CC 04-15-02 AGENDA
CUPERTINO CITY COUNCIL ~ REGULAR ADJOURNED MEETING
CUPERTINO REDEVELOPMENT AGENCY ~ REGULAR MEETING
10300 Torte Avenue, City Hall Council Chamber
Monday April 15, 2002
5:30 p.m.
CITY COUNCIL MEETING
ROLL CALL
STUDY SESSION - $:30 p.m. - Conference Room A
1. Joint study session with the Housing Commission regarding the City's Housing Program.
RECESS
PLEDGE OF ALLEGIANCE - 6:45 p.m. - Council Chambers
ROLL CALL
CEREMONIAL MATTERS- PRESENTATIONS
2. Proclamation for Nancy Court Neighborhood Watch.
POSTPONEMENTS
WRITTEN COMMUNICATIONS
ORAL COMMUNICATIONS
This portion of the meeting is reserved for persons wishing to address the council on any matter
not on the agenda. Speakers are limited to three (3) minutes. In most cases, State law will
prohibit the council from tasking 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.
3. Approval of minutes: March 18, 19, and April 1.
4. Accounts Payable: March 29 and April 5, Resolution Nos. 02-061 and 02-062.
5. Payroll: April 12, Resolution No. 02-063.
6. Treasurer's Budget Report- February 2002.
April 15, 2002 Cupertino City Council & Page 2
Cupertino Redevelopment Agency
7. Annexation: Make determinations and approve the reorgsniTafon of territory designated
"Orange Avenue 02-01", property located on the west side of Orange Avenue between
Cu'anada Avenue and Hermosa Avenue; approximately 0.219 acre, Lukzadeh, .Iavanmard,
and Asgari (APN 357-16-029). Continued to May 20 at the request of the owner.
$. Authorize fine arts grants for Spring 2002 as recommended by the Fine Arts Commission.
9. Establishing rules governing recruitment, appointment and reappointment to city advisory
bodies, Resolution No. 02-064.
10. Amending Resolution, which established a Cupertino Teen Commission, Resolution No.
02-065.
11. Approving final map for the 56-unit Astoria Townhomes project, Resolution No. 02-066.
12. Authorizing execution of amendment to License Agreement with City Center, Resolution
No. 02-067.
13. Acceptance of improvements (on-site grading): Chung-Son Chen and Jian-Pyng Chen,
21880 Alcazar Avenue, APN 357-14-035. (No documentation).
14. Approval of first and final Contract Change Order No. 1 for the Pavement Restoration
Project No. 2001-02, Resolution No. 02-068.
15. Authorizing execution of agreements with Santa Clara County in conjunction with
Stevens Canyon Street Widening:
(a) Authorizing purchase of property rights, use of General Fund monies to pay $19,547
to the County of Santa Clara for payments of $1,400 for easements and $18,147 for
project management, and authorizing transfer of $19,547 into the Stevens Canyon Road
Widening account 270-9430, Resolution No. 02-069
(b) Authori~.ing execution of Construction & Access Permit, Resolution No. 02-070
16. Renewal of the Law Enforcement Contract with Santa Clara County for an additional
three years, Resolution No. 02-071.
17. Approval of request to waive fees from the Toyokawa Sister City Committee for its
annual Cherry Blossom Festival at Memorial Park, to be held April 20 and 21, 2002, in
the approximate amount of $18,000.00.
18. Approval of questions in Biennial Community Survey.
19. Revenue and expenditure status report.
April 15, 2002 Cupertino City Council & Page 3
Cupertino Redevelopment Agency
ITEMS REMOVED FROM THE CONSENT CALENDAR (above)
PUBLIC HEARINGS
20. Application MCA-2002-01; City of Cupertino; citywide. Amendment to Chapter 19.08 of
the Cupertino Municipal Code regarding definition of setback. This item is categorically
exempt, and it is recommended for approval.
First reading of Ordinance No. 1894: "An Ordinance of the City Council of the City of
Cupertino Amending Chapter 19.08 Regarding the Definition of Setback Line."
Actions to be taken:
a. Approve, modify, or deny application
b. Conduct first reading of ordinance
PLANNING APPLICATIONS
UNFINISHED BUSINESS
NEW BUSINESS
21. Review and approval of Cupertino Pedestrian Plan.
22. Petition for reconsideration of the City Council denial of Application 09-U-01, regarding
a use permit for the continued use of a shopping center parking lot for car storage at
10071 S. Blaney Avenue (APN 369-03-004). The appeal was filed by the applicant, Gary
Schmidt (continued from March 18). All documents and videotapes submitted by Mr.
Schmidt are available for review in the City Clerk's Office and will be available at the
meeting.
ORDINANCES
STAFF REPORTS
COUNCIL REPORTS
Mayor Richard Lowenthai:
Animal Control Joint Powers Authority (until rotated to Los Cratos)
Economic Development Committee
North Central Flood Alternate
Northwest Flood Alternate
Public Dialog Consortium
Santa Clara County Cities Association
Santa Clara County Cities Legislative Alternate
Santa Clara County Library Joint Powers Authority
Toyokawa Sister City Alternate
April 15, 2002 Cupertino City Council & Page 4
Cupertino Redevelopment Agency
Valley Transportation Authority Political Action Committee Alternate
West Valley Mayors and Managers
Vice-Mayor Michael Chang:
Audit Committee
Leadership Cupertino
Legislative Review Committee
Library Steering Committee
Public Dialog Liaison
Santa Clara County Housing and
Community Development Block Grant (CDBG) Alternate
Santa Clara County Library J-PA Alternate
West Valley Mayors and Managers Alternate
Councilmember Sandra James:
Association of Bay Area Governments
Economic Development Committee
Environmental Review Committee Alternate
Library Steering Committee
Skate Park Committee
Santa Clara County Emergency Preparedness
Santa Clara Valley Water Alternate
Counciimember Patrick Kwok:
Leadership Cupertino
Library Steering Committee Alternate
North Central Flood Zone
Northwest Flood Zone
Santa Clara Valley Water
Santa Clara County Cities Alternate
Skate Park Alternate
Toyokawa Sister City
Couneilmember Dolly Sandoval:
Association of Bay Area Governments (ABA) Alternate
Audit Committee
Environmental Review Committee
Legislative Review Committee
Santa Clara County Cities Legislative Review
Santa Clara County Emergency Preparedness Alternate
Santa Clara County Housing and
Community Development Block Grant (CDBG)
Valley Transportation Authority Policy Advisory Committee
April 1 S, 2002 Cupertino City Council & Page 5
Cupertino Redevelopment Agency
CLOSED SESSION
ADJOURNlVlENT
Adjourn to a Community Congress on May 3 at 3:00 p.m. at the De Anza College Hinson Center.
REDEVELOPMENT AGENCY MEETING
Canceled for lack of business.
City of Cupertino
10300 Torre Avenue
Cupertino, CA 95014
(408) 777-3308
CITY OF
CUPEI[TINO m
Community Development Department
Housing Servioes
Summary
Agenda Item No. ! Agenda Date: A;~ril 15. 2002
Subject:
Review of selection criteria for Below Market Rate (BMR) program and update on options for
encouraging public service employee housing.
Recommendation:
This information is being provided for discussion purposes only and no action is necessary.
Background:
At the January 2002 goal setting session, the city council requested a joint study session with the
Cupertino Housing Commission to discuss the selection criteria for the BMR program and discuss
options to encourage public service employee housing.
Discussion:
Below Market Rate Program:
Since June 1993, the city of Cupertino has operated a Below Market Rate program. During the 1993
General Plan update, the city approved an inclusionary housing program requiring 10% of all new
developments to be affordable. This percentage was increased to 15% in October 2001 when the City
Council approved the new Housing Element of the General Plan. Approximately 170 of the city's 300
affordable units have been created through the BMR program. A BMR program, producing 15 units,
was in existence from 1976-86 of affordable ownership units. Thirteen of these 15 units continue to
exist in the program inventory.
The residential component of the BMR program has two parts, rental and ownership. Currently, the
program requires 50% of the required units to be affordable to low and very-low income for rental
housing and in the case of ownership, affordable to median and moderate-income households.
Prometheus, a local developer, has requested the city make the rental units available to median and
moderate income households as well as the very-low and low income households. A representative will
be present at the meeting to present this proposal. The Cupertino Housing Commission was not
receptive to this idea after receiving feedback from Cupertino Community Services and city staff. The
rental rates for the BMR units nearly equal the rental rates of similar sized older units in the city. To
market the rental units to higher incomes would make the units more expensive.
t
CUPE INO
Housing Mitigation
Procedural Manual
Amended by City Council
Junc 7, 1999
Resolution No, 09 162
City of Cupertino
Housing Division
Department of Community Development
10300 Torre Avenue
Cupertino, CA 95014
Voice: (408)777-3251
Fax: (408)777-3330
City of Cupertino
City Council
W-~lly DoanRichard Lowenthal, Mayor
John St=tton Dr. Michael S. Chana, Vice Mayor
Don Burnott
Dr. Miohaol S. Chang
Sandra James
Patrick Kwok
Dolores Sandoval
Planning Commission
David DoyloCharles Corr, Chairperson
^ndroa HarricMarc Auerbach, Vice Chairperson
Charlos Corr Anqela Chen
Patrick Kwok Gooff rtatnoo
Jorry StovoncTaohi Saadati
Housina Commission
Sarah Hathaway-Fait. Chairperson
Richard Abdalah. Vice-Chairperson
Julia Abdala
Richard Schuster
Frances Seward
Community Development Department Staff
Donnld Brown, City Managor
riobort $. CowanSteve Piasecki, AICP, Director of Community Development
Ciddy Wordell, AICP, City Planner
Colin Jung, AICP, ^ssociato Senior Planner
Micholo Bjurman, AICP, Plannor II
Gary Chao. Assistant Planner
Vera Gil, Senior Planner-I{
Peter Gilli. Associate Planner
Aarti Shrivastava. Senior Planner
Yvonno Kollcy Nancy Czosek, Administrative Secretary
Nancy CzoeokKiersa Witt, Administrative Clerk
City of Curmrtino Staff
David W. KnapD. City Manaqer
Carol Atwood, Director of Administrative Services
Charles Kilian, City Attorney
Stovo DowlingTherese Smith, Director of Parks and Recreation
Kimberly Smith, City Clerk
Bert Vickovich P.r'.Raloh Quails. Jr., Director of Public Works
INTRODUCTION
Assembly Bill No. 1600 (AB 1600, statutes of 1987, 1988 and 1989, California
Government Code, Section 66000-et seq.) establishes fl~e-standards for fl~-cities
imposing development fees. To reiterate the standards, the City.must show a relationship
(nexus) exists between the fee's use and the type of project, identify the purpose of the
fee and identify the use of the fee. The City of Cupertino has addressed these standards
with the nexus study whichstudy that was commissioned in 1991.
The study, ("A Study to Examine the Relationship of Land Use and the Creation of
Additional Housing Needs", Planning Resource and Associates, January 1992) evaluated
the relationship between land use and affordable housing. The "nexus" study showed
demonstrated that all new developments create additional housing needs and ptoeod
additionalplace additional strain on the City's Affordable Housing programs. However,
the City Council felt-believed that requiring retail developers to provide affordable
housing would negatively impact the City's econom2zally. Therefore, residential and
office/industrial developers are required to mitigate the need for additional housing units.
This document establishes procedures to implement housing mifigaton as required by the
General Plan Housing Element. The programs will bc administered by tho City or its I
sgeatCity or its agent will administer the programs.
I
This procedural manual consists of two major components, Section One addressing the
office and industrial mitigation and Section Two addressing residential housing
mitigation.
Section One: Office and Industrial Mitigation
1.01 Objective
The purpose of Cupertino's Office and Industrial Housing Mitigation Program is to
acknowledge housing needs created by the development of office and industrial projects
and provide nominal fees to support the development of affordable housing for families
and individuals who work in Cupertino but live elsewhere. This policy will help alleviate
regional traffic congestion by reducing distances between residence and workplace.
For the purposes of Section One of this manual, the terms "developer", "company", and
"owner" shall be synonymous.
1.02 Program Requirements
1.02. 01 Application of Program
Housing mitigation shall apply to new development of office and industrial space. Office
and industrial development, which has a valid use permit at the adoption of the General
Plan (June 1, 1993), shall be exempt.
1.02.02 Mitigation Fee
Developers shall pay a fee as determined by the City Council. The fee shall be adjusted
annually using the Consumer Price Index (all items index for the San Francisco Bay
Area) and shall only be used for the provision of affordable housing in Cupertino. The
options for use of the fee include, but are not limited to the following:
a. Development of new affordable units.
b. Conversion of existing market rate units to affordable units
c. Down payment assistance programs
d Second mortgage programs
In the event the funds are not used for affordable housing within five years fee will be
returned to the developer as per AB 1600.
1.02.03 Mitioation Fee Payment
Mitigation fee shall be due and payable at the issuance of any thc building construction
permits for the office or industrial project.
3
Section Two: Residential Mitigation
2.01 Objective
The purpose of the Residential Mitigation portionsegment of the program is to provide
the City of Cupertino with a supply of affordable housing for households '::he, working
and residing in Cupertino. The main goal is to provide a safe, clean living environment
for those families and individuals making a contribution to Cupertino and its residents.
Public service employees make especially high contributions to Cupertino and its
residents by ensuring public safety and providing other vital services. As such, they shall
receive a high priority in the placement system.
2.02 Program Requirements
2.02.1 Application of Program
Housing mitigation shall apply to all new residential developments of one unit or greater.
Residential developments which have submitted permit applications to the Building
Division prior to the approval of the General Plan (June 2, 1993) shall be exempt.
2.02.2 Mitigation Requirement
Residential developers shall designate at least 105_% of the units in a development as I
"affordable". If the developer is constructing "for-sale" housing, the affordable units
must serve median and moderate-income families. If the units being constructed are
rental units, then they must serve very low income and low-income families. Fifty
percent (50%) of the Below Market Rate (BMR) units shall be affordable to each income
level. For example, if the development consists of 120 rental units, then lg8 units shall I
be affordable (6-9__to low income and 6-9._to very low income). When 50% of the BMR
I
units results in an odd number, then the "extra unit" shall benefit the very low-income
category in the case of rental units or median income in the case of ownership
developments. For example, if a rental developer must provide 7 BMR units, 3 shall be
for low-income households and 4 shall be for very low-income households.
For condominiums used as rental housing, the BMR units shall be made available to low
and very low4ncome families. Should the complex owner decide to sell the individual
condominiums units, then said owner must allow the BMR residents one year to secure
new housing. After the BMR units have been vacated (during the conversion to condo
use), the units will be sold to median and moderate-income families or individuals I
households and will be deed restricted by the City for the remainder of the term of
I
affordability.
4
In phased developments, the BMR requirement shall be assessed against the overall
development plan and not the individual phases of the proposed m_aster plan.
In all cases, the BMR units should be developed in a time frame consistent with the
overall development.
When the computed housing mitigation requirement results in a fraction of a unit, the
developer's obligation shall be as follows:
0 - .49 of a unit: Round down
.50 - .99 of a unit: Round up.
2.02.03 Mitigation Options
In projects of one to aiae-six units, the developer may pay a fee in lieu of development of I
the affordable units or meet the requirement with alternatives consistent with the Housing
Element of the General Plan. Developments consisting of tea-seven units or more must ]
develop the BMR units on-site using the standards set forth in this procedural manual.
2.02.04 In-Lieu Fee
Developers shall pay a fee as determined by the City Council for developments of one to
aiae-six units. The fee will be assessed on a per square foot basis (inclusive of garages) I
on all new development and be adjusted annually using the Consumer Price Index (all
items for the San Francisco Bay Area). For the purposes of assessing the fee, new
development shall be defined as development on an existing vacant lot or redevelopment
of a lot where an existing housing unit has been demolished.
The in-lieu fee (collected for projects of less than tea-seven units) shall only be used for I
the provision of affordable housing in Cupertino and will be collected at the building
permit stage of development. The in-lieu fee shall be paid prior to the issuance of any
construction permits and prior to the commencement of any work on the site.
The options for use of the fee include, but are not limited to, the following:
a. Development of new affordable units
b. Conversion of existing market rate units to affordable units
c. Down payment assistance programs
d. Second mortgage programs
In the event the funds are not used for the purposes they were exacted or utilized within
five years from the date the fee was collected, the in-lieu fee will be returned to the
developer as per AB 1600.
2.02.05 Aqreement between Oevelooer and Citv
Developer shall enter into an agreement with the city of Cupertino to provide the
affordable units prior to the issuance of any construction permits and prior to the
5
commencement of any construction on the site. Said agreements shall indicate where the
units will be located on the site.
2.02.06 Dofinition of Affordability
An affordable unit is onc that is affordable to households earning 120% or less of thc
median income for the County of Santa Clara as defined by the fedoral Department of
Ilousing and Urban Development (IIUD). The State of California and IIUD definition of
"affordability" shall bc used to genorally define thc paramoters for thc purposes of this
program. Currently, both government entities define affordability as monthly housing
costs that do not cxec, ed 30% of a household's gro~s monthly income. Ilousing costs
include not only rent and mortgage payments, but also utilities, homeowner's insurance,
homeowner's aosociation dues and property taxes.
2.02.06 Qualifioation for Affordablc Units
Applications shall bc solicited as necessary to maintain adequate application pools.
13xhibits C and D will be used to give profemncc to qualifying Cupertino residents,
Cuportino public service employees and individuals working full time in Cupertino.
2.02.07 Sclc PFiocc for Affordablc Unite
F~r ownership units, thc selling pri~ shall not cxcx~l those shown in Exhibit B.
2.02.0E l'lontal Ftatoo for Affordablc Units
P. ental rates for thc affordable units shall not exceed those listed in Exhibit B.
2.02.09 2.02.06 Annual Revision of Sale Prices and Rental Rates ].
I
Both the affordable selling prices and rents for thc affordable units shall be updated on an
annual basis in conformance with the HUD Income Guidelines as established for the
County of Santa Clara by the United States Department of Housing and Urban
Development (HUD).
2.02.10 2.02.078 Project Conformance I
Affordable units shall generally reflect the total project mix in terms of bedroom count
and size of unit. The units shall be scattered throughout the site and shall conform to the
exterior appearance of the other units in the project. Buyers should be permitted to
upgrade fit and finishes prior to the close of escrow. Low/very low-income units can be
substituted for market rote units at the developer's discretion. I
2.03 City Contributions
6
2.03.01 Density Bonus
To maximize housing opportunity and partially assist thc developer by reducing or
eliminating the development cost for the affordable units, a density bonus consistent with
Ordinance No. 1569 ("An Ordinance of the City Council of the City of Cupertino
Adopting and Implementing the State Density Bonus Law") may be permitted. The
bonus units shall be permitted providing they can reasonably be accommodated on the
site and meet City standards. Residential/housing mitigation requirements shall apply to
the density bonus units.
2.03.02 Elimination of Cortain Amonitios Alternate Interior
Finishes in Affordable Units
Thc exterior design of the unit shall be consistent with other units in thc project.
Internally, the affordable units may differ from other units in the development projoct by
using alternate interior finishes that are approved by the Cupertino Housing Commission.
eliminating certain amenities, which are considered to be luxury items, in order to reduce
eosts. Ilowcvcr, the exterior design of thc unit shall bc consistent with other units in thc
project. Itoms such as plumbing and lighting fixtures, hard~vood floors and marble
ontries may bc considerod
2.03.03 Financial Assistance
If the project qualifies, the City may choose to utilize Affordable Housing Fund monies
to create a greater percentage of affordable units at the 50% (very-low income) and 80%
(low income) price levels.
2.03.04 Fee Waivers
The City shall waive park dedication and construction tax fees for affordable units.
2.03.05 Priority Processing
The city shall, wherever possible, expedite the processing of developments with
affordable units.
2.03.06 Management Agreement
The _Ceity shall enter into an agreement with a management agency to administer the
buyer selection process and manage the BMR rental program. To assist developers in
distancing themselves from the management and sale of the BMR units, developers shall
have their affordable units managed and sold under the City agreement with the
management agency.
2.03.07 Subordination Restrictions
The City agrees to subordinate this housing mitigation program to any construction
lender and to individual first deeds of trust to the extent of 90% of the below market rate
7
value. The City shall have the nonexelusive right to cure a default to preserve the
housing mitigation program.
2.04 Applicant Qualifications
2.04.01 Applioant Qualifioations for Ownorship Units
Tho BMR program is dcsigned to a~sist fir~ timc homc0ouyors with incomcs bet,,vec~
80% and 120% of the me, dian for thc County of Santa Clara as establi~ed by IIUD.
Applicants will be eligible according to thc family size and income criteria indicated on
Exhibit B.
2.04.02 Applioant Qualifioationc for [lontal Units
Thc program is dcsignod to assist low and very low incomc familics whioh are defined as
families with an income less than 80% of thc median inc, omc for thc County of Santa
Clam as cstablished by IIUD. Applicants will bo cligible according to the family size and
incomc criteria indicated in Exhibit B.
2.04.03 2.04.01 Solicitation of Applicants
Applications for BMR units shall be solicited as necessary to maintain adequate
application pools for each appropriate income level. Applicants may use a "self-
qualifying" eligibility application, which will be subject to verification.
Applicants will receive a point for meeting each of the following descriptions: Cuportino
residont; full time Cupc~tino public sorvicc employec and pormancat full time c~nploy~
working in Cupo'tino. Applicants will rc~ivc two points for qualifying as a Cupertino
Public Servia Employee.
One point = Cupertino resident;
One point = Primary full-time employment in Cupertino;
Two points = Cupertino Public Service Employee.
Applicants accumulating thc maximum three four points shall bc consid~od the highest
priority, with applicants rocciving two thrcc .points bcing thc second highest priority and~
applicants with onc two points being thc third highest priority and applicants with one
point boing the fourth highest priority. Applicants receiving zoro points arc considored
thc lowca priority. Within oach priority group, waiting list numbors shall be assigned
based upon the date thc application was roeelved.
Applicants receiving four points shall be considered the highest priority;
Applicants receiving three points shall be considered the second highest priority;
Applicants receiving two points shall be considered the third highest priority;
Applicants receiving one point shall be considered the fourth highest priority;
Applicants receiving zero points shall be considered the lowest priority.
8
2.04.02 Definition of Residency
Households applying under priority consideration for residency shall provide proof of
residency in Cupertino for at least one year from the date of application. Utility bills and
rental agreements shall be considered proof of residency.
2.04.03 Definition of Full-time Em~iovment
Full-time employment is defined as 35 hours per week. Cupertino employees must show
proof of being employed at a primary full-time, permanent job. A letter from the
personnel department of the employer and one year's paycheck stubs shall serve as
sufficient proof.
2.04.04 Applicant Submittals
All applicants remaining on the waiting li~ shall submit, on an annual basiswh~
roqucsted, proof of:
a. Residency
b. Place of Employment
c. Annual Gro,'~s Income
d. Other Assets
2.04.05 Dofinition of nFst4imc Homobuyor
An applicant shall bc considered a first time homobuyor if their name has not appoarod
on a residontial proporty title for a principal residence in at loast three years. This
dofinition applies to proporties owned in foreign countries as wotl as thc United States.
2.04.06 2.04.04 Definition of Public Service Employee
Public Service employees are defined as full-time teachers employees from the Cupertino
Union School District, Fremont Union High School District mad _DeAnza College~ and
employees of the City of Cupertino and Cupertino Library. Santa Clara County Fire
Department and Santa Clara County Sheriff Department employees must work within the
city limits to be eligible for housing assistance; reassignment to another city/county area
is cause for removal from the eligibility list. However, if the Fire or Sheriff employee
has received housing assistance and is reassigned, the employee will not need to
relinquish the housing unit.
The public service position, as defined in the above paragraph, must be the applicant's
primary wage earning job in order to qualify under the public service definition. Proof
shall be submitted in the form of paycheck stubs.
2.04.07 Flcquirod Longth of Floeidoncy and Employmont
Ilouseholds applying under priority description one and three shall provide proof of
residoncy or employment in Cupertino for at loast one yom'. Utility bills and rental
agrcomonts shall be considored proof of rcsidoncy. Cupertino omployocs must show
proof of being omployod at a full time, pcmnanont job. A lottor from the porsonnel
9
department of thc employer and ono yoar's paycheck stubs shall serve as sufficient proof.
Applicants providing proof of longer residency or employment shall receive greater
,.voighfing in the priority rating systom.
2.02.05 A licant Waitino Lists
Within each priority group, waiting list numbers shall be assigned based upon the date
the application was verified and approved, or if a Drawing is used. the order drawn
within each priority group.
Waiting lists will be verified annually in accordance with the U.S. Department of
Housing and Urban Development (HUD) income guidelines. The verification procedure
will consist of notifying the applicants on the waiting lists to complete a new "self-
qualifying" Eligibility Application form or supply specific information to determine if
they are still qualified. The information will need to be supplied within 30 days of the
request or the date specified on the letter. Applicants will retain their priority number on
the Priority Waiting Lists from the previous year. if their qualification information is
received within the specified time period.
2.04.06 Ao licant Submittals
All applicants remaining on the waiting list shall submit, when requested, proof of:
a. Residency
b. Place of Employment
c. Annual Gross Income
d. Other Assets
2.04.07 Ao licant's R oht to Refusal of Unit
An applicant has one opportunity to refuse a development before being removed from the
current applicant pool.
Applicants who do not qualify for a particular development shall retain their eligibility.
2.04.08 Income Qualification
Household income is defined as the sum of all the income for every adult. 18 years or
older, living in the unit. Sources of income include all wages or salaries, overtime pay.
commissions, fees. tips. bonuses and other compensation, net income from a business or
profession or from the rental of real or personal property, interest and dividends.
payments received from social security, annuities, insurance policies, retirement funds.
pensions, disability or death benefits, payments in lieu of earnings, public assistance.
alimony and child support, and any others sources of income.
Net assets in excess of $60.000 will have imputed income at 5% or actual income.
whichever is larger, added to Household Income.
10
Each able-bodied adult included in the household. 18 years or older must be employed.
Exceptions will be reviewed by the City or its management agent (i.e. disabled, full-time
student, etc.)
2.04.09 Aooeal Process
Any portion of this manual may be appealed. A written request is required from the
appellant. The request should be addressed the Community Development Director. Any
appeal will be referred to the Cupertino Housing Commission for recommendation within
thirty (30) days of the date of the written request. The recommendation from the
Cupertino Housing Commission will then be forwarded to the City Council for final
ruling. All City Council rulings on the appeal are final.
2.05 Buyor $oloction for Ownership Units
2.05.01 l Fioritization of Applications
Applications for BMR units shall be solicited as nec~ to maintain adequate
application pools. Applicants will recc, ive a point for muting each of thc following
dcscriptions: Cuportino rcsident: and pormanent full time employoe working in
Cupertino. Applicants will reccivc two points for qualifying as a Cuportino Public
$orvi~e Employec.
Applicants accumulating the maximum four points shall be considered thc highc~t
priority, with applicants rc~,iving threc points being thc s~-~ond highest priority.
applicants with two points being the third highcst priority and applicants with onc point
being thc fourth highest priority. Applicants receiving zero points arc considered thc
lowest priority. Within each priority group, waiting list numbers shall bc assigned based
upon thc datc the applioation ,~ws reccived. Applications shall bc prioritized in thc order
of qualifying Cupertino rcsidonts, Cupertino public service employecs, individuals
working in Cupcrtino, and immediatc family of Cupertino residents. Regardlcss of
priorities, applicants must still mect income eligibility requircments as dcscribed in
sc~tions 2.0d.01 of this manual.
Applicants who qualify for units shall bc sclocted from thc eligiblc applicant pool as units
becomc availablc for salc. The applicant's placoment on the waiting list shall bc
established by the priority rating system described in Exhibit Cabove. All applicants
must continuc to meet eligibility requirements to remain on thc waiting list. The waiting
list shall bc purged rffter one- yem'.
2.05.01 A licant Qualifications for Ownership Units
The BMR program is designed to assist first-time homebuyers with incomes between
80% and 120% of the median for the County of Santa Clara as established by HUD.
Applicants will be eliffible according to the family size and income criteria indicated on
Exhibit A.
2.05.02 A;;licante Assets
Households with net assets over $100.000 will not be eligible. Excluded from net assets
are all non-accessible funds: or any assets that generate a penalty when withdrawn i.e.
401K, CALPERS. STRS and other pension plans.
2.05.03 Definition of First-time HomebuYer
An applicant must be a first-time homebuyer to be considered for ownership. An
applicant shall be considered a first-time homebuyer if their name has not appeared on a
residential property title for a principal residence in at least three years from the date of
application. This definition applies to properties owned in foreign countries as well as
the United States.
2.06.02 2.05.04 Price Determination
The income range of the buyers shall determine the unit type and sale price as indicated
in Exhibit B.
2.06.03 Applioant'c [light to I'lofuool of Unit
An applicant has one opportunity to refuse a development before being removed from thc
current applicont pool.
Applioants who do not qualify for a particular development shall retain their eligibility.
2.06.04 2.05.05 Lending Institutions
The prospective buyer, when seeking financing, may choose to contact lending
institutions that have been briefed by the City or its agent.
2.05.05 2.05.06 Insurance Requirements [
Prior to the sale of any unit, the City shall require that each purchaser execute a
subrogation agreement whereby the City shall be named the additional insured party to
any policy of fh'e or casualty insurance and will be entitled to any such policy proceeds in
excess of the affordable unit purchase price.
2.05.07 Qualification Period
Applicants must verify qualifications and qualify to purchase a unit within 30 days of
notice that they are eligible apply to purchase.
2.06 Deed rlostrictions (Ownorship units)
2.06.01 2.05.08 Occupancy Conditions
Units must be owner-occupied and ~vill be vorified annually verification of owner shall
be on an annual basis.
2.06.02 2.05.09 Lease, Rent, or Sublet of Units
Owner is not permitted to lease, rent, sublet the unit, or otherwise assign their interests in
the property without the express written permission from the City or its property
management agency. The lessee must meet the same requirements imposed on the
owner. The lease shall be subject to review by the City or its agent.
Example:
The owner of an affordable unit is being transferred to a
different state for a nine-month period. In order to lessen
the burden of the owner paying a mortgage on the BMR
unit as well as rent in the new state, the owner may lease
the BMR unit with prior written approval from the City or
its agent.
2.06.03 2.05.10 Resale Price
Sale of a unit is controlled by thc original purchase price, plus changes in the Consumer
,th'icc Index for the Bay Aroa as well as thc markot value of any substantial improvements
made by thc owner. Value of improvements, if any, is to bc established by a property
appraisal.
The resale price will be established based on the following:
a. Original Purchase Price.
b. Cumulative increases or decreases during the period of ownership, as indicated by
the Consumer Price Index for the Bay Area.
c. The value of any substantial improvements or damage to the unit. Values of
improvements, if any, are to be established by a property appraisal at the owner's
expense.
d. Administrative costs incurred by the property management agency or other selling
agent to sell the unit.
2.06.04 2.05.11 Right of First Refusal
During the period that an affordable unit is maintained at an affordable price the City has
the right of first refusal on the sale of any of those units. Within sixty (60) days of notice
from homeowner, the City must decide whether it will exercise this option.
2.06.05 2.05.12 Condition of Units
Units shall be kept in good repair and resale price shall reflect thc condition of the unit.
Cost of termite reports and any required repairs are considered out of pocket expenses for
the sellers.
13
2.06.06 2.05.13 Terms of Affordability
The deed restrictions imposed on each affordable unit pursuant to the program shall
remain in effect for a period of 99 years from the date of original sale of that unit.
Furthermore, the resale restrictions shall renew at each change of fire.
2.07 Prooodurc for ncsalc of Units
2. 07.01 2.05.14 Resale of Unit- Owner's Responsibility
If the owner elects to sell his unit, the City and/or its agent must be notified in writing.
2.07.02 i'tcsalc Pr4cc Caloulation
· During thc rcspootivc program poriod thc resale pric, c will bo established based on thc
following:
a. Original Purchase Brice.
b. Cumulative incroasos or decreases during thc period of ownership, as
indicated by thc Con,mot l>dcc Index.
c. The value of any sulr~,tantial improvoments or damage to tho unit.
d. Administrative costs incurrod by thc property managoment agency or
other soiling agent to sell thc unit.
2.07.03 2.05.15 Purchaser
As units become available for resale, the next qualified buyer in the application pool will
be notified.
2. 05.16 Fees
In addition to any fees noted, the City or their Agency may charge an administrative fee
for services in qualifying a purchaser and maintenance of waiting lists. The fee will be
the responsibilitY of the Purchaser.
2-,08 2.06 Tonant $olootion for Rental Units
2.03.01 i'~ioritization of Applioation=
Applications for BMR units shall be solicited as nec, cssary to maintain adequate
application pools. Applicants will receive a point for mca, ting each of thc following
dcscriptior}s: Cupertino resident: and pormanont full time omployoe working in
Cuportino. Applicants will rc, ccive two points for qualifying as a Cuportino Public
8orviec Employee.
14
Applicants accumulating thc maximum four points shall bc consid~rod the highest
priority, with applicants receiving three points boing thc second highest priority.
applicants with two points being thc third highest priority and applicants with one point
being thc fourth highest priority. Applicants rccciving zoro points arc considored the
lowcst priority. Within each priority group, waiting list numbors shall bc assigned based
upon thc date thc application was rcceqved. Applicants will recoive a point for mooting
cach of the following descriptions: Cuportino residont; full time Cuportino public son, ioe
omploy~ and permanent full time omployeo working in Cupc, rtino.
Applicants accumulating thc maximum throe points shall bc considored the highest
priority, with applicants r~-~civing tWo points being thc sooond highest priority and
applicants with one point boing tho third highest priority. Applicants roc~iving zero
points are oonsiderod the lowest priority. Within each priority group, waiting list
numbors shall be assignod basod upon the date thc application was roccivod. Regardless
of priority placement, applicants must still moot income eligibility requirements as
describ~l in soction 2.04.02 of this manual.
Applicants who qualify for a dcvolopmont shall be selected from thc eligible applicant
pool as units booome available for ront. Tho applicant's plaooment on the waiting list
shall be established by thc priority rating systcm dcscribod in Exhibit Cabove. All
applicants must continue to meet eligibility requirements to remain on thc waiting list.
Thc waiting list shall bc purged aftor OhO year.
2.06.01 A licant Qualifications for Rental Units
The program is designed to assist low and very low-income families, which are defined
as families with an income equal to or less than 80% of the median income for the
County of Santa Clara as established by HUD. Applicants will be eligible according to
the family size and income criteria indicated in Exhibit B. Individual complexes may
impose a minimum income not to exceed 2~'~% two times cf rznt the monthly rent.
2.06.02 A licant Assets
Households with net assets exceeding one year of the maximum income allowed will not
be eligible. Excluded from net assets are all non-accessible funds; or any assets that
generate a penalty when withdrawn i.e. 401K, CALPERS, STRS and other pension plans.
2.09.02 2.06.03 Rental Rate Determination
The income range and household size of the tenant shall determine the unit type (and
therefore the maximum rental rate of the unit) by using Exhibit B.
2.09.03 Applioant's i ight to ilofusal of Unit
An applicant has one opportunity to refuse a development before being removod from the
current applicant pool.
Applicants who do not qualify for a particular development shall retain their eligibility. I
15
2.00 Loacing an ^ffordablc Unit (nontal)
2.08.01 2.06.04 Availability of Units
An affordable unit shall not be available for lease until thc City formally accepts the
units.
2.09.02 2.06.05 City Contractor's Role in Leasing of Units
Thc developer shall utilize the services of the City's management agency to assist in thc
selection of tenants. The services of this agency shall be funded out of the in-lieu or
Community Development Block Grant (CDBG) funds and shall be monitored by the
City.
2.08.03 2.06.06 Previewing of Unit
It is the applicant's responsibility to contact the management agency to preview the unit.
2.08.04 2.06.07 Occupancy Conditions
It is the intent of this policy that the original lessee shall occupy the unit during the term
of the lease. However, if special conditions require that the unit be sublet, the
applicant/tenant is only permitted to sublet the unit to qualified households with the
express written permission from the City of Cupertino and its agent.
If an additional occupant (roommate, family member, etc.) moves into the unit, he/she I
will be considered part of the existing household. In such cases, the BMR tenant must
notify the City and/or it's agent prior to the move in date for reevaluation. Furthermore
At which time, the entire household (including the new occupant) will be reevaluated to
determine eligibility, including household income requirements. All household members
must reside in the unit for at least six months each year.
2.00.08 2.06.08 Annual Re_-qualification
On an annual basis, the city or its agent shall requalify tenants to verify they are eligible
to remain in the below market rate rental units. Requalificafion shall be based upon the
tenant's income, as determined by the three most recent pay stubs, prior year tax forms ]
and family size. If no longer eligible for the below market rate rental unit, the tenant will
have three months to locate alternate housing and vacate the BMR rental unit. A three
month extension may be granted in cases of extreme hardship.
2.06.09 Annual Rental Rate Increases
The annual rental rate increase shall be established from a formula chosen provided by
the City based on the following:
a. Previous rental rate
b. HUD income guidelines
c. Household size
16
d. Units size
e. Annual Utility Allowance
No annual increase shall exceed 5%.
2.06.10 Evictions
Any falsification or knowingly withholding documents and information will result in an
immediate 30-day notice to vacate. Tenants are subject to Complex M apartment
management regulations, which may result in tormination of tonancy.
2.10 Dood ncstrictions (nontal Units)
2.10.1 2.06.11 Condition of Units/Complex
Thc units/complex shall be kept in good repair and the resale price shall mfloct thc
condition of thc units/complex. Tenants are subject to Complex M apartment
management regulations, which may result in termination of tenancy.
2.10.2 2.06.12 Terms of A ffordability I
Deed restrictions placed on each unit/complex pursuant to the program shall remain in
effect for a period of 99 years from the date of first occupancy of the unit/complex and
shall become null and void upon the expiration of that period, unless it is extended by the
developer in order to take advantage of incentives resulting from changes in public policy
and programs. These deed restrictions shall nm with the property and not be affected by
the sale of the complex, or the individual units within the complex, prior to the
completion of the term of affordability.
In the event the program is terminated prior to the 99-year period through formal action
by the City Council, deed restrictions shall be null and void. Full ownership rights of the
units/complex shall revert to the owner at the time of termination.
2.10.3 Appoal Pr-oooss
Any portion of this manual may bc appealed. A writton roqucst is rc, quired from thc
appellant. Thc roqucst should be addressed thc Community Development Dirc, ctor. Any
appc, o.l will be rcforred to thc Cuportino Ilousing Committee Commission for
rocommondation within thirty (30) days of thc date of thc written roqucst. Thc
re, commendation from thc Cuportino Ilousing Committee Commission will then bc
forwarded to the City Council for final ruling. All City Council rulings on thc appoal arc
17
Exhibit A
Ivledhan 81% - 100% 67,200 76,800 86,400 g6,0O0 103,700 111,350 119,050 126,700
Moderate 101% - 12016 80.650 92,150 103,700 115,200 124,400 133,650 142,850 152,050
Income limits are revised by the U.S. Department of Housing and Urban Development on an annual basis. Revised 2/02
18
Exhibit B
1-4 2 194,204.00 238,769.00
3-5 3 238,769.00 304,185.00
4-6 4 266,571.00 325,718.00
Rental Rates of Affordable Units by Household Size
and Number of Bedrooms
1-3 1 $850 $1,100
2-5 2 $1,000 $1,300
3-7 3 $1,100 $1,450
19
The City of San .lose is offering a new _j_
and improved program to assist San Jose
public school teachers in the purchase of a
home in San Jose. This program was created
specifically for San Jose school teachers. The
City loan within this program now provides
up to $40,000 to assist in purchasing a single-
family residence,, townhome, or condominium. I P
r
o
r
a
in
Many of these program changes were a direct
HOME§ U YE R
result of feedback from teachem concerning
our initial home loan program. This updated "~'~'" '~'~ ..... s ~.~ :'"~!,, ~ ....
program will significantly boost teacher-
k,~buying p°wer' ~/ ,_1~
Households can now earn up to 120% of current ~ ............
Santa Clara County Median-Income Limits.
This allows a two-person household with a gross ...........
income of $83,500 to qualify for funding assistance.
The City of Ssn. Jose Department of Housing will
provide loan assistance, up to $40,000. This loan is
offered at 0% interest and not due and payable until PUBL I CSC H () 0
transfer of title to the home or in 30 years. ~]]' l_q A ¢ 1'1 E R S
A participating Mortgage Lender w/// finance the
rema/ader of the purchase price. ~ o, ~
s u, Jos
--' www. sihousing.org
City of San
Department of Homing ,.,.~..
'Fax: 408.277.3197
4 North Second Street D 0 D G r t Ill C Il t
Suite ~350 O f
San ]o~e, CA 95~3 H o u s
fleeycled/Recyclable
5K/5.00
There are six requirements to qualify for this program. If, you meet the six program requirements, you are
.'~ao,' ,~.~? Please note that all criteria must be met for you to ready to proceed with these next steps:
'~ ~..~l~..'~'"i~ ..... '~-~!'. ~ '5~ participate. Please call the Department of Housing
:~ ~'.7-~-'~;~: :~.w..,.~ if you have any questions concerning the program Ca Complete and mail the attached Teacher
ti ~ .. '; criteria. Response Card, or, to expedite the process,
call or e-mail the Department of Housing
. ~-~ 1) Your household must include a classroom teacher and request a Teacher Homebuyer
. _ - ~ ~'~.~ .; -~ .. ~ employed full-time at a public, K-12 school that is Application Packet.
· ~.,' ~-~ . q~ :',. &,~ '~-. ..-
. -'., . ~'¢~.~? ~ J~.i either located within the City of .San Jose municipal If you have questions concerning completion of the
· . ~ .~A~¥',~//~>~:.~? ~.~ ?, boundaries or at a school where the majority of attached Response Card, please contact Mark Brogan
-' '~ ' ~ "~)' il '~-,~' ~'~- ;: students served reside in the City of San Jose. 408.277.8486 of the City of San Jose's Department
· -.' h..' ' ':' 't'~,* ~ ~ i} ~ "~'"~ of Housing.
'.;~ ~ ~- - · .. ,._.?~ 't II ~ 2) Your household's gross annual income cannot exceed
. , .,,. :
-.. · ., . ; :~ these current limits*, by household size: Ca Contact a Lender.
· " ' ~ " ' '..i!~': You will receive a list of private Lenders involved in
~="' ~ ': ',~' T~ ] ~ r ~ ?. this special loan offering. The Lender can pre-approve
' ' q-' . '..' "'~ ] - ', ~':~L~ :, I~ia,. I $ 73,1O0 you for a loan and provide you with a clear idea of the
~~'~]~ '! ~' "~ '' ·, ,. ~ . ~ ~ !~], ~: i :',i1t~i ',~ 4 3g ..$$ 8a,50003,050 pdce range ofhomes that you can ~ffi'ord.
¢ $10~,4~00
~.._.,..,.,~:~? ,.,, :~ .. · Ca ;ro~k ,~ah a Real ~state Age,,t ofyoar
~:~ }. _ ch. oice ia the search for your new home.
.
'. ' -; home, e.g., children, relatives, and significant others. Ca Get final loan appi'ovals from your Lender
.'':~ [!at:'~ i''~i MaxirnumQualifyinglncome:Grosshouseholdincomeforyou, and the City of San Jose's Oepartmen! of
.' ~. : ~. ~; other household members (e.g., spouse, partner, significant other, Housing.
'¥ ~.~: children~ (18 years or older), parents residing in the home), and
~. , . . ~..~ otherco-borrowers. Ca Sign-up and complete the required, free
i. ~' * 120% of tIw 2000 Sa,la Clara County Median-Income Limits. First-Time Homebuyer Education Class.
· ' ? ,. ~'. You may contact the Consumer Credit Counseling
~." ~ - " " 3) The home must be within the City of San Jose Service 408.988.7881, your Real Estate Agent, or
~ , ~ ? municipal boundaries. Mortgage Lender to arrange for your free seminar.
-" ' - ;. Be prepared to show your certificate of completion
~ ~ N '~ 4) You must hold a California Teaching Credential. to your Lender.
..L -'. ~ 5) You, other household member(s), and any other ca Move in, after loan closing, arid enjoy your
co-borrowers must all have credit histories acceptable new h nme.
: i'~!" '~- to the mortgage lender.
~ 6) You cannot own a home at the time of the City loan
closing. For additional information eonceroing this program
i~' ~o,~ , .,~. ~ .'- ' please contact:
~ ~ -':~L~.'~ . :. Mark Brogan: 408.277.8486
~l~- : ,~ e-'mail: mark.brogan@ci.sj.ca, us
-~- Tom Cook: 408.277.2266
e-mail: tom.cook@ci.sj.ca.us
.:,:.'...-'.:~.~.~.~.-~ .~.. ~ ~
Page 1 of 3
Grace Johnson
From: Vera Gil
Sent: Wednesday, April 24, 2002 5:20 PM
To: Grace Johnson
Subject: BMR Rental.xls
Household Income
Residents Avera;e $37,494
Residents Lowest $9,828
Residents Highest $65,000
Waiting Mst Average $38,693
Waiting List Lowest $9,360
Waiting List Highest $73,869
Family Size
Residents Average 2.5
Residents Lowest 1
Residents Highest 6
Total Residents 188
Waiting List Average 2.8
Waiting List Lowest 1
Waiting List Highest 6
Total Waiting List 130
Race Individuals Households
Residents
Caucasian 65 38 69%
African American 17 8 15%
Asian American 43 15 27%
Hispanic 13 6 11%
Native American 0 0 0%
Other 10 4 7%
Unknown 40 22 40%
Total 123 55
Waiting List
African American 5 2 4%
Asian American 38 13 28%
Caucasian 31 13 28%
Hispanic 23 9 20%
Native American 0 0 0%
Other 33 9 20%
Total 130 46
4~5~2
Below Market Rate Program
· ,'." . 15% of all new developments must be
'."~:. ,. affordable
'"'~'" "' Residential ponent has two parts
:':"'~!.:.i'?:,'.:~:,.-::~.'~.'. , Rental (targets very-low and Iow income
"¥"'" '""~': ' households)
..'....::.~ , Ownership (targets median and moderate
~'~"~' '::' ':'"" households)
· - .~ ..... . City contracts with CC$ for management of
· ,:.:... program
· ~.... :. . Placement an tenant income monitoring
~'.::: :.?~',.'".: :. !'~
· "i ' ". ,'.;:"]~ .'::
BMR Ownership - Ethnicity
· Caucasian
..... . · ·African American
' :'~': .i': ' { nAsian
[] Hispanic
i~..~.~....: :i. '. '.' · Native Am erican
~" :~.' ' 11% 0%
. · Other
· ~.~?..:", .... ?: ;,;:. 0% ·
.
~:..... ,:., .~, ... 83%
BMR Rental - Occupations
· '. ,. '"'~:.. 16%
: :..":.: "i .i.,: 23% _ ~ . Administration
~ ....:~..., · Disabled
· ... .... . .... 2~,.%,:~
"~' '" '."'" "· ' ----- 12 Finance
':" ..... J ~ 4%
i;:.: '"" '''~': ~' 1%'-- ' _. .Laborer
..... :" '~' .... · · Medical
.... "': · '~ '?' ;..."~' [] Non-profit/Gov.
:': ~.~ .~.... '.'.: '. · · Retired
~..."' '. ... · - · Self-employed
'"" ::': 80/~ '~- 8% "Student
'":" ': .... ~ ~ 12 Tencher
:~:'"' ,~,, ',::":'~:::' .i.i...'.. ;:::~. 2% -- ~ ........ - - 6% n Technology
:':':' "~'::':~ ~":" 20% .U~own
BM R Rental - Ethnicity
· Caucasian
· ': ..... ·]African American
· ' ';' ' :"/" r~Asian American
:=' ·... EIHispanic
i,.- ..... · Native American
: ,~ ::.,... , ,...~:... --~ Other
~....,.~: ..~... · 21% · Unknown
i!.~.'
..... .~.~ 35%
::' ~' '. ".'=.. 0% , -'- ~
Public Service Employee
Housing Program
,.....,.. ~.... Teacher Monthly Mortgage Assistance Program (TMMAP)
.... ~.. ~?' . Could cost $1,891/per month for each teacher for ten years.
...i ~'~'' ".i::i' . Total of approx. $226,920 per teacher for ten year period
":"': '" City of San Jose Prog
· ram
· .. '?.....::'.,.. .... .'... . ,000 down payment assistance for teachers
~...:...;. ,,..~ . . Interest and principal deferred until change in title of property
..~ . Offers closing costs
· . Offers a variety of loans for first time homebuyers
· ,.';.~,' . Currently operational
;'~';"; Teacher/Senior Hatch Progra
· ....,. . Contract with an agency, for example Catholic Charities, to match
"~'"~'"~"" seniors with homes with teachers in need of housing
RECEIVED
O ETHEU$ zo,z
BY:
April 11, 2002 [SENT VIA FACSIMILE AND US MAIL]
The Honorable Richard Lowenthal,
Mayor'of the City of Cupertino
and Members of the City Council
10300 Torre Avenue
Cupertino, CA 95014
Dear Honorable Richard Lowenthal and Members of the City Council:
We understand that the City Council will meet on April 15=h to review
the draft Cupertino Housing Mitigation Manual. We are providing the
following comments regarding this subject for your review and
consideration.
1. Housing Goals Conflict With Results
One of the objectives stated in Cupertino's Housing Mitigation Program
is to acknowledge that "public service employees make especially high
contributions to Cupertino and its residents by ensuring' public safety
and providing other vital services". As a result, the Housing
Mitigation manual states that public service employees shall receive a
higher priority in the placement system for BMR housing units.
Although public service employees receive a higher priority, the
current allocation of BMR units (50% targeted for "low income"
households and 50% targeted for ~very low iDcome" households)
prohibits the majority of public service employees from participating
in the City's BMR program that is designed to encourage their
participation. The goals of the Housing Mitigation Program are in
conflict with the inevitable results that will be achieved.
Supporting Data
We have attached an analysis that illustrates this conflict. The
analysis documents the typical income ranges for public service
employees in Cupertino as well as the Area Median Income requirements
for the City. As reflected in this analysis, almost none of the
public service employees selected (teachers, librarians, city
employees, firefighters, and police personnel) in a one or two person
household would qualify for a "very low" apartment unit. Furthermore,
many of the public service employees in a one or two person household
would not even qualify for a "low income" apartment unit.
Since the structure of the currently proposed Housing Program does not
result in achieving the goals of the City of Cupertino, it seems that
it would be prudent for the City to consider allocating a higher
percentage of the designated BMR apartment units to the low, median,
or "low/median" income levels. This is especially critical since the
350 Bridge Parkway, Redwood City, CA 94065-1517
Telephone: 650.596.5300 Facsimile: 650.596.5374
www. prometheusreg.com
City is increasing its BMR requirement from 10% to 15%. This
allocation change would result in more public service employees
potentially participating in the program that is designed to encourage
their participation.
2. Redevelopment of Existing Residential Properties
To meet the City's and ABAG's housing goals, some of Cupertino's
existing older residential properties will likely be redeveloped to
create more housing. The City's BMR program should not create a
barrier for such redevelopment. Existing older apartment projects do
not have a BMR requirement. Should a property owner decide to
redevelop an existing residential property, the BMR requirement should
not be imposed on the residential units that would be reconstructed to
replace the existing units.
The BMR requirement should apply for all units constructed on a
property in excess of the existing number of units. An example may
assist in clarifying this concept. For example, if an existing
apartment development of 100 units were redeveloped to 400 units, the
first 100 units would effectively replace the existing units and not
be subject to the City's BMR Program. The 300 additional units that
are in excess of the existing 100 units would be subject to the City's
BMR Program. This plan is not only reasonable but we believe is
necessary to allow for the City to accomplish its goal of creating
more housing in Cupertino. The current draft ~ousing Mitigation
Program does not address this issue.
We appreciate the City Council and Housing Commission reviewing and
considering this important data as it revises it's Housing Mitigation
Program. We look forward to participating in the 'City Council's study
session on April 15th to discuss these issues. Thank you for your
consideration.
Sincerely,
~ Prelident of Development
cc: Steve Piasecki, Director of Planning, City of Cupertino
Vera Gil, Planning Department, City of Cupertino
Housing Commission, City of Cupertino
Enclosure
S: \Dev\California\VILI~A SERRA\ZONING\City Correspondence\4.11.02 BMR Council Letter.doc
Prometheus Real Estate Group
BMR Case Study
Cupertino, CA
March 2002
Income Statistics (Cupertino)
Discipline Salary Range
1. Elementary to Middle School Teachers $40,496 - $76,791
2. Highschool Teachers $41,399 - $78,718
3. DeAnza College Teachers/Proffesors $41,957 - $77,690
4. Librarian $36,672 - $44,328
5. City Employees (Administrative/Public Works Project Manger) $35,268 - $82,540
6. Fighedighter Engineer/Fire Captain $67,368- $80,844
7. Deputy Shedff Cadet/Deputy Sergeant $60,084 - $83,688
Area Median Income Requirements
Very-Low Income Very-Low Income Low-Income
I Person Household $33,600 $51,950
2 Person Household $38,400 $59,400
3 Person Household $43,200 $66,800
1. Information received from Cupertino Union School District
2. Information received from Fremont Union School District
3. Information received from De Anza College
4. Information received from Santa Clara County Library
5. Information received from City of Cupertino Website salary schedule
6. Information received from Fire Depertrnent Santa Clara County
7. Information received from Shedff Department Santa Clara County
Area Median Income Requirements-Information compiled from the Department of Housing and Community Development, dated 2/02.
Page 1 of 1
CUPE INO
CUPERTINO CITY COUNCIL
Monday, March 18, 2002
4:00 p.m.
CALL TO ORDER
At 4:05 p.m., Mayor Lowenthal called the meeting to order in the City Council Chambers.
ROLL CALL
City Council members present: Mayor Richard Lowenthal, Vice-Mayor Michael Chang, and
Council members Sandra James, Patrick Kwok, and Dolly Sandoval. Council members absent:
None.
Staff present: City Manager David Knapp, Administrative Services Director Carol Atwood, ,
Parks and Recreation Director Therese Smith, Public Works Director Ralph Quails, City
Attorney Charles Kilian, and City Clerk Kimberly Smith.
STUDY SESSION - 4:00 p.m. - Council Chambers
1. Discussion of feasibility and Wail alignment of the Stevens Creek Trail.
Parks and Recreation Director Therese Smith handed out copies of a PowerPoint
presentation and a document listing the community meeting schedule and the roster of the
members of the Stevens Creek Trail task force.
Consultant Jana Sokale reviewed the PowerPoint slides and answered questions from
City Council. The slides included photographs of other trails, the public notification that
had been given, the trail planning process, the community meeting schedule, the key
goals of the study, and identified the study areas. Area A is from Rancho San Antonio to
Stevens Creek Boulevard, which is through county parklands. The remaining three areas
along Stevens Creek are: Area B, Stevens Creek County Park to Linda Vista Park; Area
C, Linda Vista Park through McClellan Ranch to Blackberry Farm; and Area D,
McClellan Ranch through Blackberry Farm to Stevens Creek Boulevard. There would be
a total of approximately 6.0 miles of trails, 0.75 miles of bicycle lanes, one new
crosswalk at Stevens Creek Boulevard, and one new crosswalk or a new bridge with trail
underpass at McClellan Road. The work products expected from this include a biological
report, geo-technical report, operations and maintenance report, trail funding report, and
- trail feasibility report.
March 18, 2002 Cupertino City Council Page 2
Robert Levy asked whether a hard surface on the trail was desirable, and whether it was
appropriate for a nature study area.
David Scionti was opposed to the suggestion of doubling up the driveway, since the
fumes from idling cars and buses were already very bad. He said the entrance should
come from Stevens Creek Boulevard.
Dehorn Jamison, 21345 Rumford, handed out copies of Ordinance 1710, guidelines, and
the master plan from 1993 and said those document the need to preserve the rural nature
of McClellan Ranch. She was opposed to an asphalt trail, and felt the task force ignored
the special requirements and restrictions of this site.
David Green.stein, Byme Avenue, said he chaired the task force but was speaking tonight
as a resident. He said this trail would be a benefit for children and families, and a hard
surface is appropriate at some locations along the trail. It can also be an excellent
alternative route to school other than by car.
Alex Tsai said the trail alignment should not be determined until the Blackberry Farm
master plan is in place. He felt the trail should not disturb the grassy area where families
sit to watch children in the pool. He asked that the entrance be redesigned because it is
unsafe where pedestrians and vehicles share the road down the hill.
Susan Sievert provided a petition signed by Patricia Sievert opposing paved multi-use
trails through the picnic grounds, golf course, nature preserve, and the Linda Vista
neighborhood.
Jana Sokale and Therese Smith provided the following information in response to
questions by Council:
· The route past the pool area was chosen to keep the trail separate from the fee area.
Council may wish to change the fee structure and charge only for the pool and site
reservations.
· McClellan Ranch was set up as a nature preserve and it will be Council's decision
whether to allow a paved trail. The task force recommends a hard surface behind the
garden and walnut orchard. A paved Wail is less subject to rotting, and is wide
enough for bicycles and skates. They recommend two feet of gravel on each side,
which keeps weeds out and can be used by joggers.
· Options regarding a new entrance will be discussed in thc master plan process. A
crosswalk and/or signal at Phar Lap Drive has yet to go through traffic analysis.
RECESS - Council recessed from 5:48 p.m. to 6:48 p.m.
March 18, 2002 Cupertino City Council Page 3
PLEDGE OF ALLEGIANCE
At 6:48 p.m. Mayor Lowenthal called the meeting to order in the Council Chambers, 10300
Torre Avenue, Cupertino, California, and l~"the Pledi~e of Allegiance.
ROLL CALL
City Council members present: Mayor Richard Lowenthal, Vice-Mayor Michael Chang, and
Council members Sandra James, Patrick Kwok, and Dolly Sandoval. Council members absent:
None.
Staff present: City Manager David Knapp, Administrative Services Director Carol Atwood,
Community Development Director Steve Piasecki, Associate Planner Peter C-illi, Parks and
Recreation Director Therese Smith, Public Works Director Ralph Quails, City Attorney Charles
Kilian, and City Clerk Kimberly Smith.
CEREMONIAL MATTERS - PRESENTATIONS - None
POSTPONEMENTS
Item number 18 was continued to April 1S at the request of the applicant.
WRITTEN COMMUNICATIONS - None
ORAL COMMUNICATIONS
Robert Levy was opposed to the proposed Stevens Creek Trail route where it passed along the
fence at Blackberry Farm. He also referred to comments by a Council member who unthinkingly
said that there should be more Asian.~ on staff, but that could be a violation of Proposition 209.
Skin color and background are differences that should not matter in employment.
CONSENT CALENDAR
Sandoval/lames moved to approve the items on the Consent Calendar as recommended, with the
exception of items 2, 11, and 14, which were pulled for discussion.
Vote: Ayes: Chang, James, Kwok, Lowenthal, Sandoval. Noes: None.
3. Accounts Payable: March 1 and 8, Resolution Nos. 02-041 and 02-042.
4. Payroll: March 1 and March 15, Resolution Nos. 02-043 and 02-044.
5. Treasurer's Budget Report- January 2002.
6. Mid-year Budget Adjustment Report.
7. Approve application for Alcoholic Beverage License: Glass Gecko, 10031 Judy Avenue.
March 18, 2002 Cupertino City Council Page 4
8. Annexation: Setting date for consideration of reorgsniT~tion of area designated "Orange
Avenue 02-01", property located on the west side of Orange Avenue between Crranada
Avenue and Hermosa Avenue; approximately 0.219 acre, Lukzadeh, Savanmard, and
Asgari (APN 357-16-029), Resolution No. 02-045.
9. Approve request to waive fees:
· Cupertino Symphonic Band for use of the Quinlan Center on Sunday, April 14, 2002
for a free public concert; amount requesting to be waived is $317.50
· California Grand Jurors' for use of the Quinlan Center for several meetings March
through August 2002; amount requesting to be waived, is $150.00
10. Accept improvements: PO&E Berm, The O'Brien Group (Oak Valley). (No
documentation).
12. Grant of easement, roadway, Bagher Navid, 10950 Stevens Canyon Road, APN 356-01-
011, Resolution No. 02-047.
13. Grant of easement, drainage, Hanson Permanente Inc., property located on the west side
of Stevens Canyon Road, approximately 500 feet south of Ricardo Road, APN 351-10-
023, Resolution No. 02-048.
ITEMS REMOVED FROM THE CONSENT CALENDAR (above)
2. Approve minutes: March 4, 2002.
The minutes were corrected to show that Sandoval was not present during the
commission interviews, to show that Frances Seward was appointed by a 4-0 vote, and to
correct the spelling of Sally Lieber's name.
James/Kwok moved to approve the minutes as corrected. Vote: Ayes: Chang, James,
Kwok, Lowenthal, Sandoval. NOes: None.
11. Authorize the City Manager to execute a Temporary Access Agreement for construction
betWeen Tom McNair, 22261 McClellan Road, and the City of Cupertino, Resolution No.
02-046.
Public Works Director Ralph Quails said that there had been no concerns raised by the
renters, only questions, for which staff was able to provide answers.
Kwok/James moved to adopt Resolution No. 02-046. Vote: Ayes: Chang, James, Kwok,
Lowenthal, Sandoval. Noes:.None.
14. Approve designation of permit parking on Phar Lap Drive between Clearcreek Court and
Oakdell Place, Resolution No. 02-049.
March 18, 2002 Cupertino City Council Page $
Public Works Director Ralph Quails said he pulled this item because City Council
preferred to discuss any permit parking requests under new business.
James/Kwok moved to adopt Resolution No. 02-049. Vote: Ayes: Chang, James, Kwok,
Lowenthai, Sandovai. Noes: None
PUBLIC HEARINGS
15. Use of the 2001/02 Local Law Enforcement Block Grant Funds.
Administrative Services Director Carol Atwood stated that the City has received $22,636
in Block Grant Funds for 2001-02 fi~m the Bureau of Justice Administration. The grant
requires a local match of 10%, or $2,515. This year's allocation will be used to provide
community outreach to youth and "at-risk" counseling, including $7,500 to Social
Advocates for Youth. The Public Dialog Consortium will continue to meet with students
and the Sheriff's Deparlment for Phase II of the "Kids with Cops" program.
The Mayor asked for public comments. There were none, and Council concurred to
receive the report.
Mayor Lowenthai directed that items 16 and 17 be considered at the same time.
16. Application No. 05-GPA-01, 15-EA-01: City-initiated General Plan Amendment to
determine possible amendments to, or deletion of, Policy 2-80 as it relates to q~_)_a_si-public
uses. A Negative Declaration is recommended, and this item is recommended for
approval, Resolution No. 02-050.
17. Z-2001-04, U-2001-03, DA-2001-01, EA-2001-04; Appeal of the Director of Community
Development's decision to stop processing the Canyon Heights Academy application and
environmental impact report due to inconsistencies with the hillside and neighborhood
protection policies in the Cupertino General Plan; Southeast side of Stevens Canyon
Road, approximately 100 feet south of Ricardo Road (formerly McDonald-Dorsa quarry);
Appealed by a representative of the Canyon Heights Academy.
Community Development Director Steve Piasecki reviewed both items. Associate
Planner Peter (3illi reviewed the Planning Commission recommendations for General
Plan Policy 2-80, including the current site plan. He reviewed a PowerPoint presentation,
which compared the allowable General Plan residential development to the Canyon
Heights Academy proposal for a school. Conflicts with the General Plan include traffic
impacts, noise impacts, visual impacts, and hillside protection. He also reviewed a flow
chart showing processing options and decision points.
Andy Faber, land use attorney, asked that City Council not change the rules in the middle
of the game. He said that the applicant's money was spent in good faith, and they want to
continue with the application process. He said he thought it was premature to say that the
school had to figure out how to solve every potential problem at this stage and that
everything would be analyzed in the Environmental Impact Report (EIR). He said that it
was ult_i~ately up to Council to decide to accept the application or not and that there was
March 1 $, 2002 Cupertino City Council Page 6
nothing in the City code that says staff has the fight to stop processing an application. He
said they are only asking for fairness, not to have the rules changed mid-stream, and to let
them proceed and have Council eventually decide to approve or deny the project.
Paul Parker, principal of Canyon Heights Academy, echoed the sentiments of Andy Faber
and talked about fairness and fair play. He thought it only fair that the application be
allowed to move through the process and that the rules and procedures be consistent
throughout. He asked that Council allow the application to be moved to the next step of
the process, which would be the completion of the EIR and the scheduling of public
hearings. He said he realized that moving forward does not guarantee that the school will
be approved, but wanted the Council to be able to make that decision at a later date.
The following individuals asked that Council uphold the appeal:
· Dr. Carl Litak, 22535 Salem Avenue, Cupertino
· Charles Corbalis, 19357 Zinfandel Ct., Saratoga
· Virginia Fanelli, 5958 Dry Oak Dr., San Jose
· Trisha Carbajal, 10681 Johnson Ave., Cupertino
· Mary Ellen Tanberg, 5868 Chebro Ave., San Jose
· Father Patrick Langan, 3 l0 Eazy Street, Mountain View
· Jan Pendergast, 11700 Upland Way, Cupertino
· Takung Wang, 6392 Vicanna Dr., San Jose
· Dieter Statezni, 18701 Hanna Dr., Cupertino
· Mark Casper, 927 Blandford Ave., Redwood City
The following individuals requested that Council deny the appeal:
· Jay Anderson, 22384 Riverside Dr., Cupertino
· John Kolski, 12100 Stevens Canyon Rd., Cupertino (oral and handout)
· Sharon Blaine, 22284 De Anza Circle, Cupertino
· Steve Faust, 11033 Canyon Vista Dr., Cupertino
· Ken Brown, 22475 Mc Clellan Rd., Cupertino
· Robert J. Levy, 10802 Wilkinson Ave., Cupertino
· Frank Harrison, 22325 Rancho Deep CliffDr., Cupertino
· Donna Poggi, 22384 Riverside Dr., Cupertino
· Jim and Marti Klug (email and handout)
The following individuals asked that Council deny the appeal and delete Policy 2-80: · Chris Wendt, 22600 Ricardo Rd., Cupertino
· Roger Costa, 10932 Canyon Vista Dr., Cupertino
· Shirley Poitras, 22415 Rancho Deep Cliff, Cupertino
· Craig K. Breon, Executive Director of the Santa Clara Audobon Society
· Jay Glicksman, 11052 Canyon Vista Dr., Cupertino
· Paul Roberts, 22363 St. Andrews Ave., Cupertino
· Jack Goodman, 10374 San Fernando Ave., Cupertino
· Bruce Nilo, 22389 Balustrol Ct., Cupertino
March lg, 2002 Cupertino City Council Page 7
· Alan Miller, 11042 Canyon Vista Dr., Cupertino
· Ignatius Y. Ding, 10397 Avenida Lane, Cupertino
· Domenic and Sheila Falcone. (email and handout)
Anne Dor, 22525 Balboa Rd., Cupertino, said she was a successful developer of hillside
property in Cupertino, and that the developer did not seem to be. listening to the advice
given by the Planning staff, who was trying to help them create a successful project.
Council discussion followed. Michael Chang preferred the changes proposed by staff for
Policy 2-80 rather than deletion of the policy as pwposed by the Planning Commission.
Dolly Sandoval felt that any change or deletion of policy 2-80 should be considered when
Oeneral Plan update was discussed. Sandra ~lames and Patrick Kwok said they would
support either deletion or modification of the policy. Richard Lowenthal was in favor of
deletion.
The. Council members were concerned about the land use proposed for this site and the
impacts it would have. They specifically listed concerns with the impacts from density,
school population, traffic, and the need to pwtect the riparian habitat and preserve open
space.
Chang/James moved to deny the appeal and uphold the Community Development
Director's decision. Vote: Ayes: Chang, Sames, Kwok, Lowenthal, Sandoval. Noes:
.... None.
Chang/Kwok moved that this project would not be granted pipeline status.
Vote: Ayes: Chang, James, Kwok, Lowenthal, Sandoval. Noes: None.
Chang moved to table the decision on Policy 2-80 and let it be decided during the General
Plan update. The motion failed for lack of a second.
Chang/Sandoval moved to retain Policy 2-$0 and direct staff to study the matter and.
address it during the General Plan update. Motion failed by the following vote: Ayes:
Chang, Sandoval. Noes: James, Kwok, Lowenthal.
James/Kwok moved to delete Policy 2-80. Vote: Ayes: James, Kwok, Lowenthal. Noes:
Chang, Sandoval. Sandoval asked that the record show she voted no because taking part
of the policy out of the General Plan discussion in total is not the way to do business.
James/Kwok moved to grant a Negative Declaration. Vote: Ayes: Chang, James, Kwok,
Lowenthal, Sandoval. Noes: None.
PLANNING APPLICATIONS - None
UNFINISHED BUSINESS - None
March 18, 2002 Cupertino City Council Page 8
NEW BUSINESS
18. Petition for reconsideration of the City Council denial of Application 09-U-01, regarding
a use permit for the continued use of a shopping center parking lot for car storage at
10071 S. Blaney Avenue (APN 369-03-014). The appeal was filed by the applicant, Gary
Schmidt (continued to April 15 at the request of the applicant).
This item was continued to April 15 at the request of the applicant.
19. First reading of Ordinance No. 1893: "An Ordinance of the City Council of the City of
Cupertino amending Chapter 3.25, Sale of Surplus Supplies and Equipment."
The City Clerk read the title of the ordinance. James/Sandoval moved to read the
ordinance by title only, and that the City Clerk's reading would constitute the first reading
thereof. Vote: Ayes: Chang, James, Kwok, Lowenthal, Sandoval. Noes: None.
20. Consider joint use of the Cupertino High School pool pending city financial participation
in the renovation project for a one-time cost of $400,000 plus ongoing utility expenses.
Parks and Recreation Director Therese Smith handed out a staff report for this item and
explained there does not appear to be a design option within the district's budget that
would meet summer program needs. District staff would allow the city to purchase
additional shallow water areas, but staff recommends against this because of the cost.
There would be a capital invesm~ent cost of $266,000 plus an annual operating cost of
$20,000 to $27,000.
The City Council received the report and agreed that it was unfortunate that the proposal
did not work out.
21. Award contract for Blackberry Farm Golf Course Maintenance, Project No. 2001-2008.
James/Kwok moved to award the yearly maintenance contract for Blackberry Farm Golf
Course Maintenance, Project 2001-08, to the low bidder, Spot Water Management, in the
amount of $175,599.96. Vote: Ayes: Chang, James, Kwok, Lowenthal, Sandoval. Noes:
None.
ORDINANCES
22. Second reading of Ordinance No. 1892: "An Ordinance of the City Council of the City of
Cupertino Amending chapter 2.86 Housing Committee of the Cupertino Municipal Code
Concerning Renaming the Housing Committee."
The City Clerk read the title of the ordinance. ~lames/Sandoval moved to read the
ordinance by title only, and that the City Clerk's reading would constitute the second
reading thereof. Vote: Ayes: Chang, James, Kwok, Lowenthal, Sandoval. Noes: None.
March 1 g, 2002 Cupertino City Council Page 9
James/Sandoval moved to enact Ordinance No. 1892. Vote: Ayes: Chang, James, Kwok,
'--' Lowenthal, Sandoval. Noes: None.
STAFF REPORTS
23. Revenue and expenditure status report.
Administrative Services Director Carol Atwood said that revenues were down in sales tax
by 12%, down in transient occupancy tax by 38%, and down in property tax by 58%.
Expenditures are down 9% ~om last year.
Council received the report.
COUNCIL REPORTS - None
CLOSED SESSION - None
At 11:08 p.m. the meeting was adjourned to a joint study session with the Library Steering
Committee at the Cupertino Senior Center, 21251 Stevens Creek Boulevard, on March 19 from
5:00 p.m. to 6:30 p.m.
Kimberly Smith, City Clerk
For more information: Staff reports, backup materials, and items distributed at the meeting are
available for review at the City Clerk's Office, 777-3223.
Televised Council meetings may be viewed live on Cable Channel 26, and may also be viewed
live or on demand at www. cupertino.org. Videotapes of the televised meetings are available at
the Cupertino Library, or may be purchased from the Cupertino City Channel, 777-2364.
Both the study session and regular business meeting of March 18 were televised.
CUPEI TINO uRA r
CUPERTINO CITY COUNCIL
Tuesday, March 19, 2002
CALL TO ORDER
At 5:15 p.m. Mayor Lowenthal called the meeting to order in the Community Hall of the
Cupertino Senior Center, 21251 Stevens Creek Boulevard.
ROLL CALL
City Council members present: Mayor Richard Lowenthal, Vice-Mayor Michael Chang, and
Council members Sandra James, Patrick Kwolc, and Dolly Sandoval. Council members absent:
None.
Staffpresent: City Manager David Knapp, Administrative Services DireCtor Carol Atwood,
Assistant City Attorney Eileen Murray, Community Development Director Steve Piasecki,
Public Information Officer Rick Kitson, Public Works Director Ralph Quails, Senior Architect
Terry Greene, and City Clerk Kimberly Smith.
ORAL COMMUNICATIONS - None
NEW BUSINESS
1. Consider sale of surplus property, Oak Valley lots, Resolution No. 02-051.
Lot 2, Tract 9075 (APN 342-59-002) on Canyon Oak Way
Lot 11, Tract 9054(APN 342-58-011) on Hammond Way
Lot 13, Tract 9075 (APN 342-59-013) on Serra Street
Kwok/Chang moved and seconded to reject the only bid received, and to direct staff to
review the minimum bid prices and the approach for determining minimum acceptable
bids for all three lots to re-advertise for a second auction at a time to be determined,
based on recommendations from staff during budget hearings in June 2002.
STUDY SESSION - Cupertino Civic Center and Library Projects
2. Presentation on the conceptual design of the Civic Center and New Library. Approval of
Final Conceptual Design of the Cupertino Civic Center and the new Cupertino Public
Library.
Public Works Director Ralph Quails reviewed the highliEhts of the conceptual design for
.-- the Civic Center Plaza. It included a new library, a new community hall, and a
reconfigured parking lot, sidewalk and plaza, all tied into to the existing city hall building
by a colonnade.
Cathy Simon, Senior Partner with SMWM Architects, reviewed a slide show and a model
of the plaza and buildings. She discussed the types of events that could be held in the
community hall, its patios, and in the plaza area. The library building will also include a
small cafe that opens onto the plaza. She reviewed the plan of the library and its interior
courtyard.
Mary Margaret Jones, Landscape Architect with Hargrove Associates, reviewed the plans
for the plaza area and the small gardens on either side of the new community hall. The
plaza design would be mostly level, with some seating terraces forming a small
amphitheater. They propose an interactive water feature with jets that can be turned off
to make the space available for other uses. The additional trees will be planted in an
orchard theme recalling Cupertino's history, and there will be improved circulation and
parking with additional trees.
Ralph Quails said the next update to Council would include a progress report on the
schematics, including textures and finishes. They anticipate starting construction in
spring of 2003, and occupancy is scheduled for October 2004. He said the budget does
not include the orchard in the plaza or the new paving on Tone Avenue, but it does
include furniture for the buildings and outdoor spaces.
The Council members expressed their approval of the conceptual plans, and offered the
following suggestions:
Sandra James suggested a fountain in the library courtyard, vines on the colonnade, and
art for the plaza or library. She also asked that the buildings be made as "green" as
possible for energy conservation.
Richard Lowenthal said a drive-through book drop was vital, and thought the Teen
Commission should be asked whether they preferred one large group study area or many
smaller ones. He suggested that urban planning expert be consulted about ways to draw
people into this space. Also, the Parks and Recreation Department should participate in
progrsmming this space to make it an active area. He felt the area should have some low-
level light oriented toward the business area but without negative impacts on the
neighbors.
Leslie Bumell, Hollyoak Drive, asked if there would be an immediate need for
expansion. He said the librarians should be consulted about their future needs. He also
said that City Hall was already overcrowded and asked if the community hall can be used
for Council meetings in addition to the Library.
Julie Famsworth, Deputy County Librarian, said the city owns the library building, but
the staff, computers, books, etc. are the responsibility of the county. She said librarians
had one significant concem about the shape of the courtyard. All of the librarians wanted
3-11
a larger library, but the expense was too great, and they are satisfied that they will be
happy with the design for the 54,000 sq. ft. building. Although there will be no room for
expansion, the new library will have about one square foot per capital, which is the
stan~Rrd to which most colmnunities are building.
Patrick Kwok suggested that staffalso get some input from seniors on this project.
Michael Chang agreed with the suggestion for more focus groups including the Teen
Commission and seniors. He asked for meeting rooms for up to 40 people, and said the
wooden colonnades must be designed so they age well. He asked for estimates on the
cost of staffing, maintenance, and cafe operation, both inside and outside the buildings.
He also suggested that the library enter into an agreement with DeAnza College for
loaning materials.
Kathy Stakey, a member of the Library Commission and local resident, said at the last
public meeting it was said the library was 55,000 sq. fl., and now it is shown as 54,000
sq. ft. She asked if there were plans for future expansion. Ralph Quails said that the cafe
is not counted in the square footage, and this is being planned as a complete concept.
Any additions would have to be done on one side of the building.
Yuhfen Wu, a member of the Library Commission, said tonight she was speaking as a
member of the public. She said they would need to enforce rules and policies about food
and drinks in the library. She said the library would need as much space as possible,
because people still prefer reading from books instead of from computers or laptop
computers.
James/Chang moved and seconded to approve the final conceptual plans. Vote: Ayes:
Chang, James, Kwok, Lowenthal, Sandoval. Noes: None.
ADJOURNMENT
Adjourn to a study session on the Sports Center project, Monday April 1 from 4:30 to 6:00 p.m.
in the Council Chambers.
Kimberly Smith, City Clerk
For more information: Smtfreports, backup materials, and items distributed at the meeting are
available for review at the City Clerk's Office, 777-3223.
Televised Council meetings and this particular study session may be on Cable Channel 26, and
may also be viewed on demand at www. cupertino.org. Videotapes of the televised meetings are
available at the Cupertino Library, or may be purchased from the Cupertino City Channel, 777-
2364.
CUPEPxTINO
CUPERTINO CITY COUNCIL
Monday April 1, 2002
CALL TO ORDER
At 4:35 p.m. Mayor Lowenthal called the meeting to order in the COuncil Chambers, 10300
Torre Avenue, Cupertino, California.
ROLL CALL
City Council members present: Mayor Richard Lowenthal, Vice-Mayor Michael Chang, and
Council members Sandm ~Iames, Patrick Kwok, and Dolly Sandoval. Council members absent:
None.
Staff present: City Manager David Knapp, City Attorney Charles Kilian, Community
Development Director Steve Piasecki, Parks and Recreation Director Therese Smith, and City
--. Clerk Kimberly Smith.
STUDY SESSION
1. Discussion of the Sports Center project.
Parks and Recreation Director Therese Smith and consulting architect Mark Schatz reviewed a
PowerPoint presentation that highlighted the history and chronology of the skate park, including
locations that had been considered for a permanent park.
The following individuals were opposed to the placement of the skate park at the Sports Center.
Their comments included concerns about noise, vandalism, the need to keep tennis courts, fitness
equipment and showers for tennis members, and that there better locations for a skate park.
Steve Oallera, 10083 Senate Way
Darwin Throne, 22958 Cricket Hill Road,
Jon Kessler,
Elena Herrera, 10093 Senate Way,
Edward Hirshfield, 734 Stendhal Lane,
Sherry Oeddes, 10072 Senate Way,
The following individuals, supported a skate park at the Sports Center. They commented that
adults would also benefit from it, that it was a good location (for both a skate park and a teen
room) because of public transportation, and that it would be a great benefit for the teen
April 1, 2002 Cupertino City Council Page 2
community. They cited the Cornerstone survey, which indicates that 70% of Cupertino teens do
not feel valued by their community.
Kevin Busch, Teen Commissioner,
Kenny Lin, Teen Commissioner,
Yurianna Na, Cupertino High School student,
Zack Kolev, Teen Commissioner
The Council members directed staff to return with refinements to Alternative 1, renovation of the
existing building with a cost closer to $2 million, which would also address the Americans with
Disabilities Act (ADA) liabilities.
RECESS
The meeting was recessed from 6:37 p.m. to 6:55 p.m.
PLEDGE OF ALLEGIANCE
At 6:55 p.m. Mayor Lowenthal called the meeting to order and led the Pledge of Allegiance.
ROLL CALL
City Council members present: Mayor Richard Lowenthal, Vice-Mayor Michael Chang, and
Council members Sandra James, Patrick Kwok, and Dolly Sandoval. Council members absent:
None.
Staff present: City Manager David Knapp, Finance Manager Carol Ferrell, Community
Development Director Steve Piasecki, Parks and Recreation Director Therese Smith, Public
Works Director Ralph Qualls, Senior Planner Vera Gil, City Attorney Charles Kilian, and City
Clerk Kimberly Smith.
CEREMONIAL MATTERS - PRESENTATIONS
2. Proclamation for Ann Woo in recognition of her selection as a 2002 Santa Clara County
Woman of Achievement in the category of the arts.
Mayor Lowenthal read the proclamation and presented a dozen red roses from former
Mayor Barbara Rogers. The Council members offered their congratulations.
POSTPONEMENTS - None
WRITTEN COMMUNICATIONS - None
3-1d
April 1, 2002 Cupertino City Council Page 3
ORAL COMMUNICATIONS
E. Pauline Werthen, 10972 Wilkinson Ave., asked for residents and city officials to give their
support to Falun Gong practitioners, who are being persecuted for this practice.
Kenny Lin, Teen Commissioner, announced the upcoming Teen Job Faire to be held April 27 at
Monta Vista High School. He asked for the City Council's assistance to reach out to potential
employers regarding jobs, volunteer opportunities, internships, and job shadows.
Gary R. Schmidt, 20020 Stevens Creek Boulevard, distributed some documents that pertained to
his request for an extension of a temporary use permit for vehicle storage. He said this request
would be discussed at the next Council meeting, and he asked Council to view the video tape and
visit the site.
Chun Lee, 2375 Fallingtree Dr., San Jose, said there have been over 5000 arrests of Faiun Gong
practitioners and some have been tortured. She asked that the Council adopt a resolution
condemning the persecution of Faiun Gong practitioners.
CONSENT CALENI)AR
_ Sandoval/Kwok moved to approve items 1-10 on the Consent Calendar as recommended, with
the exception of items 7 and 10, which were pulled for discussion. Vote: Ayes: Chang, James,
Kwok, Lowenthal, Sandoval. Noes: None.
3. Accounts Payable: March 15 and March 22, Resolution Nos. 02-051 and 02-052.
4. Payroll: March 29, Resolution No. 02-053.
5. Approve the desffuction of records from the Code Enforcement and Community
Development files, which are in excess of two years old, Resolution No.02-054.
6. Approve a fee waiver request of $20.00 fi, om The League of Women Voters Cupertino-
Sunnyvale for the use of the Creekside Park building on Saturday, June 8, 2002 for their
annual meeting.
8. Acceptance of improvements: (driveway, street tree, water meter, retaining wall) Oak
Valley, Tract 9076, Unit 3, Neighborhood 4 and Tract 9075, Unit 2, Neighborhood 3;
(on-site & off-site improvements) Julie Heilin Weng and Jen-Ho Wong, 19075 Tilson
Avenue, APN 375-08-055. (No documentation).
9. Approve recommendation from the Telecommunications Commission for awarding a
public access grant.
April 1, 2002 Cupertino City Council Page 4
ITEMS REMOVED FROM THE CONSENT CALENDAR (above)
7. Authorize transferring $42,000 from the skate park operations account to the Public
Works fixed asset account to purchase two standard, ~A ton pickup trucks with trailer-
towing capabilities for the mobile skate park.
Parks and Recreation Director Therese Smith explained that two trucks are needed to
carry all the pieces of the mobile skate park, and that the City would pay the insurance if
the setup were placed on school property.
10. Comments on the Juniper Networks Corporate Campus Draft Environmental Impact
Report (DEIR). The City of Sunnyvale is considering a proposed project by Juniper
Networks located on Lockheed Martin Way, adjacent to the Moffet Field Naval Air
Station. The project proposes to replace industrial and office buildings totaling 985,000
square feet with a phased corporate campus including 2,345,000 square feet of R&D
office, 135,000 square feet of employee-serving retail, a 60,000 square foot "Special Use"
building and a 200-350 room hotel.
Lowenthal said this proposed project would impact Cupertino and surrounding cities, and
would specifically impact the intersection at DeAnza and Homestead Boulevards.
PUBLIC HEARINGS
11. Public hearing to review and approve use of the Twenty-Eighth program year (2002-
2003) Community Development Block Grant (CDBG) funds:
(a) Authorize submittal of funding proposal, Resolution No. 02-055
Vera Gil reviewed the staff report.
Georgia Bacil, 460 E. Virginia St. #260, San Jose, explained the free services provided by
Senior Adults Legal Assistance (SALA), including appointments at the Senior Center, as
well as phone and home visits.
Jaclyn Fabre, 10185 N. Stelling Rd., described the Rotating Shelter program of Cupertino
Community Services and said over 70% of their population served leaves with program
with a job, savings, and/or housing.
James/Sandoval moved and seconded to select Alternative 2 from the staff report
(detailed below). Vote: Ayes: Chang, James, Kwok, Lowenthal, Sandoval. Noes: None.
April 1, 2002 Cupertino City Council Page
Community Development Block GrantProgram
Program Administration: $15,000
Cupertino Community Services (CCS)- Rotating Shelter: $25,000
Senior Adults Legal Assistance (SALA) $11,667
Affordable Housing Fund
Cupertino Community Services (CCS)-Affordable Placement Program $50,000
Total $225,046
12. Public hearing to adopt the 2002/03 Fee Schedule, Resolution No. 02-056. Adjustments
are proposed for various fees that reflect cost of processing and/or market rates.
Mayor Lowenthal opened the public heating. There were no speakers, and the hearing
was closed.
James/Kwok moved to adopt Resolution No. 02-056. Vote: Ayes: Chang, James, Kwok,
Lowenthal, Sandoval. Noes: None.
PLANNING APPLICATIONS
13. Application(s) U-2002-01, EA-2002-02; Chicago Pizza & Brewery, Inc. located at 10690
N. De Anza Boulevard. Use permit application to demolish an existing 9,079 square foot
restaurant (Peppermill) and construct an approximately 8,350 square foot restaurant and
bar with 406 indoor and outdoor seats. A Negative Declaration is recommended, and this
item is recommended for approval.
Sandoval/Chang moved and seconded to approve the application. Vote: Ayes: Chang,
James, Kwok, Lowenthal, Sandoval. Noes: None.
Sandoval/Chang moved and seconded to grant a Negative Declaration. Vote: Ayes:
Chang, James, Kwok, Lowenthal, Sandoval. Noes: None.
UNFINISHED BUSINESS - None
NEW BUSINESS.
14. Teen Commission selection process, Resolution No. 02-057.
Parks and Recreation Director Therese Smith and Teen Commission Chairman reviewed
the Teen Commission recommendations in the packet and answered questions.
Chang/Sandoval moved that the Teen Commission shall be composed of 13 members.
Vote: Ayes: Chang, James, Kwolc, Lowenthal, Sandoval. Noes: None.
$-17
April 1, 2002 Cupertino City Council Page 6
Sandoval/Kwok moved and seconded that the Teen Commissioners shall serve staggered,
two-year terms. Vote: Ayes: Chang, James, Kwok, Lowenthal, Sandoval. Noes: None.
Chang/Kwok moved that Council shall appoint two alternates to the Teen Commission.
The motion failed by the following vote: Ayes: Chang, Kwok. Noes: James, Lowenthal,
and Sandoval.
Chang/James moved and seconded to direct staff to return with a revised resolution that
would include the following items. Vote: Ayes: Chang, James, Kwok, Lowenthal,
Sandoval. Noes: None.
· No alternates will be appointed, and vacancies will be left open
There is no minimum grade point average (GPA) requirement
· The chairperson and vice chairperson shall be selected at the be~inning of the year
by the entire commission, with no restrictions as to grade level
· At least one student should be fxom each public middle and high school in
Cupertino.
RECESS
The Council was in recess from 9:18 p.m. to 9:28 p.m.
Mayor Lowenthal reordered the agenda to discuss item 18 next.
NEW BUSINESS - continued
18. Proposed Bicycle Pedestrian Advisory Commission.
David G-reenstein, Chairperson of the Bicycle Pedestrian Advisory Committee, requested
that the committee be formalized as a commission.
Robert Levy, 10802 Wilkinson Ave., suggested that they split the group into two
commissions, or add members to represent pedestrians.
Gary R. Schmidt, 20020 Stevens Creek Boulevard, supported changing the group's status
and concurred with the suggestion by Robert Levy. He suggested they develop standards
for "pedestrian-friendly."
Council concurred to rename the group the Bicycle Pedestrian Commission, and asked
the chairperson to have the commission prepare a dra~ ordinance, and to identify some
seats which would be for pedestrian advocates.
April 1, 2002 Cupertino City Council Page 7
15. Review of California Law Bnforccment F_~luipmcnt Program (CLEEP) High Technology
Grant Allocation, Resolution No. 02-058.
Kwok/Chang moved and seconded to adopt Resolution 02-058. Vote: Ayes: Chang,
James, Kwok, Lowenthal, Sandoval. Noes: None.
16. Review of Citizens' Option for Public Safety (COPS) Funding Allocation, Resolution
No. 02-059.
Sandoval/James moved and seCOnded to adopt Resolution 02-059. Vote: Ayes: Chang,
James, Kwok, Lowenthal, Sandoval. Noes: None.
17. Hearing to approve the recovery of costs of abatement of public nuisance at 10200 Stem
Avenue (APN 375 12 002, Patrick W. McC~rath property owner), Resolution No. 02-060.
Chang/Kwok moved and seconded to adopt Resolution No. 02-060. Vote: Ayes: Chang,
James,. Kwok, Lowenthal, Sandoval. Noes: None.
19. Select study session date for Villa Semi project.
Council concurred to hold a study session on Monday, May 13, at 4:30 p.m. in
Conference Room A.
ORDINANCES
20. Second reading of Ordinance No. 1893: "An Ordinance of the City Council of the City of
Cupertino amending Chapter 3.25, Sale of Surplus Supplies and Equipment."
The City Clerk read the title of the ordinance. James/Kwok moved and seconded to read
the ordinance by title only, and that the City Clerk's reading would constitute the second
reading thereof. Vote: Ayes: Chang, James, Kwok, Lowenthal, Sandoval. Noes: None.
James/Kwok moved and seconded to enact Ordinance No. 1893 Vote: Ayes: Chang,
James, Kwok, Lowenthal, Sandoval. Noes: None.
STAFF REPORTS
21. Revenue and expenditure status report.
Finance Manager Carol Ferrell said that revenues are down f~m last year, and staffhopes
that budgetary savings will offset the difference.
April 1, 2002 Cupertino City Council Page
COUNCIL REPORTS - None
CLOSED SESSION - None
At 10:30 p.m. Council adjourned to a study session regarding the City's Housing Program, to be
held on Monday, April 15, at 5:30 in Conference Room A.
Kimberly Smith, City Clerk
For more information: Staff reports, backup materials, and items distributed at the meeting are
available for review at the City Clerk's Office, 777-3223.
Televised Council meetings may be viewed live on Cable Channel 26, and may also be viewed
live or on demand at www.cuperfino.org. Videotapes of the televised meetings are available at
the Cupertino Library, or may be purchased from the Cupertino City Channel, 777-2364.
$ -o20
RESOLUTION NO. 02-061
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 29, 20O2
WHEREAS, the Director of Administrative Services or her designated
representative has certified to accuracy of the following claims and demands and to the
availability of funds for payment hereof; and
WHEREAS, the said claims and demands have been audited as required by law.
NOW, THEREFORE, BE IT RESOLVED, that the City Council hereby allows
the following claims and demands in the amounts and from the funds as hereinafter set
forth in Exhibit "A".
CERTIFIED:
Director of Administrative Services
PASSED AND ADOPTED at a regular meeting of the City Council of the City of
Cupertino this 15th day of April ,2002, by the following vote:
Vote Members of the City Council
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST: APPROVED:
City Clerk Mayor, City of Cupertino
03/28/02 CITY OF CUPERTINO PAGE
ACCO~INO PERIOD: 9/02 CHECK REGIS?gE - DISBURSEMENT FUND
SELECTION CRITERIA: transact.trans_date between "03/25/2002" and "03/29/2002~
FUND - 110 - GENERAL I~D
CASH ACCTCHECK NO ISSUE DT .............. VENDOR ............. FUND/DEPT ..... DESCRIPTION ...... SALES TAX AMOUNT
1020 591188 V 02/22/02 M BEDORD, JEAN 580 Refund: Check - Rental 0.00 -300.00
1020 591804 V 03/22/02 274 FRYtS ELECTRONICS 6308840 EQUIPMENT #8103 0.00 -502.33
1020 591804 V 03/22/02 274 FRY'S ELECTRONICS 1108315 SUPPLIES/PO 8089 0.00 -172.97
TOTAL CHECK 0.00 -675,30
1020 591921 03/29/02 36 ALLENtS PRESS CLIPPING 1103300 CLIPPINGS JAN/FEB/MAR 0.00 36.00
1020 591922 03/29/02 2330 AMERICAN INDUSTRIAL SUPP 1108312 SUPPLIES #8130 0.00 361.97
1020 591922 03/29/02 2330 AMERICAN INDUSTRIAL SUPP 1108312 SUPPLIES #8131 0.00 551.70
TOTAL CHECK 0.00 913.67
1020 591923 03/29/02 2641 AMERICAN STEAM CLEANING 1108504 TIME/MATERIALS 0.00 800.00
1020 591924 03/29/02 2640 APPLES'S ~]~ACTOR II, INC 1107504 DEBRIS REMOVAL 2/19 0.00 1280.00
1020 591925 03/29/02 57 ARAMARK 1104510 COFFEE SERV 3/22 0.00 503.31
1020 591926 03/29/02 M ANON, ANDREW 580 Refund: Check - Rental 0.00 100.00
1020 591927 03/29/02 968 BAP AUTO PARTS 6308840 PARTS/SUPPLIES 0.00 -11.17
1020 591927 03/29/02 968 BAP AUTO PARTS 6308840 FY,2001-2002 OPEN PURC 0.00 36.31
1020 591927 03/29/02 968 BAP AUTO PARTS 6308840 FY 2001-2002 OPEN PURC 0.00
1020 591927 03/29/02 968 BAP AUTO PARTS 6308840 FY 2001-2002 OPEN PURC 0.00
1020 591927 03/29/02 968 BAP AUTO PARTS 6308840 PANTS/SUPPLIES 0.00 -27.43
1020 591927 03/29/02 968 BAP AUTO PARTS 6308840 FY 2001-2002 OPEN PURC 0.00 26.02
1020 591927 03/29/02 968 BAP AUTO PARTS 6308840 FY 2001-2002 OPEN PURC 0.00 66.18
1020 591927 03/29/02 968 BAP AUTO PARTS 6308840 FY 2001-2002 OPEN PURC 0.00 16.78
TOTAL CHECK 0.00 159.82
1020 591928 03/29/02 85 BAY ~ COMPANY 1108502 MONITOR FEE 4/02-6/02 0.00 735.75
1020 591929 03/29/02 M BEDFORD, JEAN 580 REPL LOST CK591188 0.00 · 300.00
1020 591930 03/29/02 1807 NANCY BENNETT 5806249 ADV CPRS CONF 4/3-4/7 0.00 176.00
1020 591931 03/29/02 106 BRIDGE WIRELESS/RADIO CO 1108501 SUPPLIES #8134 0.00 179.70
1020 591931 03/29/02 106 BRIDGE WIRELESS/R$d)IO CO 1108504 PARTS #8151 0.00 269.54
1020 591931 03/29/02 106 BRIDGE WIRELESS/RADIO CO 1108501 PARTS #8150 0.00 351.81
TOTAL CHECK 0.00 801.05
1020 591932 03/29/02 108 BROOKS CUPERTINO GLASS 1108504 TIME/MATERIALS 0.00 891.25
1020 591933 03/29/02 2644 DELBERT BROWN 5606620 TIME/MATRRIAT~S 0.00 1750.00
'1020 591934 03/29/02 2015 BUILDER MAGAZINE 1107503 #037164000076393054 0.00 69.95
1020 591935 03/29/02 2551 BURIAN, LAURA 1103300 TRANSLATION SERV 3/13 0.00 397.08
1020 591936 03/29/02 120 C.B. TOOL CO 1108503 SUPPLIES #24033 0.00 ~" 78
R~ ~TR 03/28/02 TI~ 12:44:37 - FI~CIAL ACCOUNTINE
03/28/02 CZ'fY OF CUPERTII~O PAGE 2
ACC"CY,.q~ING P~RZOD: 9/02 CI~CIC R~GIS'I'BR - DISBT~.SBHENT FtmD
~I~ ~I~IA: =ra~ac= trans ~=e ~t~en "03/25/2002" ~ "03/29/2002"
1020 591937 03/29/02 133 ~-LZ~ g~I~ ~ IN 6308840 ~ZPP~ REPAI~ ~8127 0.00 571.76
1020 59193~ 03/29/02 ~002 ~Z~ZA DBBT A l~ 1107405 ~ZVA~ P~ ~ C~ 0.00 240.00
1020 591939 03/29/02 ~002 ~l~ ~ GRO~ .5506549 ~1~ ~SSS 0.00 125.00
1020 591940 03/29/02 1476 ~N DES/~ GR~ 1107301 R~17081 0.00 5.36
1020 591940 03/29/02 1476 ~ D~SI~ GR~ 110 R~17145 ~ ~ 0.00 550.00
1020 591940 03/29/02 1476 ~ DESZ~ ~0~ 110 R~17081 ~ ~I~ 0.00 ~64.64
1020 591940 03/29/02 14~6 ~N DESZ~ ~P 110 ~ ~ R~1~218 0.00 550.00
~ ~g~ 0.00 1870.00
1020 591941 03/29/02 2643 ~l~ ~ 6308840
1020 591942 03/29/02 2232 ~Z~, ~S 110 S~~ 0.00 103.84
1020 591942 03/29/02 2232 ~l~, ~ 110 ~S~ 0.00 306.50
~ ~CK 0.00 410.34
1020 591943 03/29/02 147 ~H 5506549 P~ ~H 2/28-3/26 0.00 1V.9~
1020 591943 03/29/02 147 ~H 1106500 P~ ~H 2/28-3/26 0.00 76.99
1020 591943 03/29/02 147 ~H 5506549 P~H 2/28-3/26 0.00 22.43
1020 591943 03/29/02 14~ ~H 5506549 P~H 2/28-3/26 0.00 S.1~
~,~ 591943 03/29/02 147 ~H 5506549 P~ ~H 2/28-3/26 0.00 64.99
591943 03/29/02 14~ ~H 5506549 PB~H 2/28-3/26 0.00 2.00
lb,u 591943 03/29/02 147 ~H 1106529 PE~ ~H 2/28-3/26 0.00 2.00
~ ~CK 0.00 191.56
1020 591944 03/29/02 149 ~H 2204010 P~ ~H 3/19-]/26 0.00 5.89
1020 591944 03/29/02 149 ~H 1104510 P~'*-z'g ~H 3/19-3/26 0.00 21.49
1020 591944 03/29/02 149 ~H 1101000 PE~ ~H 3/19-3/26 0.00 15.75
1020 591944 03/29/02 149 ~H 1104400 P~-~*~ ~H 3/19-3/26 0.00 21.61
~ ~CK 0.00 64.74
1020 591945 03/29/02 1057 CERZDZ~ B~FITS SERVZC 110 *F~X DEP/240125 0.00 165.40
1020 591945 03/29/02 1057 ~RZDZ~ B~FZTS S~VZC 110 *F~ H~/240125 0.00 426.94
~T~ ~ECK 0.00 592.34
1020 591946 03/29/02 1156 ~ 110 ~ 0.00 132.00
1020 591947 03/29/02 ~002 ~INA~VO~S 1101060 ~NF~ON~I~ (2 0.00 1200.00
1020 591948 03/29/02 M ~OE, ~OE 580 Ref~d: ~eck - Re2u~ 0.00 600.00
1020 591949 03/29/02 192 ~ ~PATIO~ ~ 1104510 U.~ION 3/11 0.00 20.00
1020 591950 03/29/02 916 ~ X~ XP~SS 6104800 ~ 3/21 0.00 703.52
1020 591951 03/29/02 197 ~ ~Z~, ~ 1101500 ~E ~~ ~R OF 0.00 4341.00
1020 591952 03/29/02 1579 ~PERTINO ~-N-S~R ~ 1108503 ~ZT G-33 APRZ~002 0.00 271.25
RT.~ DATE 03/28/02 T'rl,~ 12:44:38 - FINANCIAL ACCOU~r/'ING
'-/-5
03/28/02 CITY OF CUPERTINO PAGE 3
ACCOt~ING PERIOD: 9/02 CHECK R~GISTER - DISBURS~4BNTFUND
SELBCTI(~ CRITERIA: transact.trane_date betveen ,03/25/2002w and "03/29/2002"
F~JD - 110 - GENERA~ FT.qiD
CASH ACC~CHBCKNO XSSUEDT .............. VENDOR ............. FIFz~D/DEPT ..... DESCRIPTION ...... SALES TAX ANOU~iT
1020 591953 03/29/02 1034 DALLY JOURNAL CORPORATIO 1101500 SJP 1148571 12 HOS. 0.00 125.57
1020 591954 03/29/02 1212 DAVID H NILLIAHS 1108407 TINE/HATER/ALS 0.00 80.00
1020 591955 03/29/02 2085 DB PROf. IOTIOI~S 1101200 SERVZC~ ANARDS 0.00 106.08
1020 591956 03/29/02 209 DE AN~. SERVICES /NC 1108504 SPSC/AI, SERV t4AR2002 0.00 275.00
1020 591956 03/29/02 209 DS ANgAGERV/CE~ INC 5606640 JAN/TOR/ALMAR2002 0.00 440.03
1020 591956 03/29/02 209 DS ANZASBRV/CES /NC 5606620 JAN/TOR/ALMAR2002 0.00 440.03
1020 591956 03/29/02 209 DB ANZA SERVZCES /NC 1108503 ~AN/TORIA,T, lU~Jt2002 0.00 1961.30
1020 591956 03/29/02 209 DE ANZA SERVICES /NC 1108502 JAN/TOR/A.~ MAR2002 0.00 4111.39
1020 591956 03/29/02 209 DB ANZA SERVICES /NC 1108501 JANZTOR/AI~ MAR2002 0.00 2813.28
1020 591956 03/29/02 209 DB AI~A SERVICES /NC 110850? SPECZATu SERV FEB2002 0.00 280.00
1020 591956 03/29/02 209 DS ANZASERVZCES /NC 1108407 JANZTORZALI~,R2002 0.00 1004.89
1020 591956 03/29/02 209 DB AI~ZA SSRV/CES /NC 1108507 ~ANZTORIAI, MAR2002 0.00 2175.88
1020 591956 03/29/02 209 DB ANZA SERVICES /NC 1108314 ~ANITORIA.L NAR2002 0.00 7397.09
1020 591956 03/29/02 209 DB ANZA SSRV/CES /NC 1108314 JANITOR/AL I~IAR2002 0.00 138.20
1020 591956 03/29/02 209 DB ANZA SERV/CES /NC 1108505 JANITORIAl, MAR2002 0.00 3451.80
1020 591956 03/29/02 209 DS ANZASERVICES /NC 1108511 ~AN/TORIA,LMAR2002 0.00 1141.35
1020 591956 03/29/02 209 DB ANZA SERVICES INC 5708510 ~ANITORIA,T., HAR2002 0.00 2466.56
1020 591956 03/29/02 209 DP ANZA SERVICES /NC 1108504 ~ANZ'I'OR/AI., I~1~R2002 0.00 6097.32
1020 591956 03/29/02 209 DB ANZA SSRVICES /NC 1108506 JANITOR/AL MAR2002 0.00 338.67
1020 591956 03/29/02 209 DB ANZA SSRVICSS INC 1108509 ~ANITOR/A.~ MAR2002 0.00 6 ~
TOTAI, CHSCK 0.00 352~ 4
1020 591957 03/29/02 1242 DIGITAL PR/I~T INPRESSION 1104530 B.CARDS/A.NYKOFF 0.00 56.46
1020 591957 03/29/02 1242 D/GITAL PR/ITl' /MPRESS/ON 2?08405 B.CARDS/JENSSN & FSRGU 0.00 104.43
TOTAl, CHECK 0.00 160.89
1020 591958 03/29/02 1354 D/RSCT SAFETY COMPANY 6308840 SUPPLISS 0.00 35.20
1020 591959 03/29/02 220 D/SCOUNT SCHOOL SUPPLY 5806349 SUPPL/SS #15672 0.00 323.58
1020 591960 03/29/02 1994 D/STRICTA'I'TORNEY TRUST 110 A LOPSZ ,JR 566398126 0.00 23.00
1020 591961 03/29/02 M Dong, L~ly 550 Refund: Check - Rental 0.00 750.00
1020 591962 03/29/02 1434 SDNARDS. NALSH CO. 1108402 PARTS/SUPPLY #8132 0.00 493.62
1020 591962 03/29/02 1434 EDWARD S. NA, LSH CO. 1108312 SUPPLIES #8084 0.00 182.18
TOTAL CH ECS 0.00 675.80
1020 591963 03/29/02 239 SLSCTRICAL DISTR/BUTORS 1108504 SUPPL/SS #24053 0.00 35.85
1020 591964 03/29/02 242 i~4PI,OI'IqiDTI' D~VEL DEl:Vl' 110 SZT/932-0014-5 0.00 16150.28
1020 591965 03/29/02 243 EMPI,OYIqENT DSV~I, OPM~iT 110 SD1/776-5260-0 0.00 881.08
1020 591966 03/29/02 258 FAI~ILY SUPPORT TRUSTSS 110 H ORDINIZA 5483?3456 0.00 157.38
1020 591966 03/29/02 258 FA~4/LY SUPPORT TRUSTES 110 V ORTEGA 563312780 0.00 352.62
TOTAl, CHECK 0.00 51~ ~0
RUN DATE 03/28/02 T/H~ 12:44:39 - FINANCIAl, ~J_'C(X~TTNG
03/28/02 CIIT OF ~u~.TlsO PAG~ 4
s~i~ ~Z~IA: ~ran~ac~.~ran~e ~en "03/25/2002" ~ "03/29/2002"
1020 591967 03/29/02 260 F~~S ~RP 110 ~I~S~VI~ 0.00 17.32
1020 591968 03/29/02 2589 ~ F~'r~ 5506549 S~Vl~ ~~ ~R 0.00 300.00
1020 591969 03/29/02 2361 FI~~ 1106100 ~A~~002 0.00 811.46
1020 591969 03/29/02 2361 FI~ ~' 5806349 ~A~ ~2002 0.00 174.92
1020 591969 0~/29/02 2361 FI~ ~ 5806449 ~A~ ~002 0.00 518.00
1020 591969 03/29/02 2361 FI~~ 1106200 STA~~002 0.00 25.39
1020 591969 0~/29/02 2361 FI~T ~K~ 5806249 ~A~ ~002 0.00 41'~93
1020 591969 03/29/02 2361 FI~~ 5806349 STA~~002 0.00 2500.00
1020 591969 03/29/02 2~61 FI~ ~ 1106647 ~A~ ~002 0.00 33.20
1020 591969 03/29/02 2361 FI~K~ 1106343 STA~~002 0.00 335.79
1020 591969 03/29/02 2361 FI~ ~ 5806349 ~A~ ~002 0.00 576.00
1020 591969 03/29/02 2361 FI~ ~ 1106200 ~A~ ~002 0.00 748.00
~ ~ 0.00 5784.69
1020 591970 03/29/02 2361 FI~ ~ 5806649 ~002 ~A~ 0.00 1294.42
1020 591971 03/29/02 2361 FI~ ~ 1108501 ~A~ ~002 0.00 285.83
1020 591971 03/29/02 2361 'FI~ ~ 1103500 ~A~ ~002 0.00 9~.00
~~CK 0.00 1272.83
10~ 591972 03/29/02 268 ~ BR~ SE~IW SYS 1108503 P~TS/~PPLIBS 0.00 58.63
lC 592972 03/29/02 268 ~ BR~ SE~I~ SYS 5708510 P~TS/~PLI~ 0.00 284.09
~ ~ 0.00 342.72
1020 591973 03/29/02 273 ~ ~I~ H.S. DI~. 5806449 ~ 2001-2002 OP~ ~C 0.00 51.19
1020 591974 03/29/02 1808 KIN ~ 5806349 ~ C~ ~ 4/3-4/7 0.00 176.00
1020 591975 0~/29/02 274 ~Y'S ~ICS 1108315 ~I~ ~8089 0.00 172.9~
1020 591976 03/29/02 1510 ~CIA ~ ~ ~P ~PA 1108502 TI~/~I~ 0.00 320.00
1020 591977 03/29/02 281 ~~ ~309820 MIS ~I~ FOR ~IP 0.00 J763.70
1020 591978 03/29/02 291 ~ ~ ~I~ 1108314 TI~/~RI~ 0.00 2571.00
1020 591979 03/29/02 298 ~ INC 2708405 ~PLI~ ~8109 0.00 26.28
1020 591979 03/29/02 298 ~I~ INC 2708405 ~I~ ~8109 0.00 226.42
1020 591979 03/29/02 298 ~I~ INC 2708405 ~Phl~ ~8109 0.00 54.04
1020 591979 03/29/02 298 ~I~ I~ 1108830 P~TS/~PLIES 0.00 594.55
1020 591979 03/29/02 298 G~I~ INC 1108830 P~TS/~PPLIES 0.00 1951.8~
~ ~CK 0.00 2853.12
1020 591980 03/29/02 2500 ~Y ~ 4239222 ~PLZ~ 3/19 ~ 0.00 66.74
1020 591981 03/29/02 2531 ~U B~IC 1108502 TI~/~I~ 0.00 1800.00
1020 591981 03/29/02 2531 ~U ~IC 1108502 TZ~/~Z~ 0.00 700.00
~ ~BCK 0.00 2500.00
RUN DATS 03/28/02 ?ZN~ 12=44:40 - FIN~I~CIA[~ ACCO~I~ ~.~
03/28/02 CITY OF CUPERTINO PAGE 5
ACCOUHTINGPERIOD: 9/02 CHECK RSGISTER - DISBURSRMENTFU~iD
SELECTION CRITERIA: transact.~rans_date between "03/25/2002" and "03/29/2002w
~ - 110 - GENERAL FUND
CASH ACCTCH~CKNO ISSUE DT .............. VENDOR ............. FU~rD/DEPT ..... DESCRIPTION ...... SALES TAX A/4OUNT
1020 591982 03/29/02 2607 BOB GUTIERREZ 5506549 SERVICE AGREE~IENT FOR 0.00 400.00
1020 591983 03/29/02 2540 HILTI 1108504 PARTS #8139 0.00 309.19
1020 591984 03/29/02 M2002 HOe4E 1107503 197109895420MG81 0.00 9.97
1020 591985 03/29/02 1628 HYDROTEC IRRIGATION EOUI 1108303 TIME/MATERIALS 0.00 3834.44
1020 591985 03/29/02 1828 HYDROTEC IRRIGATION EQUI 1108303 TII~/MATERIALS 0.00 505.29
TOTAL CHECK 0.00 4340.73
1020 591986 03/29/02 343 IC~4ARETIREMENTTRUST-45 110 *IC~4A 0.00 6075.55
1020 591987 03/29/02 M2002 IIHC 1104300 MEMBER FEE RENEWALS 0.00 234.00
1020 591988 03/29/02 2299 INDUSTRI~,LSAFETY & HAZM 1108201 CLASS T.BLOOMQUIST 0.00 560.00
1020 591989 03/29/02 1915 ONITED STATES TREASURY 1104100 94-6027368 L.EAGLE 0.00 481.49
2020 591990 03/29/02 2285 KATHRYN KELLY JOESTEN 1106500 SERVICE AGREEMENT FOR 0.00 344.13
1020 591990 03/29/02 2285 KATHRYN KELLY JOE$TEN 1105265 SERVICE AGREID4ENT FOR 0.00 43.37
TOTJ~LCHSCR 0.00 387.50
1020 S91991 03/29/02 1668 JOHN RICKJ~AN PHOTOGRAPHY 1203300 SWEARING-IN CERE~4ONY 0.00 3 '~
1020 591992 03/29/02 2972 KII~/,L-NIDWEST 5308840 SUPPLIES #24448 0.00 59.67
1020 591993 03/29/02 382 KWIK-KOPY PRINTING 5506549 APRIL NEWSLETTER 0.00 974.25
1020 591994 03/29/02 ~12002 KWOK, GLADYS 110 ENCROACH BOND REFD 0.00 7500.00
1020 591995 03/29/02 385 LAB SAFETY SUPPLY 6308840 SUPPLIES #24441 0.00 48.25
1020 591995 03/29/02 385 LAB SAFETY SUPPLY 1108408 SUPPLIES #8121 0.00 581.61
1020 591995 03/29/02 385 LAB SAFETY SUPPLY 1104400 RETURN SUPPLIES #16578 0~00 -555.48
1020 591995 03/29/02 385 LAB SAFETY SUPPLY 1104400 SUPPLIES #16578 0.00 261.53
TOTAL CHECR 0.00 335.91
1020 591996 03/29/02 386 MICHAEL LAMB 1103300 2002 SWING WEEK MC 0.00 450.00
1020 591997 03/29/02 ~42002 LAMIW~AN, RICHARD & CATHY 1100000 REFUND BLDG FEES 0.00 416.40
1020 591997 03/29/02 M2002 LAMPMAN, RICHARD & CATHY 1100000 REFUND BLDG FEES 0.00 309.27
1020 591997 03/29/02 M2002 LAMPMAN, RICHARD & CATHY 110 REFUND BLDG FEES 0.00 25.00
1020 591997 03/29/02 M2002 LAMPJ4AN, RICHARD& CATHY 1100000 REFUND BLDG FEES 0.00 1388.00
TOTAL CHECK 0.00 2138.67
1020 591998 03/29/02 390 LAWSON PRODUCTS INC 2708405 SUPPLIES #8097 0.00 137.51
1020 591998 03/29/02 390 LAWSO~ PRODUCTS INC 2708405 SUPPLIES #8097 0.00 20.39
1020. 591998 03/29/02 390 LAWSON PRODUCTS INC 2708405 PARTS/SUPPLIES #8097 0.00 300.67
TOTJ~d CHECK 0.00 458.57
1020 591999 03/29/02 1217 THE LEARNING GAME 5806349 SUPPLIES #23239 0.00 23.41
RUR DATE 03/28/02 TIME 12:44~40 - FINANCI~L ACC(NJNTING
03/28/02 CITY OF CUPBIt?ZNO PAG~ 6
ACC'Ot~'~z~ P~RZOD: . 9/02 (::~C']C RZ~2ZST~R - DZSB~ ~
~l~ ~Z~Z~: ~r*u*cc.~ra~_~e ~cveen "03/25/2002" and "03/29/2002"
1020 592000 03/29/02 ~2002 ~, ~ 5806449 ~V CPRS ~NF 4/3-4/6 0.00 176.00
1020 S92001 03/29/02 ~2002 ~ZS, ~ 5806349 ~V ~ ~ 4/3-4/6 0.00 176.00
1020 592002 03/29/02 2357 L~O~E 6308840 P~TS/S~ZES ~8136 0.00 307.43
1020 592003 03/29/02 2356 L~ ~O~ZES 6109853 '~S BZ~I~ 0.00 2000.00
1020 592004 03/29/02 M L~U, ~en ~ing 550 Ref~d: ~eck - Rental 0.00 300.00
1020 592005 03/29/02 1599 ~ ~ ~RK I 1104510 ~ ~RZ~002 0.00 897.00
1020 592006 03/29/02 1868 ~O~BZ~ ~I~TI 6308840 TI~/~T~I~ 0.00 40.00
1020 592007 03/29/02 444 MZ~*S ~ 1108314 ~ OF P~TS 0.00 -49.25
1020 592007 03/29/02 444 MI~tS L~ER 1108504 S~PLZES ~05350 0.00 11.03
1020 592007 03/29/02 444 MZ~'S ~ 1108303 S~IES ~24302 0.00 49.25
1020 592007 03/29/02 444 MZ~N*S ~ 1108314 SUPPLI~ ~24301 0.00 76.~4
~ ~CK 0.00 87.77
1020 592008 03/29/02 2567 MZS~ 110 ~ ~US 385960533 0.00 223.00
~ 592009 03/29/02 447 MZSSZ~ ~ZFO~ SERVI~ 1108201 ~ 2001-2002 OP~ ~C 0.00 75.91
592009 03/29/02 447 MZSSZON ~ZFO~ SERVZ~ 1108201 ~ 2001-2002 OP~ ~C 0.00 75.91
~CK 0.00 151.82
1020 592010 03/29/02 448 MISSION V~Y FO~ IRC 6309820 ~IPPER ~U~ 0.00 49904.92
~020 592010 03/29/02 448 MZSSZ~ V~KY FO~ ZNC 6309820 ~ ~PPKR ~X 0.00 3698.90
~ ~ 0.00 53603.82
1020 592011 03/29/02 1023 ~SO~ ~~l 1107502 R~1~ 9/25-3/11/02 0.00 18082.00
1020 592012 03/29/02 ~002 ~HIHI DA~ 110 RS9060 0.00 500.00
1020 592012 03/29/02 ~002 ~HZNI DAVE 110 R~1809 0.00 500.00
1020 592012 03/29/02 ~002 ~HZNZ DA~ 110 RS7050 0.00 500.00
~ ~ 0.00 1500.00
1020 592013 03/29/02 466 ~A DES1~ 4209119 S~VI~ ~RE~ ~R 0.00 1960.51
1020 592014 03/29/02 2281 ~P~ & ~VZS, ~P 2507304 ~ SERV ~2/1-1/3~/0 0.00 7281.96
1020 592015 03/29/02 471 ~ TZ~ S~PLY ~P~ 6308840 P~TS S24446 0.00 41.52
1020 592016 03/29/02 M ~Y~, ~l~ 580 Ref~d: ~eck - Re~u~ 0.00 20.00
1020 592017 03/29/02 302 ~TIO~ DEF~ ~P~ 110 *~TtL DEF 0.00 16985.46
1020 592018 03/29/02 2562 ~ ~l~ INC. 1108501 TI~/~I~ 0.00 455.00
1020 592019 03/29/02 487 ~R~Z~ ~P~Y ~ 1108504 ~ 2001-2002 OP~ ~C 0.00 27.98
RUN DATE 03/28/02 TIME 12:44:41 - FXItlANCXAL ~XI~G
03/28/02 CITY OF CUPERTINO PAGE 7
ACCOLq~TING PERIOD: 9/02 CHECK REGISTER - DISBURSEMENT FUND
SELECTION CRITERIA: transact.~rans_date between "03/25/2002" and "03/29/2002" ''
FUND - 110 - GENEPul~Ta FUND
CASH ACCTCHECK NO ISSUE DT .............. VENDOR ............. FUND/DEPT ..... DESCRIPTION ...... SALES TAX AMOUNT
1020 592020 03/29/02 493 OFFICE DEPOT 2204010 SUPPLIES 0.00 4.32
1020 592020 03/29/02 493 OFFICE DEPOT 1108101 SUPPLIES 0.00 52.08
1020 592020 03/29/02 493 OFFICE DEPOT 6104800 SUPPLIES 0.00 14.06
1020 592020 03/29/02 493 OFFICE DEPOT 1108101 SUPPLIES 0.00 81.78
1020 592020 03/29/02 493 OFFICE DEPOT 1107301 SUPPLIES 0.00 7.14
1020 592020 03/29/02 493 OFFICE DEPOT 1103500 SUPPLIES 0.00 110.75
1020 592020 03/29/02 493 OFFICE DEPOT 1108101 SUPPLIES 0.00 51.22
1020 592020 03/29/02 493 OFFICE DEPOT 1107503 SUPPLIES 0.00 21.17
1020 592020 03/29/02 493 OFFICE DEPOT 1107301 SUPPLIES 0.00 21.16
1020 592020 03/29/02 493 OFFICE DEPOT 5806449 SUPPLIES 0.00 93.04
1020 592020 03/29/02 493 OFFICE DEPOT 1104400 SUPPLIES 0.00 12.90
1020 592020 03/29/02 493 OFFICE DEPOT 5806349 SUPPLIES 0.00 3.24
1020 592020 03/29/02 493 OFFICE DEPOT 1104000 SUPPLIES 0.00 306.94
1020 592020 03/29/02 493 OFFICE DEPOT 1104100 SUPPLIES 0.00 31.57
TOTAL CHECK 0.00 811.45
1020 592021 03/29/02 2241 ONE WORKPLACE 1108501 PANEL FOR PW SECTION 0.00 701.18
1020 592022 03/29/02 501 OPERATING ENGINEERS #3 110 UNION DUES 0.00 558.09
1020 592023 03/29/02 507 DAN OSBORNE DBA:OSBORNE 1108501 TIME/MATERIALS 0.00 450.00
1020 592023 03/29/02 507 DAN OSBOI~NE DBA:OSBORNE 1108602 TIME/MATERIALS 0.00 225.00
TOTAL CHECK 0.00 ~0
1020 592024 03/29/02 833 P E R S 110 PERS 1959 0.00 117.18
1020 592024 03/29/02 833 P E R S 110 PERS EMPLY 0.00 24448.07
1020 592024 03/29/02 833 P E R S 110 PERS SPEC 0.00 113.40
1020 592024 03/29/02 833 P E R S 110 *PERS BYBK 0.00 327.28
1020 592024 03/29/02 833 P E R S 110 PERS B~PfBK 0.00 37.52
1020 592024 03/29/02 833 P E R S 110 *PERS BYBK 0.00 180.14
TOTAL CHECK 0.00 25223.59
1020 592025 03/29/02 2470 PACIFIC PLLD4BING SPECIAL 1108504 SUPPLIES #8145 0.00 354.41
1020 592027 03/29/02 515 PACIFIC WEST SECURITY IN 1108505 SECURITY JUNE2002 0.00 45.00
1020 592027 03/29/02 515 PACIFIC WEST SECURITY IN 1108507 SECURITY MAY2002 0.00 38.00
1020 592027 03/29/02 515 PACIFIC WEST SECURITY IN 1108506 SECURITY/FIRE JUNE2002 0.00 45.00
1020 592027 03/29/02 515 PACIFIC WEST SECURITY iN 1108506 SECURITY/FIRE MAY2002 0.00 45.00
1020 592027 03/29/02 515 PACIFIC WEST SECURITY IN 1108501 ACCESS SYSTEM JUNE2002 0.00 101.00
1020 592027 03/29/02 515 PACIFIC WEST SECURITY IN 1108503 SECURITY APR2002 0.00 36.00
1020 592027 03/29/02 515 PACIFIC WEST SECURITY IN 1108506 SECURITY/FIRE APR2002 0.00 45.00
1020 592027 03/29/02 515 PACIFIC WEST SECURITY iN 1108503 SECURITY/FIRE MAY2002 0.00 78.00
1020 592027 03/29/02 515 PACIFIC WEST SECURITY IN 1108501 SECURITY/FIRE MAY2002 0.00 122.00
1020 592027 03/29/02 515 PACIFIC WEST SECURITY IN 1108507 SECURITY APR2002 0.00 38.00
1020 592027 03/29/02 515 PACIFIC NEST SECURITY IN 5708510 SECURITY/FIRE MAY2002 0.00 136.00
1020 592027 03/29/02 515 PACIFIC WEST SECURITY IN 1108505 SECURITY APR2002 0.00 45.00
1020 592027 03/29/02 515 PACIFIC WEST SECURITY IN 1108503 SECURITY/FIRE JUNE2002 0.00 78.00
1020 592027 03/29/02 515 PACIFIC NEST SECURITY IN 1108507 REC FIRE MAY2002 0.00 160.00
1020 592027 03/29/02 515 PACIFIC WEST SECURITY IN 5708510 SECURITY/FIRE JUNE2002 0.00 136.00
1020 592027 03/29/02 515 PACIFIC WEST SECURITY IN 1108507 REC FIRE APR2002 0.00 1~ 00
1020 592027 03/29/02 515 PACIFIC WEST SECURITY IN 1108508 SECURITY JUNE2002 0.00 0
RUN DATE 03/28/02 TIME 12:44:42 - FINANCIAL ACCOUNTING
03/28/02 CXT't' OF CUPerTINO
)~CO(.qT~XNG PBRXOD: 9/02 CHECK REQXST~R - Dz~BURSI~q~4T
t~'*'~G'~ZO~ CR~'r~RZA: ~ar~B&c~.~anm_d~e between "03/25/2002" a.~,.,d #03/29/2002"
~ - 110 - GENILR;~ F~qD
CASHACCTCHECICNO IS~ .............. ~R ............. ~/DB~ ..... D~ZO~ ......
1020 5920~ 03/29/02 515 ~ACZ~/C ~ ~g~I~ ZR 110~503 5g~Z~ ~2002 0.00 36.00
1020 5920~ 03[29/02 515 ~I~IC ~ 8E~Z~ I~ 110~501 8~I~/~I~ ~2002 0.00 122.00
1020 592027 03/29/02 515 PACIFZC~SB~Z~ IN 1108511 S~I~/F~AP~O02 0.00 68.00
1020 592027 03/29/02 515 PACIFIC ~ST SE~Z~ IN 5708510 SE~Z~/FIU ~R2002 0.00 136.00
1020 592027 03/29/02 515 P~IFZC NSST SB~Z~ ZN 1108505 SB~Z~ ~Y2002 0.00 45.00
1020 59202~ 03/29/02 515 P~IF~C N~ SB~Z~ ZN 1108511
1020 592027 0~/29/02 515 P~/FIC ~ST SE~Z~ IN 1108501 SE~Z~/FI~ ~002 0.00 122.00
1020 592027 03/29/02 515 PACIFIC ~ SB~Z~ ZN 1108503 SE~I~/FZ~ A~002 0.00
1020 592027 03/29/02 515 P~IFZC ~GT S~l~ IN 1108507 ~C FI~ ~2002 0.00 160.00
1020 592027 03/29/02 515 PACIFIC N~T SE~Z~ IN 1108504 FZ~ ~2002 0.00 199.00
1020 59202~ 03/29/02 515 P~ZFIC ~EST SE~I~ IN 1108501 A~S SY~ ~Y202 0.00 101.00
1020 592027 03/29/02 515 PACIFIC ~ S~I~ IN 1108504 ~I~ ~2002 0.00 199.00
1020 592027 03/29/02 515 P~IFZC ~ SE~I~ IN 1108508 SE~I~ ~2002 0.00 36.00
1020 59202~ 0]/29/02 515 PACIFIC ~ SE~Z~ ZN 1108503 SB~Z~ ~Y2002 0.00 36.00
1020 592027 03/29/02 515 P~IFIC ~ST Sg~Z~ IN 1108501 A~S SYS~ ~002 0.00 101.00
1020 59202~ 03/29/02 515 P~IFZC ~ SE~Z~ ZN 1108504 FIRE ~Y2002 0.00 199.00
1020 592027 03/29/02 515 PACIFIC ~ SB~Z~ ZN 1108508 SE~Z~ ~Y2002 0.00 36.00
1020 592027 03/29/02 515 P~IFIC~SE~I~ IN 1108507 SE~I~2002 0.00 38.00
1020 592027 03/29/02 515 PACIFIC ~ SE~ ZN 1108511 SB~Z~/FZRE ~Y2002 0.00 68.00
~ ~CK 0.00 3192.00
1020 592028 03/29/02 5]3 ~ ~NG ~ ~ PR~ 110 P~ ~/~2405 0.00 159.24
592029 03/29/02 1247 ~ZB ~S~N 1106100 ~V ~ ~NF 4/2-4/6 0.00 220.00
1020 592029 03/29/02 124~ ~E P~S~N 1106100 REI~ ~R SUPPLIES 0.00 129.84
~ ~ 0.00 349.84
1020 592030 03/29/02 2278 OUATM, ~ 1108101 ~ S.DI~ 3/21-3/26 0.00 249.38
1020 592031 03/29/02 563 R A R PRO~S ZNC 5606640 P~TS ~15745 0.00 104.95
1020 592032 03/29/02 1406 ~I~S ~VO~ 6308840 ~ 2001-2002 OPEN ~C 0.00 194.02
1020 592033 03/29/02 574 ~ FLOSS ~ 5706450 FLOSS R~ SUP~VISZ 0.00 685.00
1020 592033 03/29/02 5~4 ~ FZ~SS ~ 5706450 FLOSS R~ ~PERVISZ 0.00 1050.00
T~ ~g~ 0.00 1~]5.00
1020 592034 03/29/02 581 ~ 1107503 ~P~/ES ~12364 0.00 34.36
1020 592034 03/29/02 581 ~1~ 1107301 S~P~ZES ~12364 0.00 25.1~
~ ~ECK 0.00 59.54
1020 592035 03/29/02 437 S V C N 1104300 ~ 2001-2002 O~ ~C 0.00 42.50
1020 592035 03/29/02 43V S V C N 1104300 ~ 2001-2002 OP~ ~C 0.00 72.50
1020 592035 03/29/02 437 S V C N 1104300 ~ ST~ DASD CK 0.00 85.00
1020 592035 03/29/02 43~ S V C N 1104300 ~ 2001-2002 OP~ ~C 0.00 40.00
1020 592035 03/29/02 437 S V C N 1104300 ~ ST~ DASD ~ 0.00 50.00
1020 592035 03/29/02 437 S V C N 1104300 ~P~ ST~ DASD CK 0.00 37.50
1020 592035 0~/29/02 437 S V C N 1104300 RBP~ ~ ~T~ CK 0.00 40.00
~ ~ECK 0.00 36~.50
592036 03/29/02 2170 ~ ~OSB ~TOR 6308840 P~TS ~157 0.00 156.96
RUN D~'I'B 03/28/02 TIM~ 12:44:42 - FTN~/CIAI, ACCC)~4TI~
03/28/02 CITY OF C~tJPSRTZNO PAGE 9
ACCOUNTING PERIOD: 9/02 CIRCE REGISTER - DISBF.~SBI~RNT FF~rD
SELECTION CRITERIA: r. ranB&cl:.trarm_dal:e between "03/25/2002" and ,03/29/2002"
FUND - 110 - GENERAL FLUID
CASIt ACC/' C~CE NO ISSUE DT .............. VI~iDOR ............. FF~D/DEPT ..... DESCRIPTION ...... ~ TAX AMOTA~
1020 592037 03/29/02 1337 SANTA CLARA VALLEY TRANE 1108005 3RD & 4TH ATR MBMR FEE 0.00 25591.00
1020 592038 03/29/02 M2002 SCAN-NATOA 1103300 NORKSHOP 10/18 0.00 25.00
1020 592039 03/29/02 M2002 SBA FORT MARXNA HOTEL 1108201 CONF#52229/#5222A (4) 0.00 564.48
1020 592040 03/29/02 1488 SBA.RS 6308840 TOOL BOX #8083 0.00 268.77
1020 592040 03/29/02 1488 SEARS 1108503 SUPPLIES #8122 0.00 113.94
TOTAI, CHSCK 0.00 382.71
lO2O 592041 03/29/02 2308 SEARS 4249210 PANASONIC 27" 'I'VVCRD 0.00 1461.04
1020 592041 03/29/02 2308 SEARS 4249210 PANASONIC 27" TV VCRD 0.00 1164.86
'I'OTAL{3~C~ 0.00 2625.90
1020 592042 03/29/02 2261 SECRETARY OF STATE 3655301 NON-PROFIT FI~XNG FEE 0.00 20.00
1020 S92043 03/29/02 651 SIERRA PACIFIC TURF SUPP 5606640 SUPPLIES 0.00 701.01
1020 592043 03/29/02 651 SIERRA PACIFIC TURF SUPP 5606640 SUPPLIES #15728 0.00 293.44
TOTAL CRECK 0.00 994.45
1020 592044 03/29/02 652 SIERRA SPRINGS HATER CO. 1101500 HATER SERV FEB2002 0.00 19.20
1020 592045 03/29/02 ME2002 SMITH, LAUREN 5806449 ADV CPRS CONF 4/3-4/6 0.00 1'o .~
1020 592046 03/29/02 677 STATE STRSETBANK &THUS 110 *PERS DEF 0.00 2940.93
1020 592047 03/29/02 ME2002 S"I'BENFOTT, DOROTHY 2204010 EXPENSES/LEADERSHIP 0.00 57.04
1020 592048 03/29/02 1661 STRASSSR, JOE 1107501 EXPENSES CONF 3/17-18 0.00 209.53
1020 592049 03/29/02 M2002 SUHAS PATIC 570 RBFUNDDPST 3/09/02 0.00 250.00
1020 592050 03/29/02 690 SUNNYVALE FORD 6308840 FY 2001-2002 OPEN PURC 0.00 19.46
1020 592050 03/29/02 690 SUnlit'VALE FORD 6308840 RETURIq OF PARTS 0.00 -27.08
1020 5920S0 03/29/02 690 SUNNYVALE FORD 6308840 FY 2001-2002 OPEN PURC 0.00 27.08
1020 592050 03/29/02 690 SF, AqNYVAL. E FORD 6308840 FY 2001-2002 OPEN PURC 0.00 50.73
1020 592050 03/29/02 690 SL~iYVALE FORD 6308840 FY 2001-2002 OPEN PURC 0.00 56.89
1020 592050 03/29/02 690 sTAqNYVAI,E FORD 6308840 FY 2001-2002 OPEN PURC 0.00 211.28
1020 592050 03/29/02 690 SFuq'~/YVALE FORD 6308840 FY 2001-2002 OPEN PURC 0.00 18.45
1020 592050 03/29/02 690 SUNNYVALE FORD 6308840 FY 2001-2002 OPEN PURC 0.00 21.87
1020 592050 03/29/02 690 SUL'NYVALB FORD 6308840 FY 2001-2002 OPEN PURC 0.00 239.15
TOTAl, CHECK 0.00 617.83
2020 592052 03/29/02 695 SYSCO FOOD SERVICES OF S 5506549 SUPPLIES FOOD PRGRM 0.00 508.81
1020 592052 03/29/02 699 TAP PLASTICS INC 1108303 SUPPLIES #8114 0.00 173.20
1020 592053 03/29/02 700 TARGET SPECIALTY PRODUCT 1108303 PARTS/SUPPLY #8111 0.00 153.02
1020 592054 03/29/02 701 TARGET STORES 5806349 SUPPLIES #23273 0.00 ~
RUtl DATE 03/28/02 TI~ 12:44:43 - FINANCIAL ACCOt~t~TING
03/28/02 CI'~ OF ~u~dIT~l~lO PAGE ~0
ACCOT. A~NG P~t~OD: 9/02 ~ ~ZB~ - DI~B~
~ - 110 -
1020 592054 03/29/02 70~ T~~g 5806349 ~PPLZBS ~23238 0.00 32.46
~ ~ 0.00 59.69
2020 592055 03/29/02 2013 T~ ~R 2202200 S~IC B~ P~ '2002' 0.00 6258.69
~020 592056 03/29/02 ~013 T~ ~R. 2202200
2020 592057 03/29/02 2532 ~I~YS2S, ~NC. 2~07502 P~ ~Z~ SSRV2~ 0.00 483.00
2020 592058 03/29/02 709 ~ ~ 5806449 S~V2~ ~~ ~R 0.00 ~955.00
2020 592059 03/29/02 2794 ~-PA~AY~ 6308840 ~ ~RO~R A 0.00 457L.76
2020 592060 03/29/02 H ~Y, ~ 580 Ref~d: ~eck - ~ 0.00 200.00
2020 59206~ 03/29/02 ~2002 ~ 2002 2208201 ~ G ~ ~NF (4) 0.00 800.00
1020 592062 03/29/02 2993 ~~ OF ~A ~ 220 A ~Z ~ 566398226 0.00 161.54
2020 592063 03/29/02 1202 ~IE~FF ~ & ~ 5506549 ~I~ ~2P 5/24/02 0.00 69294.90
2020 592064 03/29/02 724 ~F i l~I~ E~UI~ 5806649 SUPP~2ES ~25744 0.00
592065 03/29/02 727 U S ~R 5806249 ST~PS 0.00 68.00
2020 592065 03/29/02 727 U S ~~ 5806449 ST~PS 0.00 68.00
2020 592065 03/29/02 727 U S ~~ 5806349 ST~S 0.00 68.00
~ ~CK 0.00 204.00
2020 592066 03/29/02 2254 ~I~D WAY OF S~A ~ 220 ~ITED NAY 0.00 208.00
2020 592067 03/29/02 2584 ~I~DI~, l~. 2203300 ~S~TI~ 3/28 0.00 256.00
1020 592068 03/29/02 ~62 ~1~ ~I~ 5606660 O~ ~SER ~I~ AT 0.00 2689.53
1020 592069 03/29/02 766 ~T ~Y S~ ~V~ I 1108408 S~P ~I~I~ 3/12 0.00 525.00
1020 592070 03/29/02 779 ~-LZ~ S~PLY ~ INC 1108504 P~TS/S~ES 0.00 ~22.33
~020 592070 03/29/02 779 ~-LI~ ~PLY ~ INC ll08S0S P~TS/~PPLIES 0.00 15~.96
~ ~ 0.00 279.29
1020 592071 03/29/02 M MI~, ~ 580 ~ 586919 0.00 100.00
1020 592072 03/29/02 113~ CIDDY ~E~ 1107301 EXPOSES ~E~Y ~F 0.00 358.34
1020 592073 03/29/02 2456 ~~ 1103300 ~ 0.00 1098.24
1020 592074 03/29/02 1081 Y~I'S ~Y 1108314 S~IES ~15569 0.00 46.42
1020 5920~4 03/29/02 1081 Y~I'S ~Y 1108314 ~PLI~ JlS568 0.00 46.42
2020 592074 03/29/02 ~08~ Y~I*S ~Y 2~08324 ~ ~25570 0.00 46.42
~ ~ 0.00 ~39.26
RT,.IH DATE 03/28/02 TIP~ 12:44:44 . FTNANCiAL jk,.CCOLqiT~(j
03/28/02 CITY OF CUPerTINO PAGE 11
ACCOG'NTII~ PERIOD: 9/02 CHECK R~GISTSR - D~SB~ ~
SE~I~ ~I~I~: ~ansac~.~rans~e ~veen ~03/25/2002~ ~d ~03/29/2002'
~ - 110 - G~ ~
~H A~ECK~ IS~ ~ .............. ~R ............. ~/DE~ ..... DES~I~ION ...... S~S T~ ~
~ ~H A~ 0.00 386106.48
~ ~ 0.00 386106.48
~ ~RT 0.00 386106.48
DATE 03/28/02 TIME 12:44:44 - FINANCIAL ACCOUNTING
RESOLUTION NO. 02-062
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
APRIL 05, 2002
WHEREAS, the Director of Administrative Services or her designated
representative has certified to accuracy of the following claims and demands and to the
availability of funds for payment hereof; and
WHEREAS, the said claims and demands have been audited as required by law.
NOW, THEREFORE, BE IT RESOLVED, that the City Council hereby allows
the following claims and demands in the amounts and from the funds as hereinafter set
forth in Exhibit "A".
CERTIFIED:
Director of Administrative Services
PASSED AND ADOPTED at a regular meeting of the City Council of the City of
Cupertino this 15th day of April ,2002, by the following vote:
Vote Members of the City Council
AYES:
NOES:
ABSENT:
ABSTAIN:
. ATTEST: APPROVED:
City Clerk Mayor, City of Cupertino
04/04/02 CITY OF CUPERTINO PAGE 1
ACCOL~Nt3 PERZOD: 10/02 CHECK REGISTER - DISBURSEMENT FUND
SELltCTION CRITERIA: trarmact.trans_date between '04/01/2002' and #04/05/2002'
FUND - 110 - gE~IERAL FLeD
CASH ACCTCHECKNO ZSS~JE DT .............. VENDOR ............. FIH~D/DEPT ..... DESCRIPTION ...... SALES TAX AMOI~qT
1020 591904 V 03/22/02 696 TADCO SUPPLY 1108321 FY 2001-2002 OPEN PURC 0.00 -131.42
1020 591904 V 03/22/02 696 TADCO SUPPLY 1108315 FY 2001-2002 OPEN PURC 0.00 -131.42
1020 591904 V 03/22/02 696 TADCO SUPPLY 1108314 FY 2001-2002 OPEN PURC 0.00 -131.43
1020 591904 V 03/22/02 696 TADCO SUPPLY 1108312 FY 2001-2002 OPEN PURC 0.00 -131.43
1020 591904 V 03/22/02 696 TADCO SUPPLY 1108302 FY 2001-2002 OPEN PURC 0.00 -131.43
1020 591904 V 03/22/02 696 TADCO SUPPLY 1108303 FY 2001-2002 OPEN PURC 0.00 -131.43
TOTAL CHECK 0.00 -788.56
1020 592075 04/05/02 1695 3M 2708405 TRANSFER TAPES 0.00 508.56
1020 592075 04/05/02 1695 3M 2708405 TRANSFEItTAPES 0.00 2929.67
1020 592075 04/05/02 1695 3M 2708405 TRANSFER TAPES 0.00 1591.15
1020 592075 04/05/02 1695 3M 2708405 TRANSFER TAPES 0.00 68.39
TOTAl=CHECK 0.00 5097.77
1020 592076 04/05/02 2573 4IMPRINT, INC. 1101201 MAGNETS 0.00 552.33
1020 592077 04/05/02 7 ABAG PLAN CORPORATION 1104540 LEGAL COSTS/FAY 0.00 1317.20
1020 592078 04/05/02 13 ACME & SONS SANITATION C 5606640 FY 2001-2002 OPEN PURC 0.00 168.84
1020 592078 04/05/02 13 ACME & SONS SANITATION C 1108321 RENTAL 2/23-3/22 0.00 154.13
TOTAL CHECK 0.00 322.97
1020 592079 04/05/02 2611 ACOUSTECHS SOUND & COf4MU 1106500 WIR TX10 EMITTER MIXER 0.00 25r
1020 592080 04/05/02 29 LYNNE DIANE AITKEN 5806449 SERVICE AGREEMENT FOR 0.00 253.00
1020 592081 04/05/02 1795 ALL CHEM SUPPLY CO INC 5208003 SUPPLIES #16671 0.00 397.54
1020 592081 04/05/02 1795 ALL CHEM SUPPLY CO INC 5208003 SUPPLIES #16671 0.00 10.61
TOTAL CHECK 0.00 408.15
1020 592082 04/05/02 2319 ALL CITY MANAGEMENT SERV 1108201 PUBLIC WORKS CONTRACT 0.00 7487.40
1020 592083 04/05/02 2345 ALTA TRANSPORTATION CONS 1108601 FEASIBILITY STUDIES 0.00 2000.00
1020 592084 04/05/02 2636 AMERICAN PUBLIC WORKS AS 1108601 SUPPLIES #16674 0.00 55.43
1020 592085 04/05/02 2623 AMERICAN SAFETY TRAINING 1108201 SEMINAR SFTY TRAIN (4) 0.00 1650.00
1020 592086 04/05/02 1515 APPRAISAL RESEARCH CORPO 1108101 APPRSL CITY PROPERTIES 0.00 4000.00
1020 592087 04/05/02 M AR~, GURCAN 580 Refund: Check - Rental 0.00 300.00
1020 592088 04/05/02 57 ARAMARK 1104510 COFFEE SERVICE 0.00 519.29
1020 592089 04/05/02 M2002 ARMA INTERNATIONAL 1104300 ANNUAL DUES K.SMITH 0.00 170.00
1020 592090 04/05/02 2501 AT&T BROADBAND 1106500 4/01-4/30 0.00 4.85
1020 592090 04/05/02 2501 AT&T BROADBAND 1103300 4/01-4/30 0.00 14.56
TOTAL CHECK 0.00 19.41
1020 592091 04/05/02 720 BATTERY SYSTEMS 6308840 FY 2001-2002 OPEN PURC 0.00 ~
DATE 04/04/02 TIME 15:28:09 - FINANCIAL ACCOUNTING
04/04/02 CITY OF C~eF~'It.0 PA~E
,~COUNTIWG P~RIOD: 10/02 CH~CK ~l~'~'~ - DZ~~
~ - 110 - ~ ~
1020 592091 04/0~/02 720 ~Y SY~ 6309840 ~ 2001-2002 O~ ~C 0.00 161.09
1020 ~92091 04/05/02 720 ~'z-z~Y SYS~ 6308840 ~ 2001-2002 OP~ ~C 0.00 77.83
~ ~CK 0.00 336.23
1020 5920~2 04/05/02 ~1 DR JOEL BER~ ~806449 S~VX~ ~E~ ~R 0.00 29.00
1020 592093 04/0S/02 100 ~Z X~X~ SYS~ 1104300 ~ ~001-2002 OP~ ~C 0.00 376.2~
1020 ~92093 04/05/02 100 ~X I~Z~SYS~ 1104300 ~2001-2002 O~ ~C 0.00 600.ST
~~ 0.00
1020 ~2094 04/05/02 1066 BR~X~-~XS I~S~X 5208003 SERVX~ F~2002 0.00 ~3433.01
1020 592095 04/05/02 15~0 BUSIES & ~ ~RTS 1106201 OS~XNX~ SY~ 0.00 320.0~
1020 592096 04/05/02 1367 C A P X 0 1101201 ~IO~ ~NF L.~E 0.00 ~45.00
X030 5920~ 04/05/02 12~ ~ ~Z~XA ~ 1103500 PR~X~ ~2002 0.00 2S3.66
1020 59209~ 04/05/02 1460 ~Z ~IRO 6104600 ~X~ WORK 3/4-4/01/ 0.00 1064.05
1020 ~92099 04/05/02 146 ~H 1106647 Pmz-t-f~H 2/12-4/01 0.00 44.45
1020 S92099 04/05/02 146 ~H 5806349 P=~u'f ~H 2/12-4/01 0.00 129.62
1~~ 592099 04/05/02 146 ~H 1106100
I 592099 04/05/02 146 ~H 1106248 P~ ~H 2/12-4/01 0.00 43.~2
~ ~E~ 0.00 239.17
1020 592100 04/05/02 149 ~H 1100000
1020 592100 04/05/02 149 ~H 110T200 Pmrz'Y ~H 3/19-4/03 0.00 1~.00
1020 5~2100 04/05/02 14~ ~H 1100000 P~r~'Y~H 3/19-4/03 0.00 -9.00
1020 592100 04/05/02 149 ~ 1106448 P~H 3/19-4/03 0.00 42.~
10~0 5~100 04/05/02 149 ~H 1104400 ~k'~-~ ~H 3/1~-4/03 0.00 30.T~
1020 592100 04/05/02 14~ ~H 1101201 P~ ~H 3/1g-4/03 0.00 6.00
1020 592100 04/05/02 149 ~H 1101000 ~-z-z'f~H 3/19-4/03 0.00 42.90
~020 59~100 04/0~/02 149 ~H 1~0~301 P~ ~H 3/19-4/03 0.00 30.00
~ ~E~ 0.00 165.59
X020 592~0X 04/05/02 152 ~:~X~ ~U~TX~ ~101500 ~XH~S 0.00 63.96
1020 592102 04/05/02 M ~X~, YO~ 580 Reft: ~eck - SPRX~ 0.00 85.00
X020 592Z03 04/05/02 M ~OU, ~ ~ 58O Ref~d: ~eck - S~I~ 0.00 154.00
X020 502X04 04/05/02 1333 ~S ~E SOL~XONS 5506549 ~PLX~ ~16030 0.00 512.00
z020 592X05 04/05/02 ~002 ~A 2002 ~NF~ 1104100 ~ 4/29-5/03 0.00 365.00
1020 592106 04/05/02 176 ~ZT ~ ~ O~ZONS ~03S00 ~L ~R ~ 0.00 32.00
1020 592107 04/05/02 178 ~l~ LX~ & ~XD~ 110 ~T*~ P~ 4/1-5/1 0.00 36.55
1;~* 592108 04/05/02 1179 ~X~T 1103300 ~Y B~SS~ 2002 0.00 529.62
RUN DATE 04/04/02 TXME 15:28:10 - FINANCIAL
04/04/02 CITY OF CUP~.TINO PAGR 3
ACCOtJ~rtX~(3 P~.XOD: 10/02 CHECK REGISTER - DXSBUI~BM~' FUND
SELECTXO~ CRITERIA: tran~mc~:.tran,,_dar, e be~'ween "04/01/2002" and "04/05/2002"
FUND - 110 - GENEI~L ~
CASH ACCT CHECK NO ISSUE DT .............. VENDOR ............. FUND/DEPT ..... DESCRIPTION ...... SALES TAX AMOUNT
1020 592109 04/05/02 1194 COURTESY TOW 6308840 FY 2001-2002 OPEN PURC 0.00 65.00
1020 592110 04/05/02 191 CUPERTINO CIhaJ~ER OF C0M 1103300 M~MBERSHIP #19854 0.00 827.00
1020 592111 04/05/02 194 CUPESTINO SUPPLY INC 2708405 PARTS/SUPPLIES 0.00 62.34
1020 592111 04/05/02 194 CUPERTINO SUPPLY INC 5606640 FY 2001-2002 OPEN PURC 0.00 222.64
1020 592111 04/05/02 194 CUPERTINO SUPPLY INC 1108312 PARTS/SUPPLIES 0.00 47.76
1020 592111 04/05/02 194 CUPERTINO SUPPLY INC 1108504 FY 2001-2002 OPEN PURC 0.00 ?6.55
TOTALC~IECK 0.00 409.29
1020 592112 04/05/02 198 CUPERTINO UNION SCHL DIS 5806349 R~NTAL JULY-JA~WJARY 02 0.00 117.26
1020 592113 04/05/02 2085 DB PR0~IOTIONS 1101200 SERVICE AWARDS 0.00 96.35
1020 592113 04/05/02 2085 DB PR(X40TIONS 1101200 SERVICE AWARDS 0.00 242.92
1020 592113 04/05/02 2085 DB PR(~4OTIONS 1101200 SERVICE AWARDS 0.00 235.83
TOTAL CHECK 0.00 575.10
1020 592114 04/05/02 M DE PAXVA, VALSRIA 580 Refund: Check - SPRING 0.00 59.00
1020 592115 04/05/02 211 DELTA DSNT~J~ PLAN OF CA 110 CEA 1539-003 APR2002 0.00 6370.83
1020 592115 04/05/02 211 DELTA DENTAL PLAN OF CA 110 OE3 1539-002 APR2002 0.00 4176.48
1020 592115 04/05/02 211 DELTA DSNTAL PLAN OF CA 110 UNREP 1539-001 APR2002 0.00 345
TOTAL CHECE 0.00 1400,
1020 592116 04/05/02 1492 DENCO SALES COMPANY 2708405 SUPPLIES #8169 0.00 232.20
1020 592117 04/05/02 212 DEPARTMF~T OF CONSERVATI 110 SEISMIC FEES 1/1-3/31 0'.00 4810,68
1020 592117 04/05/02 212 DEPARTMENT OF CONSERVATZ 110 SEISMIC FEES 1/1-3/31 0.00 361.00
1020 592117 04/05/02 212 DEPARTMENT OF CONSERVATI 1100000 SEISMIC FEES 1/1-3/31 0.00 -258.58
TOTAL CRECK 0.00 4913.10
1020 592118 04/05/02 1242 DIGITAL PRINT IMPRESSION 1104310 LOGO ENVELOPS NON WINO 0.00 2517.35
1020 592118 04/05/02 1242 DIGITAL PRINT IMPRBSSI0~I 1104310 LOGOLerA-£~P, HEAD 0.00 3068.19
1020 592118 04/05/02 1242 DIGITAL PRINT IMPRESSION 1104100 MAILING LABELS 0.00 536.82
TOTAL CHECK 0.00 6122.36
1020 592119 04/05/02 220 DISCOUNT SCHOOL SUPPLY 5806349 SUPPLIES #15671 0.00 227.19
1020 592120 04/05/02 223 DON & MIKE'S SWEEPING IN 2308004 FY 2001-2002 OPEN PURC 0.00 10876.05
1020 592121 04/05/02 225 DONE RIGHT ROOFING & GUT 1108501 TIME/MATERIAI~ 0.00 63.75
1020 592121 04/05/02 225 DONE RIGHT ROOFING & GUT 1108508 TINE/MATERIALS 0.00 586.99
TOTAL CHECK 0.00 650.74
1020 592122 04/05/02 2468 ANN D~qBAR 5806449 ' SERVICE AGREID4ENT FOR 0.00 552.00
1020 592123 04/05/02 M Downa, Dolores 550 Refund: Check - Canada 0.00 175.00
1020 592124 04/05/02 240 ELIZABETH ANN ELLIS 1101070 3/25 TRANSCRIPTION 0.00 425.n~
RUN DATE 04/04/02 TIME 15:20..10 - FINANCIAL ACCO~,qT~ING
04/04/02 C~TY OF CUPBR?INO PAGE 4
A~'(X~).~Ifi~ PERIOD: 10/02 CHBCK RImIST~It - DISBURSBI~HT ~
~p~n*eTL'ZQ~4' CRITERIA: ~F&rmmc~.~Farm_ctm~e between "04/01/2002' m~ e04/05/2002"
~H A~~ IS~ .............. ~R ............. ~/DE~ ..... DBS~I~I~ ...... ~ T~ ~
1020 ~9212~ 04/05/02 1949 ~ S~VI~S 1108503 ~ 0.00 162.~8
1020 592126 04/05/02 M ~, ~r~ 550 Ref~d: ~eck - Rental 0.00 300.00
1020 S92127 04/05/02 2361 FI~ ~ 6104800 ~A~ 0.00 99.95
1020 592127 04/05/02 2361 FI~~ 5606640 ATaT~~ 0.00 201.95
1020 592127 04/05/02 2361 FI~~ 1104100 ~~Y 0.00 39.70
1020 592127 04/05/02 2361 FX~~ 1104100 ~L,FI~ ~ 0.00 122.90
1020 592127 04/05/02 2361 FI~ ~ 6104800 ~I~/~A 0.00 50.3T
~ ~CK 0.00 514.87
1020 592128 04/05/02 2361 FI~~ 1101200 ~AT~~O02 0.00 956.31
1020 592129 04/05/02 2361 FI~T ~ 5506549 ~ 2002 STA~ 0.00 299.25
1020 592129 04/05/02 2361 FI~~ 5506549 ~2002 STA~ 0.00 350.99
~ ~ 0.00 650.24
1020 592130 04/05/02 ~002 FOR~ 5506549 ~S~I~ ~R ~ ~ 0.00 29.98
1020 592131 04/05/02 268 ~ BR~ SE~I~ SYS 1108505 P~/S~PLI~ 0.00 86.30
1020 592131 04/05/02 268 ~ BR~ Sg~Z~ SYS 1108504 P~TS/~PLIES 0.00 104.00
~ ~CK 0.00 190.30
: 592132 04/05/02 2648 ~ISE T~B~ 1104200 B.~I~T~ SYS ~TA 0.00 1400.00
1020 592133 04/08/02 273 ~ ~Z~ S.S. DX~. 22040~X ROP~ ~E 0.00 404.86
1020 592133 04/05/02 273 ~ ~ON S.S. D~ST. 22040~ ~T B~F~T 0.00 78.50
~ ~CK 0.00 483.36
1020 592134 04/05/02 281 ~~ 1108315 P~TS/~PPLY 88~62 0.00 237.04
1020 592135 04/05/02 1741 ~V~XON, INC. 610 ~E T~ 0N~ 0.00 255.05
1020 592~38 04/05/02 1741 ~~I~, INC. 6109856 ~ 420 ~ ~ T~ 0.00 6037.66
1020 592135 04/05/02 1741 ~~XON, INC. 6109856 ~ A~ER 0.00 -3091.50
1020 592135 04/05/02 1741 ~~x~, INC. 6109856 USE T~ ~ ~ 0.00 -255.05
~ ~ECK 0.00 2946.16
X020 592~36 04/05/02 298 ~X~ XNC ~08504 ~ 200~-2002 OP~ ~C 0.00 268.20
1020 592136 04/05/02 298 ~X~ XNC 6308840 ~ 200~-2002 0Pn ~C 0.00 2~3.77
~020 592136 04/05/02 298 ~ ~NC ~08830 ~ 200~-2002 OPn ~C 0.00 61.17
1020 592136 04/05/02 298 G~ XNC ~108315 P~/SUPPLY ~8163 0.00 425.64
~020 592136 04/05/02 2S8 ~X~n XNC 6308840 ~ 200~-2002 OP~ ~C 0.00 102.33
~ ~CK 0.00 1071.11
~020 592137 04/05/02 301 ~ E~XC ~ IHt 1~08504 P~TS/~Phl~ 0.00 19.41
1020 592137 04/05/02 301 ~ ~IC ~ INC 1108504 P~TS/~PPLI~ 0.00 ~2.2X
1020 592138 04/05/02 1364 ~Z~IN PAI~I~ INC 1108507 TI~/~RI~ 0.00 4958,00
10'~* 592139 04/08/02 315 Jl~ ~F 5806449 SERVI~ ~~ ~R 0.00 348.00
RUN DATE 04/04/02 TIME 15:28:11 - FINANCIAL ACCOT~iTII~
04/04/02 CITY OF CUI~RTINO PAGE 5
,t,.CCO~ING PERIOD: 10/02 CHECK REGISTER - DISBURSENBNT ~
SELECTION CRITERIA: t.~&nlact..t.~ran,=_dal:e bet. ween "04/01/2002" and "04/05/2002"
CASH ACCT CI.I~CK NO ISSUS DT .............. VBNIX)R ............. ~/DEPT ..... D~SCRIPTION ...... ~ TAX AHOUNT
1020 592140 04/05/02 142002 HANCOCK, I,MUtY 1100000 UTILITY TAX REFD MISC 0.00 75.89
1020 592140 04/05/02 H2002 HANCOCK, lARRY 1100000 UTILITY TAX RBFD POE 0.00 205.37
1020 592140 04/05/02 M2002 HANCOCK, LARRY 1100000 UTILITY TAX REFD P.BEL 0.00 37.28
TOTA~CHBCK 0.00 318.54
1020 592141 04/05/02 1235 HIGID4ARK LIFE INSURANCE 110 LIFE & AD&D APRIL2002 0.00 7807.16
1020. 592141 04/05/02 1235 HIGHMARK LIFE INSURANC'~ 6414570 LTD APRIL2002 0.00 6332.05
TOTAL CHECK 0.00 14139.21
1020 592142 04/05/02 2540 HILTI 1108501 SF 121-A 3.0 NIMH 0.00 808.63
1020 592143 04/05/02 2612 RONALD HOGUE 5506549 SERVICE AGREi~4~.qT FOR 0.00 120.00
1020 592144 04/05/02 M HONG, S.H. 580 Refund: Check - SPRING 0.00 29.00
1020 592145 04/05/02 1898 HORIZON 1108312 FY 2001-2002 OPEN PURC 0.00 382.08
1020 592145 04/05/02 1898 HORIZON 1108314 FY 2001-2002 OPEN PURC 0.00 119.06
1020 592145 04/05/02 1898 HORIZON 1108321 FY 2001-2002 OPEN PURC 0.00 338.03
1020 592145 04/05/02 1898 HORIZON 1108315 FY 2001-2002 OPEN PURC 0.00 119.06
1020 S92145 04/05/02 1898 HORIZON 1108303 FY 2001-2002 OPEN PURC 0.00 119.06
1020 592145 04/05/02 1898 HORIZON 1108321 FY 2001-2002 OPEN PURC 0.00 67.66
1020 592145 04/05/02 1898 HORIZON 1108312 FY 2001-2002 OPEN PURC 0.00
TOTAl, CHECK 0.00 126-. ..
1020 592146 04/05/02 1628 HYDROTBC IRRIGATION EOUI 1108303 INSTA~I~NEH IRRIGATION 0.00 4320.00
1020 592147 04/05/02 339 ICBO 1107501 682809 J.ANTONUCCI 0.00 60.00
1020 592148 04/05/02 2528 INDOOR BILl,BOARD 1108314 FY 2001-2002 OPEN PURC 0.00 164.38
1020 592148 04/05/02 2528 INDOOR BII.,LBOARD 1108302 FY 2001-2002 OPEN PURC 0.00 164.38
1020 592148 04/05/02 2528 INDOOR BILLBOARD 1108312 FY 2001-2002 OPEN PURC 0.00 164.38
1020 592148 04/05/02 2528 INDOOR BILLBOARD 1108303 FY 2001-2002 OPEN PURC 0.00 164.38
1020 592148 04/05/02 2528 INDOOR BILLBOARD 1108315 FY 2001-2002 OPEN PURC 0.00 164.36
TOTAL CHECK 0.00 821.88
1020 592149 04/05/02 2455 INTEGRATED INFO. SYSTEMS 6109858 HELP/TECH SUPPORT 0.00 187.50
1020 592150 04/05/02 M ~ANG, ~NNY 580 Refund: Check - SPRING 0.00 80.00
1020 592151 04/05/02 M KIN, HYUN 580 Refund: Check - SPRING 0.00 61.00
1020 592152 04/05/02 M KlM, KI-JONO 580 Refund: Check - SPRING 0.00 80.00
1020 592153 04/05/02 M KIM, KI~OOK 580 Refund: Check - SPRINO 0.00 95.00
1020. 592154 04/05/02 M KZM, NAN 580 Refund: Check - SPRING 0.00 55.00
1020 592155 04/05/02 372 KINKO'S INC 5706450 SUPPLIES #21767 0.00 25.98
1020 592156 04/05/02 2231 DAVE KNAPP 1101200 CONFERSIqCE/SANDIEGO 0.00
RUN DATE 04/04/02 TIME 15:28:12 -FZNANCZAL ACCOI~iTINO
04/04/02 CITY OF CUPERTINO PAGE
ACC'(X.~ITING PERIOD: 10/02 CHECK REGISTER - DISBORSm4EHT In. mD
SiJr~CTI(~ CRITERIA: t:rarmact.~'rans_dal~e bet'veen "04/01/2002" and "04/05/2002*)
FT~D - 110 - GEN~RATa FLeD
CAEH AC'CT CH~CK NO ISSUE DT .............. V~IDOR ............. FF,~iD/DEPT ..... DI;SCRIPTXON ...... SA~ES TAX
1020 Sg2157 04/05/02 376 IOIORR SYSTEMS INC 5606620 SERVICI/POOL HEATER 0.00 SS8.03
1020 592158 04/05/02 381 HRMA K~IDARGI 1101031 GRANT/TELECO~4UNICATIO 0.00 S00.0g
1020 592159 04/05/02 2300 BARBARA IAUX 5506549 SERVICE AGREEMENT FOR 0.00 160.00
1020 592160 04/05/02 392 I,EAGt~ OF CAI~XFOREIA CIT 1101500 C.ATTRIqY CONF 5/1-5/3 0.00 375.00
1020 592161 04/05/02 397 LESLIE*S POOL SUPPLIES ! 1108321 PARTS/SUPPLIES 0.00 43.18
1020 592162 04/05/02 2653 LIFE SAFETY ASSOCIATES 1104400 SUPPLIES #16584 0.00 172.12
1020 592163 04/05/02 400 LIFETIME T~ilqIS INC 5706450 SERVICE AGREEMENT FOR 0.00 36458.28
1020 592164 04/05/02 M LO, ~ 580 Refund: Check - SPRING 0.00 140.00
1020 592165 04/05/02 N LOOSLEY, I(RISTINE 580 Refund: Check - SPRING 0.00 26.00
1020 592166 04/05/02 2588 RICHARD A. HADDI~ 1104400 SERVICE AGREEMENT FOR 0.00 500.00
1020 592166 04/05/02 2588 RICHARD A. MADDElq 1104400 SERVICE AGREEMENT FOR 0.00 500.00
1020 592166 04/05/02 2588 RICHARD A. MADDElq 1104400 SERVICE AGREEMENT FOR 0.00 500.00
T~'-T, CHECK 0.00 1500.00
10~0 592167 04/05/02 N MAYA~, HASAKO 580 Re£und: Check - SPRING 0.00 160.30
1020 592168 04/05/02 1175 MOflIORTSR & YOUNG 1108201 SUPPLIES #27139 0.00 26.11
1020 S92169 04/05/02 2652 I~;DIEVAL TIMES DINNER 5806349 SHOtJ DINING 0.00 1554.75
1020 592170 04/05/02 M MEYER, LRONOR 580 Refund: Check - SPRING 0.00 59.00
1020 592171 04/05/02 444 MINTON*S LUMBER 5806349 PART/SUPPLY #25026 0.00 25.63
1020 592171 04/05/02 444 MINTOIq~S IA,~BR 5806349 PART/SUPPLY #25027 0.00 42.85
TOTAL CHECK 0.00 68.48
1020 592172 04/05/02 448 MISSION V~Y FORD INC 6308840 REPAIR/PART #8125 0.00 146.65
1020 592173 04/05/02 2650 HON&~d('u(AK 1104510 ~OB ADVERTISEMENT 0.00 25.00
1020 592174 04/05/02 465 NOUL~,~A/N Vl~i' G,MU)EN ~ 1108315 ~ 2001-2002 OPEN PURC 0.00 110.31
1020 592174 04/05/02 465 r4OL~TAIN VIEN GARDEN CBN 1108314 FY 2001-2002 OPEN PURC 0.00 64.84
1020 S92174 04/05/02 465 MOUNTAIN VIER GARDEN CEN 1108312 FY 2001-2002 OPEN PURC 0.00 48.65
1020 592174 04/05/02 465 MO~AIM VIEN GARDEN CEN 1108315 FY 2001-2002 OPEN PURC 0.00 14.62
TOTAL CHSCK 0.00 238.42
1020 592175 04/05/02 1137 EXI~ENI~gJRRAY 1101500 REIMEURSS 1/lo-3/28 0.00 155.62
1020 592175 04/05/02 1137 BXLBEN MURRAY 1101500 ADV CONF' 5/1-5/3 0.00 126.00
1020 592175 04/05/02 1137 EXLBE~iMURRAY 1101500 REIMEURSE 1/10-3/28 0.00 46.54
'I'OT)J~C~CE 0.00 328.16
Ru3q DATE 04/04/02 TIME 15:28:12 - FINANCIAL ~ZNG
04/04/02 CITY OFCUPER?INO PAGE 7
ACCO~m'A'*IqG PERIOD: 10/02 CHECK REGISTER - DISBURSEMENT FT~D
SEI,RCTION CRITERIA: transac~.~rans_date between "04/01/2002" and t04/05/2002' "'
~ - 110 - GS~SRAL ~
CASH ACCT CH~CK NO ISSUE DT .............. VENDOR ............. FUND/DEPT ..... DESCRIPTION ...... SALES TAX
1020 592176 04/05/02 475 NATIONAL CONSTRUCTION RE 1108312 FENCE RENTA~ 3/6-4/2 0.00 41.65
1020 592176 04/05/02 475 NATIONAL CONSTRUCTION RE 1108314 FENC~ RENTAL 3/14-4/10 0.00 91.63
TOTAL CHECK 0.00 133.28
1020 592177 04/05/02 1550 ADONIS L NECESITO 1103500 SERVICE AGREEMENT FOR 0.00 870.00
1020 592178 04/05/02 2443 NEW HORIZONS 6104800 20 LOCAL TECHNICALCOU 0.00 6000.00
1020 592179 04/05/02 485 NEWMAN TRAFFIC SIGNS 2708405 FY 2001-2002 OPEN PURC 0.00 520.00
1020 592180 04/05/02 H2002 NEWPORT BEACH HARIOTT HO 1101500 RESV/CONF 5/1-5/3 0.00 388.80
1020 592181 04/05/02 2402 MICHAEL O~QUIN 5806449 SERVICE AGREEMENT FOR 0.00 96.30
1020 592182 04/05/02 2206 O.K. FIRE EQUIPMENT COMP 1104400 TIME/MATERIALS 0.00 139.95
1020 592183 04/05/02 493 .OFFICE DEPOT 1108101 SUPPLIES 0.00 58.23
1020 592183 04/05/02 493 OFFICE DEPOT 1106200 SUPPLIES 0.00 128.87
1020 592183 04/05/02 493 OFFICE DEPOT 1103500 SUPPLIES 0.00 102.00
1020 592183 04/05/02 493 OFFICE DEPOT 1106100 SUPPLIES 0.00 186.65
TOTAL CHECK 0.00 453.75
1020 592184 04/05/02 1190 RONALD OLDS 1103500 SERVICE AGREEMENT FOR 0.00
1020 592185 04/05/02 M OLIEL, ILANA 580 REFUNDS 138170 & 13817 0.00 100.00
1020 592186 04/05/02 505 ORLANDI TRAILER 6308840 REPAIRS #8181 0.00 279.11
1020 592186 04/05/02 505 ORLANDI TRAILER 2708405 PARTS/SUPPLY #8164 0.00 197.45
TOTAL CHECK 0.00 476.56
1020 592187 04/05/02 507 DAN OSBORNE DBA:OSBORNE 1108501 TIME/MATERIALS 0.00 450.00
1020 592187 04/05/02 507 DAN OSBORNE DBA:OSBORNE 1108503 TIME/MATERIALS 0.00 335.00
1020 592187 04/05/02 507 DAN OSBORNE DBA:OSBORNE 1108501 TIME/MATERIALS 0.00 385.00
TOTAL CHECK 0.00 1170.00
1020 592188 04/05/02 511 PACIFIC BELL 6104800 3/20-4/19 0.00 69.02
1020 592188 04/05/02 511 PACIFIC SELL 1108501 3/16-4/15 0.00 13.35
TOTAL CHECK 0.00 82.37
1020 592189 04/05/02 2444 PACIFIC GAS & ELECTRIC 1108830 SERVTO 3/31/02 0.00 21626.30
1020 592190 04/05/02 M PASTUSZKA, LUCYNA 580 REFUNDS 138582 & 13858 0.00 80.00
1020 592191 04/05/02 M PEDERSRN, KRISTIN 580 Refund: Check - SPRING 0.00 50.00
1020 592192 04/05/02 526 PENINSULA DIGITAL IMAGIN 2709448 COPIES/MYlAR 0.00 134.07
1020 592193 04/05/02 542 PINE CONE LUMBER 1108503 PARTS/SUPPLY #8106 0.00 59.93
1020 592193 04/05/02 542 PINE CONE LUHBER 1108503 PARTS/SUPPLY #8106 0.00 319.69
TOTAL CRECK 0.00 379
RUN DATE 04/04/02 TIME 15:28:13 - FINANCIAL ACCOUNTING
04/04/02 CIT~ OF CUPERTINO PAGE 8
ACCOu~IIqG P~RZOD: 10/02 CI.I~CKREGZ~ - DZSBURS~Mi~IT ~
~--.~ZON CRZ'Z'~R.Z&: transact.tranE_dace between "04/01/2002' and .04/05/2002"
FUND - 110 - GEN~RAI, FU~D
CASH ACC'I'CH~CKNO ZSSU~DT .............. VENDOR ............. FU~ID/DEPT ..... D~SCRIPTZO~ ...... SAILS TAX AMOUNT
1020 592194 04/05/02 545 ~BFF PISERCHZO 5606640 GOI,F COURSE CONTRACT 1 0.00 1844.00
1020 592195 04/05/02 g Pearce, Kimbe~ly 550 Re£und~ Check - cancel 0.00 300.00
1020 592196 04/05/02 2649 OUZIZ, 5506549 SUPPLIES #16036 0.00 54.63
1020 59219? 04/05/02 1071 R~PUBI, IC ~/,EC'ZltlC 1108830 TIt4~/M~TBRI/M,S 0.00 3718.70
1020 592198 04/05/02 2482 RI. II C(~$UT.,TZNG 6104800 ~.SEVERANCE g/g 3/15 0.00 1008.00
1020 592198 04/05/02 2482 RHZ CONS'u'I,TZNG 6104800 ~.S]~fSRANC~ #/E 3/22 0.00 1008.00
TOT~.,CH~CK 0.00 2016.00
1020 592199 04/05/02 H ROQUig4ORB, P 580 REFUNDS 138357 & 13835 0.00 59.00
1020 592200 04/05/02 601 ROYal, BRASS IgC 1108314 PAR?S/EUPPLIRS #8044 0.00 25.02
1020 592201 04/05/02 2043 RUDE'S PEST t4M~G~,IBNT 1108505 CZ. lNG STATIONS/RAT CC~T 0.00 180.00
1020 592201 04/05/02 2043 RUDE~S PEST t4/~IAG~ 1108504 CHNG $T&?Z0~S/RAT COITI' 0.00 180.00
1020 592201 04/05/02 2043 RUDE'S PRST t4AW~GBMENT 1108506 CHNG STATIONS/RAT CONT 0.00 180.00
1020 592201 04/05/02 2043 RUDE'S PEST NANAG~,I]~I' 1108314 CHItG $T&?ZONS/RAT COIqT 0.00 180.00
1020 592201 04/05/02 2043 RUDR'S P~ST ~SHENT 1108321 CHNG ST&TZONS/RAT COITZ' 0.00 180.00
TOTAl, CI~C'K 0.00 900.00
592202 04/05/02 437 S V C N 1104300 FY 200~-2002 OPEN PURC 0.00 37.50
1020 592202 04/05/02 437 S V C g 1104300 FY 2001-2002 OPEN PURC 0.00 37.50
TOTAl, CHECK 0.00 75.00
1020 592203 04/05/02 345 SAN FRANCZSCO ELEVATOR 1108502 FY 2001-2002 OPEN PURC 0.00 148.44
1020 592203 04/05/02 345 SAN FRANCZSCO S~EV&TOR 1108501 FY 2001-2002 OPEN PURC 0.00 440.01
TOTAl, CHECK 0.00 588.45
1020 592204 04/05/02 631 SANTA CLARA CO DEPT ~i)'Z 1108005 S?&T~ US? SERV FRR 99/ 0.00 30.00
1020 592204 04/05/02 631 SANTA ~ CO DEPT ~gV! 1108005 STATS HAZ/UST SERV FEE 0.00 27.50
TOTAl, CHECK 0.00 57.50
1020 592205 04/05/02 628 SANTA CI, ARA CO~I'Y SH~R! 1102100 ~ ~FORCEHENT SERVIC 0.00 469939.3~
1020 592206 04/05/02 639 SAVZN CORPORATION (COPZE 5706450 #1-5060106 1/8-4/8 0.00 9.44
1020 592206 04/05/02 639 SAVIN CORPORA?ZON (COPZB 1104310 #1-5060106 1/8-4/8 0.00 59.98
1020 592206 04/05/02 639 SAVZN CORPORATION (COPZE 5806449 #1-5060106 1/8-4/8 0.00 13.68
1020 592206 04/05/02 539 RAVZN CORPORATZON (COPZR 5806349 #1-5060106 1/0-4/8 0.00 12.98
1020 592206 04/05/02 639 SAVZN CORPORATZON (COPZE 5806249 #1-5060106 1/8-4/8 0.00 51.47
1020 592206 04/05/02 639 SAVZN CORPORATZON (COPZE 5506549 #1-5060106 1/8-4/8 0.00 47.31
TOTAI, CHECE 0.00 194.85
1020 592207 04/05/02 2651 SCANTRON CORPORATZON 1104100 HZSC TAX FORMS #16573 0.00 341.33
1020 592208 04/05/02 N2002 SCHAKOff, ROBERT 1100000 UTZ~ZTY TAX REFT~iD 0.00 23.71
102.~0 592209 04/05/02 647 E~IZAB~I'H SHANNON 5806449 SERVZCKAGREEN~NT FOR 0.00 529.00
RUN DATE 04/04/02 TXPIX 15:28:13 - FXNANCXAL ACCOt,qqTZNG
04/04/02 CITY OF CUPERTINO PAGE 9
ACCO~flNO PERIOD: 10/02 CHECK RSGISTF, R - DISBURSBMSNT FU~'D
SELECTION CRITERIA: CransacC.Crans_date between '04/01/2002' and #04/05/2002'
~ - 110 o GENERAL ~
CASH ACCT CH~CKNO ISSUE DT .............. V~NDOR ............. FUND/DEFT ..... DESCRIPTION ...... SALES TAX ~d~JNT
1020 592210 04/05/02 M SH~hHPE, REBECCA 580 Refund: Check - SPRING 0.00 59.00
1020 592211 04/05/02 2383 SILICON VAT.T.~ANIMAL CO 1104530 4TH QTR 2001-2002 0.00 60513.34
1020 592212 04/05/02 1954 SPHERION CORPOP. ATION 1107501 J.GEORGE W/E 3/17/02 0.00 209.25
1020 592212 04/05/02 1954 SPHERION CORPORATION 1107501 J.GEORGE W/E 3/10/02 0.00 1100.25
TOTAL CH~CK 0.00 1309.50
1020 592213 04/05/02 684 CHERYL sTODDARD 5806449 SERVICE AGRE~M~NT FOR 0.00 316.25
102Q 592214 04/05/02 529 SUNGA~D PENTAMATION, INC 1104100 C.FERRELLS~R 5/22,23 0.00 840.00
1020 592215 04/05/02 698 TALL¥'S E~'I'~KPRISES 2708403 FY 2001-2002 OPeN PURC 0.00 51652.74
1020 592216 04/05/02 700 TARGET SPECIALTY PRODUCT 1108314 FY 2001-2002 OPEN P~RC 0.00 232.45
1020 592216 04/05/02 700 TARGET SPECIAlTY PRODUCT 1108303 FY 2001-2002 OPEN ~C 0.00 232.45
1020 592216 04/05/02 700 TARGET SPECIALTY PRODUCT 1108312 FY 2001-2002 OPEN PURC 0.00 654.93
1020 592216 04/05/02 700 TARGET SPECIALTY PRODUCT 1108315 FY 2001-2002 OPEN PURC 0.00 232.45
1020 592216 04/05/02 700 TARGET SPECIALTY PRODUCT 1108312 FY 2001-2002 OPEN PURC 0.00 232.45
1020 592216 04/05/02 700 TARGET SPECIALTY PRODUCT 1108407 FY 2001-2002 OPEN PURC 0.00 423.04
TOTAL CHECK 0.00 2007.77
1020 592217 04/05/02 701 TARGET STORES 1106343 SUPPLIES #25036 0.00
1020 592217 04/05/02 701 TARGET STOR~S 5806349 SUPPLIES #15678 0.00 18. &
1020 592217 04/05/02 701 TARGET STORES 1106265 SUPPLIES #25036 0.00 9.53
1020 592217 04/05/02 701 TARGET STOE~S 5806349 SUPPLIES #25022 0.00 39.60
1020 592217 04/05/02 701 TARGET STORES 5806349 SUPPLIES #15677 0.00 251.36
TOTAL CHECK 0.00 496.05
1020 592218 04/05/02 708 NANCY THOMPSON 5806449 SERVICE AGREEMENT FOR 0.00 276.00
1020 592219 04/05/02 1538 TMT ~NTERPRISES INC 1108312 CANDLESTICK MIX BASEBA 0.00 352.22
1020 592219 04/05/02 1538 TMT ENTERPRISES INC 1108315 CANDLESTICK MIX BASEBA 0.00 352.23
1020 592219 04/05/02 1538 TMT ENTERPRISES INC 1108314 CANDLESTICK MIX BASEBA 0.00 352.23
TOTAL CHECK 0.00 1056.68
1020 592220 04/05/02 711 TOYS R US 5806349 SUPPLIES #25092 0.00 43.26
1020 592221 04/05/02 725 THIST~RS G~ASTICS INC 5806449 SERVICE A~REEMENT FOR 0.00 12852.50
1020 592222 04/05/02 M Thompson, Dolores 550 Refund: Check - Canada 0.00 175.00
1020 592223 04/05/02 2226 ~T~ITSD R~NTALS#145/HIGHN 2708405 PARTS/SUPPLIES 0.00 91.90
1020 592224 04/05/02 738 VALLEY OIL COI~P~/~Y 6308840 FY 2001-2002 OPEN PURC 0.00 2936.67
1020 592225 04/05/02 310 V~RIPON NIRELESS (FO~R 1108501 #309369653 MAR2002 0.00 73.37
1020 592226 04/05/02 310 VERIZON NIRELESS {FORMER 1102403 #608881609 MAR2002 0.00 73.43
1020 592227 04/05/02 2117 P~tDHA VIGNOLA 5806449 SERVICE AGREEMENT FOR 0.00 135
RUE DATE 04/04/02 TIME 15:26:14 - FINANCIAL ACCOIH'JTING
04/04/02 ¢11"/ OF CUPERTINO PASS Z0
ACCO'U~IN(~ P~RIOD~ 10/02 C~il~CKit~IS'I~ - DXSBURS~M~ITrl~
$'""-'~I'XON CRXTILRXA: transmct.trmnm_dmte bmtveen '04/01/2002' and *04/05/2002'
FUND - 110 - GENERAL FUND
CASH ACCTCHECKNO ISSUEDT .............. VENDOR ............. FUND/DEFT ..... DESCRIPTION ...... SALES TAX AMOU2iT
1020 592228 04/05/02 746 VIKING OFFXC~ PRODUCTS 1106500 SUPPLIES #16037 0.00 367.99
1020 592228 04/05/02 746 VIKING OFFIC~ PRODUCTS 5506549 SUPPLIES #16035 0.00 286.81
1020 592220 04/05/02 746 VIKING OFFICE PRODUCTS 5506549 SUPPLIES #16038 0.00 310.61
1020 592228 04/05/02 746 VIKING OFFICE PRODUCTS 5506549 SUPPLIES #16034 0.00 66.34
TOTAL CHECE 0.00 1031.75
1020 592229 04/05/02 750 VI$I0~SERVICE PLAN (CA) 110 APRIL2002 VISION INSUR 0.00 2107.72
1020 592230 04/05/02 M MASHER, NXCHOLE 500 Refund: Check - SPRING 0.00 00.00
1020 592231 04/05/02 2557 WEST VALLEY CHARTER LINE 5006349 BALANCE/BUS TO DISNEYL 0.00 $000.00
1020 592232 04/05/02 774 NESTERN HIGHWAY PRODUCTS 2708405 FY 2001-2002 OPEN PURC 0.00 489.29
1020 592233 04/05/02 M ~J, XINEI 580 REFT~qDS 137423 & 13742 0.00 27.50
1020 592234 04/05/02 962 LINDA YELAVICH 5506549 SOCIAL/BIRTHDAY SUPPLI 0.00 49.98
TOTAL CASH ACCOUNT 0.00 891194.31
TOTAL FUND 0.00 891194.31
'. REPORT 0.00 891194.31
-. /
RUN DATE 04/04/02 TINE 15:28:14 - FXHANCXAL ACCOUNTING
RESOLUTION NUMBER 02-063
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
April 12, 2002
WHEREAS, the Director of Administrative Services, or their designated representative
has certified'to the accuracy of the following claims and demands and to the availability of funds
for payment hereof; and
WHEREAS, the said claims and demands have been audited as required by law;
NOW; THEREFORE, BE IT RESOLVED that the City Council hereby allows the
following claims and demands in the amounts and from the funds set forth:
GROSS PAYROLL $400,842.71
Less Employee Deductions $(126.701.60)
NET PAYROLL $9,..74.141.11~
Payroll check numbers issued 59534 through 59754
Void check number(s)
CERTIFIED: ~ ~
Director of Administrative Services
PASSED AND ADOPTED at a regular meeting of the City Council of the City of
Cupertino this 15th day of April ,2001, by the following vote:
Vote Members of the City Council
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST: APPROVED:
_ City Clerk Mayor, City of Cupertino
City Hall
10300 Torre Avenue
Cupertino, CA 95014-3255
Telephone: (408) 777-3220
CITY OF FAX: (408) 777-3366
CUPEI INO
DEPARTMENT OF ADMINISTRATIVE SERVICES
SUMMARY
Agenda Item No. Meeting Date: April 15, 2002
SUBJECT
Monthly Treasurer's and Budget Report- February 2002
BACKGROUND
Attached is the Treasurer's and Budget report for the period ended February 28, 2002.
The report includes all funds in control of the City.
Investments
The market value of our current portfolio totaled $43.8 million at month end with a
maturity value of $43.3 million. The City intends to hold invesUnents until maturity to
redeem full value of the securities currently with a maturity value below market value.
The current investment portfolio continues to undergo slight changes in composition each
month as mortgage securities liquidate and the investment dollars are deposited to the
City's Local Agency Investment Fund (LAIF) account. The toal portfolio remained
relatively unchanged during the month of February, as incoming revenues slightly
exceeded offsetting expenditures. ,
The investments of the City of Cupertino are in full compliance with our City investment
policy and/or State law. Investments are tiered to adequately provide the City with
sufficient cash flows to pay its obligations over the next six months.
Revenue/Expenditure Trends
Property taxes and intergovernmental revenues (mostly Motor Vehicle In-Lieu fees)
remain strong, but most General Fund revenues are nmning below budget projections. As
reported previously, transcient occupancy taxes and property transfer taxes are down
significantly from last year due to the current economic downturn. Sales tax revenues are
also down approximately 14% from last year. The budget for Utility User Tax revenues
· -' is overstated due to a $200,000 over-remmitance by (and subsequent refund to) New
West Energy in the fall of 2000. An adjustment in investment revenue has been made to
Printed on Recycled Paper
reflect the liquidation of higher-yielding mortgage securities in recem months. The
resulting revenues (down almost 20% from the prior year-to-date) reflect the drop in
interest rates over the year.
As of the end of February, total General Fund revenues are lagging 6% behind the prior
fiscal year receipts. General Fund operating expenditures, which are also being monitored
closely, remain below budget (8.6 %).
RECOMMENDATION:
Staff recommends that the City Council review and accept the February Treasurer's and
Budget report.
Submitted by: Approved for submission:
Carol T. David W. Knapp
Deputy Treasurer City Manager
of Cu er no
Februnr 2##2
AC~ DA~ I ~8~ ~~ ~
{P~C~SE ~~ D~C~ON [ ~ ~ C~T V~ V~ PRO~S
S~ ~LD
No~
S~~ ~
No~
S~~ P~~
N~
CURRENT PORTFOLIO
CASH
02/28/02 Cupertino National Bank 570,364 .570,364 .570,364 0
~ S70,364 S70,364 S70,364 0
CA I
ICORPORATE BONDS . 0 0 0 0
CORP 0 0 0 0
LA 02/28/02 State Pool 6f 2.97% 25,S41,7~ 2S,S41,?S9 2S,S41,759 0
MONEY ~ FUiVDS
~ 0~8/02 ~hyTrus~Co,nm,ny 6j 2..56% 872 872 872 0
; 02/28/02,Cupertino NatloSweep account 6j 1.35% 828,947 828,947 828,947
IVIIVl I ! 829,818 829,818 829,818 0
i MORTGAGE OBUGA TIONS
07/09/93 O4/1.5/07 { Flil.btC(P) {6k 6.52% 616,.58.2 601,689 656,328 39,74'/
09/30/93 09/15/07 FHLMC(P) t6k 6.48% 1,002,566 924,811 932,187 (70,378)
08/01/01 08/01/0.5 FHLMC(P) {6k 5.38% 1,500,000 1,500,000 1,539,255 39,2.55
08/02/01 02/07/05 [ FHI.,MC(P) {6k 5.07% 1,500,000 ! ,500,000 1,531,688 31,688
08/07/01 08/02/04 !FHLMC(P) {6k 5.26% !,500,000 !,500,000 1,516,557 16,557
09/30/93 05/1s/08 !Fi. MC0') ~6k 6.62% 2,928,314 2,860,000 3,027,90S 99,S91
'MO { [ 9,047,461 8,886,.q00 9,203,920 i~6,4S9
'~US GOVERNMENT SECURITIES
{Tremuty Note {6a 6.33% 2,499,419 2,500,000 2,537,553
01/10/00
O6/3O/02
38,134
06/25/99 11/30/02 Treasury Note 6a 5.90°,4 2,499,583 2,500,000 2,569,{05 69,522
02/07/00 06/30/03 Tre~smy Note 6a 6.62% 2,463,304 2,500,000 2,595,433 132,128
US i 7,462,306 7,S00,000 7,702,090 239,784
:Total Managed Portfolio { 43,4SI,708 43,328,441 43,847,9S1 396,242
· 4.09%
: Average Yield
.Average Lengtb to Maturity (in years) 0.96
City of Cupertino
February 2002
TRUST & AGENCY PORTFOLIO
ACTIVITY DATE ] ADJUSTED i MATURITY MARKET UNREALIZED
[PURCHASE ] MATURITY] DESCRIPTION REF YII~.D COST] VALUE VALUE PROFIT/LOSS
CERTIFICATES OF DEPOSIT'
07/27/01 06/27/02 Cupe~ino Natl(Y~ester Trust) 6b 3.60% ~,~62 38~62 ~8~62 0
Total Trust & A~eney Portfolio ~ 38,962 38,962 38,962
BOI~ RESERV~ PORTFOLIO
Traffic Impact Franklin Fiduciary Trust 192.00% 19,100 19,100 19,100 0
04/06/93 01/01/03 ~ - 93 A ~ Fd {400972) 0.68% 2,833,435 2,833,435 2,833,435 0
12t16tm Mon~ Mkt- O2 ^ ~ Fd O0005 1.3'~/~ 837,134 837,1~ 837,134 0
12/16/92 Mon~ ~ - 92 B ~ Fd {40096 1.36% 1,3:t0,6211 1,330,628 1,330,628 0
Total Bond Reserve Portfolio 5,020,297 $,020,297 S,020,297 0
I
Investments by Type
.~. Managed Portfolio
US Trms.o, Nc~s
21% :^IF
$9%
Mo.c7 Market
Rate of Return Comparison
7.00%
6.00%
I.--~- LAIF
8
3.00% ............................ 0
2.00%
COMPLIANCE WITH INVESTMENT POLICY
City of Cupertino
February 28, 2002
Category Standard Comment
Treasury Issues No limit Complies
US Agencies (eg FHLMC) No limit Complies
Medium Term Corporate Bonds/Notes 30% with A rating Complies
LAIF $40 million Complies
Money Market Funds 20% Complies
Maximum Maturities 25% up to 15 years Complies (FHLMC at 7 yrs)
" Remainder up to 5 years Complies
Per Issuer Max 10% (except govts) Complies
Bankers Acceptances 180 days & 40% Complies
Commercial Paper 270 days & 25% Complies
Negotiable Certificates of Deposit 30% Complies
Repurchase Agreements 365 days Complies
Reverse Repurchase agreements Prohibited Complies
Ci_ty o_f_ Cupertino ......... i ...................
Generni Fund Budget Repo__rt. .....................................................................
................................... Actu_a_! ............ __Ac_tu_a_! ...... % of Budget
~_/28/.0~ 2000/01 Bu_d~.et...2._0..0_ _l_/.o_2_.B_u__dg_e_t- ..... _.Y_TD_ 2_'_-28-._0 !.. __Y_T_p2-28:0_2_... _._O...v. er/Under Analysis of Trends
Taxes:
Sales Tax II,000,000 .... 1.2_,3_0_0_,0.0.0 ...... -i-_~.-1-7_~i~i1_,.5...4.1. ....... _6_,_83.3,821 -1_6.66% Down 14.5% from lnst year.
Prope__~[ Tax 3,100,000 3,585,000 1,150,881 __1,811,443 -24.21% Starting 01/02, incl. TEA AIIocntion (_npprox. $170k/mo.)
Transcient Occupancy __ 2,282,000 1,960,000 !,3 ! 6,985 ....... 868,529 -33.53% Down 34% from last year; consistent with industry
Utility Tax 2,397,000 3,199,000 __ 1,534,471 I,:538,003 -27.88% Both years ndjusted for $200k New West Rebate __
Franchise Fees 1,894,000 1,920,000 768,92 ! 810,220 -36.70%
Other Taxes !,530,000 __1,415,000 ..... .7...9._9_,_90:2_694,002 -26.43% Property transfer taxes off 50% ($151 k) from prior year
Licenses and Permits 1,310,000 _____1,0__.7_5_,.~O0-0_ ............ 772,915 765,820 6.86%
Use of Money & Pro_~__rt_y ............ _1_,8_3_.! :~ ...... 1_,..8__0_0.,_0~.._ ............. 1~4__46_:.7_.1--01,158,584 -3.45% Current yr. incl. adj. for FHLMC buy:downs thru 2/28.
intergoyemmentnl . .2.~7__5_6~O6_3 ......... 3.,__3/-9,._04_.!_ ........... 2,..2__3__2_,6_1.3_ ......... .2. _,3_ 5_1_,_62_~3 ___ 6._2.8_°_,4 __ _
Chnrg_e_s for Services .... 5._5_0.~.0_00- ............ __2_7_5__,.0._0__0_ ................ _2_4..!_,_41_.6. ....... 2_0.8_,)_7_7_._ !.____3.66%
Fines & Forfeitures ......... _5__0~._,.__ .0~._ .............. .6__O0:00_-0 ............... 24_6-,_3._2_4. ......... 3___34__,__6.3_9 -16.34% Increase in red light tickets since first hnifof last year
Other Revenue 100,000 1,650,0~ .............. !__!_0.:12~0 ........ .4__9r642 -95.49°,4 01-02 budget includes land sale
Total Revenue .... ~_ _._..~_._3 .......... s~._0~._.041 ............. ! 8_. _61~2 ._ .7 9~9 ..... !.~_~4,702 -21.03%
Operating Expenditures:
Administrative 1,525,595 I_,5__1.8,1.2_5 .............. 95 7_ ,. 2 9~9. .......... !.~05__7.,889 4.53%
Law Enforcement 5,687,278 6,123,181 3,514,871 4,061,235 -0.51%
Community Service 625,307 6:58,783 4 ! 6,511 474,747 8. ! 0%
Administrative Service 2,921,477 3-,3__98,497 2,065,298 2,279,640 0.62%
Recreation Service 1,792,960 __i,9.7..6_,.332 1-,.0~._J_,_5_7_8_ 1,152,446 -12.53%
Community Development 2,251,141 4,032,386 I._,.426,464 1,767,928 -34.24% 01/02 - $300k ofCCS Ho._~usin__g._c_h_~_ged to BMR program
Public Works 9.366.608 9.552,354 5.163,227 5.815,877 -8.67%
Total Expenditures 24~7~).36~j_ _~-__:~ ..... ~a_,~,s~_ 16-(~0%7(b~ -8.60°,4
Opera_t!_nl~_T_ran_sfers In 2,_075_,0~_~ .... -_---'1_-,.-~__~i~i;~-_0~' '-~.~.~-.~_~.-_-..-_1 ,~ _~.~_ ' 1,283,336 0.00% ..........
OPerating Transfers Out -12,388.445 -8,894.000 -8,429,053 -6.061.672 2.23%
Net Income/Loss -~.233.741~ ....~-._1._!_3__0~6/7___ -2.978._i_:(~ r'.,,~_96_____3_.396 ..........
Revenue Comparison
DYTD 2~28/02
S,O00,O00 ...............................................................
4.000.000 .............................................................................. I Sales Tax
2 Property Tax
3 TOT
3.oo0.ooo ................................................................. 4 Utility Tax
$ Fmhise Fees
6 Other
1.ooo.ooo .......... I0 ~ for ~
................ I I Fines & Forfeitmes
12 Other Revenue
2 3 4 5 6 7 8 9 10 11 12
Expenditure Comparison
4,000,000 ................................................................ j ~Y~ ~Ol jesy~ ~m
3,000,000 - 1
2 Lmv Enfomement
3 Community ~ervk:e
2.000,o00 ................... 4 Admbl~,.~ Service
6 Community
7 Public Wink.
1,000.000.
o
City of Cupertino
.... Summary of Budget Transfers
2/28/02
Budget Revenue Expenditure
Description Acct # Adjusunent Bud~,et Budget
2001/02 ADOPTED BUDGET 51,356,000 49,455,000
2000/01 CARRYOVER:
Encumbrances various 4,941,059 4,941,059
Department carryovers 702,632 702,632
Project cnrryovers 9,417,929 9,417,929
City Hall remodel 110-9215-9300 320,000 320,000
COPS Law Enforcement Grant funds 1102401-7014 129,809 129,809
CLEEP Hi Tech Grant funds 1102403-9400 13,718 13,718
Apple Public Art Carryover 1101043-7014 100,000
REVENUE ADJUSTMENTS:
Shorter Trust donation 550-0000-4765 32,500
Overlay Project Reimbursements 270-0000-4811 305,000
Resource Rec estimated rev. incr. 520-0000-4566 4,500
Equipment budget funding correction 630-0000-4910 -32,000 [
Red light enforcemem program 110-0000-4811 150,000'
Youth classes 580-0000-4663 52,000
._ TDA funding of bicycle facilities 270-0000-4431 51,789
OJP equipment sub-grant 110-0000-4431 17,996
Traffic Congestion Relief - Foothill/SCB 270-0000-4416 58,256~
CDBG funding of CCS escrow 260-0000-4434 427,160 [
New West UUT refund I 10-0000=4040 -71,000
EXPENDITURE ADJUSTMENTS: ~
Shorter Trust - Senior Center Equipment 1550-6549-6311 32,500 ] 32,500
Overlay Project - SJ/Saratoga 270-9450-9300 305,000 t 305,000
Resource Rec. programs 520-8003-6206 4,500 4,500
Red light enforcement program 110-2101-7014 150,000 150,000
Children's tile nnd mural project 110-1042-7104 5,000 5,000
Chairs for Quinlan Center 580-6249-9100 52,000 52,000
Increase Code Enforcement salary 110-4530-5501 26,105 26,105
Bicycle facilities project '207-9702-9300 51,789 51,789
OJP equipment sub-grant 110-4400-7014 17,996 17,996
Foothill/Stevens Creek Blvd. Overlay CCO 270-8404-7016 58,256 58,256
Safe Route to School Change Order 110-0100-8020 22,000 22,000
CDBG funding of CCS escrow 260-7404-6206 427,160 427,160
Add'l funding of Steven Canyon Rd. 110-0100-8020 75,000 75,000
Election Expenses - annexation 110-4330-7014 23,230 23,230
Insurance premiums increase 110-4540-7023 65,000 65,000
Conlxact planning increases 110=7502-7014 120,000 120,000
Uniform cleaning budget adj. 110-8201-6124 15,575 15,575
Housing rehab loans - County 261-7402-6326 220,000 220,000
BJA Block Grant matching funds 110-0000-7014 3,442 3,442
2001/02 ADJUSTED BUDGET 52,352,201 66,654,700
Capital Projects
3/31/02
Fund. Proi~ Descrii3tion CIO enc CIO budget ' Adooted ch_enae Tom_.! B~.d~et Encumbrance Exnenditure Current Bal.
110 -9~_-1.-~ .D~. partment remodel 0.00 0 320,000 3.2..0_,_0.0.0.00 ' ~i,§~5.{3{~ ' 159,644.~0 8,43~.50
~ 9612 Minor Storm Drain Improv 71,051.38 155,000 226,051.38 i0,_(~X).~0 59,980.00 156,0~i.~
~i5 9~2b ~;t0rm Drain Projects 1,029,204.32 1,029,204.32 4,900.00 1,024,304.3~
~70 ~i0i Barrier' R~moval 31,843.62 (30,000) i,843.00 1,200.00 643.~(}
~b ~;J~ V~.Siev (~reek bike lane 21,115.54 2i,1i~.00 240.00 20,~5.b0
"~70 ' .~.~_~ ~.~'~ling bike Jane 0.00 24,712.14 24,7~.~0 24,~12.i:)~
~0 9413 De Anz. a bike lane 0.00 41,163.34 41,163.00 ' 480.00 0.00 40,6ij~.~0
270 9430 StevCenyon Rdwidening 94,474.29 1,070,905.87 75,000 1,240,379.29 1,112,413.25 131,368.74 (3,402.70)
270 9431 8tev CrldBlaney T/S modification 0.00 60,290.40 39,060 99,350.00 99,350.00 46.17 (46.17)
270 _ 9432 _H.m_~s_td_b~._l!evilla TlS modJf. 75,000.00 75,000.00 75,000.00
270 9438 MillarA_ve__~..e_f__a_ci_l!~ ........... 0.00 133,204.32 . _ . 1._3_3_,2_04:_0q_ ........ 6-_7.3~.~...... 2_. 1-97_._5.0.... 1-3_0_,_333...~_
270 9441 Bike detection enhancement 0.00 19,659.15 __ 19,6_59.00 ............................... 19 859.00
270 9444 Bubb/McClellan I/S modif. 1,318.69 0.00 1,318.69 1,318.69 0.00
270 9446 beAnz~Stev Crk ooeswalk en__h: ..................... 1_2_.0_,__o(x)._.~ ..... 2-80,0_0~_ .............. 400,000.00 20,000.00 0.00 380,000.00
270 9447 Ma~y Avenue ga _ .l~. ¥ ............. _13_,___0~_.00 ..... 67,000.00___ ....... 12_0_,_O0~_. ......................... 200:_000___~.00 ........ 3,191.5__~2 .':.:'_ '_~,_~_~J:48 ....... 1-8_7,__0~._~_0-9
270 9448 Foothill blvd bike lanes ..................2_~5,_0__56..__~_ ..... 2_0-9.,1_00_.00 ................................. 234,156.50.. 1,116.79 ....... 4__7,704..7_5_ ...... 1_8.__5:_334._96-
270 9449 M,~y Avenue_Footbridge ............ 1.~,_136:14 ..... 0._0~_ ....... 4_06-,_00D_ .............. _5~6-,1_36_.14 ..... __3_,_424_.9_55 ..... .1. 76,000.99__ _386,710.20
270 9531 Ramp meter signal 280/85 390,674.39 .......8_9,_220__974_1 .............................. 479,883.39 .__ 394,885.14. 4,789.25 50,209.00
270 9532 SR85/Stev_C_rk...T/S._n~._'~__li'.on ....._4~_,6_27.!_.3 21.,6_§2.0q. 66,3_1._9..!_3 _ .. 2__7,6-86._4__9 16,_.940.04 21,692.00
270 9701 Sidewalk gaps uminoop.erea ............................................. 75,000 75,000.0~_ ................. 75,000.00
280 9213 McClellan Ranch bldg impmv. -- ......... .-"-'_~_~ J'~.----~'~r--- ...................... 211,652.00 211,652.00
420 9108 Park Renovations 108,490.00 130,716.60 237,206.00 0.00 104,264.16 132,041.84
420 9110 Stocklmeir Property AcquiSition ............ -6 ................................ 0.00 -- 0.00 ................ §.~
420 9115.__ Skate Park 52,795.00 291,630.00 100,000 ............ ~44~._~625___._(~_ ..... _75_4-8-8._3_0 '_... 1__9,9.9-8_._3(._)._ 349,158.40
420 9116 San Thomas trail improvements 137,760.98 ......1-4--7,539.3_1 ....... _28__1-,_0(O~ ................. 566,299.98 _ 85,261._(~_ ..... _53,__34-_9:_9~._ ...~2:~,~8-~_9..~_
420 9117 Stev Crk Trail. master plan s_tud__X ................. ~ 50,000._0(_)_ ................................. 1_5-9,~0~_.00 ....... 92,15~._06-_. . ..36-.,_8_71_._9~. 20,976.00
420 9118 Union Pacific RR trail 1.31,860.04 1,819..!0 133,679.04 2,932.00 129,019.17
420 9216 Service center expanison 25,541.00 132,728.88 158,269.00 48,550.00 109,719.00
420 9217 Housing assistance 0.00 0.00 0.00 184.73 (184.73)
420 9219 Animal control facility ................... ...,~0. ,~.0~.__._0~_ ................................. 500,000._~_ ......................... .50~.__.,__0~_...0~_
420 9223 Civic center improvements ................... ........ 0_.~ ...... _2.0~_,__0~_ ................ 200,000.00 46.97 199,953.03
420 9224 Civic center plaza improve.ments ....................... 0_._07 ........ 1_.0~._.,.0.0~_- ............ _1_~_:000~00 ........................ 22.:~_.~9. . .~.'.';_~?_~:~'!
420 9524 DeAnza/Stev Creek arterial mgm_t 5,700.00 23,575.71 .... ...................... _29:2__75_._0~_ ....... -5,_7_0~_._0~__ ........ _7.,4_2._5._87_._ !_8,!4_9.._1..3
420 9527 Homeeteadrrenteu T/S upgrade 17,813.28 0.08 .......... 17,813.28 ...... __3,_9(~__5:_1_5 ...... 1__3,_.9.08....1.3 0.00
420 9528 250/Wolfe lmfflc m~fety improv. 53,976.83 365,645.03 .................................. 41__9,621.83 .... _3_04_,_904._81_ ....... 3_2_,22.4.74 ..
420 9529 Wolfe Rd.erteri.__a! ................... 13_9,_9~-9.61 .... 1_,_56-_2.._0()_ ............................. 1_4_1_ 5_-82_.6.1_ . 32,154.61 109,028.50 389.50
420 9530 Phase III Hmstd arterial mgmt 38,505.00 45,045.17 04,350.00 .... ~80.:~ 39,(~4710 44,b65.5~
Capita Jjects
3/31/02
Fund' .P_r..oi~ , De~crir)tion CIO enc CIO budoet Adooted chanae To_ta._!.._Bud~let t Encumbran_ce', EXne_ndi_tu. reCurrent Bal.'
'4~0 9533 Green LED TlS. ligh_~ 0.00 26,036.18 260,000 .. 2._8~_,.0__3~.....00 18.,518.56 6,481.44 26i,0:~.00
~i0 9534 Advanced ITS De Anza blvd 40,838.73 35~,1:~0.00 500,000 895,958.73 83,177.77 i3~,i44.~6 675,5:~6.00
_4_21~ 9.5.3.5. _Ad. ~p§ve tra.f con.tm_l system 48,993.31 650,000.00 300,000 9~,993.3i 670,973.20 27,,~59.il 300,56i.00
420 -95~ Ste~!~n; .co~d_'.o..r T_tS um_..r~de., lo,48o.65 o.0O .. -!b_',4~._S5 4,~o!.-9'? S,558.m~ 0.oo
'J,:~0 _9.5__3.7 Bubb o~Tid.or T/S.. Ul~gr_a._.de 6,537.91 ' 0.00 6,537.91 3,063.72 3,~,i.i§ 0.00
'~-_2~ 9538 Pruneridge corride.r TIS. upgrade 10,460.66 0.00 10,46§.~6 ~,,901.97 5,558.69 0.08
..4[0_ . _95__3_9 Wolf_.e/Prune '_rklg. e_ TIS _u.~rade 9,806.87 0.00 9,801].87 .4,595.5.8 5,2i i.29 0.00
42o ... _~0_ S. ._p~d... _r~_u_ct_'_m._n ~._r~il.~m_ ....... .2.4,~_3_9.i~2_ s0.e8 "2,ii~§.i~ ~_'i.,~.-9-.!~ sd.00
"._4_2.0_. _9~! _..Sch...oP_ ! ~ff'..=_._Cta._/m..i..ng.__m?a_su.re. .. 60,6_36...04 333,!88.00 52,00_0 . i'..'~'.~_~,8_2_4--~.. 160,290.b4 260,048._54 25,485.46
420 9544 Safe mutes CHS 500,000 500,008.50 500,00~.00
.._~ ._. i~10~ .xinU. p.,_P!~,~ . '.'.'". ...... o ~00_.ooo ."!~.~.~ lO~.Oob.oo
._423_ _.._92_!4_ _L.'_e~_?/_~naion ............... ' 4,985.~3 -" 4.6~ .... _4,_9~5_.-7_3 ........... 0_._00.
...42__3 .... _9~2_. _L'_era__r,/__m~_s_tr~__.cti_o.n_ ............ i'i,~,~_~i__~ i ' ~..i._.~.~ .' i,500,00b ' ' _3..~4_~,_34_9..1.5_ 2,!~,675_.2_0_ ~()4,~i8.§5 769,625.00
424 9210 Senior Center E~.a_.n_s_'!on_ ........ _230_,_!4_6._2_8 _ 2_~21_,1__~_.81 .................... 4_5.1_,.3_35-.2_8_ ........ 0..0~_ ... ~-.:~_-;_~_~D .... _2i~,~7.-._~9_'
425 9313 Four Season Comer 0.08 295,108.63 (5__7,!_3_7.) .... _2_3_7,-9.7__1_.00 .................. !_~Q70_:.0._0._. .... _2_3~._,_90.!...011-
'" 42--~ '"-~ia i~o~ ~,aso~ ~ ~ii~N~'_-'.i' _ __~_ i ....... ~_- .'.~'--~;~_~-_f0_'. .. ' ' ._.. _5-..7,1_37 _ 151,708.50 ........ 5_,__09_0_~ 143,750.00
'- 4_~ . .9.2.!2 S~ Ctr.fltneso expansion 2,740.07 1
560 91o5 e~ckb.ny F_a~ ..................................... 0.08 3~4,939.04 ..... ~5,.000 ............. 4_5__9,93__-9.~ .............. 0.__~_..._ 2-0~,.ZP!.3.~ .... _~5-_9d5_7:5-5-
,560 9112 BBF master plan study ....................... 150,000._50._ .............................. 150,000.00 ...........................................
Tote~ .... . .............. _4_,.~0~,_~_.3.3___~ .__9_.4.17_,_~.2_.~.5__9 ..... ?,2_~6_9,_00p. _._ 5__S..-3,78_9..
City Hall
10300 Torr~ Avenue
Cupertino, CA 95014-3255
CITY OF Telephone: (408) 777-3223
FAX: (408) 777-3366
CUPEI TINO
OFFICE OF THE CITY CLERK
SUMMARY
Agenda Item No. ~ Meeting Date: April 15, 2002
SUBJECT AND ISSUE
Authorize fine arts grants for Spring 2002 as recommended by the Fine Arts Commission.
BACKGROUND
Twice each year the Fine Arts Commission solicits grant proposals from artists and performers
and reviews those applications for cultural projects that provide a direct benefit to the citizens of
Cupertino.
A total of $15,000 was available for grants for fiscal year 2001-2002. In the fall of 2001, grants
_ totalling $10,480 were awarded to the California Youth Symphony and the Janlyn Dance
Company. This includes a grant of $7,000 to the Euphrat Museum of Art for their programs,
which include the Arts in Schools program and the annual Euphrat Family Day. The museum
also assisted the Fine Arts Commission with the Children's Tile Project, and oversaw the
creation of the children's art for the Cherry Blossom Festival.
For the current grant cycle, there were six applications received totaling $10,450.
$1,200 Bay Area Showcase Chorus (musician, director and
crew fees, promotion costs)
$2,000 Cherry Blossom Festival (promotional expenses)
$3,500 Robert Harrison - concert series at Senior Center
(office and promotional expenses)
$2,000 Leadership Class - mural project at Monta Vista
High School (paint, brushes, an supplies)
$1,750 San Jose String Quartet/SJ Chamber Players -
concerts at Senior Center (musician salaries)
$2,000 Jennifer Swanton Brown - California Poets in the
Schools (artists salaries, office expenses)
Printed on Recycled Paper
April 15, 2002 Fine Arts Orants Page 2
RECOMMENDATION:
That City Council authorize the following grants:
$1,200 Cherry Blossom Festival Provide funding for costs of the 2002 Annual Cherry
Blossom Festival.
$1,060 Leadership Class Funding for large murals created by the art class, to
Monta Vista High School be added to the school every year.
$1,060 San Jose String Quartet/ Funding for two new programs at the Cupertino
SJ Chamber Players Senior Center: one for seniors, and one for seniors
and their grandchildren.
$1,200 Jennifer Swanton Brown - Funding for a pilot/demonstration poetry program at
California Poets in the Regnart Elementary School based on CPITS' well-
Schools established statewide writers-in-the-schools program.
Submitted by: Approved for submission:
Kimberly Sn~h David Knapp
City Clerk City Manager
RESOLUTION NO. 02=064
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
RESCINDING RESOLUTION NO. 8828 AND ESTABLISHING RULES
GOVERNING RECRUITMENT, APPOINTMENT AND REAPPOINTMENT
TO CITY ADVISORY BODIES
WHEREAS, the City of Cupertino wishes to establish uniform terms and conditions
of office to advisory commissions; and
WHE~AS, there are within the City of Cupertino many citizens with talent,
expertise and experience who wish to serve the community; and
WHEREAS, the City Council believes it is important to provide these citizens the
opportunity to contribute to their community;
NOW, THEREFORE, BE 1T RESOLVED that the City Council of the City of
Cupertino rescinds Resolution No. 8828 and establishes the following rules governing
recruitment, appointment and reappointment to City of Cupertino Advisory bodies.
'A. RECRUITMENT
1. Two months before regular terms expire, or immediately following receipt of
a resignation, the City Clerk distributes the vacancy notice as follows:
·The Cupertino Scene
· The Cupertino Courier
· The World Journal
· The Cupertino City Channel
· City Hall bulletin board
· The City Clerk's Office
· The Cupertino Library
· The Cupertino Chamber of Commerce
· Cupertino City Web site
· Other organizations as appropriate with respect to the openings
· All persons with applications on file for that particular commission
2. Two months before regular terms expire, the City Clerk's Office also malls
the vacancy notice to the following individuals:
· Students and graduates of Cupertino Emergency Response Training
· Students or graduates of Leadership Cupertino
· Neighborhood Block Leaders
· Individuals who have signed up for notification at the Cupertino Town
- Hall meetings.
Resolution No. 02-064 Page 2
3. All vacancy notices and posting shall be done in accordance with the
pwvisions of the Maddy Act, California Government Code 54970.
Specifically, vacancy notices shall be posted for a minimum of l0 days.
4. Applications will be retained for a maximum of one year after Council review.
After that t/me, applicants shall submit a new application if they wish to
remain on the list for consideration.
5. Those persons with applications on file within one year of Council review are
advised of the vacancy by the City Clerk and may activate that application.
Upon receipt of the vacancy notice, the applicant must contact the City
Clerk's Office and ask that the application be reactivated.
6. An applicant may file for a maximum of two commissions at any one
application period.
7. A member of an advisory body, having completed two consecutive terms,
must walt one year before being eligible to apply for the same commission or
committee.
8. Application forms will be available in the City Clerk's Office and will be
mailed upon request with information about the opening(s). Application forms
will also be available on the City's Web site.
9. No application shall be accepted after the deadline
10. When the final deadline has passed, the City Clerk's Office will mail
applicants the date, time and location of the interviews along with sample
questions to consider.
11. The City Clerk's Office will copy the applicants' written material for Council
members. The written material will also be available for public review in the
City Clerk's Office.
12. An applicant who is unable to attend the interview may submit a five-minute
video presentation in advance of the interview meeting. The tape will be
reviewed at the meeting. The video will be made by City staff at the
applicant's request upon the approval of the City Clerk. The City will fund
these costs.
B. INTERVIEWS AND APPOINTMENTS
1. When Council meets to conduct interviews, it is a public meeting subject to
the Brown Act and therefore open to the public. The candidates will be asked
by the City Clerk (either in person or by written inslructions left in the waiting
area) to remain seated in the waiting area until they are called in for the
Resolution No. 02-064 Page
· - interview. Candidates will also be asked to return to the waiting area until the
announcement of the vote, or to go home and contact the City Clerk's Office
the next day regarding the results, However, all applicants and members of the
public have the option of rem,ininff in the room for any or all of the meeting.
2. The order in which interviews are scheduled to take place will be determined
by a drawing of names. The City Clerk will do this in advance.
3. Interviews are informal and usually last 5-8 minutes. Council members are
looking for:
· Familiarity with the subject
· Decision-making ability
· Commitment to the position for which they have applied
4. Appointments will be made following a vote in public. Ballots will be
distributed, and Council members will vote and sign the ballots. The City
Clerk will announce the votes.
Following appointments, all remzlnlng applicants will be sent a letter and their
applications will be kept on file for one year.
.... 6. All appointees will be provided with a Certificate of Appointment.
C. UNSCHEDULED VACANCIES AND ATTENDANCE
1. If a vacancy occurs for an unexpired term and interviews for appointment to
that advisory body have been conducted withir~ the previous ninety days, the
unexpired term may be filled from those applications following the required
posting of the vacancy.
2. The notice of unscheduled vacancy shall be posted no earlier than 20 days
before nor later than 20 days ~er the vacancy occurs, and at least 10 working
days before appointment. The notice of unscheduled vacancy must be posted
in the Office of the City Clerk, at the City Hall bulletin board, at the Cupertino
Library, and in other places designated by the City Clerk.
3. A member shall be considered removed from an advisory body under the
following conditions.
· A member misses more than three consecutive meetings
· A member misses 25% of the body's meetings in a calendar year
4. It is the responsibility of the body's staff liaison to notify the City Clerk of a
_. member's attendance record to allow sufficient time to send a warning notice
if the member has already missed two consecutive meetings, and to send a
Resolution No. 02-064 Page 4
termination notice if the member has missed three consecutive meetings or
25% of the meetings in a calendar year.
5. A member who has been removed from an advisory body for inadequate
attendance may request a waiver of this provision by submitting a letter to the
City Council setting forth the reason for the absences and confirming future
availability.
D. GENERAL PROVISIONS
1. Restrictions listed in this resolution do not apply to temporary appointments
for unexpired terms.
2. All provisions of this resolution shall apply unless otherwise decided by the
City Council on a case-by-case basis.
3. In the event that any provision of this resolution conflicts with the provision
of this resolution conflicts with the provisions of any other ordinance or
resolution governing a particular advisory body, the provisions governing that
advisory body shall prevail.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino
this 15th day of April 2002, by the following vote:
Vote Members of the City Council
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST: APPROVED:
City Clerk Mayor, City of Cupertino
STAFF REPORT
Agenda Item Number I O Agenda Date: April 15, 2002
S~CT
Resolution amending Resolution No. 01-199 establishing a Cupertino Teen Commission.
BACKGROUND
The City COuncil considered input fxom the Teen Commission on April 1, 2002. The resolution
next in order has been revised to incorporate Council direction given at the meeting including:
· The Teen Commission shall be comprised of thirteen (13) members
· The commissioners will serve two years staggered terms
· There will be no alternates ·
· The City Council will interview all applicants unless it becomes impractical and/or infeasible
- · No grade point average will be required
· The commission will be made up of members from grades 8 through 12
· Tl~e chair and vice-chair of the commission will be selected at the in'st meeting of each year
STAFF RECOMMENDATION
Staff recommends, that the City Council adopt the resolution next in order amending Resolution
01-199.
SUBMITTED BY: APPROVED FOR SUBMISSION
TO CITY COUNCIL:
~Smith, Director David Knapp, City Manager
Parks and Recreation
Printed on Recyclecl Paper /~ ' /
RESOLUTION NO. 02-065
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
AMENDING RESOLUTION 01-199
ESTABLISHING A CUPERTINO TEEN COMMISSION
WHEREAS, providing activities and opportunities for youth is a high priority of the
Cupertino City Council; and
WHEREAS, the Council has determined that the community is best served in this
endeavor by establishing a Teen Commission to advise the Council and Parks and Recreation
staff on issues and projects important to youth; and to reflect the broadest possible representation
of Cupertino youth.
WHEREAS, the Council has elected to appoint a Teen Commission for the City of
Cupertino in recognition of the importance of their charge;
NOW, THEREFORE, BE IT RESOLVED that the City Council create the Cupertino
Teen Commission according to the following:
The Cupertino Teen Commission will be comprised of thirteen (13) members, at least one
person from each middle school and high school in Cupertino. Membership on the
Commission will be limited to Cupertino residents. Members may attend schools outside of
the city limits, or be schooled at home. Commissioners must be in $~h through 12t~ grade.
· The members of the Teen Commission shall be.appointed pursuant to the current recruitment
process adopted by City Council, with the following exceptions: Applicants under the age of
18 must have written permission of a parent or guardian to participate in the Teen
Commission. The Parks and Recreation Department will work with the City Clerk to. notice
vacancies so that outreach to schools and youth organizations is accomplished. A letter of
recommendation shall be submitted as part of the application process. The Council shall
appoint new commissioners in June, to be seated in September, except in the case of
reappointment of vacant seats.
· Commissioners should reflect the broadest possible representation of Cupertino youth.
· The term of office of each commissioner shall be two years, beginning in September with the
new school year.
· None of the Teen Commissioners shall be otherwise officials or employees of the City of
Cupertino nor be related by blood or marriage to any official or employee of the city.
· The Commission shall elect a chair and vice-chair at the beginning of each year.
Resolution No. 02-065 "
Page 2 of 2
Meeting times and kmation will be decided by the commission at the first meeting of the
year, and will be adopted as the annual meeting schedule pursuant to the Brown Act.
Actions taken by the Commission will be by majority vote.
· The Department of Parks and Recreation will provide staff support to the Teen Commission
and will post meeting agendas.
· Commencing in 2002, seven (7) Teen Commissioners shall be appointed for a one-year term
and six (6) appointed for a two-year term. In 2003, (7) Teen Commissioners will be
appointed to a two-year term setting the staggered terms of six (6) appointments in even
numbered years and seven (7) appointments in odd-numbered years. Vacant seats will be
filled with applicants willing to finish the term.
· The powers and function of the Teen Commission will be to advise the City Council and staff
on issues and projects important to youth.
IT IS NOW THEREFORE RESOLVED by the City Council of the City of Cupertino that
these amendments to the Teen Commission Resolution 01-199 be adopted.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of
Cupertino this 15~ day of April 2002 by the following vote:
Vote Members of the City Council
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST: APPROVED:
City Clerk Mayor, City of Cupertino
lo
RESOLUTION NO. 02-066
A RESOLUTION OF ~ CITY COUNCIL OF THE CITY OF CUPERTINO
APPROVING THE FINAL MAP OF TRACT NO. 9410, LOCATED ON
IMPERIAL AVENUE AND LOMITA AVENUE; DEVELOPER, TAYLOR WOODROW
HOMES, INC. A CALIFORNIA CORPORATION, AND AUTHORIZING
SIGNING O1~ FINAL MAP
WHEREAS, there has been presented to the City Council for approval and for
authorization to record final map of Tract No. 9410, located on Imperial Avenue and Lomita
Avenue, showing certain avenues, drives, places, and roads by Taylor Woodrow Homes, Inc. a
California Corporation; and
WHEREAS, said map has been approved by the City Attorney;
NOW, THEREFORE, BE IT RESOLVED THAT said final map of Tract No. 9410 is
hereby approved and the City Engineer and the City Clerk are hereby authorized to sign said final
map.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of
Cupertino this 15th day of April, 2002, by the following vote:
Vote Members of the City Council
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST: APPROVED:
City Clerk Mayor, City of Cupertino
11'1
· ~ . ..,,... , City Hall
· .. 10300 Torre Avenue
· - - ' Cupertino. CA 95014-32SS
(4OS) 777-33~4
CITY OF FAX (40~) 777-3333
CUPEI INO
PUBLIC WORKS DEPARTMENT
Summary '-
AGENDA ITEM 12 AGENDA DATE Aoril 15,2002
SUBJECT AND ISSUE
City Center Park/Plaza Project Implementation at the Four Seasons Park Site (southeast comer of
Stevens Creek Boulevard and De Anza Boulevard)
BACKGROUND
Item 12 on thc Agenda of the April 15, 2002 City Council meeting refers to an amendment to the
License Agreement with the City Center Owners Association (CCOA) for the implementation of the
improvements for a public plaza at the southeast comer of Stevens Creek and De Anza Boulevards on
what is known as the "Four Seasons Park" site.
The amendment to the agreement was originally proposed as a means of expediting the improvements
for the plaza in conjunction with the openings of the Cypress (Kimpton) Hotel and the Verona
(Prometheus) Apartments projects. The proposal was intended to provide for the improvements to be
completed by the CCOA rather than the City of Cupertino in order to expedite the work and to
integrate its completion into the schedules of both pwjects, which are not entirely within the City's
control.
However, since reaching a tentative understanding about that proposal, the CCOA, represented by
Prometheus, has indicated its desire for the City to complete the work, rather than the Owners
Association as this proposal suggested. Therefore, the staff is not recommending any action by the
Council on this matter and, instead recommends that the discussion of this project be deferred to the
regular Council meeting of May 20, 2002.
There are two components to the implementation and ultimate development of this property that staff
proposes for the discussion on May 20, 2002 as follows:
Interim Improvements-Hotel Opening: There are some interim improvements that have been requeste~i
by the hotel developers to be made at this comer in conjunction with the opening of the hotel. The
purpose of doing these now is that the apartments will not be completed until sometime in 2003, and
the full park site can not be completed until that time. However, Kimpton has advised us that the hotel
will open on July 1, 2002. A sketch of these interim improvements (estimated at approximately
$$0,000) is attached. Funds are available for this work in the adopted 2001-2002 Capital Improvement
Program (CIP).
Prometheus has indicated that it can rearrange its construction staging area in accordance with the
interim plan to accommodate the construction of the improvements to meet the July deadline. The
Public Works Department can advertise the project and award a contract to the low bidder on a
schedule that will also meet the hotel's opening. -.
Completion of Plaza on Four Seasons site-Apartment Opening: As noted above the Verona Apartments
project is on a schedule that will preclude constructing the project over the entire site until early 2003.
That design is currently under development, and the cost and funding are still being refined. Staff
proposes a discugsion of that complete and ultimate development of the site on May 20, 2002 and will
also present the design concepts and refined cost estimates for the Council's consideration as part of
the 2002-2003 CIP.
This report is for the Council's information and no action is required.
Submitted by: Approved for submission: ..
Ralph A. Quails, Jr. David W. Knapp
Director of Public Works City Manager
~ ~ Plaza Interim Plan
~~.L].._ ~7" ~ ~~ April 4, 2002. Construct,on
staging
area
..: . .~-'~ ~,al~~' -' for Vero. na Apartments
fenced ~n..
:'. · Fire access for apartments in
·. ~ '-- construction staging area.
~ii"~i' " ~~, ) ~' ° Trees to remain in boxes.
.:...? "'~ i~ .~_~~ · Existing signs to remain.
:..._ -.-. ~ ~~ - _
!i- :...: · .-" ...'~: ,%'~r-~ J~_
· '..-_'.... : ;.' .._, · ..~.~? ',?~..
· .:'.- ...".' · ./~'~. ~'~'.- '.'.."'~.~ ,-',~>~ .
: ~-- ..'..~;o . -. ,' · ... .._~; ~, ~.~n~, I
· ; :-.. · .- , .:'~_~
· .-- - ~... .-.>l~Ja~Ra4zi~ i~1~. . · .....~¥~ ,/~
.,. .,. , ~.-~. ~,~'...'.... .........,,~.~a
I- PARTNERSHIP iNc.
Land.scape Architects · Land Planfler~
C i t y C e n t e r P I a z a
Cupertino, Cai iforn ia T415433457Z
Apdl 8~ F 415 4:~] 5003
· --' ~~ City Hall
CITY OF 10300 Tone Avenue
CUPERTINO CA 95014-325:5
(408) 777-3354
FAX (408) 777-3333
PUBLIC WORKS DEPARTMENT
'SUMMARY
AGENDA ITEM AGENDA DATE Aoril 1S. 2002
SUBJECT AND ISSUE
Approval of Contract Change Order No. 1 in the amount of $9,874.75 for the Pavement
Restoration Project No. 2001-02. and acceptance of the completed project.
BACKGROUND
On May 7, 2001, the Council approved a conwact with Silicon Valley Paving, Inc. for the
._. Pavement Restoration Project in the amount of $170,540.20 along with a contingency of
$17,000. Although the project is complete and the City has inspected the work, several
minor extra work items became necessary for completion of this project. These items
include such things as the removal of a traffic island on Randy Lane and several minor
quantity adjustments at the unit price provided by the contract.
All of the items result in a total cost of $ 9,874.75 that was negotiated with the contractor,
and staff believes represents a reasonable price for the work involved. This change order
cost is within the approved project budget and contingency and will close out the project.
Since the work is now complete staff also recommends acceptance of the project.
FISCAL IMPACT
The cost of this transaction is within the approved budget so there is no fiscal impact.
STAFF RECOMMENDATION
Adoption of Resolution No. , approving Contract Change Order No. 1 for the
Pavement Restoration Project in the amount of $ 9,874.75 for a total contract amount of
$180,414.95 and accepting the Pavement Restoration Project as complete.
Submitted by: Approved for submission:
.... r.4'c
Ralph A. Quails, Jr. David W. Knapp
Director of Public Works City Manager
CITY OF
CUPEI TINO
PAVEMENT RESTORATION
PROJECT NUMBER 2001-02
CONTRACT CHANGE ORDER NO. 1
Contractor
Silicon Valley Paving, Inc.
P.O. Box 26558
San Jose, CA 95159-6558
The following changes are hereby approved:
IA. Quantity Adjustment at Unit Price $ 1,524.75
IB. Removal of island on Randy Lane 8.350.00
Total Change Order No. 1 $ 9,874.75
Total Project:
Original Contract $170,540.20
Change Order No. 1 9.874.75
Revised Contract $ 180,414.95
P.O. No.030725
Account No. 270-8404-7015
CONTRACTOR CITY OF CUPERTINO
Ralph A. Quails, ~r.
Director of Public Works
Title
City Council: (Date)
Date Resolution No.
RESOLUTION NO. 02-068
A RESOLUTION OF THE CITY COUNCIL OF TItE CITY OF CUPERTINO
APPROVING CONTRACT CHANGE ORDER NO. 1 FOR PAVEMENT
RESTORATION, PRO~ECT NUMBER 2001-02
RESOLVED by the City Council of the City of Cupertino, California, that Change Order
No. 1 for changes to work which has been approved by the Director of Public Works and this day
presented to this Council, be, and it hereby ~,pproved in conjunction with the project known as
PAVEMENT RESTORATION
PRO~ECT NUMBER 2001-02
BE IT FURTHER RESOLVED that an expenditure of $9,874.75 from the project account
No. 270-g404-7015 is hereby appwved to cover this change order.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of
Cupertino this 15~h day of April 2002, by the following vote:
Vote Members of the City Council
_ AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST: APPROVED:
City Clerk Mayor, City of Cupertino
~ ~ City Hall
C['P/OF 10300 Torte Avmue
CUPEPx..TINO CA 95014-3255
(408) ???-3354
FAX (4OU) '/!/-jJJJ
PUBLIC WORKS DEPARTMENT
Summary
AGENDA ITEM AGENDA DATE Aorii 15. 2002
SUBJECT AND ISSUE
Authorization for thc execution of an Agreement For Purchase of Property Rights for the
Stevens Canyon Road project between the County of Santa Clara and the City of
Cupertino and to pay $1,400 for easements and $18,147 for pwject management to the
County.
Authorization for the execution of a Construction & Access Permit from the County of
-- Santa Clara to the City of Cupertino.
BACKGROUND
On November 19, 2001 City Council awarded the contract for the Stevens Canyon Road
project. As part of this project the City must construct a retaining wall along the County
of Santa Clara's Stevens Creek Park's property. This agreement is required for the City
to acquire easements and a construction access permit to be able to complete this part of
the project. At the time of the award staff'advised the Council that these remaining slivers
of right-of-way were still to be acquired from the County but with the proper
"workaround' provisions the work could proceed ahead of the right-of-way approval.
Staff has now completed negotiations with the County Department of Parks and
Recreation to complete this project. The cost of the easements and the construction access
permit is $1,400. However, an additional cost for the County's administration of this
acquisition is $18,147 to complete this pwject for a total cost is $19,547. While staff
expected that a small charge would be required for the right-of-way, a reimbursement to
the County for administrative work was not anticipated and is, therefore an unforeseen.
cost to the project
FISCAL IMPACT
-- This action would require a one-time budget appropriation from the General Fund in the
amount of $ 20,000 to the Stevens Canyon Road Project, account 270-9430.
STAFF Ri[COMM~NDATION
Authorization for the for the Director of Public Works to negotiate and execute an
Agreement For the Purchase of Property Rights between the County of Santa Clara and
for the City of Cupertino and to pay $1,400 for easements and $18,147 for project
management to the County.
Authorization for the Director of Public Works to execute a Construction & Access
Permit from the County of Santa Clara to the City of Cupertino.
Authorization for use of General fund monies in the amount of $20,000 to be transferred
to the Stevens Canyon Road Widening account 270-9430.
Submitted by:
Approved for submission:
David W. Knapp
Director of Public Works City Manager
- RESOLUTION NO. 02=069
A RESOLUTION OF TI:IF~ CITY COUNCIL OF THE CITY OF CUPERTINO
AUTHORIZING EXECUTION OF AN AGREEMENT FOR PURCHASE OF
PROPERTY RIGHTS BETWEEN THE COUNTY OF SANTA CLARA AND THE CITY
OF CUPERTINO AND AUTHORIZING PAYMENTS FOR EASEMENTS AND
PROJECT MANAGEMENT
WHEREAS, on November 19, 2001 City Council awarded the contract for Street
Widening for Stevens Canyon Road; and
WHEREAS, as part of this project tbe City must consUuct a retaining wall along the
County of Santa Clara's Stevens Creek Park's prope~, and
WHEREAS, an agreement is required for the City to acquire easements and an additional
cost for the County's ~dmini~_tion of this acquisition is necessary to complete this project.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Cupertino
hereby authorizes the Mayor to execute said "Agreement For Purchase Of Property Rights" on
behalf of the City of Cupertino and authorizes payment of $1,400 for easements and $18,147 for
project management to the County of Santa Clara.
BE IT FURTHER RESOLVED THAT the City Council hereby authorizes the use of
General Fund monies in the amount of $20,000 to be transferred to the Stevens Canyon Road
Widening Account 270-9430 to cover the costs for acquisition of easements and administrative
work for project management.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of
Cupertino this 15~ day of April, 2002, by the following vote:
Vote Members of the City Council
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST: APPROVED:
City Clerk Mayor, City of Cupertino
· PARK: Stevens Creek
PRO3ECT: City of Cupertino - Stevens
Canyon Road Right-of-Way,
Construction & Restoration
AGREEMENT FOR PURCHASE OF PROPERTY RZGHTS
This is an Agreement between the COUNTY OF SANTA CLARA (COUNTY)
and the CTTY OF CUPERTZNO (C~I'Y) for CTI'Y's purchase of easements for right of
way and drainage and construction permit with conditions for the protection and
restoration of park property.
RECZTALS
A. CTFY will be widening Stevens Canyon Road to enhance the safety of
pedestrians and bicyclists. The project includes widening the Stevens
Canyon right-of-way, construction of a retaining wall and drainage facility,
and restoration of parklands affected by the construction (ProJect) as
shown on the attached Exhibit A, incorporated by reference.
B. State laws require that the use of COUNTY parklands for purposes other
than recreation and open space be replaced by equivalent land and facilities
serving the population of the surrendered area. By approval of this
Agreement, COUNTY finds that the proposed compensation and bicycle and
pedestrian improvements are substantially equal to the property rights the
COUNTY is to convey as part of this Agreement and will be used generally
by the same persons who use the COUNTY park, according to Section 5404
(b) of the Public Resources Code. The property COUNTY conveys under this
Agreement is less than 10% of the total park area.
Therefore, it is agreed as follows:
PURCHASE AND SALE
CTrY agrees to purchase from COUNTY, and COUNTY agrees to sell to CTTY,
the following real property:
736 s.f. Right-of-way easement described in Exhibit B.
385 s.f. drainage easement described in Exhibit C.
3044 s.f. construction and 8871 s.f. access permit described in Exhibit D.
The total purchase for the right-of-away, drainage easement and the
construction and access permit will be One Thousand Four Hundred and No/100
Dollars ($1,410.00). The right-of-way purchase price shall be Six Hundred and
No/[00 Dollars ($600.00). The drainage easement purchase price shall be Three
Hundred Ten and No/100 Dollars ($310.00). The construction and access permit
fee will be $500.00.
[n addition, CTI'Y shall reimburse COUNTY Eighteen Thousand One Hundred
Forty-seven and No/:[00 ($:[8,147.00) for COUNTY's costs incurred in this
transaction for project engineering review and monitoring, administration and
processing of this Agreement and related documents.
2. TERM
The term of this Agreement shall be :[80 days from the date both parties
AGREEMENT FOR PURCHASE OF PROPERTY Rt'GHTS - Page I of 19
execute the Agreement unless extended by mutual written agreement.
- 3. DEI..TVERY OF DOCUHENTS
COUNTY shall execute and deliver the Right-of-Way Easement, Drainage
Easement, and Construction & Access Permit (Documents) to the CITY when CTTY
has delivered the total purchase price of $19,557.00 to the COUNTY.
CTTY shall pay all costs of any recording fees incurred in this transaction.
4. LEASES OR OCCUPANCY OF PROPERTY
COUNTY warrants that there are no oral or written leases or rental
agreements affecting any portion of the Property. COUNTY agrees to hold CTTY
harmless from any costs, liability, loss, damage, expense or costs for legal
services arising from any such lease or rental agreement of the Property.
[t is understood that the provisions of this paragraph shall survive the
recording of any easements.
5. SELLER'S REPRESENTATZONS AND WARRANTZES
COUNTY represents and warrants to C['I'Y that on the date this Agreement
is fully executed and at close of escrow the following conditions apply:
a. Authority - COUNTY has the full right, power and authority to enter into
this Agreement and to perform the transactions contained in it.
b. Good Title - COUNTY has and shall have at transfer of title good,
marketable and indefeasible fee simple title to the Property. Such title
..- shall be free and clear of all liens and encumbrances.
6. HAZARDOUS MATERIALS
COUNTY warrants and represents that it has disclosed to CTTY in writing all
the information it has on the prior or existing presence, storage, disposal or
release of any hazardous substances on the property. CTI'Y shall be responsible
for the removal of any hazardous substances on the Property according to
applicable local, state or federal law.
7. CONSTRUC'F~ON & ACCESS PERMZT
Permission is granted to CTI'Y and its authorized agents and contractors to
enter on COUNTY's land under the Construction & Access Permit attached as
Exhibit D and incorporated by reference and the conditions listed below:
a. Landscape Plans. Before CTI'Y starts any construction using
parklands, CTI'Y shall submit landscaping plans for the COUNTY property
next to the proposed retaining wall to COUNTY for review and approval.
COUNTY shall have 15 days to review and comment on the plans. CiTY
may not proceed with construction on COUNTY parklands without
COUNTY's approval of the landscaping plans. :if COUNTY fails to review
and comment within the 15 days, CiTY's plans shall be deemed approved.
COUNTY shall not unreasonably withhold its approval.
- b. [mprovements. Where necessary,, improvements in'the Construction
& Access area will be removed by CITY. Such improvements will be
reconstructed at CZTY's sole expense upon the termination of the .
construction use. [f reconstruction is not feasible, CITY will pay COUNTY
the value of such improvements, which payment shall be in addition to the/5'-.5
AGREEIqENT FOR PURCHASE OF PROPERTY R/GHTS - Page 2 of 19
purchase price for the Property set forth above.
c. Laws and Permits. All work performed by CTTY in the Construction &
Access Permit area shall conform to applicable building, fire, and sanitary
laws, ordinances and regulations relating to such work and shall be done in
a good and workmanlike manner
d. Extended Occupancy. If CTi'Y occupies the Construction &
Access Permit area beyond the specified time period, CITY shall make
payment to COUNTY for the additional time on the same basis of
valuation within 30 days after the close of CiTY's use of the area.
8. RETAZNZNG WALL MA.TNTENANCE
CITY shall be solely responsible for the maintenance and cleaning of graffiti
or discoloration on the retaining wall to be constructed as part of CTI'Y's Project.
C[TY will respond to notification of graffiti within 24 hours of notification. [f
CITY fails to remove graffiti or discoloration on retaining wall within three (3)
working days, COUNTY shall have the right to proceed with clean up measures
and bill CTrY for COUNTY's costs plus a $100.00 administrative fee.
This paragraph's provisions shall survive the term of this Agreement.
9. DELEGA'F]:ON OF AUTHOR]:TY
The Board of Supervisors delegates authority to the Director of Parks &
Recreation Department to execute any amendments or .contracts needed to
facilitate the implementation of this Agreement:
This Agreement is executed on the latest date shown below.
COUNTY OF SANTA CLARA CITY OF CUPERT]:NO
Donald F. Gage, Chairperson Richard Lowenthal
Board of Supervisors Hayor
Date: Date:
Attest: Attest:
Phyllis A. Perez, Clerk Kimberly Smith _
Board of Supervisors City Clerk
Date: Date:
Approved as to form and legality: Approved as to form and legality:
Kathryn A. Berry Charles KilJan
Deputy County Counsel - City Attorney ;
Date: Date:
AGREEMENT FOR PURCHASE OF PROPERTY RIGHTS - Page 3 of 19
BXHZBZI' B
When recorded, return to: ·
County of Santa Clare .
Parks & Recreation Department .
298 Garden Hill Drive .
Los Gatos, CA 95032 ·
~ w~tmut f~ umler ~ 610~ CMIf~fl~ C~& ..... ~, OMe
Park: Stevens Creek
R/GHT-OF-WAY EASEMENT Project: Stevens Canyon Road
APN: 351-21-9
COUNTY OF SANTA CLARA, a political subdivision of the State of California, (COUNTY)
grants to
CITY OF CUPERTINO, a municipal corporation (C/TY)
An easement for public roadway with the right to construct, repair, operate, and maintain all
public utilities and improvements necessary for the public safety, welfare, and convenience on all
that real property in the County of Santa Clara, State of California, described on the attached
Exhibits A-1 and A-2, under the following conditions:
1. Zndemnitv - CZ'FY shall indemnify, defend and hold harrniess the COUNTY, its officers, agents
and employees from any claim, liability, loss, injury or damage arising out of the exercise of
this Easement by CITY, its agents, employees, or subcontractors. C1TY shall reimburse the
COUNTY for all costs, attorneys' fees, expenses and liabilities incurred in any litigation arising
out of CITY's exercise of this easement. Excepted from this indemnity are losses, injuries or
damage caused by the acts or omissions of the COUNTY.
2. Reversion - Zf the easement area described in ExhibitsA-1 and A-2 is not used for roadway
purposes for a consecutive twelve month period, and such use is not resumed within thirty
days after COUNTY's written notice to CITY, then CITY shall extinguish this Easement by
executing such documents as are reasonably necessary to accomplish the same, and COUNTY
shall thereafter own the property free and clear of any such easement. When COUNTY
receives C1TY's document that clears this easement; COUNTY shall reimburse CITY the $600
purchase price within 45 days.
Dated:
Donald F. Gage Chairperson
State of California ) .
County of Santa Clara ) ss.
On .2002, before me, a Notary Public in
and for said State, personally appeared Donald F. Gag~ who proved to me on the basis of satisfactory
evidence to be the person whose name is subscribed to this instrument, and acknowledged to me that he
executed the same in his capmdty, and that by his signature on the instrument, the person or the entity
upon behalf of which the person acted executed the instrument.
Notary Public ! ~.,.~)
AGREEMENT FOR PURCHASE OF PROPERTY R/GHTS - Page 5 of 19
Park: Stevens Creek
R,I:GHT-.OF-WAY EASEMENT Project: Stevens Canyon Road
Exhibit A-1 APN: 351-21-9
All that real propmy situate in the City of Cupertino, County of Santa Clara, State of California, being a portion
of the parcel as described in that cerudn deed to thc County of Santa Clara recorded on January 10, 1966 in Book
7241 of Official Records at page 721, Santa Clara County Records, more particularly described as follows:
Commencing at a monument at Station 30+15.68, as shown along the monument line of Stevens Canyon Road on
that ceflain Record of Survey recorded on~ll~ 2001 in Book"/42. of Maps at pages2..~D"through, said county
Thence along said montht..nt line South 66°48'16, West, 9.88 feet;
Thence leaving said monmnent line, at right angles South 23011'44' East, 20.50 feet to a point on the northerly
line of the above said parcel, said point being the TRUE POXNT OF BEGINNING;
Thence along said nertha'iy line, the. following five(5) comses:
1) North 56°19'35" East, 14.84 feet;
2) North 24°51' 15" West, 0.57 feet;
3) North 71°54'54" East, 49.52 feet;
4) North 81057'06'' East, 49.61 feet;
5) South 87028'22" East, 74.31 feet to the northeasterly cornet of said Parcel, also being the westerly corner of
the parcel described in the deed recorded on June 28, 2000 as Document No. 15294858, in the o~ce of the
Recorder of Santa Clara County;
Thence along the line common to last said parcels South 58°41'16' 1:~,~, 15.10 feet;
Thence leaving said ccmmmn line, North 83054'56" West, 46.90 feet to the beginning of a curve to the left;
Thence along said cu~e having a radius of 279.50 feet, through a central angle of 29°16'49", for an arc length of
142.83 feet;
Thence South 66o48' 16" West, 9.88 feet, to the TRUE POINT OF BEGINNING;
CoDtnlnlqg an ~ of 736 SC~ f~t, lnof~ or ]ess.
A plat showing the above-described parcel is attached herein and made a part hereof as Exhibit
This description was ~ by me er under my direction in conformance with the Professional Land Surveyors
Act.
AGREEHENT FOR PURO'IA~ OF PROPERTY RIGHTS - Page 6 of 19
Park: Stevens Creek
R/GHT-OF-WAY EASEMENT Project: Stevens Canyon Road
Exhibit A-2 APN: 351-21-9
KAISER CEM~.~xrr
-/-¢87 OR J~_~3
STEVENS CANYON ROAD
e,¥Oj STA 30+15.68 31+00
.~,~ <~ .~P_.o?~.__~---- MO,U~E"_T L,.E__
~,5 L~_~;~' PER_'I,~.Z,,.._MAP$_/--~_'__ - ~ --.
/ ~-TPOB 7~6 sq. ft. +
7241 OR 721
COUNTY OF CORBALLS
SANTA CLARA DOO NO. J5294rJ5rJ
237 MAPS 9
! · AN~
BEARING DISTANCE TABLE t,~7 /~ N~, ,
LINE BEARING LENGTH ;[ B._~TIN '~
L1 S 66~48'16" W 9.88' ~[/~.~
L.
L,O ...'
C1 27g.~' 29~6'4g" 142.83'
Subject .. RO~AY E~E~NT I
~ pr~e A~ue STEVENS ~NY~ RO~. C~ERT I ~
='~'~~ ~ .~.~ c.x. ~ ~3 Job No. ~90204
· ""~"r~,., ~""~"~"~ 6~/~2-6~
6~/482-6399(FAX) By ~ Date 08/14/01Chkd. ~ ·
SHEET I ~ 1
/
AGREENE~ ~R ~R~E OF PROPER~ R]G~S - Page 7 of 19
EXHZBZT C
When recorded, return to: .
County of Santa Clara .
Parks & Recreation Department .
298 Garden Hill Drive .
Los Gatos, CA 95032 .
ReCO~ W~lOUt ~ee under SecUofl 6103 CjIl~ofl~ GD .... .~.~. C. ode
Park: Stevens Creek
DRAZNAGE EASEHENT Project: Stevens Canyon Road
APN: 351-10-27
COUNTY OF SANTA CLARA, a political subdivision of the State of California, (COUNTY)
grants to
CITY OF CUPERTINO, a municipal corporation (CITY)
An easement for storm drainage on all that real property in the County of Santa Clara, State of
Califomla, described on the attached Exhibits A-1 and A-2, under the following conditions:
1. Zndemnity - CITY shall indemnify, defend and hold harmless the COUNTY, its officers, agents
and employees from any claim, liability, loss, injury or damage arising out of the exercise of
this Easement by CITYs agents, employees, or subcontractors. CZTY shall reimburse the
.-. COUNTY for all costs, attorneys' fees, expenses and liabilities Incurred in any litigation arising
out of C['I'Y's exercise of this easement. Excepted from this Indemnity are losses, injuries or
damage caused by the acts or omissions of the COUNTY.
2. Reversion - If the easement area described in ExhibitsA-1 and A-2 is not used for Drainage
Easement for a consecutive twelve month period, and such use is not resumed within thirty
days after COUNTY's written notice to CZTY, then CZTY shall extinguish this Easement by
executing such documents as are reasonably necessary to accomplish the same, and COUNTY
shall thereafter own the property free and clear of any such easement. When COUNTY
receives CZTY's document that clears this easement; COUNTY shall reimburse CZTY the $310
purchase price within 45 days.
Dated:
Donald F. Gage Chairperson
State of Califomla ) .-
County of Santa Clara ) ss.
On .2002, before me, a Notary Public in
and for said State, personally appeared Donald F. GaQe who proved to me on the basis of satisfactory
evidence to be the person whose name is subscribed to this instrument, and acknowledged to me that he
executed the same in his capacity, and that by his signature on the instrument, the person or the entity
upon behalf of which the person acted executed the ir~crument~
Notary Public
~E-I~
AGREEMENT FOR PURCHASE OF PROPERTY RZGHTS - Page 8 of 2.9
Park: Stevens Creek ·
DRAZNAGE EASEMENT Project: Stevens Canyon Road
Exhibit A-! APN: 351-10-27
Ali that real propeaty situat~ in the City of Cupetlino, County of Santa Clara, State of California,
being a portion of the parcel as described in that certain d~d to the County of Santa Clara, recorded
on Jsnoary 10, 1966 in Book 7241 of Official Records at Page 721, Santa Clara County Records,
more particularly described as follows:
Cormnencing at a monument at Station 284-17.11 as shown along the monument line of Stevens
Creek Road on that certain R~cord of Survey recorded on'.ob ~ . 2001 in Book"l__4~of Maps at
Pages 7.~ through 2,~ , said county records, being the beginning of a curve to the left from a
tangent that t~ars South 66°48'16'' West;
Thence southwesterly along said curve having a radius of 32~.00 feet, through a central angle of
1~°~$' 1 I", for an arc length of 90_~0 feet;
Thence leaving said monument lin~ and curve along a radial line, South 39°06'~' East, $8.69 feet
to a point on the northwes2rly line of the above described parcel, said point being the TRUE POINT
OF BF_~IlqNING.
Thence leaving said northwesterly line, South 21035, 16" West, 43.29 feet;
Thence South 85*23'4?" West, 11.14 feet;
Thence North 21°35'16'' East, 33.79 feet to a point on said northwesterly line;
Thence along said northwesterly line, North 56°19'35'' Fast, 17.55 feet to the TRUE POINT OF
BEGINNING.
Containing nn area of 385 squa~ feet, more or less.
A plat showing'the above-described parcel is attached herein nnd made a part hereof as Exhibit A'~.
This description was ln-Cp~ by me or under my direction in conformance with the Professional
Land Su~eyors Act.
AGREEMENT FOR PURCHASE OF PROPERTY I:UGHTS - Page 9 of 19
Park: Stevens Creek
DP. MNAGE E E#ENT Project: Stevens Canyon Road
Exhibit A-2 APN: 351-10-27
4.t55 OR 292 Ox~ ~1~??
COUNTY OF SANTA CLARA x~ ~ ~A~
4355 OR 292 ~ ~.B. COUNTY OF SANTA CLARA
7241 OR 721
~ ~-,,
LEGFND
- PROPER~ LINE LINE TABLE
- EASEMENT LINE UNE BEARING LENG~
MONUMENT LINE "'L1 S 21'35'16" W 43.29'
OR - OFFICIAL RECORDS L2 S 85~3'47" W ' 11.14'
P.O.B. - POINT OF BEGINNING L3 N 21'35'16" E
T.P.O.B. - ~E P~NT ~ BEGINNING L4 N ~9'35' E 17.55'
Subject · - DRAINAGE EASEUENT
"- ~1 ~ ~ ~40 Price Avenue STEVENS CANYON ROAD. CUPERT I ~
Redm~od City. CA 94063 Job No. g90204
c,...L,,.. ,..,.,~." ~50/482-6300
6~o/4~2-6399 (FAX) By KT Dote 09/20/01Chkd. IlL
SHEET 1 OF 2 "
AGREEHENT FOR PURCHASE OF PROPERTY R/GHTS - Page 10 of 19
EXHXBXT D
PARK: Stevens Creek
PROJECT: Stevens Canyon Road
APN: 351-21-9 & 351-10-27
CONSTRUCI'rON & ACCF-qs PFRMI'T
This is a Construction & Access Permit (Permit) from the COUNTY OF SANTA
CLARA (COUNTY) to the ClTY OF CUPER'I'[NO (CI'I'Y) to allow CTTY to access to
the Permit Area and the proposed drainage easement area to construct road and
drainage improvements for C1TY's Stevens Canyon Road project (PRO3ECT) and
restore COUNTY park lands and facilities. The Permit Area is shown on the
attached Exhibits A & B.
COUNTY will permit Cl'I'Y to construct the PRO3ECI: and restore COUNTY park
lands and facilities on the terms and conditions set forth below.
Z. TERN
Before CITY starts any construction using parklands, C1TY shall submit
landscaping plans for the COUNTY property next to the proposed retaining wall
to COUNTY for review and approval. COUNTY shall have 15 days to review and
comment on the plans. Cl'I'Y may not proceed with construction on COUNTY
parklands without COUNTY's approval of the landscaping plans. If COUNTY fails
to review and comment within the :!.5 days, ClTY's plans shall be deemed
approved. COUNTY shall not unreasonably withhold its approval.
The term of this Permit is 180 days from the date the Agreement for Purchase of
Property Rights is executed by both parties, unless extended by mutual written
agreement. C1TY shall provide COUNTY a copy of the performance bond for the
PRO.1ECT.
ZZ. CONSTRUCTZON
1. PRE-CONSTRUCTZON MEEI'ZNG
ClTY shall notify COUNTY's Construction Manager Mohamed Assaf (Project
Manager) (408) 355-2208; Fax (408) 355-2290), 72 hours in advance of any
pre-construction meetings.
2. PUBLZC ACCESS
CTrY shall keep the parking lot, entrance to, and public trails of Stevens
Creek County Park open to the public at all times, except for the closure of the
Rim Trail as provided below.
3. CONSTRUCT/ON PROHZBZTED
CZTY shall not use any COUNTY property outside the Permit area for any
construction activities.
4. PROTECT/ON OF PROPERTY
Before the start of construction, CI'I'Y shall provide protections and protective
structures (e.g., temporary fencing) with buffers extending one foot beyond drip
lines around existing native trees and adequate to protect existing sensitive /$~/,/
resources. CITY shall obtain the Project Manager's prior approval before
AGREEMENT FOR PURCHASE OF PROPERTY R~GHTS - Page 11 of 19
trimming or removing any existing trees. (COUNTY policy requires that trees of
12" or greater diameter or 20' or higher not be removed without a scheduled
_ public hearing before the COUNTY's Board of Supervisors.)
5, SZGNS
cTrY shall install and maintain information signs as directed by the COUNTY's
Project Manager before the start of and during the construction on Stevens
Canyon Road.
CITY shall place any signs required throughout the project at least 7 days in
advance of construction activities, cl'rY shall maintain the signs so that they
remain upright and visible to Park users, ct'fY shall immediately replace
damaged or missing signs according to the above requirements.
CITY shall Install additional signs within 24 hours of COUNTY's notice to do
so. [f such signs are not installed within 24 hours, construction activity in the
affected area shall stop until the required sign is installed. CITY shall hold
COUNTY harmless against all claims and damages arising from such suspension
of work.
CI'I'Y shall install signs specified by the COUNTY's Project Manager shown in
Exhibit C.
6. srrE CONDITJ;ONS.
a. Stakina - C1TY shall stake the Permit area before the start of construction.
COUNTY's PROJECT MANAGER shall have the right to 'inspect and approve
_. the staking before the start of construction.
b. Plant Markina -ClTY shall flag all plant material proposed for removal for
COUNTY's Project Manager to review and approve.
c. Backfill Trenches - At the end of each day, CITY shall backfill any trenches
with compacted native material and fence the trenched area.
d. Construction Fencina - C1TY shall install reflective construction fencing and
traffic cones at all work locations and maintain them in place until CTTY
completes construction, removes all material and equipment, and COUNTY
approves and accepts the restoration of park property..
e. Flaqgers - CITY shall provide taggers whenever CITY brings or removes
material and equipment to the site, and construction activity affects trail use.
f. Roads and Trails - All park roads and trails shall remain open at all times,
except for that portion of the Rim Trail to be closed for construction of the
retaining wall and drainage facility. CITY shall place a sign as shown on
Exhibit C at each end of the closed trail segment as directed by the Project
Manager to mark the closure and point out the approved detour.
g. Parking Lot Entrance - CITY shall maintain the entrance and the parking lot
free of dirt, debris, construction material, and equipment at all times.
h. ~=rosion Control - cl-rY shall practice erosion control at all times. CI'I'Y shall
submit its erosion control measures for the COUNTY's Project Manager's
" approval 72 hours before such measures may be needed.
- i. No Stagina - CITY shall not use any COUNTY property for a staging area.
j. Debris Removal - cI'rY shall remove all debris and hazardous materials
resulting from the CI'i'Y's operations to a legal dumpsite.
k. No Gradina -ClTY shall not grade any park property, except for the
realignment of the Rim Trail as designated by the COUNTY's Project /~-'1
AGREEMENT FOR PURCHASE OF PROPERTY R/GIfTS - Page 12 of 19
Manager.
7. CONSTRUCTION HOURS AND SCHEDULE.
Construction hours shall be from 7:00 a.m. to'5:00 p.m. Monday through
FridaY, except when an emergency arises. If an emergency arises, CLTY shall
immediately notify COUNTY's Project Manager, but no later than 24 hours from
the start of the emergency. All construction activities are included in these limits.
cTrY shall provide the Project Manager with 'its construction schedule at the
start of the project and a monthly update of the schedule.
8. DAMAGE PREVENT][ON.
CTTY shall exercise extreme care not to damage any vegetation or facilities in
the surrounding areas. CTI'Y shall request permission for trimming any trees
from the Project Manager at least 72 hours in advance. COUNTY's maintenance
staff may perform any permitted trimming.
9. COUNTY APPROVAL OF CONSTRUCTZON DOCUMENTS.
COUNTY has reviewed and approved the construction documents to date.
COUNTY shall have the right to approve all additional construction documents
that affect the Permit Area. C1TY shall submit such documents to the Project
Manager at least 10 working days before the additional construction starts in the
Permit Area. The COUNTY's Project Manager shall respond within five (5),
working days of receipt of additions. If COUNTY fails to review and comment
within the five days, C~I'Y's plans shall be deemed approved. COUNTY shall not
unreasonably withhold its approval. Construction shall not proceed without the
Project IVlanager's written approval of the documents.
ZZZ. RESTORATZON
Z. SZTE CONDZTZONS
CTTY shall repair any damage to COUNTY's property caused by its activities
before construction is completed and equipment is removed from the project
area. COUNTY's Project Manager shall review and approve repairs or restoration
at his discretion. Other conditions for restoration are as follows:
a. Landscaping Plan - CITY shall provide Project Manager with a landscaping
plan for the area affected by CTTY's construction. COUNTY shall approve the
plans in writing before CTTY begins any restoration.
b. Performance Bond - CTI'Y shall provide COUNTY a copy of the performance
bond for the PRO3ECT. If cTrY's contractor fails to complete the PROJECT
within the term of this Permit, including the above landscaping, C['I'Y shall
start to complete the landscaping within 30 days of the end of the Permit
term.
c. Rim Trail - CTTY shall restore the COUNTY's Rim Trail to its original or better
condition according to the plans approved by the COUNTY's Project Manager.
After restoration, CLTY shall provide COUNTY with as-built drawings of the
approved restoration.
AGREEMENT FOR PURCHASE OF PROPEETY. RIGHTS - Page [3 of [9
~/'. GI=NERt~I PROV?-el'ONe
2. REVOCA'FZON
COUNTY may only revoke this Permit for CZTY's breach of its conditions. If
CTTY breaches this Permit, COUNTY shall give CiTY five (5) days' written notice to
cure or make a good faith effort to cure the breach. If the breach is not subject
to cure within five (5) days, CZTY shall make a good faith effort to begin to cure
the breach. Upon revocation or end of this Permit, CTTY shall remove all
equipment and materials immediately from COUNTY's property and leave the
property. CTi'Y shall leave COUNTY's property in a clean, neat and safe condition.
2. RETAZNZNG WALL HAZNTENANCE
CITY shall be solely responsible for the maintenanCe and cleaning of graffiti
or discoloration on the retaining wall.
CTI'Y will respond to notification of graffiti within 24 hours of notification. [f
CZTY fails to remove graffiti or discoloration on retaining wall within three (3)
working days, COUNTY shall have the right to proceed with clean up measures
and bill CTTY for COUNTY's costs plus $100.00 administrative fee.
CONDZ'i'~ON OF PERMZT AREA
COUNTY does not warrant or represent that the Permit Area is safe, healthful
or suitable for the permitted use under this Permit. CTI'Y agrees to conduct its
own investigations and make its independent determination of such matters.
4. CZI'Y'S RZSK
CTTY assumes all risks connected to entry to the Permit Area under this
Permit.
5. WAZVER OF CLAIM
CTTY waives any claim against COUNTY, its employees and agents for
injuries sustained by CZTY in the Permit Area and for any damage to CTI'Y's
property, except for claims that may be due to the COUNTY's comparative
negligence or willful misconduct.
6. ZNDEMNZFZCATZON
CITY expressly assumes for itself, its agents, employees, and contractors all
risks and damages to persons or property caused by the exercise of rights and
privileges granted under this Permit or by any wrongful or negligent act or
omission of CTI'Y, its agents or employees.
CTrY agrees to indemnify and hold COUNTY harmless from all claims,
actions, damages, liabilities, costs and expenses, which may arise or are asserted
against COUNTY from CTI'Y's breach, violation, or nonperformance of any
condition under this Permit. Tn addition, CiTY also agrees to indemnify COUNTY
because of injuries to persons or damages to property to the extent that such
damage or injury may be caused by any act or omission, negligent or not, of
CTI'Y or any of its agents, employees, or contractors or of any other person
entering the Permit Area with CTI'Y's express or implied invitation. CTI'Y's
indemnity of COUNTY also extends to any such injury or damage that may in any..
other way arise from or out of the occupancy or use of CZ'I'Y, its agents,
AGREEMENT FOR PURCHASE OF PROPERTY RIGHTS - Page 14 of 19
employees, or contractors of the Permit Area.
C1TY's assumptions of risk and indemnities stated in this Paragraph 7 shall
not extend to those portions of loss or damages caused by COUNTY's
comparative negligence or willful misconduct.
7. ZNSURANCE
C1TY shall ensure that its contractors maintain in full force and effect
comprehensive automobile and general liability insurance covering bodily and
personal injury and property damage throughout the term of this Permit at C1TY's
or contractor's sole cost and expense.
CTTY shall provide coverage for the COUNTY equal to C1TY's coverage in all
such insurance or self-insurance. Any other insurance maintained by COUNTY,
its officers, agents and employees, shall be excess onlY and not contributing with
insurance provided under said CTTY insurance.
Such insurance policies shall not be canceled or materially .changed without
thirty (30) days' advance written notice to the COUNTY at the address shown
under NOTZCES.
8. COMPENSA'I'~ON FOR DAMAGE
CtTY agrees to pay COUNTY reasonable compensation for any damage not
repaired through CZTY's restoration of affected areas caused or allowed by CTTY
while exercising the rights and privileges granted under this Permit.
9.-NOI'~CE
CLTY shall provide any notice required under this Permit to the COUNTY's
Project Manager Mohamed Assaf (Tel. 408-355-2208 - FAX 408- 355-2290).
Failure to notify is cause for revocation. Other written communications required
or permitted shall be served personally or by United States mail. Such service by
mail shall be considered given if deposited in United States mail, first class,
postage prepaid, addressed as follows:
COUNTY CTrY
Construction Management City of Cupertino Dept. of Public Works
Parks & Recreation Department Carmen M. Lynaugh, Public Works Proj. Mgr.
298 Garden Hill Drive 3.0300 Torre Avenue
Los Gatos, CA 95032 Cupertino, CA 95014
408-355-2208 408-777-32 ! S
10. LAWS AND PERMZTS
CLTY shall comply with all laws, statutes, regulations, and administrative
orders, obtain all permits which may be required by public agencies having
jurisdiction over the Ct'i'Y's activities and comply with all conditions and
requirements set forth in the permits issued by such public agencies at its sole
cost and expense.
11. AMENDMENTS
Any amendments to this Permit must be made in writing and executed by
both parties.
AGREEMENT FOR PURCHASE OF PROPERTY R/GHTS - Page 15 of 19
12. DELEGAI'J;ON OF AUTHORZTY
COUNTY delegates authority to the COUNTY's Director of Parks and
._. Recreation to execute any documents to carry out the purposes of this Permit,
including, but not limited to, amendments to the Permit.
?
COUNTY OF SANTA CLARA cz'rY OF CUPERI~NO
Donald F. Gage, Chairperson Richard Lowenthal
Board of Supervisors Mayor
Date: Date:
/~,'/q
AGREEMENT FOR PURCHASE OF PROPERTY RIGHTS - Page 16 of 19
PARK: Stevens Creek
PRO2ECT: Stevens Canyon Ro~d
APN: 351-21-9 & 351-10-27
ONSTRUCTION & ACCESS' PFRMTT
EXHXBI"T A - Construction Area
All that real propany situate in the City of Cupertino, County of Santa Clara, State of California, being a
portion of the parcel as described in that certain deed to the County of Santa Clara recorded on January
10, 1966 in Book 7241 of Official Records at Page 721, Santa Clara County Records, more particularly
described as follows:
Commencing at a monument at Station 30+15.68 as shown along the monument line of Stevens Canyon
Road on that certain Record of Survey filed onof.~e~, 2001 in Book
through 7~ , said county records;
Thence along said monument line South 66°48'16" West, 7/.47 feet;
The~ leaving said monument line at right angles South 23011'44" Fast, ~33.00 feet to a point on the
northerly line of above said parcel, said point being tho TRUE POINT OF I~F.13INNINC];
Thence along said noxlhwestedy line, North $6°19'35" Fast, 68.74 feet;
Thence leaving said northwesterly line, North 66°48'16" East, 9.88 feet to the beginning of a curve to
Thence along said curve having a radius of 279.$0 feet, through a central angle of 29016'49', for an arc
length of 142.83 feet;
Thence South 83°54~$6" Fast, 46.90 feet to the northeasterly line of said parcel;
Thence along said northeasterly line, South $8°41'16' Fast, 29.33 feet;
Thence leaving last said line, North 83054'$6'' West, 73.44 feet to the beginning of a curve to the left;
Thence along.said curve having a radius of 267.00 feet, through a central angle of 29°16'49'', for an arc
length of 136.45 feet;
Thence South 66°48'16'' West, 77.47 feet to tho TRUE PO]~l' OF BF_~INN~G.
Containing an area of 3044 squar~ feet, mor~ or less.
A plat showing the above-described parcel is attached he, in and made a part hereof as Exhibit A~..
This description was p~-p~ by m~ or under my direction in conformance with the Professional Land
Surveyors Act.
Itl _._ ~,._
AGREEHENT FOR PURCHASE OF PROPERTY RIGHTS - Page 17 of 19
PARK: Stevens Creek
PROJECT: Stevens Canyon Road
AI~J: 351-21-9 & 351-10-27
~-ON~rR, ICTTON & ACrFS~;' pI=RMTT
EXHZBTr A-I - Construction Area
P MAPS
LEGEND
,,. PROPERTY LINE.
..... EASEMENT UNE
MONUMENT LINE
OR - OFFICIAL RECORDS
POB - POINT OF' BEGINNING
TPOB - 'TRUE POINT OF' BEGINNING
'T.C.E.- TEMPORARY CONSTRUCTION
EASEMENT
MONUMENT UNE
_ .--'"' ~ PER~._.~_=~ .IVlAP~Z_~,-'Z'~ · h..._
O~ ~= POB -- --- -~'-~--
,~'~ 1,2 T.C.E. c,.T DOC. NO.
/ TPOB COUNTY OF 3,044 sq. ft. 5294858
SANTA CLARA
7241 OR 721
,,.',.,,,NO O, ST.,N~ .~L"
L,N" .",..,N~ L~NO~
.', ,,.,',,'~'~' ,,,.,,,'
~ S ..'.,,',.'.,
. ., ~,.,.,~-~
Ct 279.50' 29'm'49' 142.83'
~)%"~'~~'/ C2 267.00' 29'16'49" 136.45'
*' Subject T.C.£.
II"llll~~ll[ se0 Prke Avmue STEVE:NS 'CANYC]N ROAD. CUPERTINO
'-- Radwood City. CA 94063 Job No. 990204
""'-,".. '-....,.. ~0/482-6300
6~o/,m2--63~(rAx) By WS Date 08/14/01Chkd. M.
SHEET 1 OF 1
'"'"' " '"- /~;~1
AGREEHENT FOR PURCHASE OF PROPERTY RIGHTS - Page 18 of 19
~uu u / ,~~~.~ ~ / ~ / ~ ~.
~ l.-~ ~' - ~~)1
.... F~ ' -/~ 12 TEMPORAR~. PARK~G LOT
/ I~ .' ', ~ ................. . "- .... ~"
~: ~:,,..:'- I ....... LANDS OF COUNTY OF SANTA CLARA
'i'~ ~ I PARKS AND RECREATION DISTRICT
~ ~T[~PORARY CONSTRUCTION ACCESS
EASEMENT ALONG EX. ROAD '
AREA=5754 SF
RESOLLrrION NO. 02-070
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
EXECUTION OF A CONSTRUCTION AND ACCESS PERMIT BETWEEN THE
COUNTY OF SANTA CLARA TO THE CITY OF CUPERTINO
WHEREAS, on November 19, 2001 City Council awarded the contract for Street
Widening for Stevens Canyon Road; and
WHEREAS, as part of this projec~ the City must construct a retaining wall along
the County of Santa Clara's Stevens Creek Park's pwperty.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of
Cupertino hereby authorizes the Mayor to execute said "Construction and Access Permit"
on behalf of the City of Cupertino.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of
Cupertino this 15t~ day of April, 2002, by the following vo~e:
Vote Members of the City Council
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST: APPROVED:
City Clerk Mayor, City of Cupertino
15.23
PARK: Stevens Creek
PROJECT: Stevens Canyon Road
APN: 351-21-9 & 351-10-27
CON~'rRucTrON & ACCI:~qS PFRMI'I'
This is a Construction & Access Permit (Permit) from the COUNTY OF SANTA
CLARA (COUNTY) to the C1TY OF CUPERTZNO (CI'I'Y) to allow C1TY to access to
the Permit Area and the proposed drainage easement area to construct road and
drainage improvements for CTI'Y's Stevens Canyon Road project (PROJECT) and
restore COUNTY park lands and facilities. The Permit Area is shown on the
attached Exhibits A & B.
COUNTY will permit CTTY to construct the PROJECT. and restore COUNTY park
lands and facilities on the terms and conditions set forth below.
3:. TERM
Before CI'[Y starts any construction using parklands, CTTY shall submit
landscaping plans for the COUNTY property next to the proposed retaining wall
to COUNTY for review and approval. COUNTY shall have 15 days to review and
comment on the plans. CTTY may not proceed with construction on COUNTY
parklands without COUNTY's approval of the landscaping plans. If COUNTY fails
to review and comment within the 15 days, C1TY's plans shall be deemed
approved. COUNTY shall not unreasonably withhold its approval.
The term of this Permit is 180 days from the date the Agreement for Purchase of
Property Rights is executed by both parties, unless extended by mutual written
agreement. C1TY shall provide COUNTY a copy of the performance bond for the
PROJECT.
Z:[. CONSTRUCT/ON
1. PRE-CONSTRUC'rZON lUlEETZNG
CI'i'Y shall notify COUNTY's Construction Manager Mohamed Assaf (Project
Manager) (408) 355-2208; Fax (408) 355-2290), 72 hours in advance of any
pre-construction meetings.
2. PUBLZC ACCESS
CTTY shall keep the parking lot, entrance to, and public trails of Stevens
Creek County Park open to the public at all times, except for the closure of the
Rim Trail as provided below.
3. CONSTRUCTZON PROHIBZTED
CTTY shall not use any COUNTY property outside the Permit area for any
construction activities.
4. PROTECT/ON OF PROPERTY
Before the start of construction, CITY shall provide protections and protective
structures (e.g., temporary fencing) with buffers extending one foot beyond drip
lines around existing native trees and adequate to protect existing sensitive
resources. CI'I'Y shall obtain the Project Manager's prior approval before 15-;~
CONSTRUCT/ON & ACCESS PERMZT - Page I of 9
trimming or removing any existing trees. (COUNTY policy requires that trees of
12" or greater diameter or 20' or higher not be removed without a scheduled
-- public hearing before the COUNTY's Board of Supervisors.)
5. SZGNS
C1TY shall install and maintain information signs as directed by the COUNTY's
Project Manager before the start of and during the construction on Stevens
Canyon Road.
CITY shall place any signs required throughout the project at least 7 days in
advance of construction activities. C1TY shall maintain the signs so that they
remain upright and visible to Park users. CTI'Y shall immediately replace
damaged or missing signs according to the above requirements.
CITY shall install additional signs within 24 hours of COUNTY's notice to do
so. if such signs are not installed within 24 hours, construction activity in the
affected area shall stop until the required sign is installed. CTTY shall hold
COUNTY harmless against all claims and damages arising from such suspension
of work.
CI'I'Y shall install signs specified by the COUNTY's Project Manager shown in
Exhibit C.
6. SZTE CONDZl'J:ONS.
a. Stakine - CI'I'Y shall stake the Permit area before the start of construction.
COUNTY's PROJECT MANAGER shall have the right to inspect and approve
- the staking before the start of construction.
b. Plant Markina - CTI'Y shall flag all plant material proposed for removal for
COUNTY's Project Manager to review and approve.
c. Backfill Trenches - At the end of each day, CTTY shall backfill any trenches
with compacted native material and fence the trenched area.
d. Construction Fencina -ClTY shall install reflective construction fencing and
traffic cones at all work locations and maintain them in place until CTTY
completes construction, removes all material and equipment, and COUNTY
approves and accepts the restoration of park property.
e. Fla~cjers - CITY shall provide flaggers whenever cl-rY brings or removes
material and equipment to the site, and construction activity affects trail use.
f. Roads and Trails - All park roads and trails shall remain open at all times,
except for that portion of the Rim Trail to be dosed for construction of the
retaining wall and drainage facility. Cl'I'Y shall place a sign as shown on
Exhibit C at each end of the closed trail segment as directed by the Project
Manager to mark the closure and point out the approved detour.
g. Parkinq Lot Entrance - CITY shall maintain the enl~rance and the parking lot
free of dirt, debris, construction material, and equipment at all times.
h. Erosion Control - CI'I'Y shall practice erosion control at all times, cl-rY shall
submit its erosion control measures for the COUNTY's Project Hanager's
approval 72 hours before such measures may be needed.
'- i. No Stacjin~ -ClTY shall not use any COUNTY property for a'staging area.
Debris Removal - CTTY shall remove all debris and hazardous materials
resulting from the CZTY's operations to a legal dumpsite.
coNSTRUCTTON Sr. ACCESS PERHI'r - Page 2 of 9
k. No GradinQ - C1TY shall not grade any park property, except for the
realignment of the Rim Trail as designated by the COUNTY's Project
Manager.
7. CONSTRUCTXON HOURS AND SCHEDULE.
Construction hours shall be from 7:00 a.m. to 5:00 p.m. Monday through
Friday, except when an emergency arises. If an emergency arises, CI'TY shall
Immediately notify COUNTY's ProJect Hanager, but no later than 24 hours from
the start of the emergency. All construction activities are included in these limits.
ClTY shall provide the Project Manager with its construction schedule at the
start of the project and a monthly update of the schedule.
8. DAHAGE PREVENTXON.
CI'FY shall exercise extreme care not to damage any vegetation or facilities in
the surrounding areas. Cl'I'Y shall request permission for trimming any trees
from the Project Hanager at least 72 hours in advance. COUNTY's maintenance
staff may perform any permitted trimming.
9. COUNTY APPROVAL OF CONSTRUCT'XON DOCUHENTS.
COUNTY has reviewed and approved the construction documents to date.
COUNTY shall have the dght to approve all additional construction documents
that affect the Permit Area. CITY shall submit such documents to the Project
Manager at least 10 working days before the additional construction starts in the
Permit Area. The COUNTY's Project Hanager shall respond within five (5)
working days of receipt of additions. If COUNTY fails to review and comment
within the five days, CI"I'Y's plans shall be deemed approved. COUNTY shall not
unreasonably withhold its approval. Construction shall not proceed without the
Project Manager's written approval of the documents.
XXX. RESTORATXON
1. StTE CONDZTIONS
CTTY shall repair any damage to COUNTY's property caused by its activities
before construction is completed and equipment is removed from the project
area. COUNTY's Project Hanager shall review and approve repairs or restoration
at his discretion. Other conditions for restoration are as follows:
a. Landscaping Plan - CTTY shall provide Project Manager with a landscaping
plan for the area affected by CI'I'Y's construction. COUNTY shall approve the
plans in writing before ClTY begins any restoration.
b. Performance Bond - CI'i'Y shall provide COUNTY a copy of the performance
bond for the PRO.1ECT. [f CTTY's contractor falls to complete the PRO3ECT
within the term of this Permit, Including the above landscaping, cl-rY shall
start to complete the landscaping within 30 days of the end of the Permit
term.
c. Rim Trail -ClTY shall restore the COUNTY's Rim Trail to its original or better
condition according to the plans approved by the COUNTY's Project Hanager.
After restoration, CI'FY shall provide COUNTY with as-built drawings of the ..
approved restoration.
CONSTRUCT/ON & ACCESS PERlulIT - Page 3 of 9
2'V. ~=I=NFRA~ PROV'r-e?ON-~
-. 1. REVOCA'rZON
COUNTY may only revoke this Permit for Cl'l'Y's breach of its conditions. [f
Cl'I'Y breaches this Permit, COUNTY shall give CTTY five (5) days' written notice to
cure or make a good faith effort to cure the breach. If the breach is not subject
to cure within five (5) days, CITY shall make a good faith effort to begin to cure
the breach. Upon revocation or end of this Permit, CITY shall remove all
equipment and materials immediately from COUNTY's property and leave the
property. ClTY shall leave COUNTY's property in a clean, neat and safe condition.
2. RETAZNZNG WALL HAZNTENANCE
Cl'rY shall be solely responsible for the maintenan'ce and cleaning of graffiti
or discoloration on the retaining wall.
CITY will respond to notification of graffiti within 24 hours of notification. If
CTrY falls to remove graffiti or discoloration on retaining wall within three (3)
working days, COUNTY shall have the right to proceed with clean up measures
and bill ClTY for COUNTY's costs plus $100.00 administrative fee.
3. CONDZT~ON OF PERM~t'I' AREA
COUNTY does not warrant or represent that the Permit Area is safe, healthful
or suitable for the permitted use under this Permit. CZTY agrees to conduct its
own investigations and make its independent determination of such matters.
4. CZTY'S I~TSK
CTi'Y assumes all risks connected to entry to the Permit Area under this
Permit.
5. WAZVER OF cLa-TM
C:FI'Y waives any claim against COUNTY, its employees and agents for
injuries sustained by Cl-rY in the Permit Area and for any damage to c1mY's
property, except for claims that may be due to the COUNTY's comparative
negligence or willful misconduct.
6. ];N DEIq N];F]:CA'I'~ON
CITY expressly assumes for Itself, its agents, employees, and contractors all
risks and damages to person~ or property caused by the exercise of rights and
privileges granted under this Permit or by any wrongful or negligent act or
omission of CITY, its agents or employees.
CITY agrees to indemnify and hold COUNTY harmless from all claims,
actions, damages, liabilities, costs and expenses, which may arise or are asserted
against COUNTY from CTW's breach, violation, or nonperformance of any
condition under this Permit. In addition, cI'rY also agrees to indemnify COUNTY
because of injuries to persons or damages to property to the extent that such
damage or injury may be caused by any act or omission, negligent or not, of
cl'rY or any of its agents, employees, or contractors or of any other person
entering the Permit Area with CITY's express or implied Invitation. CITY's
Indemnity of COUNTY also extends to any such Injury or damage that may in any.
other way arise from or out of the occupancy or use of CITY, its agents, !
coNSTRUCTION & ACCESS PEP. HiT - Page 4 of 9
employees, or contractors of the Permit Area.
CI'TY's assumptions of risk and Indemnities stated in this Paragraph 7 shall
not extend to those portions of loss or damages caused by COUNTY's
comparative negligence or willful misconduct.
7. TNSURANCE
C~I'Y shall ensure that its contractors maintain in full force and effect
comprehensive automobile and general liability insurance covering bodily and
personal Injury and property damage throughout the term of this Permit at cTTY's
or contractor's sole cost and expense.
CTI'Y shall provide coverage for the COUNTY equal to CTI'Y's coverage in all
such insurance or self-insurance. Any other insurance maintained by COUNTY,
its officers, agents and employees, shall be excess only and not contributing with
Insurance provided under said CTTY insurance.
Such insurance policies shall not be canceled or materially changed without
thirty (30) days' advance written notice to the COUNTY at the address shown
under NOTICES.
8. COMPENSAI'J:ON FOR DAMAGE
CITY agrees to pay COUNTY reasonable compensation for any damage not
repaired through CITY's restoration of affected areas caused or allowed by CTTY
while exercising the rights and privileges granted under this Permit.
9. NOTZCE
C1TY shall provide any notice required under this Permit to the COUNTY's
Project Manager Mohamed Assaf (Tel. 408-355-2208 - FAX 408- 355-2290).
Failure to notify is cause fo.r revocation. Other written communications required
or permitted shall be served personally or by United States mail. Such service by
mail shall be considered given if deposited in United States mail, first class,
postage prepaid, addressed as follows:
COUNTY CITY
Construction Management City of Cupertino Dept. of Public Works
Parks & Recreation Department Carmen M. Lynaugh, Public Works Proj. Mgr.
298 Garden Hill Drive 10300 Torte Avenue
Los Gatos, CA 95032 Cupertino, CA 95014
408-355-2208 408-777-3215
10. LAWS AND PERMI"TS
C1TY shall comply with all laws, statutes, regulations, and administrative
orders, obtain all permits which may be required by public agencies having
jurisdiction over the CITY's activities and comply with all conditions and
requirements set forth in the permits Issued by such public agencies at its sole
cost and expense.
11. AMENDMENTS
Any amendments to this Permit must be made in writing and executed by
both parties.
CONSTRUCT/ON & ACCESS PERMIT - Page S of 9
12. DELEGA11:ON OF ALrrHORI"TY
COUNTY delegates authority to the COUNTY's Director of Parks and
Recreation to execute any documents to carry out the purposes of this Permit,
including, but not limited to, amendments to the Permit.
COUNTY OF SANTA CLARA C1TY OF CUPERT/NO
Donald F. Gage, Chairperson Richard Lowenthal
Board of Supervisors Mayor
Date: Date:
CONSTRUCTION & ACCESS PERMTr - Page 6 of 9
PARK: Stevens Creek
PROJECT: Stevens Canyon Road
APN: 351-21-9 & 351-10-27
CON- I'RUCTXON & ACCI=. ' PS:RMTT
EXHXBXT A - Construction Area
All that mai property situate in thc City of Cupertino, County of Santa Clara, Stme of California, being
portion of thc parcel es described in that cor2in deed to thc County of Santa Clara recorded on January
10, 1966 in Book 7241 of Official Records at Pagg 721, Santa Clara County Records, more particularly
described as follows:
Commencing at a monument at S2fion 30+15.68 as shown along thc monument linc of Stevens Canyon
Road on flu~t certain Record of Survey filed onOf~, 2001 in Book '7~-2. of Maps al pages
Thence along said monument linc South 66048, 16' West, 7/.47 feet;
Thence leaving said monument line at tight angles South 23011'44'' East, 33.00 feet to a point on the
northorly linc of above said parcel, said point being the TRT. fE POINT OF BF_~3XHNING;
Thence along said northwesterly line, North 56019'35" East, 68.74 feet;
Thence leaving said northwesterly line, North 66048'16" East. 9.88 feet to the beginning of a curve to
thc right;
Thence along said curve havinga radius of 279.50 feet, through a central angle of 29016'49'', for an arc
length of 142.83 feet;
Thence South 83054+56'' East, 46.90 feet to the northeasterly line of said parcel;
Thence along said northeasterly line, South 58041' 16" Fast, 29.33 feet;
Thence leaving last said line, North 83054'56'' West, 73.44 feet to the beginning of a curve to the left;
Thence along said curve having a radius of 267.00 feet, through a central angle of 29016'49", for an arc
length of 136.45 feet;
Thence South 66°48'16'' West, 77.47 feet to the TRUE POINT OF BEGINNING.
Containing an area of 3044 square feet, more or less.
A plat showing the above-described parcel is attached herein and mad~ a part hereof as Exhibit
This description was prepaid by me or under my direction in conformance with the Professional Land
Surveyors Act.
CONSTRUCT/ON & ACCESS PERHIT - Page 7 of 9
PARK: Stevens Creek
PROJECT: Stevens Canyon Road
APN: 351-21-9 & 351-10-27
CONSTRIICTTON & A~.CF.~(~'PFRMTT
EXHTBI"T A-1 - Construction Area
P MAPS
LEGEND
~ - PROPERTY UNE .,
..... EASEMENT UNE
MONUMENT LINE
OR - OFFICIAL RECORDS
POB - POINT OF BEGINNING
TI)OB - TRUE POINT OF BEGINNING
T.C.E. - TEMPORARY CONSTRUCTION
EASEMENT
MONUMENT UNE
---- ~.......,ER'~_Z. ,^, Z:~-~.
~-- T C.F- L3~ CORBALLS~"
/~ ~.2 :~.o4,; ,q. Doc. NO.
TPOB $~NTOU~ cTYLAORFA 4858
7241 OR 721
BEARING DISTANC~ TABLE
UNE BEARING LENGTH
L1 N 56'19'35' E 68.74'
L2 S 66'48'16' W 77.47'
/~ --1~ L3 N 83'54'56' W 73.44'
,, o...
~.~.~ ~[~.t~ND " L7 S 2.3'11'44' E
/F~'/~~ ~'~/' C2 267.0C)' 29'16'49" 136.45'
Subject T.C.E.
Redwood City, CA 94063 Job NO. 990204
· '""",',.. '"""''. 6~0/4~2-6300
65o/482-63go (FAX) By WS Dote 08/14/01Chkd. MI.
SHEET I OF I
:-
.-... _ .._ /~.~/ ..-..
CONSTRUCTION ar ACCESS PERNtT - Page 8 of 9
CITY OF CUPERTINO
PERMIT APPLICATION FORM "
.- CUPER~TINO
Quantity Fee ID Fee Description Fee Group
BP. EMPOWER Power Device/Apparatus ELECTRICAL
BREMRECEPT Reptl, Switch & Outlets ELECTRICAL
BREMRELOCA Relocation of Hood MECHANICAL
BREMI~EPALT Repair/Alter Heating MECHANICAL
BREMRESAPP Remodel Res Appliance ELECTRICAL
BREMSIGNAD Rmdl Signs Add Branch ELECTRICAL
BREMSIGNS Remodel Signs, Marquee ELECTRICAL
B~TR TheaUical Lighting Fix ELECTRICAL
BREMVENFAN Vent Fan Single Duct MECHANICAL
BREMVENSYS Ventilation Systems MECHANICAL
BSCBLVD Scb Spedfic Plan BUILDING
BSEISMICOM Seismic Commercial BUILDING
BSEISMICRE Seismic Fee Res BUILDING
BSF&2FAM S/nr. Je & 2 Family BUILDING
BSFNA Single Family New Add BUILDING
BSPECIAL Special In~ection BUILDING
BSWIM Swimming Pool BUILDING
BTEMP Temporary Power ELECTRICAL
-. BTEMPPERM Temporary Bldg Permit BUILDING
BTEMPSVCS Temp Dist Svcs ELECTRICAL
BUSLIC Business License BUILDING
ELECTRIC Electrical sq foot ELECTRICAL
EPERMITFEE Elec Permit Issuance ELECTRICAL
MPERMFEE Mechanical sq. foot MECHANICAL
MPERMITFEE Mech Permit Issuance MECHANICAL
PPERMITFEE Plumbing Permit Issue PLUMBING
PPLBG Plumbing Fee SCl foot PLUMBING
ZADDCHG Address Change BUILDING
CITY OF CUPERTINO
PERMIT APPLICATION FORM
CUPERTINO
APN # Date:
Building Address:
Owner's Name: Phone #:
Contractor: License #:
Contact: Phone #:
Apphcant/Contractor: Fax #:
Building Permit Info:
Bldg Elect Plumb Mech
Job Description:
Residential: Commercial:
Sq.Ft. Floor Area: $/Sq. Ft.:
Architect/Engineer: Valuation:
Type of Construction: Occupancy Group:
Quantity Fee ID Fee Description Fee Group
BAPPLOTHER Other Appliances MECHANICAL
BBLDGFEE Bldg Permit sq. foot BUILDING
BBOILER1 Boiler <= 100,000 Btu MECHANICAL
BBOILER2 Boiler > 100K to $00K Btu MECHANICAL
BBOILER.3 Boiler > S00K to 1M Btu MECHANICAL
BBOILER4 Boiler > 1M to 1.75 M Btu MECHANICAL
BBOILER.5 Boiler > 1.75M Btu MECHANICAL
BCONSTAX Construction Tax BUILDING
BCONSTAX Ind/Off/Comm/Quasi BUILDING
BCONSTAXBQ Con. Tax for BQ Zone BUILDING
BCONSTAXH Hotel and Motel BUILDING
BCONSTAXR Constax - Rcsi/Mobile BUILDING
BELECI 0OO ' Eiec 600V <-- 10OOA ELECTRICAL
BELEC 1 OO1 Elec 600V > I OOOA ELECTRICAL
BELEC200 Elec Svcs 6OOV <= 2OOA ELECTRICAL
BENERGY Energy BUILDING
BENERGYADD Energy Add Multi BUILDING
BINVESTIGA Investigation fee BUILDING
BMrrlGATC Comm. Housing Mit. Fee BUILDING
.~ City Hall
! 0300 Tone Avenue
CITY OF cupertino, CA 95014-3255
Telephone: (408) 777-3220
CUPEI INO ,,.,,,.,,6,
DEPARTMENT OF ADMINISTRATIVE SERVICES
Agenda Item No. Meeting Date: April 15, 2002
SUBJECT AND ISSUE
Renewal of the Law Enforcement Contract with Santa Clara County for Additional
Three Years
Background
On June 30, 2002 our contract for law enforcement services will expire with Santa Clara County.
At this time. the City has two options: A) re-negotiate the contract in conjunction with the other
affected West Side cities of Saratoga and Los Altos Hills; or B) provide written notice of our
.- desire to renew the contract for an additional three (3) year period.
The existing contract was negotiated in 1997 for a five-year period. At that time, the contract
was simplified and re-written in its entirety. The negotiation team consisted of the City
Managers from Cupertino, Saratoga. Los Alms Hills and myself. The county had approximately
10 people on their team and negotiations included six to eight meetings with the county and
several with our team.
On review of the existing agreement, there are very few changes that need to be made to the
contract. We currently have the opportunity to modify our service level each year for base or
supplemental services, have defined an equitable transfer policy and an emergency service
response strategy, and have limited the contract increases to Santa Clara County's negotiated
employment contracts or the March to March CPI for urban wage earners, whichever is less.
There are four areas that have been identified that the City would want to change. These are:
~- Our current School Resource Officer, Janet Shannon, is scheduled for transfer on July 1,
2002. Based on her outstanding performance with our youth, the City desires to keep her
in the Cupertino community.
~- Our current probation officer, Linda Rios, is paid by the City, FUHSD and CUSD to
serve our community. Her current "client base" has been expanded to a neighboring area
- without our knowledge, thus diluting her effectiveness. The City desires to re-establish
her duties to the former Cupertino area only.
Pnntea on Recycled Paper
The Westside Substation lease will end shortly and the City is currently proposing to
move a portion of the Westside personnel to the Cupertino Community Services office
area at the Quinlan Community Center effective January l, 2003. The City would desire
to re-word section IIC to reflect this new configuration.
Since we are no longer provided with a March CPI for urban wage earners, we
recommend that a February to February CPI is replaced and consistently applied.
Recommendation
Based on the review of our existing Santa Clara County law enforcement contract, staff
recommends that the City renew the contract for an additional three years ending June 30, 2005,
provided an addendum to the contract can be reached on the four items listed above.
Submitted by: Approved for submission:
Carol A. Atwood David W. Knapp
Director of Administrative Services City Manager
RESOLUTION 02.-071
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF CUPERTINO AUTHORIZING EXECUTION OF AGREEMENT
WITH SANTA CLARA COUNTY FOR LAW ENFORCEMENT
AND EMERGENCY COMMUNICATION SERVICES
WHEREAS, there has been presented to the City Council an agreement between
the City of Cupertino and the Santa Clara County setting forth the terms and conditions
for provision of law enforcement and emergency communication services for the City;
and
WHEREAS, said agreement has been reviewed and approved by the City
Manager and the City Attorney;
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of
Cupertino hereby approves the aforementioned agreement and authorizes the City
Manager and the City Clerk to execute said agreement on behalf of the City of Cupertino.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of
Cupertino this day of April 2002 by the following vote:
Vote Members of the City Council
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST: APPROVED:
City Clerk Mayor, City of Cupertino
/b'$
LAW ENFORCEMENT CONTRACT
TI-HS IS AN A(3P~M]D~T betwsan the County of Sum Cim'a. State of Ctlifomi~, hen~insf~ s~m~d to
m "County," sad ~be City of . St~ of California, ~ r~fm~l to m "City."
WHE~, County has the lepl authority to render hw anf~.~.n~r, nt seryices and criminal justice
administrntiv~ services to incorporated cities in the County of Santa Clara and is equippod and willing to do so to the
extent and in tbe manner hereinafter provided; and
WHEREAS, City is lnimarily ruponsibk for pmvidin~ law enh~.,~.nt services within city limits and is
desirous of contracting with the County for the rondition of such services; and
WHEREAS, County nd City desire to enter into an qrecmant providing for said services, specifTing the
natu~ and extent thereof and es,rabbling co..,l~e~-fion to be paid therefor;
NOW, THEREFORE, the paflies ber~ to asr~ m follows:
I. LAW. ENFORCEMENT SERVICES
A. Law Enforcement Services
1. Within the co, t~,,do limits of City, County shall lnvido police protection thronsh its Sheriffs
Deparnnant as may be required by City andes within tim capability of the Sberiff to provide. Services to
be performed under this Sec~ou A include patrol of,"~nMi-~ besl~ ew4~ryf! to emer~ancy calh,
investiptive services, and other law enfo,,.e..,~.nt servicu. ~ cost of such services shall be set forth in
Exhibit B attached.
2.The r~ndition of such services, the ~ ds of f~f~ance, the discipline of officers, and other mm
incident to the performance of such services shall remain in the discretion of the Sheriff.
3. In the event of a disa~m~nt as to the [.~f~ --ce or amount of the services to be provided pursuant to
this Section A, the Sheriff' or his desiples shll meet with the t~4A:se ' We(s) of City to mvkw the
manner of performance of such serdces.
B. Supplemental Serviees
!. Within the co, t~c~m llm~ of City, County sham, tlmmfh its Sberiff*s D~f,&~cnt, provide supplo-,~.ntal
services u requested by lbo City, the cest of such services sboll bo at tbo rate set forth in Exhibit A.
Sorv~ces to bo f~f~m0d under this Section B shall bo lxovidod exclusively within the City limits of City
except k an +.,dei$~th.y. b services may includo, Lf ~ by C3ty, traffic ¼w enforcement beyond
the basic services, crimo L(Svmti~n pefrob, md other law enfo~.~;..nt sorvicea that are capabio of beins
sc~,b,d and within du capability of tbe Sbaffr to pmvido.
2.Tbe plan of potrol, b bours of coveup ami other similar demb sboll be doumined, insofar m it it
possible to do so, by b mutoal consont of b M and tho City Manaser of City.
.. 3. Tho kvel of requested s~.pi~ r,~ t services shall bo ,~,,~ '--~ by mutual written af~...c.m between tho
County and the City prior to tho b~_',,~h,$ of the bcd year. Tho sjn~ upon level of s~opl.thontal
Citymay, atanytinmdurinfthetermof~hiscontra~mpmtl_..pi: -_~ ~ service fromlbo Shefifff~a
specificpefiodwithinanybealyesr. SaMA~...~tforS. fpl- -~-tServjcesshallbean-'-'~; to
C. Supplemental Reserve Servlees
These services are provided by reserve deputy sheriffs. Their primary ruponsibifity is the patrolling of Ihe
parb within City. lbo transportation of mutees from lhe arrest location to the sl,~.p~at~ jail facility, md
additiousl services u requemd by ~ty md approved by the SherifFs K. puunm.
D. Plan for Service
!. Prior to April of each contract year City shall provide to the Sheriff · written sutement of the level of law
enfc~..,~nt mavice to be provided duelM the comi~ contract year. If City fails to request a specific level
of service for the coming faeal year not less than thirty (30) days prior to the start of the facal year,
County may provide the sam~ level of service as was laX)vialed durin[ the previous fLscal year, but for a
period of time not to exceed 30 days.
2. In April of each contract year. City and Sheriff shall develop a plan which specifies the level and mount
of services to be provided in the ensuin[ facal year.
F... Assilnment and Transfer Poiley
Sbefifl's deputies assipmd to pmvido taw P. nf6.ce,..r.m Services md S~appletid=ntal Se~ices as hen~
d~s~(d shall be assiped to City for a period of not leu than three years exoqa when · pe~n is n.-q4~
because of pronmfion or layoff, becamo n transfer is requesmd by the individual, or by tim City md concuxred in by
the Sheriff.
.... Special A,-sisnment peuonnd (e.L SRO) shall be assigned to City for a period of not less than five yah
except when a person is russi~ned because of ~4,,,~tion or layoff, became · uusfer is mqumnJ by the individual.
or by the City and concurred in by the Sba'iff.
F. Desiination of Chief of Police
If City shall so desire, and County and the Shafff shall so afn~ nmhin; in the a~,.~.cnt pr~ve, nts (r
limits City fTom desi~natins the Sheriff or his desisnee as its C3fief of Police in (nzkr to satisfy the provisions of
Part 1, Division 3, Title 4 of tho California Oov~muf. nt CxxJo (seetiom 36501, et seq.). However, this shall not
affect tl~ authority of the Sheriff to comrd and direct employees of his .d~lZ ~nt in cmTyin~ out duties md
obligations pursuant to this conlra~t and shall not incruse any liability to the County at, ins from this agreement.
O. Disaster Conflnjene7 Plan
1. In the event of a major disaster that noce#itatu lbo activation of an l~h~.ra..b~y Ot,~ ~m ~n~ in Ci~,
a Sheriffs lvtx:e~a- 'i'~ dull immedl-'-iy be d~r' '--d md repofl to tho Obector of Em~rf, cncy Services
(civ MmquO.
2. Inifial,~¥-_ v~l~al~~m~fmayl~tbsnmmtlnnulunitm, al~bodi~dofr~av~
available to ~he ~ of I:~r. rp.n~y Serviou.
H. Criminal Justice Administrative Fee
County shall provide booking and processing services to those arrested lmsons within the Cot3~orate limits
of City, and who am brought to th~ County jail for booking or d~mion as sat forth in · s~para~ agreement.
I. Communleatien ServJeee
The County shall, through its Communication Department, provide for ~mer~ency communication sera:es
in suppofl of the Sheriffs Del, mb, tnt and City's operations. Sel. vices will include 24 hour per day 9- i- 1 telephone
answering and radio dlqpalching of Sheriff's personnel. Services will be pmvidaJ in - _-__danc~ with the existing
de~a, th~cntnl operational Irocedures.
ii. COMPgNSATION ..
A. Compensation for Law Knforeement Services Provided by Sheriff
1. The City shall compen-aqe the County utilizing the 1997-98 bose rulo estaMiahed for pmerai law
enfo,~eu~nt and county co~m~ni,'-tions (heteinah~ ~tnw enfot~.,~.at~*). '1°o8 psflies 8free thit tqnHil
increases to law enforcement service costs shall be limited to lhe base rate times the percentage increase in
total compensation provided to all patrol deputies of the SherifFs .~' nm~nt as set forth in a calculation
fonnuin agreed and attached hereto as "Exhibit B" and inc~d~ed het~in by reference, or the March to
March Consumer Price Index - for San r4~r,,.~ Joso * for tho Urban Wa~ Earners
(ber~inafter 'q~I/W") plus 2~, whichever is less. Tnese contractual cosu may be adjusted only one (I)
time per year to be effective at the tort of each fiscal year on July 1.
2. If, during the course of a fiscal year, it appears that the Sheriff will e_*___,:?~_ the planned level of service, City
or Sher~fY shall as soon as possible notify the other pm~ and propose an~,~du~e,ts or modifications to the
plan of services for the balance of th~ fiscal year. City or Sheriff shall r~vinw any such
modifications but is not obligated to approve them. If City does not approve them, the Sheriff is not
obligated to provide, such services over and above the level of services provided in the plan. City is not
obligated to pay for services in an amount purer than tho tmal thnt has been approved in the plan.
3. In those years during which · contract is to be negotiated between the County of Santa Clara and the
Deputy Sheriffs Association, and has not been settled for the purpose of computing increases in this
agl~ement, the County shall utilize the CPI/W plus 2~ for computation of said increases. County will
subsequently no~ City of any increases in rates reml~ from ~ho now eontra~ terms, within thirty {30)
days of the date of such contract resolution, and if such increase is bsa than that computed under the CPI/W
to July i of that conu'm:t year.
4. County shali speci~y to city, not le# than sixty (60) days pfior to tho stm of CiysfiscMyeartbenew
:5. !. City sball ce-.,pt---~e County at the primary rum, for dm 'Activity" and 'Patrol' thne expemJe~ in the
City. Ac~vity and Patrol timo include those c6t~gc~.a j4~i~ as Codes 6'/1 through 6'/4, 682, 846 and
847c. Additionally. County shall chap city for meal periods. 'beat ptGpa, ation" time. and "securing fram
2.'Activity" and 'Patrd'* times am idev~e~ ttmmSh tbs County Pauul Activity Network Analysis
(COPANA) md Patrol Activity Report (PAi~ & listing of itenm and their d~ignntions as 'Activity' or
'Patrol' ar~ to b~ set foah in the e.~x~,t to tho yurly pba for service.
6. If the annual increeso reMed to cc....i~ns-,io~ for law en~mc~r, nt smvicm excoeds CPI/W plus 2~ in any
conu. act year. tbe parties slMi agree to entnr into ~ego~-*icr- for tbs so~ ~ of miving at · mutually
B. Supplementnl/Reserve Service
1. Compensation for all services within Sections. I,A,, B, md C. to be m~md pursuant to this qreement
shall be based upon one of the following five ($) rates per hour of service:
n. Primary Rate. This rate is calculated to reflect the average full cost of operating a Sheriff's petl'ol vehicle.
b. Supplemental Day Rate. This rate is calculmed a~coflJing to the cost of operating a one-per3on SherifFs
vehicle during periods when the night shift differential salary increment is not payable to the deputy who
operates the vehicle.
c. Supplemental Night Rate. This rate is c~d, '~d according to the coSt of operating a one-person SherifFs
vehicle during periods wb~ the night shift diffe~ntial salary increment is payable to the deputy who
operates the vehicle.
d. Supplemental Reserve Rate. This rate is calculated according to the cost of operating n two- person Reserve
Deputy Sheriffs vehicle.
e. Investigative Service Rate. This rate is calculated to reflect the a4~afe full cost per hour of an
investigator's time.
2. City shall compensate County monthly for each hour of Supplemental Service at the rates described above
and specified in Exhibit A.
C. OpeFatin[ Costs or Wnstside Substation
1. City and County shall share the costs of operating the Westside Subemlion as follows:
a. The City's share of the operating cost will be based upon the '199'/-98 base rate established for Westside
Substation operation costs. The parties agree that annual incrp~._ses shall be limited to the base rate times
· the March to March Consumer Price Index - for San Francisco/Oakland/San Jose * for the Urban Wage
Earners (hereinafter "CPI/W') plus 2~, These costs may be adjusted only one (1) time per year to be
effective at the start of each fbcal year on July 1
b. city shall pay to County monthly that portion of the nbstation operating costs at~butable to City. Any
change to the location of the substation, or the cost of the facility ova' and above the contract language as
set forth in li.C.l.a., shall be mutually qreed to by the parties to this apeemont.
c. For the ~ of this provision of*b- Ap.~.,,,cnt (1) 'Operminl Costs" are defined as the cost of rent.
jnitorial services, ,,,i,qr repain, and utilities.
d. Proratn share to City for_*ub~-"o~ costs will not be changed dufinl tim term of this arreement due to the
loss of any conlractinl city unless mutually apeed to by tbs remaining ~ to the apeemenc
B. Compensation for Criminal Justice Adminbtrative Services
The criminal justice V'fminine*ltive fee is bnsod UIMMI on ipi}iOW,d OrdJlilfice No. NS - 300.470.
C. Method of pa),ment for all Servlees
Compensation for all services shall be paid by City to County in the foliowin[ mann~':
1. The City shall pay to County n amount equal to oue-twelfth of the annual projected bud~*t amount in
Exhibit B. F'nt payment is due on the tenth day following the last day of each month of the contract year.
2. Adjusmlent to the law enfcn~.me, nt annual i~oje~te, d budpt-nmount shall be f~, fo~..,e.d on an annual basis
~s follows:
st The difference between the sctud cost of police services for ~he pmvinue twelve montlu, ns shown by the
COPANA repofl nd the amount actudj), peid by City to County for .tbe previous year*s services shall be
b. Other police services not included in COPAN,~. Repefls sbli be reco~cPed annudjy f~ those specific
s~rvicest
3. Payments, or any portion tint, of, mi tomb by City to County within thirty (2O) da),s of the due dme shall
accrue intfn'est at the rm of ten percent (10~) per nnom until ~ intuut so accrued shll be peysbla to
County on the Isst day of tbe month in which it 8c~ued.
4. By September 30 followin~ the end of the contract ),esr, County sM provide to City the COPANA repofl
for the enfir~ contr~t year. If the amount actodjy peid by City to County'exceeds the cost of law
enfor(.e~nt services nd operminj costs of Westside Stdjou ss set forth in tho COPANA r~-~ort, County
shall pey to City the amount of such excess by October I followins tho end of the contract ),em'.
Within twenty-one (:21) d~s of receipt of such find ~:)PANA mlx2~ City shli pi), to County ~be full
amount, if any. by which the costs of police service8, os set foflh in dj COPANA r~2ofls f~. the contract
year. exceeds the amount octodjy IMid by City for such sa'vices. F.~ purposes of c~lculmins the find
amount due to county from city. Civ/s credit for the mnount ectudj), peid by City shill not include any
interut paid by City due to late monthly payments.
III. REPORTS
A. Monthly Reports
!. County shall provide to City ou m monthly bash mpofl(s) ou the i,eid~*~ce of crime and "activity" md
"patrol 'boun ~ within City. Said repofl(s) shall diff~ "-* between" law enforce~nent services'
and "SUPl~l~.m~ntui services," and shall be in a fonunt as apeed upon between County and City
2. County shall provide such momh end repom to City within thirty (30) days of the last day of that month.
3. By September 30 folbwinf the end of tho eoutract year, County shall provide to City the COPANA report
I¥. HOLD HARMLESS CLAUSE
A. The County shall, i,~.,~ni~y, defend~ and hoM harmlen tho City, its oflieers, qeuts and employees from
and oblisntioue of tho County and its ~ploy~ set forth in this a~.~.,.~.nt.
any loss, liability, claim, injury or damap afisinf out of, or in co~_¢~-~ with, pe~oflnance of tho duties
and oblisations of tho City and its ,: f i~yt,~'.s set forth in this q~,..=d'.nL
V. INSURANCE AND LIABILITY
County and City sbell e4ch m~inmin i~s o~n liability imurmce coverage, timmgh ~elf-insumnee or
o~r~i~e, apinst my clahn of civil liability rasing out of ti~ pedommn~ of ti~ agreemenL
VI. TERM OF AGREEMENT
This a~Feement shall become effective on July 1, 1997, and my be terminated without cause by County or City
upoa the ~iving of ninety (90) days wriu~u notice o~ such tmninmiou to the other party, in the shence of such
notice of tmniniion, this tfrecment shall be effective for · tmn of' ~ (60) months until June 30, 2002, sub, ct
to any modifications which sre made in s:cordance with the terms md coudifiom ~ this ab~.,..mt.
At the expiration of this five (S) yesr contact, this conu~ct shall be renewed for an ftdditioanl three (3) yesr period
upon written notice of renewsl by City nd the County to the oth~ parties m leto one hundred eighty (I 80) days
prior to the expiration oF this couu'L-'t.
COUNTY OF SANTA
Date: 'By:
James T. Be. all, Jr., Chair, Board of Supervisors
..... A~: Phyllis Perez, Clerk
Board of Supervisors
APPROVED AS TO FORM AND LBGALITY:
Brian L. ~41T. Deputy County Counsel (Dste)
By:.
APPROVED AS TO FORM AND LF.O~:
City Attorney (Dm)
City Hall
10300 Torre Avenue
Cupertino, CA 95014-3255
CITY OF Telephone: (408) 777-3210
FAX: (408) 777-3366
CUPEI INO www.cupertino.org
PARKS AND RECREATION DEPARTMENT
STAFF REPORT
Agenda Item Number Agenda Date: April 15, 2002
SUBJECT AND ISSUE:
Approve a fee waiver request in the approximate amount of $18,000.00 from the
Toyokawa Sister City Committee for its annual Cherry Blossom Festival.
BACKGROUND:
The Toyokawa Sister City Committee is a Cupertino-based, nonprofit organization that
will be hosting its annual free public festival on April 20 and 21. The festival will be
held at Memorial Park, Quinlan Center, and Senior Center on Saturday and Sunday, April
20 and 21, 2002. The breakdown of costs is:
- Quinlan Community Center $11,202
Senior Center 1,470
Public Works staffing 3,000
Parks & Recreation staffing 441
Sheriff statYmg 2,048'
$17,979
Pursuant to the City of Cupertino's facility use policy, we waive the nonprofit facility use
fees, but not the staffing costs. Historically, City Council has waived all costs associated
with this festival.
STAFF RECOMMENDATION:
Staff recommends that City Council waive the fees in the approximate amount of
$18,000.00 for the annual Cherry Blossom event.
SUBMITTED BY: APPROVED FOR SUBMISSION:
David Knapp, City Manager
Parks and Recreation
17-1
Printed on Recycled Pal=er
City Hall
10300 Torr¢ Avenue
.... Cupertino, CA 95014-3255
(408) 777-3262
CITY OF FAX: (408) 777-3366
CU PEI TINO Public In£ormntion Office
SUMMARY
Agenda Item Date: April 10, 2002
Subject: Biennial Community Survey.
Background: Attached you will find thc proposed questions for the 2002 Community Survey for
Cupertino residents. This document represents the city's biennial effort to measure citizen
satisfaction with a variety of government services and programs.
The city's first such survey was conducted four years ago, with the intention that similar surveys
would regularly follow. These ensuing surveys would remain basically the same, so that we could
have a standard by which to gauge subsequent improvements or decreases in service satisfaction.
About 90 percent of the questions in the attached survey are the same as those that were posed to
residents two years ago. We have removed some questions regarding program participation, as
._. other sources for this information are available. Questions regarding development and housing
have been refined to provide more useful input for the General Plan. Issue specific questions
have been added regarding, unmet needs, park usage, public art, walkability, recycling and
communications. The marketing research company that is conducting the survey would like to
pre-test this next week. Following the pre-test, the final survey will be dried and fieldwork will
begin the following week.
Recommendation: It is recommended that the City Council approve the attached survey
questions and authorize the biennial community survey to proceed.
SubmiR'~e~ bYl'" ,.- ~'~"/'~ ~//~ -'C Approved for submission:~
Rick Kitson David Knapp
Public Information Officer City Manager
Godbe Research & Analysis Time Began
April 2002 Time Ended
1.2rk
CITY OF CUPERTINO RESIDENT SATISFACTION SURVEY
Hello, my name is and I'm calling on behalf of GRA, a public opinion
research firm. We're conducting a survey concerning some important issues in your area
and we'd like to get your opinions. It should just take a few minutes of your time. (IF
NEEDED) This is a study about issues of importance in the City of Cupertino (COOPER-
TEENO). It is a survey only and I am not selling anything.
I. For statistical reasons, I would like to speak to the youngest'male currently at home that is
at least 18 years of age.
(IF NO MALE AT LEAST 18 AVAILABLE, THEN ASK):
Then I'd like to speak to the youngest female currently at home that is at least 18 years of
age.
(IF NO FEMALE AT LEAST 18 AVAILABLE, THEN ASK FOR CALLBACK TIME)
II. Before we begin, what is your zip code? (DO NOT READ LIST.)
95014 ..................................................... 1 (CONTINUE)
95015 ..................................................... 2 (CONTINUE)
Other ...................................................... 3 (TERMINATE)
DK/NA ................................................... 4 (TERMINATE)
III. And are you a resident of the City of Cupertino (COOPER-TEENO)?
Yes ......................... ' ............... , ............... (CONTINUE)
No ......................................................... (TERMINATE)
1. How many years have you lived in the City of Cupertino (COOPER-TEENO)?
Less than one year ................................... 1
One to three years .................................... 2
Four to nine years ..................................... 3
Ten to fifteen years ................................... 4
Sixteen to twenty-five years ........................ 5
Twenty-six years or more ........................... 6
(DON'T READ) DK/NA .............................. 7
City of Cupertino Resident Satisfaction Sunmy Gndbe Research and Analysis
04/10/02 3:31 PM
2. What is the primary reason you choose to live in (;upertino ((~OOPER-TEENO)? (DO
NOT READ LIST. ONE RESPONSE ONLY.)
Affordable housing .................................... 1
Enjoy/like the City .................................... 2
Friends/family here ................................... 3
Grew up here ........................................... 4
Job ........................................................ 5
Quality of life ............................................ 6
Retirement ............................................. 7
Safety/Iow crime ....................................... 8
School system ........................................ ,- 9
Small town atmosphere .............................. 10
Other (Please specify: ) ............. 11
(DON'T READ) DK/NA .............................. 12
3. What are the two most important issues facing Cupertino (COOPER-TEENO)? (DO NOT
READ LIST. RECORD TWO RESPONSES.)
Affordable housing .................................... 1
Education ................................................ 2
New library .............................................. 3
__. Traffic .................................................... 4
Race relations .......................................... 5
Protection of open space ............................ 6
Taxes ..................................................... 7
City's economic health ............................... 8
Crime ..................................................... 9
Quality of life ............................................ 10
Neighborhood preservation ......................... 11
Preserving small town atmosphere ............... 12
Teen programs ......................................... 13
Controlling growth ..................................... 14
Other I (Please specify: ) ........... 15
Other 2 (Please specify: ) ........... 16
(DON'T READ) DK/NA .............................. 17
City of Cupertino Resident Sa~ac~k~n Sun,ey Godbe Research and Analysis
04/10/02 3:31 PM
4. Generally speaking, are you satisfied or dissatisfied with the job the City of Cupertino
(COOPER-TEENO) is doing to provide City services? (GET ANSWER, THEN ASK:)
Would that be very (satisfied/dissatisfied) or somewhat (satisfied/dissatisfied)?
Very satisfied ........................................... 1
Somewhat satisfied ................................... 2
Somewhat dissatisfied ............................... 3
Very dissatisfied ....................................... 4
(DON'T READ) DK/NA .............................. 5
ROTATE QUESTIONS 5 AND 6.
Now, I'm going to raad a list of services provided by the City of Cupertino (COOPER-
TEENO):
5. For each of the following services, please tell me whether it is very important to you,
somewhat important, not too important or not important at all.
Hera's the (first/next) one Is this service very important, somewhat important
too important or not important at all?
RANDOMIZE '_. (DON'T
Very Swt. Not too Not READ)
Imm Imm Imo. Imp. DK/NA
( )A. Cupertino's (COOPER-TEENO)
Monthly Newsletter, 'The Scene' .... 1 ......... 2 ......... 3 ........ 4 ......... 5
( )B. Police Services ............................. 1 ......... 2 ......... 3 ........ 4 ......... 5
( )C. City Recreation Services ................. 1 ......... 2 ......... 3 ........ 4 ......... 5
( )D. Park and Picnic Araa Availability ....... 1 ......... 2 ......... 3 ....... ~ 4 ......... 5
( )E. Quinlan (KWlN-lan) Community
Center Facilities .......................... 1 ......... 2 ......... 3 ........ 4 ......... 5
( )F. Garbage Collection ........................ 1 ......... 2 ......... 3 ........ 4 ......... 5
( )G. Recycling Program ......................... 1 ......... 2 ......... 3 ........ 4 ......... 5
( )H. Library Services ............................ 1 ......... 2 ......... 3 ........ 4 ......... 5
( )1. Street Pavement Maintenance ......... 1 ......... 2 ......... 3 ........ 4 ......... 5
( )J. Street Sweeping Services ............... 1 ......... 2 ......... 3 ........ 4 ......... 5
( )K. Park and Picnic Area Maintenance .... 1 ......... 2 ......... 3 ........ 4 ......... 5
( )L. Traffic Safety ................................ 1 ......... 2 ......... 3 ........ 4 ......... 5
( )M. Street Tree Maintenance ................. 1 ......... 2 ......... 3 ........ 4 ......... 5
( )N. Economic Development Efforts ........ 1 ......... 2 ......... 3 ........ 4 ......... 5
( )O. Sidewalk Maintenance .................... 1 ......... 2 ......... 3 ........ 4 ......... 5
City of CuperSno Resident Satisfaction Survey ~x~be Reseamh and Analysis
April 2002 Page 3
04/10/02 3:31 PM
RANDOMIZE (DON'T
Very Swt. Not too Not READ)
- IreD. Imp. Imp. ImD. DKJNA
( )P. Median Strip Landscape
Maintenance .............................. 1 ..... ,---2 ......... 3 ........ 4 ......... 5
( )CZ. The Government Meeting Channel .... 1 ......... 2 ......... 3 ........ 4 ......... 5
( )R. Youth Sports Fields ........................ 1 ......... 2 ......... :3 ........ 4 ......... 5
( )S. The Public Access Channel ............. 1 ......... 2 ......... :3 ........ 4 ......... 5
( )T. Senior Citizen Programs ................. 1 ......... 2 ......... :3 ........ 4 ......... 5
( )U. City Web Site ................................ 1 ......... 2 ......... 3 ........ 4 ......... 5
( )V. Neighborhood Programs ................. 1 ......... 2 ......... :3 ........ 4 ......... 5
6. For the following list of services, please tell me whether you are satisfied or dissatisfied
with the job the City of Cupertino (COOPER-TEENO) is doing to provide the service.
Here's the (first/next) one: . Are you satisfied or dissatisfied with the city's
performance in this area? (AFTER GETTING ANSWER, ASK:) Would that be very
(satisfied/dissatisfied) or somewhat (satisfied/dissatisfied)?
RANDOMIZE (DON'T
Very Swt. Swt. Very READ)
Sat. Sat. Dissat. Dissat. DK/NA
( )A. Cupertino's (COOPER-TEENO)
.... Monthly Newsletter, 'The Scene' .... 1 ......... 2 ......... 3 ........ 4 ......... 5
( )B. Police Services ............................. 1 ......... 2 ......... 3 ........ 4 ......... 5
( )C. City Recreation Services ................. 1 ......... 2 ......... 3 ........ 4 ......... 5
( )D. Park and Picnic Area Availability ....... 1 ......... 2 ......... 3 ........ 4 ......... 5
( )E. Quinlan (KWlN-lan) Community
Center Facilities .......................... 1 ......... 2 ......... 3 ........ 4 ......... 5
( )F. Garbage Collection ........................ 1 ......... 2 ......... 3 ........ 4 ......... 5
( )G. Recycling Program ......................... 1 ......... 2 ......... 3 ........ 4 ......... 5
( )H. Library Services ............................ 1 ......... 2 ......... 3 ........ 4 ......... 5
( )1. Street Pavement Maintenance ......... 1 ......... 2 ......... 3 ........ 4 ......... 5
( )J. Street Sweeping Services ............... 1 ......... 2 ......... 3 ........ 4 ......... 5
( )K. Park and Picnic Area Maintenance .... 1 ......... 2 ......... 3 ........ 4 ......... 5
( )L. Traffic Safety ................................ 1 ......... 2 ......... 3 ........ 4 ......... 5
( )M. street Tree Maintenance ................. 1 ......... 2 ......... 3 ........ 4 ......... 5
( )N. Economic Development Efforts ........ 1 ......... 2 ......... 3 ........ 4 ......... 5
( )O. Sidewalk Maintenance .................... 1 ......... 2 ......... 3 ........ 4 ......... 5
( )P. Median Strip Landscape
Maintenance .............................. 1 ......... 2 ......... 3 ........ 4 ......... 5
( )Q. The Government Meeting Channel --- 1 ......... 2 ......... 3 ........ 4 ......... 5
City of Cupertino Resident Satisfac~n Survey Godbe Research and Analysis
April2002 Page4
04/10/02 3:31 PM
RANDOMIZE (DON'T
Very Swt. Swt. Very READS
Sat. Sat. Dissat. Dissat. DK/NA
( )R. Youth Sports Fields ........................ 1 ......... 2 ......... 3 ........ 4 ......... 5
( )S. The Public Access Channel ............. 1 ......... 2 ......... 3 ........ 4 ......... 5
( )T. Senior Citizen programs ................. 1 ......... 2 ......... 3 ........ 4 ......... 5
( )U. City Web Site ................................ 1 ......... 2 ......... 3 ........ 4 ......... 5
( )V. Neighborhood Programs ................. 1 ......... 2 ......... 3 ........ 4 ......... 5
7. Are there any services not currently provided by the City that you think the City should
provide? (DO NOT READ LIST.)
No ......................................................... 1 (SKIP TO Q9)
Yes ........................................................ 2 (GO TO Q8)
DK/NA .................................................... 3 (SKIP TO Q9)
8. What service not currently provided by the City do you think the City should provide?
(READ LIST. MULTIPLE RESPONSES ACCEPTED.)
A dog park ............................................... 1
A skate park ............................................ 2
Affordable housing .................................... 3
Cupertino Community Services needs .......... 5
Park and recreation equipment .................... 6
Trees for the new City Hall parking lot ........... 4
TBD ....................................................... 7
TBD ....................................................... 8
TBD ....................................................... 9
Other 1 (Please specify: ) ........... 10
Other 2 (Please specify: ) ........... 11
(DON'T READ) DK/NA .............................. 12
9. Now I would like to talk about the Cupertino (COOPER-TEENO) Recreation Department,
which offers recreation activities and programs for the City of Cupertino (COOPER-
TEENO). First, are you generally satisfied or dissatisfied with the recreation activities and
programs offered by the Recreation Department? (GET ANSWER, THEN ASK:) Would
that be very (satisfied/dissatisfied) or somewhat (satisfied/dissatisfied)?
Very satisfied ........................................... 1
Somewhat satisfied ................................... 2
Somewhat dissatisfied ............................... 3
Very dissatisfied ....................................... 4
(DON'T READ) DK/NA .............................. 5
City of Cupertino Resident Satlsfaciion Survey Godbe Research and Analysis
Aptf12002 Page 5
04/10,/02 3:31 PM
10. During the past 12 months, have you or any member of your household
visited: ?
RANDOMIZE Don't Know
Yes No or Not Sure
( )A. Creekside Park ..................................... 1 ......... ~-2 ........... 3
( )B. Hoover Park ......................................... 1 ........... 2 ........... 3
( )C. J°llyman Park ....................................... 1 ........... 2 ........... 3
( )D. Linda Vista Park ................................ 1 ........... 2 ........... 3
( )E. McClellan Ranch Park ........ ' ................... 1 ........... 2 ........... 3
( )F. Memorial Park ....................................... 1 ........... 2 ........... 3
( )G. Monta Vista Park ................................... 1 ........... 2 ........... 3
( )H. Portal Park ........................................... 1 ........... 2 ........... 3
( )1. Summerset Square Park ......................... 1 ........... 2 ........... 3
( )J. Three Oak Park ..................................... 1 ..... .- .... 2 ........... 3
( )K. Varian Park ..................................... 1 ........... 2 ........... 3
( )L. Wilson Park ......................................... 1 ........... 2 ........... 3
IF RESPONDENT ANSWERED 'YES' ONE OR MORE TIMES IN O10, THEN GO TO Qll.
OTHERWISE SKIP TO Q12.
11. When you visited a City park most recently, what was the primary reason for your visit?
(DON'T READ LIST. MULTIPLE RESPONSES PERMITTED.)
Enjoy nature/outdoors ............................... 1
Exercise .................................................. 2
Have a picnic ........................................... 3
Participate in a Park & Recreation
program ............................................... 4
Participate in a sporting event ..................... 5
Read ...................................................... 6
Spend time with friends/family ..................... 7
Take a nap .............................................. 8
Take a walk ............................................. 9
Take children to a playground ................... 10
Watch a sporting event ............................ 11
Other 1 (Please specify: ) ................ 12
Other 2 (Please specify: ) ................ 13
(DON'T READ) DK/NA ............................ 14
City of Cupertino Resident Sa~ Jf[ '~ n ,~urvey Goe~e Research and Analysis
April2002 Page6
04/10/02 3:31 PM
12.When you walk or bike somewhere in Cupertino, where do you usually go? (DO NOT
READ LIST. MULTIPLE RESPONSES PERMITTED.)
Around neighborhood ................................ 1
Gym/exercise ........................................... 2
Government offices ................................... 3
Movies, music, or other entertainment .......... 4
Nowhere in particular ................................. 5
Park or recreation area .............................. 6
Restaurants ............................................. 7
School .................................................... 8
Shopping/errands/grocery store .................. ~9
Visit friends/family ................................... 10
Work .................................................... 11
Other (Please specify: ) .................. 12
I don't walk or bike anywhere .................... 13
(DON'T READ) DK/NA ............................ 14
13. In the future, the City of Cupertinomay place a sculpture in a public area. Which public
area do you think would benefit most from the addition of a sculpture: Quinlan (KWIN-
lan) Community Center, City Hall and library, Memorial Park, or one of the other
neighborhood parks? (ONE RESPONSE ONLY.)
Quinlan Community Center ......................... 1
City Hall and library ................................... 2
Memorial Park .......................................... 3
Other neighborhood park ........................... 4
(DON'T READ) DK/NA .............................. 5
14. One proposal for improving the City of Cupertino is to use existing City funds to establish
a network of paths and roads for people who are walking, biking, or roller-blading. Do you
support or oppose this proposal? (GET ANSWER, THEN ASK): Would that be strongly
(support/oppose) or somewhat (support/oppose)?
Strongly support ....................................... 1
Somewhat support .................................... 2
Somewhat oppose .................................... 3
Strongly oppose ....................................... 4
(DON'T READ) DK/NA .... , ......................... 5
City of CuperSno Resident Satisfac~n Su~ey Godbe Research and Analysis
April2002 Page 7
04/10/02 3:31 PM
15. Establishing a network of paths and roads for people who are walking, biking, or roller-
blading would take away space on streets and roads currently being used by cars.
· -' Considering that space would be taken away from cars, do you support or oppose using
existing City funds to establish a network of walking and biking paths? (GET ANSWER,
THEN ASK): Would that be strongly (support/oppose) or somewhat (support/oppose)?
Strongly support ............. - ......................... 1
Somewhat support .................................... 2
Somewhat oppose .................................... 3
Strongly oppose ....................................... 4
(DON'T READ) DK/NA .............................. 5
16. Next I'd like to talk a little bit about the future of downtown Cupertino. I'm going to read
you the opinions of Smith and Jones, two residents of the City. Smith and Jones
disagree on their opinions of the future of downtown Cupertino. As I read their opinions,
please tell me which one is closer to your own opinion.
ROTATE ORDER OF SMITH AND JONES
Smith thinks the City should create a downtown area along Stevens Creek Boulevard.
To create space for a downtown area, the City could widen the sidewalk along Stevens
Creek Boulevard, which would provide space for benches, trees, and additional shopping
opportunities.
Jones thinks the City should not create a downtown area along Stevens Creek
Boulevard. To create space for a downtown area, the City would have to remove a lane
of traffic from each side of Stevens Creek Boulevard, and that would increase traffic
congestion.
Whose opinion is closer to your own opinion?
Smith ...................................................... 1
Jones ..................................................... 2
(DON'T READ) Both ................................. 3
(DON'T READ) Some of each .................... 4
(DON'T READ) Neither ............................. 5
(DON'T READ) DK/NA .............................. 6
City of Cupertino Resident ~a~ ,~/ey Godbe Reseamh and Analysis
April 2002 Pa~e 8
04/10/02 3:31 PM
17. Now I'd like to talk about recycling in Cupertino (COOPER-TEENO). Currently, curbside
recycling service takes place every two weeks. Some residents have proposed a once a
week curbside recycling service. Would you support or oppose a proposal for curbside
recycling once a week instead of every two weeks? (GET ANSWER, THEN ASK:)
Would that be strongly (support/oppose) or somewhat (support/oppose)?
Strongly support ....................................... 1.
Somewhat support .................................... 2
Somewhat oppose .................................... 3
Strongly oppose ....................................... 4
(DON'T READ) DK/NA .............................. 5
18. If curbside recycling was done once a week instead of every two weeks, it would cost
residents $4 more each month. At a cost of $4 more each month, would you support or
oppose a proposal for once a week curbside recycling instead of every two weeks? (GET
ANSWER, THEN ASK:) Would that be strongly (support/oppose) or somewhat
(support/oppose)?
Strongly support ....................................... 1
Somewhat support .................................... 2
Somewhat oppose .................................... 3
Strongly oppose ....................................... 4
(DON'T READ) DK/NA .............................. 5
19. In general, do you feel crime in the City of Cupertino (COOPER-TEENO) has increased,
decreased or stayed about t. he same in the past five years?
Increased ................................................ 1
Decreased ............................................... 2
Stayed about same .................. ; ................ 3
(DON'T READ) DK/NA .............................. 4
20. In general, how would you rate race and ethnic relations in the City of Cupertino.
(COOPER-TEENO)? Would you say they are excellent, good, poor or very poor?
Excellent ................................................. 1
Good ...................................................... 2
Poor ....................................................... 3
Very poor ................................................ 4
(DON'T READ) DK/NA .............................. 5
City of ~ Resident ~atisfactlon Survey Godbe Research and Analysis
April 2002 Page 9
04/10/02 3:31 PM
21.Approximately 45 percent of Cupertino (COOPER-TEENO) residents are members o!
ethnic minority groups. How has this increase in diversity in Cupertino (COOPER-
'-' TEENO) affected the feelings you have toward people of other races? Has the diversity
made you more resentful and closed or more sympathetic and open or has it had no
effect on your feelings?
More resentful/closed ................................ 1
More sympathetic/open .............................. 2
(DON'T READ) No change in how I feel ....... 3
(DON'T READ) DK/NA ......., ...................... 4
22. Do you think the City of Cupertino (COOPER-TEENO) is doing too much, about the right
amount, or not enough to ensure that members of all ethnic groups feel welcome in the
City?
Too much ................................................ 1
About the right amount .............................. 2
Not enough .............................................. 3
(DON'T READ) DK/NA .............................. 4
23. Do you support or oppose the building of apartments, condominiums and townhomes in
areas such as North 'De Anza (DEE-ANZA) Boulevard and Stevens Creek Boulevard?
_. (GET ANSWER, THEN ASK:) Would that be strongly (support/oppose) or somewhat
(support/oppose)?
Strongly support ....................................... 1
Somewhat support .................................... 2
Somewhat oppose .................................... 3
Strongly oppose ....................................... 4
(DON'T READ) DK/NA .............................. 5
City of Cupertino Resident Satisfac~n Sun~ey Godbe Research and Analysis
Apr8 2002 Page 10
04/10/02 3:31 PM
24. Next, I am going to read you a series of statements. Please tell me if you would be more
or less likely to support the building of apartments, condominiums and townhomes in
Cupertino (COOPER-TEENO) after hearing each statement. If you heard that building
apartments, condominiums and townhomes , would you be more or less
likely to support the building of apartments, condominiums and townhomes in the City of
Cupertino (COOPER-TEENO)? (GET ANSWER, THEN ASK:) Would that be much
(more/less) likely or somewhat (more/less) likely?
RANDOMIZE Much Swt. Swt. Much (DON'T READ)
More More Less Less No
Likely Likely Lik__i.i.i.i.i.i.~ Likely Diff. DK/NA
( )A. Offers affordable housing to those
who cannot afford a single-family
residence in this area ...................... 1 ...... 2 ...... 3 ....... 4 ....... 5 ...... 6
( )B. Cuts commuter time by offering
housing alternatives for those
who choose to live near their work ..... 1 ...... 2 ...... 3 ....... 4 ....... 5 ...... 6
( )C. Relieves traffic congestion by allowing
people to live closer to their work ...... 1 ...... 2 ...... 3 ....... 4 ....... 5 ...... 6
( )D. Helps local businesses attract workers
by offering workers affordable,
convenient housing ........................ 1 ...... 2 ...... 3 ....... 4 ....... 5 ...... 6
25. Next I would like to ask you about some neighborhood programs. For each of the
following programs, please tell me if you are aware that it is offered in your neighborhood.
(DON'T
RANDOMIZE READ)
Yes N_.9o DWNA
( )A. Neighborhood watch ........................... 1 ........... 2 ........... 3
( )B. Neighborhood Block parties ................. 1 ........... 2 ........... 3
( )C. Earthquake preparedness ................... 1 ........... 2 ........... 3
26. Would you say that you were satisfied or dissatisfied with the following programs? (G ET
ANSWER, THEN ASK) Would that be very (satisfied/dissatisfied) or somewhat
(satisfied/dissatisfied)?
(DON'T
RANDOMIZE Very Swt. Swt. Very READ)
Satisf. Satisf. Unsatief. Unsatisf. DK/NA
( )A. Neighborhood watch ............ 1 ......... 2 ........... 3 ............ 4 ......... 5
( )B. Neighborhood Block parties-- 1 ......... 2 ........... 3 ............ 4 ......... 5
( )C. Earthquake preparedness .... 1 ......... 2 ........... 3 ............ 4 ......... 5
City of Cupertino Resident Satisfaction Survey Godbe Research and Analysis
April 2002 Page 11
04/10/02 3:31 PM
27. What information sources do you use to fincl out about (;ity news, information ancl
programming? (DON'T READ LIST, RECORD FIRST TWO RESPONSES).
Cupertino (COOPER-TEENO) Courier .......... 1
Cupertino (COOPER-TEENO) Scene - - -2
Intemet (No specific site) ............................ 3
Flyers or posters around town .................... 4
City Website ........................................... 5
Local cable station ............................... 6
Non-English media ................ 7
Radio ................... , ................................. 8
San Francisco Chronicle ................-'-9
San Jose Mercury News ...................... 10
Television ............................................. 11
Email .................................................... 12
Other (Please specify: ) ............... 13
None .................................................... 14
(DON'T READ) DK/NA ............................ 15
28. Where do you or the other members Of your household access the Internet? (IF
HESITATES, READ. CHECK ALL THAT APPLY.)
._. At home .................................................. 1
At work ................................................... 2
At school ................................................. 3
At the public library ................................... 4
Other ...................................................... 5
No access to the Internet ........................... 6
(DON'T READ) DK/NA .............................. 7
29. Have you or any members in your household ever visited the City of Cupertino
(COOPER-TEENO) Web site?
Yes ........................................................ 1
No ............. ~ .................................... 2
(DON'T READ) DK/NA ...................... 3
30. Have you or any members in 'your household ever watched the Cupertino (COOPER-
TEENO) Government Channel on television?
Yes ........................................................ 1
(DON'T READ) DK/NA ..............................3
City o! Cuperltno Re.dent Sat~fa~fon Sunny Godbe Research and Analysis
~1200~ Page 12
04/10/02 3:31 PM
Now just some background questions for comparison purposes
^. In what year were you born?
1976 and after .......................................... 1
1971 to 1975 ........................................... 2
1966 to 1970 ........................................... 3
1961 to 1965 ........................................... 4
1956 to 1960 ........................................... 5
1951 to 1955 ........................................... 6
1946 to 1950 ........................................... 7
1941 to 1945 .......................................... ,8
1936 to 1940 ........................................... 9
1935 and before ..................................... 10
(DON'T READ) DK/NA ............................ 11
B. Do you own or rent your home?
Own ....... ' ............................................... 1
Rent ....................................................... 2
(DON'T READ) DK/NA ............................... 3
C. What ethnic group do yOu consider yourself a part of or feel closest to? (IF HESITATE,
READ):
Asian Indian ............................................. 1
African American or Black .......................... 2
Cambodian .............................................. 3
Chinese .................................................. 4
Filipino .................................................... 5
Japanese ................................................ 6
Korean ................................................... 7
Latino or Hispanic ..................................... 8
Laotian ................................................... 9
Pacific Islander ....................................... 10
Thai ..................................................... 11
Vietnamese ........................................... 12
White .................................................... 13
Other .................................................... 14
(DON'T READ) DK/NA ............................ 15
Cily of Cuperifno Resident Satisfaction Survey Gndbe Research and Analysis
Ap~l 2OO2 Page 13
04/10/02 3:31 PM
D. Including yourself, how many people currently reside in your household? (IF
RESPONDENT GIVES 0, PLEASE REMIND THE RESPONDENT:) This is including
-- yourself.
(INDICATE NUMBER:) .............................. ~
DK/NA ......................................................... 99
E. Of the people who currently reside in your household, including yourself, how many are
?:
( )El. Under the age of 18
( )E2. Over the age of 64
F. Do you or does anyone in your household currently have one or more dogs? (IF 'NO'
THEN RECORD '0' AND GO TO QG. IF 'YES' THEN ASK:) How many dogs are in your
household?
(INDICATE NUMBER:) ..............................
DK/NA ......................................................... 99
G. Does anyone in your household speak a language other than English as their primary
language?
Yes ........................................................ 1' (GO TOG)
No ......................................................... 2 (SKIP TO H)
(DON'T READ) DK/NA .............................. 3 (SKIP TO H)
H. Which language, other than English, does someone in your household speak as their
primary language? (DON'T READ. MULTIPLE RESPONSES PERMITTED.)
Cantonese ............................................... 1
French .................................................... 2
German .................................................. 3
Hindi ...................................................... 4
Japanese ................................................ 5
Korean ................................................... 6
Mandarin ................................................. 7
Spanish .................................................. 8
Tagalog .................................................. 9
Thai ..................................................... 10
Vietnamese ........................................... 11
Other (Please specify: ) ................ 12
DK/NA .................................................. 13
C~ of Cuperifno R~ Sa~fac~n Survey Go~e Research and Analysis
April 2002 Page 14
04/10/02 3:31 PM
I. Do you live east or west of De Anza (DEE-ANZA) Boulevard?
East of De Anza ....................................... 1
West of De Anza ...................................... 2
(DON'T READ) DK/NA .............................. 3
J. Do you live north or south of Stevens Creek Boulevard?
North of Stevens Creek .............................. 1
South of Stevens Creek ............................. 2
(DON'T READ) DK/NA .............................. 3
Thank you very much for participating! This survey was conducted for the City of
Cupertino (COOPER-TEENO).
F. Respondent's sex:
Male ....................................................... 1
Female ................................................... 2
PHONE
DATE OF INTERVIEW VALIDATED BY
INTERVIEWER:
NUMBER:
City of Cupertino Resident SaSsfac~on Survey Godbe Resean~h and Analysis
Apr,/2002 Page 15
04/10/02 3:31 PM
/~ity Hall
._ 10300 Tone Avenue
Cupertino, CA 9S014-3255
C[TY OF Telephone: (408) 777-3220
CU PEILTINO (408)77%3366
ADMINISTRATIVE SERVICES DEPARTMENT
'SUMMARY'
Agenda Item No. Meeting Date: April 15, 2002
SUBJECT AND ISSUE
Review of our major revenue and expenditure sources given our current economic climate.
BACKGROUND
For fiscal year 2001/02, the city has identified several revenue sources "at risk" due to the
State budget situation and the current state of our economy. As such, Council has asked for
a review of our major general fund revenues and expenditures to continually monitor our
city's financial position. The following addresses financial trends through April 10, 2002
for major revenue categories. Operating expenditures are consistent with projections.
Operating Revenues:
Sales Tax: Cash receipts are down from last year as the State has now adjusted our
monthly remittances to reflect the downward trends of our area. The largest decrease
is in our business-to-business (high tech) sector, which has been hit hard by the
economy.
Property Tax: Property tax remittances are-up from the prior year. We do not anticipate a
decline in this area given the continuing development/redevelopment occurring in
Cupertino and the addition of Oak Valley and Garden Gate.
Transient Occupancy Tax: This tax Source is down by 40%. Staff will continue to
monitor this revenue on a monthly basis. This trend is consistent countywide.
Utility User Tax: This revenue is consistent with prior year.
Franchise Fees: This revenue is consistent with prior year.
Other Taxes: Property transfer tax is down by 47% from the prior year.
Charges for Service: This revenue is consistent with the prior year.
Printec~ on Rem/c/ed Paper I q - /
Interest and Rent: This revenue is consistent with budget expectations due to the lower
interest rates.
Fines: Revenue is up over the prior year $54,000 due to increased enforcement efforts.
Intergovernmental: This revenue is consistent with the prior year.
Capital Projects:
Council has directed staff to use the entire CIP reserve of $5 million dollars and any
operating surpluses to fund the current 5-year capital project budget. Once the
existing projects are completed, operating surplus is to be used to replenish the $5
million CIP reserve first. This means that there is no money for new capital projects
for a minimum of 5-10 years per our current projections.
RECOMMENDATION:
Staff continues to monitor revenue and expenditure trends.
Operating Revenues - No major budget or policy changes are deemed necessary at
this time as net revenues are down by approximately 6%.
Operating Expenditures - No major budget or policy changes are deemed
necessary at this time as operating expenditures are below budget by 8.6%.
Capital Projects - Current 5-year projects are funded. There are no additional
monies available in the CIP reserve or the General Fund for new projects.
Submitted by: Approved for submission:
od David W. K.napp
Director of Administrative Services City Manager
City ~
10300 Torte Avenue
Cuper~o, CA 95014
CUPEI TINO
FAx (4os) 777-3333
Community Development Department
Housing Services
SUMMARY
Agenda Item No. o~O Agenda Date: April 15, 2002
Application MCA-2002-01
Applicant: City of Cupertino
Application Summary: Amendment to Chapter 19.08 of the Cupertino Munidpal Code
regarding definition of setback tine.
RECOMMENDATION:
The Planning Commission recommends approval to the City Council of:.
MCA-2002-01
BACKGROUND:
The current definition of "setback line" states that it "means a line within a lot parallel
to a corresponding lot tine, which is the boundary of any specified front, side or rear
yard, or the boundary of any public fight-of-way, whether acquired in fee, easement, or
otherwise, or a tine otherwise established to govern the location of buildings, structures
or uses."
This definition requires property owners to set back structures from public rights-of-
way, but not private rights-of-way, like access easements or public roads. This is the
situation the ordinance amendment addresses.
DISCUSSION:
Exhibit B provides an example of the need to amend the ordinance. The property lines
of Parcel 53 include part of a private road. When the property owner proposed an
addition, the addition could have been constructed on the edge of the private road,
given the above definition. The property owner agreed to set the addition back from
the road, irrespective of the ordinance.
Given that it is desirable to set structures back from roads, whether they are public or
private, and that a permanent solution is needed to fix the problem, staff proposes an
amendment to the definition of setback line, which is:
"Setback line" means a line within a lot parallel to a corresponding lot line, which is the
boundary of any specified front, side or rear yard, or the boundary of any public right-
of-way or private road, whether acquired in fee, easement, or otherwise, or a line
otherwise established to govern the location of buildings, structures or uses~
o~0-1
Amendment ~o C3mp~ 19.08 of the Cupertino Municipal Code regarding definilion of setback line
April 15, 2002
MCA-2002-01
Page 2
This amendment will not require st~-uctures to be set back from private 'access easements, "
such as flag lot access. While staff believes this would be desirable, for the same reason
that it is desirable to set back from private roads, requiring set backs to easements could
discourage property owners from granting access easements since their setbacks would
become more onerous. Therefore, staff recommends confining the setback requirement
to public rights-of-way and private roads.
Enclosures:
Planning Commission Resolution 6129
Exhibit A: Ordinance 1894
Exhibit B: Example of private road
Prepared by: Cidd¥ WordeH, City Planner
Su. bmi7 by:~ Approved by:
Steve riasec ', David W. Knapp
Director of Community Development City Manager
G:planning/pdreport/cc/ccMCA-2i~02-01
MCA-2002-01
CITY OF CUPERTINO
10300 Tone Avenue, Cupertino, California 95014
RESOLU~ON NO. 6129
OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO
RECOMMENDING THAT THE CITY COUNCIL AMEND CHAPTER 19.08
REGARDING THE DEFINITION OF SETBACK LINE.
Recommendation of approval is based on Exhibit A.
PASSED AND ADOPTED this 25~ day of March 2002 at a Regular Meeting of the
Planning Commission of the City of Cupertino, State of California, by the following
roll call vote:
AYES: COMMISSIONERS: Saadati, Chen, Auerbach and Chairperson Corr
-- NOES: COMMISSIONERS:
ABSTAIN: COMMISSIONERS:
ABSENT: COMMISSIONERS:
ATTEST: APPROVED:
/s/Steve Piasecki /s/Cl~arles Corr
Steve Piasecki Charles Corr, Chairperson
Director of Community Development Planning Commission
G: \ Planning\ PDREPOR~ RES~ MCA-2002-01 reso.doc
EXHIBIT
A
Proposed text is underlined.
ORDINANCE NO. 1894
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
AMENDING CHAPTER 19.08 REGARDING THE DEFINITION OF SETBACK
LINE
WHEREAS, the City Council wishes to require building setbacks from
private roads;
WHEREAS, the Planning Commission recommends an amendment to the
definition of setback line;
THE CITY COUNCIL OF THE CITY OF CUPERTINO DOES ORDAIN
AS FOLLOWS:
Chapter 19.08 of the Municipal Code of Cupertino is hereby amended to read as
follows:
DEFINITIONS
"Setback line" means a line within a lot parallel to a corresponding lot line, which
is the boundary of any specified front, side or rear yard, or the boundary of any
public right-of-way or private road, whether acquired in fee, easement, or
otherwise, or a line otherwise established to govern the location of buildings,
structures or uses.
This ordinance shall take effect and be in force thirty (30) days after its passage.
INTRODUCED at a regular meeting of the City Council of the City of Cupertino
this 25th day of March, 2002, and ENACTED at a regular meeting of the City
Council of the City of Cupertino this 15th day of April, 2002, by the following
vote:
Vote Members of the City Council
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST: APPROVED:
City Clerk Mayor, City of Cupertino
¢:\PUmning\ PDI~PORT~OI~D\MCA-2O02-~I ord.aoc "
Proposed text is underlined.
ORDINANCE NO. 1894
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
AMENDING CHAFFER 19.08 REGARDING THE DEFINITION OF SETBACK
LINE
WHEREAS, the City Council wishes to require building setbacks from
private roads;
WH]~,EAS, the Planning Commission recommends an amendment to the
definition of setback line;
THE CITY COUNCIL OF THE CITY OF CUPERTINO DOES ORDAIN
AS FOLLOWS:
Chapter 19.08 of the Municipal Code of Cupertino is hereby amended to read as
follows:
DEFINmONS
"Setback line" means a line within a lot parallel to a corresponding lot line, which
is the boundary of any specified front, side or rear yard, or the boundary of any
public right-of-way or private road, whether acquired in fee, easement, or
otherwise, or a line otherwise established to govern the location of buildings,
structures or uses.
This ordinance shall take effect and be in force thirty (30) days after its passage.
INTRODUCED at a regular meeting of the City Council of the City of Cupertino
this 25th day of March, 2002, and ENACTED at a regular meeting of the City
Council of the City of Cupertino this 15th day of April, 2002, by the following
vote:
Vote Members of the City Council
AYES:
NOES:
ABSENT:
ABSTAIN:
A~: APPROVED:
City Clerk Mayor, City of Cupertino
Cit~ Hall
10300 Torte Avenue
' -- Cupertino, CA ~5014-3255
CITY OF (408) 777-3354
CU PEILTI NO (408)777-3333
PUBLIC WORKS DEPARTMENT
Summary
AGENDA ITEM AGENDA DATE Auril 15. 2002
SUBJECT AND ISSUE
Review and Approval of Pedestrian Transportation Plan
BACKGROUND
In 1998 the Cupertino Bicycle and Pedestrian Advisory Committee (BPAC) proposed to
prepare and adopt a Pedestrian Transportation Plan (PTP) for the City of Cupertino. In
April of 1999, the City entered into a contract with Wilbur Smith and Associates (WSA)
to prepare the plan document.
The primary staff reviews were completed and the consultant began work on the revised
document in November 2001. The completed final draft of the report was presented to the
BPAC by February of 2002 and was approved at that time. This report is to forward that
completed draft with the BPAC recommendation to the City Council for approval of the
final document.
DISCUSSION
The City's consultant, Wilbur Smith and Associates (WSA) have completed a revised
draft of the report which has reorganized several sections, expanded the appendices and
included an executive summary, all designed to make the document clearer and more
understandable. The report was considered by the BPAC at a study session at the
February 21, 2002 meeting, which consisted of the following steps:
1. An overview of the report by the consultant, represented.by Michelle DiRobertis
of WSA.
2. Discussion of the report by staffwith BPAC input on the report recommendations.
3. Recommendations to the City Council for a~mv~ and acceptance of the report.
Staff will be present along with the consultant to make a brief report to the Council and to
answer any questions from Council Members. Several BPAC members have also
indicated that they will be present at the Council meeting to speak to the item.
RECOMMENDATION
It is recommended that the City Council approve and accept the final report of the
Cupertino Pedestrian Transportation Plan.
Submitted by: Approved for submission:
Ralph A. Quails, Jr. D .
Director of Public Works City Manager
April 12th, 2002
To the Cupertino City Council and Steve Piasecki;
Because of the substantial amount of new evidence since the Council meeting on January
7~, 2002 and the voluminous amount of exhibits and documents on file I would like to request a
minimum of 30 minutes for my presentation at the hearing for reconsideration scheduled for
Monday April 15t~, 2002. Additionally, in the event that any of the Council Members have not
had the opportunity to review the video tape of the October 22~d Planning Commission meeting
in its entirety I would hereby request an additional 45 minutes so that that tape could be shown at
the April 15th hearing,
Gary R. Schmidt
Application 09-U-01
:, 10300 Tone Avenue
CITY O1: Cupertino, CA 95014
CU PER INO (408) 777-3333
Community Development Department
SUMMARY
AGENDA NO. ~ c~L AGENDA DATE April 15, 2002
SUMMARY
Petition for reconsideration of the City Council denial of Application 09-U-01, regarding
a use permit for the continued use of a shopping tenter'parking lot for car storage at
10071 S. Blaney Avenue (APN 369-03-004). The petition was filed by the applicant,
Gary Schmidt.
RECOMMENDATION:
The City Council may take any of the following actions:
1) Deny the petition and uphold the denial of use permit 09-U-01 (see enclosed
Model Resolution for denying the petition).
2) Approve the petition and reconsider use permit 09-U-01 (see enclosed Model
Resolution for approving the use permit).
BACKGROUND:
· On October 22, 2001, the Planning Commission denied the above request for a
use permit.
· On November 1, 2001, the applicant appealed the Planning Commission decision
to the City Council.
· On December 3, 2001, the City Council continued the appeal to the meeting of
January 7, 2002.
· On January 7, 2002, the City Council denied the appeal and upheld the Planning
Commission decision.
· On January 16, 2002, the applicant's attorney filed a petition for reconsideration
with the City Clerk.
· On March 18, 2002, the applicant requested a postponement of the petition 'for
reconsideration to the City Council meeting of April 15, 2002 because his
attorney couldn't be present.
Please see the enclosed City Attorney's report regarding reconsideration and other
legal issues.
DISCUSSION:
A six-month use permit for car storage was originally approved by the previous Director
of Community Development, Bob Cowan, in February 1999. Subsequently, the
Printed on Recycled Paper
Petition for reconsideration of the City Council denial of Application 09-U-01
April 15, 2002
Page 2 "~::"' ' ':':": ':;" """
Planning Commission approved a use permit in August 1999 and a one-year extension in
September 2000, to allow the car storage hse to continue. The use permit extensions
continued to identify car storage as a temporary use. The applicant in those cases was
Bill Mendenhall for Cali-Land. The need for the car storage was in conjunction with the
remodeling of buildings at Honda of Stevens Creek located in the City of San Jose. The
reason stated by Mr. Schmidt in the application for this use permit is "Continued use of
car parking while working on project submittals (one year with one year possible
extensioia)."
The subject parcel is included in a prior use permit approval (8-U-88 granted in 1988) to
remodel the Hamasushi restaurant, demolish the Blaney Center and construct a new
28,000 square foot retail/office building. The use permit allowed phased development.
The restaurant remodeling phase was completed, but the demolition and construction did
not occur. Those approvals are still in effect.
Issues:
The applicant raises five issues in his request for reconsideration:
1. "The hearing before the Planning Commission was "spoiled" by the provision of
inaccurate information on a material matter in response to a direct question by the
Commission."
The applicant states that staff was asked if there had been any other precedents set,
and if anyone else had ever come forward with a formal request fbr a temporary use
of parking in a similar zone or area and if any such request had ever been acted upon
by the City. Staff responded that there had only been general inquiries but no Ibrmal
request or applications. The applicant provided documentation regarding approval
for the use of 2.4 acre site on Torte Avenue for temporary parking fbr a five-year
period and an eight-month extension (18-U-84).
Staff believes there are two distinctions to make regarding this issue. One, the
applicant's request is for temporary car storage business, while the 1984 use permit is
for temporary parking. Staff's reference to similar requests was related to car storage
as described in the October 22, 2001 staff'report:
...staff routinely discourages requests from other property "owners tbr temporary
outdoor storage uses, including automobile storage, for the reasons stated above.
For instance, staff recently discouraged a request to store trucks on property
located on Imperial Avenue. It is not fair to other commercial property owners to
deny or discourage their requests for outdoor storage while it is being permitted
on this property.
A second distinction is that the revised General Plan and the Heart of the City Plan
were adopted after the temporary car parking on the Torre Avenue property was
approved. One of the reasons cited for recommending denial of the applicant's
Petition for reconsideration of the City Council denial of Application 09-U-01
April 15, 2002 .,:,,., ...-:.. :.~ -..,...
Page 3
fenced car storage facility was its inconsistency with those plans that call fbr Stevens
Creek Boulevard to be a "unique pedestrian-oriented activity area, which will be a
positive and memorable gathering place for Cupertino citizens".
2. "There is a 50 year history of the continuous use of the subject parcel for parking
of vehicles."
The' ~'aet that overflow parking from adjacent businesses may have occurred on this
partially improved parcel over the past 50 years is irrelevant to the applicant's request
sine the use permit request is for a fenced car storage facility, not parking.
3. "The current and requested continued temporary use is allowed on the subject
parcel with a Conditional Use Permit."
The ear storage use was allowed because it was temporary, as stated in all of the
resolutions for approval. The Planning Commission denied 9-U-01 with.a finding
that stated that the use "...delays redevelopment of the site into a more appropriate
use for Cupertino's main street." (See Planning Commission Resolution 6 i 15)
4. "The City's argument that the requested continued temporary use is somehow in
conflict or violation of the General or Specific Plans is indeed hollow and no
agent of the City has offered in any of the hearings or in conference with the
applicant or his council any specifics or examples of any said conflicts or
violations."
For reasons previously stated, the denial of the use permit centers on the semi-permanent
nature of the car storage use, rather than the temporary use originally approved. The
temporary use has been in effect since February, 1999. The purposes tbr car storage have
changed from accommodating ears from Honda of Stevens Creek during remodeling to
"continued use of car parking while working on project submittals." The semi-permanent
nature of the car storage was described as inconsistent with the General Plan and l-lean of
the City goals.
5. "There is not only no basis in fact or law for the City to deny the requested
continued temporary use but there is also no potential benefit to the City for a
denial, only potential detriment."
The applicant states that denial of the ear storage use permit may delay the ultimate
development since the revenues from the use are being expended on development plans,
and that taking the necessary lime to plan the development of the parcel properly and
attempt to consolidate it with contiguous parcels is in the best interest of all concerned.
The Planning Commission and City Council found that car storage use delayed potential
development of the site, as cited above.
Petition for reconsideration of the City Council denial of Application 09-U-01
Page 4
Enclosures:
City Attorney's Report
Model Resolutions
Staff reports, resolutions, and exhibits from previous Planning Commission and City
Council meetings
Applicant's submittal
Prepared by: Ciddy Wordell, City Planner
Submitt?,by://// /~;-~ Approved by:
Steve Piaseek~ David W. Knapp
Director of Community Development City Manager
O :planning/pd~pordccJ09u01 Reconsider
CITY OF
CUPeP TiNO
Office of the City Attorney Charles T. Kilian
10320 S. DeAnza Blvd., #ID City Attorney
Cupertino~ CA 95014 Eileen Murray
Ph: (408)'777-3403 Assistant City Attorney
Fax: (408) 777-3401
April 9, 2002
Mayor Lowenthal and City Councilmembers
Cupertino City Hall
10300 Torre Avenue
Cupertino, CA 95014
Re: REPORT ON RECONSIDERATION
APPLICATION 09-U-01
APPLICANT GARY SCHMII~T
Dear Mayor Lowenthnl and City Councilmembers,
In our ANALYSIS OF DEFECTS IN PETITION FOR REHEARING attached to
the draft Resolution the City Attorneys Office has responded to the applicant's Petition
for Rehearing submitted on January 16, 2002 by Dell R. Ausland, applicant's attorney.
Despite the obvious defects in the Petition, our office has recommended full
consideration of Mr. Schmidt's Petition for Reconsideration including all relevant
evidence presented at the reconsideration hearing on April 15, 2002.
At the City Council meeting of January 7, 2002, Mr. Schmidt presented the Council
with additional documentation raising some issues for your consideration. The foregoing
staff report has addressed these issues. We add here a few additional comments from the
City Attorneys Office.
1. Under the law, each parcel of land is considered unique. Mr. Schmidt's
comparison of land use on a parcel on Tone Avenue in 1984-1995 to his use of'
his parcels on Stevens Creek Blvd. and Blaney Avenue in 2002 is a useless
exercise. Land uses are ever evolving. Therefore, land uses seven to eighteen
years previous in a different location under different circumstances are not
relevant to today's discussion.
2. While Mr. Schmidt repeatedly ref~q's to his use as a "parking lot" it is not
t~chnically a parking lot. It is a commercial business of storage, a us~ the City is
not encouraging in the Heart of the City.
3. Mr. Schmi~dt's use of vehicle storage began in january 1999 as a temporary use of
six months while the Lucas Honda Dealership was completing a remodeling
project at their site in San Jose. A s~w~ond extension of tl~ use permit was granted
by the Planning Commission in August 2001 with the caveat that no more
extensions would be granted.
4. While proposing to be an ~xtension of an existing permit, Mr. Schmldt' s
application has a changed purpose. The Lucas Dealm~hip is no longer using the
lot while completing a remodel. Now, Mr. Schmidt is requesting the extension so
that he can use the time and the revenue to complete plans for development of the
prol~ay. However, he has pointeA out that he does not have full control of the
property to develop it.
5. It appears that what was originally contemplated by the City as a short term use
(six months) is evolving into a long term use (minimum four to five years). If the
Council wishes to grant a use permit for a vehicle storage facility at this location,
this would be the appropriate time to consider whether or not to require
improvements to the property as required by the Municipal code for this use.
I will be prepared to answer questions regarding this item at the Reconsideration
Hearing on April 15, 2002.
Charles T. Kilian
City Attorney
Bncs.
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
DENYING THE PETITION OF GARY SCHMIDT SEEKING COUNCIL
RECONSIDERATION OF ITS DETERMINATION DENYING HIS APPEAL AND
UPHOLDING THE DECISION OF THE PLANNING COMMISSION DENYING AN
EXTENSION OF A USE PERMYF FOR VEHICLE STORAGE AT APN 369-03-004
LOCATED AT OR ABOUT 10071 S. BLANEY AVENUE, CUPERTINO,
CALIFORNIA.
Whereas, applicant Gary Schmidt is an owner of property located at 10071 S. Blaney
Avenue, Cupertino, California (APN 369-03-004); and
Whereas, in February 1999, the applicant received a temporary use permit fi'om the
Cupertino Director of Community Development to store vehicles on said property
for six months; and
Whereas, in August 1999, because a temporary use permit cannot be extended, the
applicant received a use permit fi~m the Planning Commission for a one-year
period from September 1, 1999 to August 31, 2000; and
Whereas, in 2000 the Planning Commission granted a one year extension to the use
permit to August 31,2001 requiring the applicant to apply for a new permit
should he seek to continue vehicle storage on the property; and
Whereas, on August 16, 2001, the applicant applied to extend the use permit for another
year, but requested two postponements until October 2001; and
Whereas, on October 22, 2001, the Planning Commission denied the application for a use
permit finding that the use was not in conformance with the General Plan and
Heart of the City Plan of the City of Cupertino; and
Whereas, applicant appealed the Planning Commission decision to the City Council on
January 7, 2002; and
Whereas, the City Council, a~er hearing Mr. Sohmidt's appeal, denied the appeal; and
Whereas, Mr. Scbmidt has requested that the City Council reconsider his petition under
the provisions of section 2.08.096 of the City's ordinance code; and
Whereas, the City Council has considered ail the relevant evidence presented by the
parties at all hearings, including evidence presented at the April 15, 2002,
reconsideration hearing;
NOW, THEREFORE, IT IS HEREBY RESOLVED AS FOLLOWS;
1. The applicant's Reconsideration Petition is defective on its face. Council adopts
the. Analysis of Defects in Petition for Rehearing attached to this Resolution and
incorporates it herein by reference.
2. Notwithstanding the above, after full consideration, Mr. Schmidt's Petition for
Reconsideration of the City Council's determination of January 7, 2002 is
DENIED.
3. In making its determination, the City Council adopts the following specific
findings:
a.) The conditional use is not in conformance with the City's long-term land
usc plan for the Stevens Creek Heart of the City area as "a community
focal point that expresses the character of Cupertino through a diversity of
uses, serving City residents and scaled for pedestrians." General Plan
Policy 2-2.
b.) The conditional use was originally intended to be a temporary use. The
continuation of this conditional use, which has now been extended for
three years, has created an inequity, since similar requests for outdoor
storage by other landowners are discouraged as incompatible with the
surrounding commercial and residential sites.
c.) The original use permit was issued for a temporary purpose which no
longer exists. While proposing to be an extension of thc existing permit,
this application has a changed purpose, so that the applicant can complete
plans for the development of the property. However, he does not have
control of the property to develop it.
d.) What began as a six month temporary use has evolved into a long term
use. As such, the improvements on the property do not meet the
requirements of the Municipal Code for the specified use.
e.) A 1988 development agreement on this property has only been completed
through Phase 1. Phase 2 has not yet been built. Contin~fion of the
commercial business of vehicle storage as an alternative use on this
property discourages its redevelopment, which does not further the City's
goals for the Heart of the City Specific Plan.
f.) The use of property along Stevens Creek Blvd. for vehicle storage has a
detrimental affect on the adjoining properties in that fencing off large
parcels of property in the Heart of the City area for a restricted passive use
interferes with the continuity and the general ambiance of the area.
PASSED AND ADOPTED by the City Council of the City of Cupertino this ~day
of ,2002 by the following vote:
Vote, Members of the City Council
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST: APPROVED
/s/Kimberly Smith /s/Richard Lowenthal
City Clerk Mayor, City of Cupertino
ANALYSIS OF DEFECTS IN PETITION FOR REHEARING
Municipal Code section 2.08.096 states:
"A petition for reconsideration shall specify, in detail, each and every ground for
reconsideration. Failure of a petition to specify any particular ground or grounds
for consideration, precludes that particular omitted ground or grounds from being
raised or litigated in a subsequent judicial proceeding.
The grounds for reconsideration are limited to the following:
1. An offer of new relevant evidence which, in the exercise of reasonable
diligence, could not have been produced at any earlier city hearing.
2. An offer of relevant evidence which was improperly excluded at any prior city
hearing.
3. Proof of facts which demonstrate that the City Council proceeded without, or
in excess of its jurisdiction.
4. Proof of facts which demonstrate that the City Council failed to provide a fair
hearing.
5. Proof of facts which demonstrate that the City Council abused its discretion
by:
a. Not proceeding in a manner required by law; and/or
b. Rendering a decision which was not supported by findings of fact;
and/or
c. Rendering a decision in which the findings of fact were not supported
by the evidence."
Petition Defect
As an "offer of new relevant evidence" Petitioner fails to specify how this evidence
petitioner offers a videotape of the City is new.
Council public hearing of January 7, 2002.
Petitioner cites statements made by Steve Petitioner does not specify what the
Piasecki" in reference to the General and statements were, his specific objection or
Specific Plans. agreement, or how this evidence is new and
relevant.
As an additional offer of new relevant Petitioner does not explain the relevance of
evidence, petitioner references a group of these photos as they relate to the
undated, unidentified photos depicting cars conditional use of the property for storage
parked in the vicinity of the subject site. of vehicles
As "proof of facts which demonstrate that The Heart of the City Plan was equally
the City Council proceeded without, or in available to Petitioner and he failed to
excess of its jurisdiction" petitioner says mention section 1.01.020B(3) at the appeal
that Mr. Piasecki failed to acknowledge hearing. Petitioner fails to state how this
section 1.01.020B(3) of the Heart of the demonstrates that the Council proceeded
City Plan without, or in excess of, its jurisdiction.
'- Petitioner states that section 1.01.020B(3) This statement is unintelligible. However,
"specifically relegates by reference the section 1.01.020B(3) states, under Land
specific re, quested use as an allowable use Use, Conditional Uses, "Other Conditional
within the subject area designated under Uses - as specified in the City's General
'Heart of the City' Specific Plan." Commercial (CG) Zoning district." The
City's CG zoning ordinance lists a variety
of permitted uses and conditional uses.
Section 19.55.040 says, "The following
uses may be conditionally allowed in the
CG zonin8 district, subject to issuance cfa
conditional use permit. "(Underline added
for emphasis.) This seems to indicate,
con ,trm'y to petitioner's inference, that the
City Council proceeded entirely within its
jurisdiction.
' As proof that the City Council failed to This statement is unintelligible. It appears
provide a fair hearing petitioner states that to refer to a councilmember's question to
"...the City Council attempted an Mr. Schmidt regarding whether he was
inappropriate and/or illegal act upon the willing to negotiate on the open-ended time
applicant that may constitute a taking in limit on the parcel development agreement.
that the council declared that it would be Mr. Schmidt, not the City Council, insisted
~-- willing to find that the requested use would upon connecting the history of the
and/or could be found to be acceptable if development of the entire parcel to this
and only if the applicant were to relinquish application. A council member suggesting
and/or substantially diminish rights and a possible %vin-win" scenario is neither
therefore value he has (or indeed is one of inappropriate nor illegal. It certainly does
several parties in possession of) in another not constitute proof of an unfair hearing.
use permit." [sic]
Petitioner states "Specifically, the Council As stated above, the Council made no such
stated that if Mr. Schmidt would be willing statement.
to reduce to one year the right to a
development which is vested and runs with
the land with no time period limitation they
would then find the application acceptable.
This act may violate the applicants due
process and civil rights."
Petitioner states that the Council abused its Petitioner makes no reference to any law.
discretion by not proceeding in a manner other than a general referencing of the
required by law. exhibits included with his petition for
reconsideration.
Petitioner states that the Council decision Petitioner cites no facts other than a general
~- was not supported by findings of fact. referencing of the exhibits included with
his petition for reconsideration
Petitioner states that the Council decision Petitioner cites no evidence other than a
was not supported by the evidence, general referencing of the exhibits included
with his petition for recomideration
Staff reports, resolutions and exhibits from previous
Planning Commission and City Council Meetings
Temporary Use Permit
DIR-1999-02
Approved February 10,1999
Application dated 1/16/1999
Staff report/Approval letter dated February 10,1999
Letter to Bob Cowan from Gary Schmidt dated December 10,1998
Memo'from Norm Turner, Stevens Creek Honda dated February 2,1999
Cali-Land site plan
of (]onununit3' D~-elopm~mt D~partm~t ..
1~ To~ Argue (~8) ~-33~
~ng ~osed
DweH~g Uni~
D~i~ p~ Gross Ac~
Bufld~g Squ~ Footage
Building H~t
Re~lar
Compact
Han~pped
Number of Employees ~. ~ O -- ~ '
P~earing ~C PC CC B. Act
CITY OF CUPERTINO
10300 Torte AYenue, Cupertino, California 95014 (408) 777-3308
To: Mayor and City Councilmembers
Chairman and Planning Commissioners
From: Robert Cowan, Director of Community Development
.Date: February 10,
Subj: Report of Director's decision regarding approval of a temporary use permit.
Chapter 19.128 of the Cupertino Municipal Code.allows for admln~strative approval of
temporary use permits. The Director reports his decision to the City Council and
Planning Commission in time to allow any Councilmember or Planning Commissioner
to appeal the decision within fourteen calendar days.
Application
Temporary use permit for a car storage lot at the rear of the property at 10021 S. Blaney Avenue
requested by Cali Land Associates.
Discussion
The property owner requests a temporary use permit for storage of excess new vehicle inventory
for an off-site car dealer while the car dealership is being remodeled. The dealership is Stevens
Creek Honda in San lose, which is a Don Lueas Corporation. Corporation headquarters are in
Cupertino. The current lot area is vacant. Surrounding uses are residential apartments to the
south, planned development residential to the east, and commercial to the north and west. The
applicant proposes that a maximum of one hundred (100) cars would be stored at any one time
and that deliveries would occur for 4S-minute periods, no more than six to eight deliveries per
month. Activity would be confined to Monday through Friday, 8:00 a.m. to 5:00 p.m. i
Staff spoke with a spokesperson for the Brenda Court homeowners located west of the project
and with a spokesperson for the owners of the Biltmore apartments located to the north, and
neither has a problem with the proposal.
Action
The Director of Community Development approves the proposed temporary use with the
following conditions:
1. Times of delivery are confined to Monday through Friday, 8:00 a.m. to $:00 p.m.
2. There shall be a maximum of 10 deliveries per month.
3. Ail access shall be taken from Stevens Creek Boulevard.
4. All portions of the area to be used for vehicle storage will have a r~i~imum of gravel
base.
"" Page 2 .....
No maintenance or servicing of cars shall occur on site.
A 6' high chain link fence with redwood slats shall be located on the west property
line of the proposed car storage area.
This tempora~.y, use permit is valid for six months from the date of approval and cannot be
renewed.
Enclosures:
Site Plan
g:planning/pdreport]dinninmodCaliLand
" Robert Cowan Director of PINning .........
City o1 Cupertino
December 10, 1998
Dear Bob;
Please be advised that Stevens Creek Hondn; a Don Lucas
Corporatl.on. is desirous of securing the use of our 27,000 square foot
parcel of Planned Development property that Ii.es Immediately hhind the
51~n~ Center and the Heine Shushl Re~teureflt near ~he corner of Blane7
end $te~ns Creek for a p~lod of appr~lme~eiy s~x (6) months but not to
~ceed o~e (1) year under a~ circumstance.
Th~ intend~ purpo~ is for the perking of new .utomobiles during a
remode~constructlon period of their f.cilit~ on 5~ens Cr~K east of our
There would be absolutely no se~lcJng of e~ nature Includln9 ....
washlflg~ of vehicles on our sit~ It would be 8 temporary p,r~lng Bite
for an iwento~ of new cars to be sold (end ~ewiced) et their regular site
during t~eir construction perle( ~ would instetl some ,ddltionll
tempor~ fencing that would be a m~lmum ~fght of 6 feet wi~ no barb
wlr~
There would be, m=imum werage of 3 deliYe~ truc~s per wee~ to-
the site end ell deliveries would be made vie Stevens Creek Blvd. wt~ ~11
unloading eccompl.lshd on the ~7.000 square foot parcel. There would be
a m=lmum ~er,ge of 24 vehlclfl removed from th site ~
because of sales f rom the main feci iity which would be eccompI Ished
shuttling drivers to the altL
It I~ Imitative that they be able to ;tart u~e of our prop~ty ,s
;gan as possible a~ their cOnstruCtion iS ~e to commence immedletel~
after the first of the year. !f 8 60 or ~ d~ use could be greflted
Immediately thy would be wllll~ to ~roceed on that besi~ pending
conslder,tion of · te~ore~ permit of the requ~;ted longer duretlo~
said longer permit were for some rees,n denied th~ would be willing end
'~le~ vacate th ~lte ~ the ~ of the K or 90 day period or wlthifl
d~s of ~ld denial.
Pie,aa let us ~ow ,s so= es possible If we and the City of
Cupertino would be able to eccimmodate them In these regtrd~
255-3200
: F. XPEHI-".NOE IT #OWl...'
Memo
Te-' V~'.~m it may concem
Fram Norm Tumer
Pag Storage Lot
The purpose and use of the storage lot located behind 20030 Stevens Creek Blvd will stricBy be for the
temporary storage of excess new vehicle inventory.
. .; We anticipate the lot to hold a maximum of 100 units and at any one time the lot will have 20-100 units
stored there.
Activity will be minimal and would involve the pick up and delivery of individual units on an as needed
Transport deliveries are made at certain times of the month and usually require 45 minutes to
complete. We would anticipate no more than six to eight transport deliveries a month between the
hours of 8:00am to 5:00pm.
All activity at the lot will be confined to the hours of 8:00 ~/1 to 5:00 PM Monday through Friday.
StevensCreek 'HONDA
4590 Stevens Creek Boulevnrd..°-,nn. In.~.~ ~A aAloa I:)l-,,.,,no. ,4nn/o,4'7_o~n r-^v. ~no/n,~.-z n~on
_ Temporary Use Permit
06-U-99
Approved August 9, 1999
Application dated 6/14/1999
Staf~ report
Resolution No. #5064
Action letter to Call-Land Assodates dated August 10,1999
Minutes f'rom the August 9, t999 Planning Commission meeting
t City .....
, . . ! APPLICATION FORM.
~ of Communi~' Development Departmemt
10300 To~ Argue (~) ~-~08
' Cuper~o
Add~ ~' ~Nw I ~
~ ~ . ~.~.~ ~---- ;. Phone ~ ~ ~-~" 'm~,~
~. Add~ ~~ P~ne
~"'~ PmjectAd~
D~cHpflon of Pro, ecl D~'~ ~. &mil~~j~. ~tm~ ~mt, ~e ~.~.
. .~.. . '~ .
Parcel Size Net ~'{;/~lt~) Gro.~ ,~a~tP Net
D~i~ per G~s A~
Buil~g Squa~ Footage
Lot Cov~ge ~g~ ~
L~pe Area ~e~en~ge) ~ .... t
~oor ~ea ~fio ~
Bulling Helght
Paring / ~ :
Handicapped ~ -
Pmhearin~ ERC PC CC B. Act '
vEr~TME~ br CO~V~aTY V~.VELOrmNT
10300 TOI~xU~ AVENUE, CUPERTINO, CALIFORNIA 95014 (408) 777-3308
DEPARTMENT OF COMMUNFFY DEVELOPMENT P~EPORT FORM
Application No.(s): 6-U-99
Applicant: Cali-Land Associates
Location: 20030 Stevens Creek Boulevard
SUBSEC~:
The appliclmt's request is for a temporary use permit to allow the storage of vehicles in a
planned ~levelopment zone district located within the southeast comer of the intersection of
Stevens Creek Boulevard and Blaney Avenue. The property involved is located behind the
Blaney Center and Hamasushi Restaurant located within said intersection.
View looking toward southeast View looking toward northeast
, ':i:'""..- ' ......... · .l
"'~---------'
;' .' 1-':,,. · ;
.~'-.-"; """-- '.~: ',. '. i'" .'"': '?'""J.:'q
· ~ ". ': ;'. -. ·
· ~-~ i& ..
' '"'~i: '., ' ' ~"
View looking to south View from Blaney ~lvenue looMng west
DISCUSSION
In February 1999, the Director of Community Development issued a temporary six-month Use
permit to allow car storage on said site subject to six conditions of approval. The approval was
granted to Don Lucas Corporation, which is headquartered in Cupertino for the purpose of
storing Honda vehicles while the Honda Dealership in San Jose was being remodeled. The site
plan, labeled "Cali-Land site plan", is attached to describe the general location of the site relative.
to the Blaney Center, Hamasushi and Ciceros Pizza Parlor. The property is bordered to the east
(across Blaney Avenue) by the Brenda Court residential community and the Shell gas station. It
is bordered to the south by the Biltmore apartments and to the west by the Chili's restaurant.
The photographs describe the general condition of the site. The conditions of approval are
intended to limit activity on the site to working hours between 8 to 5 with limited delivery times
and no merchandising activities. To date, staffhas not received complslnts from neighboring
property owners and nor has the city received phone calls or inquiries from residents since the
notic~ has been mailed.
The attached letter from Matthew Lore, General Manager of Honda Dealership addressed to the
Director of Community Development states that the construction activity on the Stevens Creek
Honda site was not started during the initial six-month period. Lucas requests a 14-month period
beginning in September. Although the parking lot has not generated problems for the immediate
neighborhood, staff is concerned about the length of time involved in the request. The City of
Cupertinb has traditionally been opposed to the use of property along Stevens Creek for storage
because it has a detrimental affect on the property values and the general ambience of the street.
The lease arrangements on the property held by Cali interests preclude total redevelopment of the
site within the foreseeable future and thus it is likely that the vacant property behind the Blauey
Center will be kept in an undeveloped status for some time. The site is relatively isolated and
the use is quiet, therefore unless residents testify at the hearing that the storage has created
problems, staff supports the extension for one year from September, l~t.
RECOMMENDATION:
Assuming that the Plsnnlng Commission van make the finding that the use will not be
detrimental to neighbors based upon testimony at the August 9'~ hearing, staff recommends.
approval of the use permit subject to the conditions of approval that were imposed by the six
month use permit last February. The conditions are outlined in the model resolution.
Submitted by: Robert S. Cowan
Enclosures:
Model Resolution
Site Plan labeled '~ali Land Site Plan"
Matthew Lore letter dated July 12, 1999
Director's approval report dated February 10, 1999
RESOLUTION NO. 5064
RESOLUTION OF THE CITY OF CUPERTINO APPROVING TEMPORARY USE OF A
PLANNED DEVELOPMENT ZONED PARCEL FOR. AN AUTOMOBILE VEHICLE
STORAGE FOR LUCAS DEALERSHIPS
SECTION I: PROJECT DESCRIPTION
Application No.: 6-U-9.9
Applicant: Cali-Land As. sociates
Location: 20030 Stevens Creek Boulevard
SECTION II: FINDINGS
WHEREAS, the Planning Commission of the City of Cupertino received an application fbr
extension of a temporary use permit; and
WHEREAS, the Planning Commission finds:
a) That the use is in conformance with the General Plan of the City of Cupertino, and is not
detrimental to existing uses specifically permitted in the zone in which the proposed use is to be
located.
b) That th~ property involved is adequate in size and shape to accommodate the proposed use.
- NOW, THEREFORE, BE IT RESOLVED: that after careful consideration of ex. hibits and
testimony submitted in this matter, application 6-U-99 is hereby approved and the temporary use
of the subject property for auto storage will be regulated in a manner to preclude visual and non
impact to neighboring properties.
SECTION III: CONDITIONS BY THE COMMUNITY DEVELOPMENT DEPARTMENT
APPROVED EXHIBITS
Approval is based upon Exhibit labeled Cali-Land Site Plan as ma~ be modified by additions
contained herein.
CONDITIONS OF APPKOVAL '
1. Times of delivery are confined to Monday through Friday, 8:00 a.m. to 5:00 p.m.
2. There shall be a maximum of 10 deliveries per month.
3. All access shall be from Stevens Creek Boulevard.
4. All portions of the area to be used for vehicle storage will have a minimum of gravel base.
5. No maintenance/servicing or merchandising of cars shall occur on site.
6. The use permit is granted for a one-year period be. ginning on September 1, 1999, and
expiring August 31, 2000. The applicant may request an extension prior to the expiration
date.
PASSED AND ADOPTED this 9th day of August, 1999, at a regular meeting of the Pla,ani,ag
Commission of the City of Cupertino, State of California, by the following roll call vote:
AYES: COMMISSIONERS
NOES: COMMISSIONERS
ABSTAIN: COMMISSIONERS
ABSENT: COMMISSIONERS
ATTEST: APPROVED:
/s/Rob4rt S. Cowan /s/David Doyle
'Robert S.' Cowan, Director of David Doyle, Chairman
Community Development
~/planning/rcs/6u99cxt
10300 Torre Avenue
-- Cupertino, CA 95014
(408) 777-3308
· of FAX (408) 777-3333
Cupertino
Community Development Department
August 10, 1999
Cali-Land Associates
P.O. t~ox 1967
Cupertino, CA 95014
SUBJECT: PLANNING COMMISSION ACTION LETTER - Application 6-U-99
This letter eonfmns the decision of the Planning Commission, given at the meeting of
August 9, 1999, approving a request for a one-year extension on a use permit for'a ear
storage lot on a. vacant parcel, according to Planning Commission Resolution No.5063.
Please note that this approval will expire August 31, 2000.
Also, be aware that an appeal of this decision can be made within 14 calendar days of the
decision. If this occurs, you will be notified 6fa public hearing, which will b~ scheduled
before the City Council.
Sincerely,
Robert S. Cowan
Community Development Department
Enclosures:
Resolution No. 5064
c: Matthew Lore, General Manager Stevens .Creek Honc~a
g'dplanning/IMst heoring/acfion l¢~r4-ua)9
Planning Commission Minutes 2 August 9, 1999
Location: 10645 Cordova Road (Lot B)
Hillside Exception to cons~'uct a new 3,133 square foot residence on an existing lot.
Planning Commission decision final unless appealed
Request continuance to Planning Commission meeting of September 13, 1999
10. Application No.(s): 8-U-99, 2 I-EA-99
Applicant:. HOK Architects
Location: 20330 Torr¢ Avenue (for Symantec Corporation)
Use Permit to consmmt a 1,750 sttuaro foot addition (Le~'ning Center ) at an existing office
building
Planning Commission decision final unless appealed.
Reques'~. continuance to Planning Commission meeting of September 13, 1999
11. Application No.(s): 5-U-99, 17-EA-99
Applicant: Ever-~hine Group (Marketplace)
· :. Location: 19750 Ste~ns Creek Boulevard
Use Permit to demolish an existin__g 9,464 square foot vacant re~ta~aat and construct two new
¢omrn~gial b~s tota~ng 26,159. square fret.
Continued from Planning Commission meeting of d'uly 26, 1999
Tentative City Council hearing date: August 16, 1999
Request c~ntinuance to Planning Commission meeting of September 15, 1999
MOTION: Com. Harris moved to postpone Items 2, 3, 4, 10 and 11 to the Sq~tember 13,
1999 Planning Commission meeting
SECOND: Com. Corr
ABSENT: Com. Kwok
VOTE: Passed 4-0-0
ORAL COMMUNICATIONS: Mr. Alvin Deridder, 19146 Ann Lane, Cupe~uo, spoke on
· .. behalf of thc r~sidents of the Sam Crist House, a home for independent living for handicapped
· , ." people. He discussed a potential safety problem relative to the lack of a sidewalk for wheelchair
accesm"oility. He suggested a temporary asphalt sidewalk bo installed. Mr. Robert Cowan,
Community Development Director, said he would contact the Public Works Depmtmant and if a
safety issue was involved, there may be discr~ionsry funds available to improve the hazardous
conditions. Ho noted th~ street improvemeuts were normally completed by the developers. Mr.
Deridder expressed his appreciation to the pImmi~g Commission and staff for addressing tho issue.
CONSENT CALENDAR: None
Chairpe~on Doyle op~ned the public hearing.
5. Application No.: 6-U-99
Applicant: Cali-Land Associates
Location: 20030 Stevens Creek Boulevard
Request for a two-year Uso Permit for a car storage lot on a vacant parcel
Planning Commission decision final unless appealed.
Plaming Co ,,,issioa Min gs 9,
e~on to ~ow con~u~ ~e 0f ~ ~ 20030 St~ Creek ~~ w~e S~
Cr~ H~ md~g~ r~ode~g. S~ r~~ ~ov~ of a ~y~ ~~ ~; a
d~sion ~ ~ ~ be 6nsl. ~ ~~ ~in 14 ~ ~. ~. Co~ ~
~ ~e ~o~ model r~h6on d~ not ~o~de f~ ~e one y~ ~ov~. He ~~d~
. a 12 m~ ~~ ~naiag S~~ 1, 1999, ~g S~t~ 1, 2000.
~. G~ S~d~ E~c ~ ~d D~o~t Eut~ ~o~d~ ~c~
b~o~d of~ p~cel ~ q~on ~ ~~ ~ n~ for &~ ~e ~.
~ ~le o~ ~e m~g f~ pubhc co~mg ~e w~ no ~e ~t who ~ to
MO~0N: C~ St~ mov~ to ~o~ ~~on 6-U-99 ~ ~ ~gz to a on~
~~ ~ Au~ 31, 2000.
SECO~: C~ C~
~S~: Co~ Kwok
VO~: P~ ~
6.. AppEcafion No.(s): 3-TM-99, 14-EA-99
Location: 7359 Rainbow Drive
TentaEve ~nap to subdivide a 14,661 square foot ~ into s~ven lots for an approved townhouse
development
¢onanued.j om Pla ming Conuni iOn meeting of , luty 26, 1999
Tenta~e City Council hearing da~e: dugmt 16, 1~9
Staffvreseniation: The video presen~on r~wizwed the application to subdivide a 14,461 square
foot pareel into eight lots for an approved townhonse development, as o~li,~d in the anached staff
report The application to demolish the existing complex was approved in late 1998; and staff
found the tentative map to be consistent with the approved use pemxit. Issues concernh~ site
'. ": drainage and tree protection w~re resolved and conditions were ~wn up during the use permit
approval process, with the exc~tion of a 19 inch deodora cedar local~ on the nodhwm[ corner of
the properly, which the applicant is requesting to ~emove. Ms. Chen's proposal is to r~placz the
tree with a 36 inch box tree. Staff recommends approval of the 8 lot subdivision based upon
conditions of approval; a decision will be forwarded to the City Council for a final decision:
Mr. Tom Sloan, pro~-~t architect, answered questions relative to the tr~ removal and replacement.
Chair Doyle opened the meeting for public co~:~;~t; there was no ~ne present who wished to
speak.
~ SRdy Ch~ applioallt, refuted to the prelimlnm~ lm~dsc~pe plan and noJ~d the R~e placement ·
in the neighboring yards. She pointed out that the tree in qu~-tion was blocking uJility pol~s and
was presently not in healthy condition.
Com. Stev~s expressed concern that the neighbor who was originally concerned with the tree
removal when the project was approved, was not ~ nor was there any indication the neighbor
had any input on the latest proposal for removal. Conx Corr said that he felt the prese.~t tree may
sulwiYe. Com. Harris said th~ because of the root problems and condition of the ~ tree, she
Temporary Use Permit Extension
06-U-99 (M)
Approved November 27, 2000
Staff report
Resolution No. #6064
Action letter to Bill Mendenhall, Call-Land Associates dated November 29, 2000
Letter from Matthew Lore, Honda of Stevens Creek
Minutes from the November.27, 2000 Planning Commission meeting
Approved site plan
CITY OF CUPF, RTINO
10300 Torte Avenue, Cupertino, California 95014
DEPARTMENT OF COMMUNITY DEVELOPMENT REPORT FORM
Application: 6-U-99(lVl) Agenda Date: November 27, 2000
Applicant: Call-Land Associates
Property Owner: Same
Property Location: 10715 Blaney Avenue
ApPlication Summary: Request to extend an approved use permit for one year for
automobile vehicle storage
BACKGROUND:
The Director of Community Development approved a temporary use permit for a car
storage lot at this address in February 1999. Temporary use permits ar~ valid for six
months, so the applicant applied for a traditional use permit, which was heard by the
Planning Commission in August 1999. The Commission approved the use permit for one
year (see enclosed staff report and resolution). The applicant requests an extension for
one year, which is the most the use permit can be extended.
DISCUSSION:
The pre. vious staff report pointed out that Cupertino has not traditionally supported the
use of property along Stevens Creek Boulevard for storage. Staff believes that car
storage should be a temporary use, because its continued operation jeopardizes
" redevelopment of the property into a viable "Heart of the City" use, as envisioned by the
General Plan. However, the property owner requests that one more year be allowed
while plans are developed for the future. Staff can support one additional year, while
stating in the resolution that no further extensions will be considered. If the applicant
wishes to apply for continued car storage use, a new use permit will be required.
RECOMMENDATION:
Staff recommends a one year extension.
Enclosures:
Model Resolution
1999 Staff Report and Planning Commission Resolution
Letter from Matthew Lore, Honda of Stevens Creek
Submitted by: Ciddy Wordell, City Planner
Approved by: Steve Piasecki, Director of Community Developme~
G:pla2ming/pdreport/pc/06u992
06-U-99(M)
CITY OF CUPERTINO
10300 Torte Avenue
Cupertino, California 95014
RESOLUTION NO. 6064
OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO
APPROVING THE EXTENSION FOR. ONE YEAR. FOK AUTOMOBILE VEHICLE
STORAGE AT 20030 STEVENS CREEK BOULEVARD
SECTIO~ I: FINDINGS
WHEREAS, the Planning Commission of the City of Cupertino received an application for a Use
Permit Modification, as described in Section II. of this Resolution; and
WHEREAS, the necessary public notices have been given in accordance with the Procedural
Ordinauee of the City of Cupertino, and the Planning Commission has held one or more public
hearings onthis matter; and
WHEREAS, the applicant has met the burden of proof required to support said application; and
has satisfieci the following requirements:
1) The proposed use, at the proposed location, will not be detrimental or injurious to property or
improvements in the vicinity, and will not be detrimental to the public health, safety, general
welfare, or convenience;
2) The proposed use will be located and conducted in a manner in accord with the Cupertino
Comprehensive General Plan and the purpose of this title.
3) The proposed use will foster the Heart of the City goal of creating a positive and memorable
image of Cupertino .on or near Stevens Creek Boulevard, since it will be a temporary use
while long-term plans are being prepared.
NOW, THEREFORE, BE IT RESOLVED: ',
That after careful consideration of fact's, exhibits, testimony and other evidence submitted in this
matter, the application for Modification is hereby approved;-and
That the subeonelusions upon which the findings and conditions specified in this resolution are
based and contained in the public hearing record concerning Application No. 06-U-99(M) as set
forth in the Minutes of the Planning Commission'Meeting of November 27, 2000, and are
incorporated by reference as though fully set forth herein.
Resolution No. 6064 06-.U-99 (IVl) November 27, 2000
Page .2-
SECTION II: PRO3ECT DESCRIPTION
Application No. : 06-U-99 (M)
Applicant: Cali-Land Associates
Location: 20030 Stevens Creek Boulevard
SECTION II'I: CONDITIONS OF APPROVAL:
APPROVED EXHIBITS
Approval.. is based upon Exhibit labeled Cali-Land Site Plan as may be modified by additions
contained' herein.
CONDITIONS OF APPROVAL
1. Times of delivery are confined to Monday through Friday, 8:00 a.m. to 5:00 p.m.
2. There shall be a maximum of 10 deliveries per month.
3. All access shall be from Stevens Creek Boulevard.
4. All portions of the area to be used for vehicle storage will have a minimum of gravel base.
5. No maintenance/servicing or merchandising of ears shall occur on site.
6. The use permit is granted for a one-year period beginning on September 1, 2000, and
expiring August 31, 2001. Ail automobile storage use shall terminate on that date. The
applicant shall apply for a new use permit should continued automobile storage be desired.
PASSED AND ADOPTED this 27th day of November, 2000 at a Regular Meeting of the
Planning Commission of the City of Cupertino, State of California, by the following roll call
vote:
AYES: COMMISSIONERS: Corr, Kwok, Stevens and Chairperson Harris
NOES: COMMISSIONERS:
ABSTAIN: COMMISSIONERS:
ABSENT: COMMISSIONERS: Doyle
ATTEST; APPRQVED:
/s/ Steve Piasecki /s/ Andrea Harris
Steve Piasecki Andrea Harris, Chairperson
Director of Community Development Cupertino Planning Commission
----- g'./planning/pdr~port/res/O6u99(M)
10300 Torre Avefiu~ · '
Cupertino, CA 95014
(408) 777-3308
CITY OF FAX (408) 777-3333
CUPI I INO
Community Development Department
November 29, 2000
Mr. Bill Mendenhall
Cali-Land Associates
P.O. Box 1967
Cupertino, CA 95015
SUBJECT: PLANNING COMMISSION ACTION LETTER- 06-U-99(M)
This letter confurns the decision of the Pla..irtg Commission, given at the meeting of
November 27, 2000, approving the extension for one year for automobile vehicle storage
at 20030 Stevens Creek Boulevard,, according to the enclosed copy of Planning
Commission Resolution No. 6064.
Please n6te that an appeal of this decision can be made within 14 calendar days of the
decision. If this occurs, you will be notified of a public hearing, which will be scheduled
before the City Council.
Sincerely,
Ciddy Wordell
City Planner '~
Enclosure
Resolution No. 6064
ggplanning/post hearing/actionlotter6u99m
Printed on Recvcled Paner
HONDA
.... ._ ........ ............. .......
~ 4S90 STEVENS CREEK BOULEVARD .:~,f.~ jO$.r.. CA 9~ ~g'_' '.,,.--c.:..-.'.' '..
Steve Piasedd
C/O City of Cupertino
:t0300 torre Ave
Cupertino, Ca 95014
Community Development Director
Dear Hr. Piasecld,
As you are aware Honda of Stevens Creek has been using property
owned by Call Land Associates for temporary new car storage located at
10021 S. Blaney Ave Cupertino Ca. Our temporary pe.rmit expires August
31,2000. We have had a lot of unforeseen problems the biggest being
new ownership. We have gone from a remodel to tear down and start
over which makes better sense. The problem is our start date is the end
of August 2000 and will take approximately eleven months or to the end
of 3uly 2001. It would be a great hardship if we lost that temporary
parking area in Cupertino, If you could find a way to let us extend our
parking area I would be willing to help out with some kind of community
support of schools, businesses, athletic teams etc. Honda of Stevens
Creek is a great supporter of the entire community. Your help would be
greatly appreciated.
Sincerely,
M~ew Lorn
General Manager
Planning Commission Minutes 9 November 27, 2000
Mr. Piasecki noted that the two would be meshed into the records, so that it stands as the motion.
Com. Kwok asked if the applicant had any problems with the modifications or changes. The
applicant responded, no.
MOTION: Com, Kwok moved approval of Application I-EXC-00 with the conditions as
modified by Mr. Piasecki in Condition No. 5 above and according to the
recommendations by the geologist dated April 25, 2000; and to periodical
evaluation to provide stability and ensure that there were no cracks: to post a bond
for appropriate maintenance for 2 rainy seasons at a cost equal to the cost of
putting in piers; t6 be held two years aRer the completion of the project. Aisc,
Condition No. 9, no grading during wet seasons, as defined ill the Municipal
Code, unless approved by the City Engineer.
SEC(JND: Com. Corr
ABSENT: Com. Doyle
VOTE: Passed 4-0-0
Mr. Piasecki said that he wanted to ensure that it included "as defined in the Cupertino Municipal
Code unless approved by the city engineer." The reason we include 'unless approved' is there
can be some minor grading; they can be at the end of their grading cycle; it may not bo that
substantial.
MOTION: Com. Stevens moved to approve Application 03-EA-00
SECOND: Com. Kwok
ABSENT: Corn. Doyle
VOTE: Passed 4-0-0
Mr. Piasecki noted for the record that the amhitect and the applicant Mr. Yeh, had worked
cooperatively with the city, and went through a long process to get the buildi,~g lowered and
minimize some of the impacts.
Com. Corr concurred, and said that they appeared before the Environmental Review, CommRtee
multiple times and worked very hard to get to the point where they could secure the approval
tonight.
Com. Stevens expressed concern regarding the rapid flow of water from the street when it is
raining. He said the Director of Public Works, who has since retired, was looking a[ moving
culverts and similar things. He questioned where all the downhill water would go to. It was
suggested that tile minutes be forwarded to the present Director of Public Works so that he would
be aware of the issue.
6. Application No.: 06-U-99(M)
Applicant: Call-Land Associates
Location: 20030 Stevens Creek Boulevard
Request to extend an approved use permit for one year for automobile vehicle storage.
Postponed from Planning Commission meeting October 23, 2000
Planning Commission decision final unless appealed
Planning Commission Minutes l0 Nov'ember 27, 2000
Staff presentation: The video presentation reviewed the application for a one year extension on an
-' approved use permit for automobile vehicle storage, as outlined in the staff report. Staff
recommends approval of the one-year extension; Planning Commission decision on application is
final, unless appealed within 14 calendar days.
Ms. Wordell pointed out that the applicant was unable to be present at the me, ting and requested
that if approval was not granted or there were questions to be answered by him in order to approve
it, a continuance would be requested. She said that if a decision could not be made, the Planning
Commission might want to honor the applicant's request; however, they are already stretching the
expiration of their prior use permit. Ms. Wordell said that the zoning was Planned Development,
part of the Heart of the City. Chair' Harris noted that the permit had expired three months ago.
Ms. W. ordeil provided background history on the application to extend the use permit. She said
that erie of the reasons staffdid not want to have it continue to roll over was that there have been
talks in the past about developing the remainder of the property and the plans have not been
implemented, and could continue for some time. Staff does not want to prolong that kind of
discussion because they feel it is not a good ultimate use for such prime property in the heart of the
city.
Com. Stevens commented that the last time the application was reviewed the owners of' the other
two properties were also present at the meeting and they could not reach a decision on what to do
with all three parcels, making the future unknown at that time. He said that on Page 6-! it says
that staff can support an additional year while stating in the resolution that no further extensions
will be considered, and also states if the applicant wishes to apply for continued car storage, a now
-- permit would be required.
Ms. Wordell said that the permit could not be extended again, the applicant would have to re-
apply. Mr. Piasecki said that they need to emphasize that this is not a good long term usc o1' the
property, and that the applicant needs to decide what to do with the property. Staff is not inclined
to grant a new use permit; however, the applicant has the option to ask for one.
MOTION: Com. Con' moved approval of Application 6-U-99(M)
SECOND: Com. Stevens
ABSENT: Com. Doyle
VOTE: Passed 4-0-0
7. Application'No.: 21-ASA-00
Applicant: Pinn Brothers (Adobe Inn)
Location: 20328 Stevens Creek Blvd.
Appeal of architectural and site' approval for design details of. an approved 77 room hotel.
Postponed from Planning Commission meeting of November 23, 2000
Planning Commission decision final unless appealed
Note that the action on this application is final, although any action regarding an ordinance change
is subject to City Council approval.
Staff presentation: Chair Harris noted that she filed the appeal and was advised by counsel that she
could remain and be part of the discussion and vote since the appeal was made as a Planning
Temporary UsePermit- Planning Commission Meeting
-- 09-U-O1
Denied October 22, 2001
Application dated August 17, 2001
Letter from Dell Ausland dated October 13, 2000
Letter from Gary Schmidt requesting a continuance dated October 19, 2001
Staff report
Resolution No. #6115 Denial.
Letter from Gary Schmidt dated October 22, 2001
Action letter to Gary Schmidt dated October 23, 2001
Minutes from the October 22, 2001 Planning Commission meeting
llx17 Exhibits A-F, provided by applicant (requested to be part of the packet)
'j
~ City
Of Co~m~m~' D~'¢lopm~nt D6p~ent
Add~ ~ ~ ~ ~ Phone
Fax
Lind Use
Pa~ S~e N~ ~)~O 0
Lot Cov~age ~erc~ge)
Handicapped
Houm of Ope~fion
Number of ~mployees
Print Prope~ O~e~s N~e
File ~(s) ~A.
P~hearing ERC PC CC B.
P~appHca~on C~fe~nce Ph~ Si~a~:
.... LAW OFFICES OF DELL R. AUSLAND .........
1115 Bennington Drive
Sunn~,v~le, CA ~,087
Tel. (408) 73~)-$611
Fax (408) 736-8681
October 13, 2000 '
Steve Piaseeki
Director of Community Development Department
City of Cupertino
10300 Torte Avenue
.', I
Cupertino, CA 95014
Re: Real Property in Cupertino owned by Cali-Land Associates
Dear Mr. Piasecld:
This office represents Call-Land Associates in regards to their properties in
Cupertino commonly identified as The Blaney Center, the Hama Sushi Building and the
undeveloped 25,000 square foot lot to the rear of same.
We have concerns with what may appear to be a pattern and practice of
permissiveness or perhaps failure to.enforce current standards in regards to the City's
approval and or regulation of contiguous properties to my clients properties and other
properties in the !mmediate neighborhood that have and/or may have adversely effected
my clients efforts to develop their property.
While my clients have been attempting for many years to establish a plan fo~ the
development of the "undeveloped 25,000 square foot lot" or the re-development of
portions of the Blaney Center or the Hama Sushi lot in connection with the development
of the 26,000 square foot lot they have in recent years been met with "strict"
interpretations of standards and inflexibility on the part of the City of Cupertino in
regards to the City's reaction to concepts for development that my clients have presented
for review on a pre-application informal basis to the City.
The presentations have involved substantial dollars in architectural, legal and other
fees as well as substantial personal time and expenses.
As I am sure you are aware, there is an approved development plan which calls
for the removal of the Blaney Center building, the consolidation of the Blaney Center lot
and the mar undeveloped 26,000 square foot lot, a lot line adjustment and the construction
of a 30,000 square foot commercial office building with underground parking. This
was a two phase use permit issued-in 1988 which called for substantial expenditures in-". ·
_. the six to seven figure range by my clients to, among other tM~gs, complete the
provisions of the Stevens Creek sidewalk and landscape plans of the City of Cupertino as
they related to my clients property. As a part to the approval process to this two phase use
permit and as a consideration of the hundreds of thousands of dollars of monies that my
clients were to spend on improvements per thc direction of thc City that would bring my
clients no direct increase in return on their property, the City agreed that the construction
of the commercial office building to the rear would be in Phase H of the use permit and
there would be NO time limit for the initiation or completion of Phase II. The approval by
the City of this use permit declare~l that completion of Phase I of the project would
activate their use permit and then the rights of construction of the rear building (30,000
sq. l~t. commercial office) would nm with the land.
~ .
Some years ago because of frustration with their efforts to finalize agreements to
consummate arrangements to facilitate construction of said 30,000 sq. f~. commercial
office building, my clients begun to consider, investigate and review alternative
development projects. They have had numerous conversations over the last 5 or 6 years
with a variety of City officials including planning commission members in au effort to
craf~ a development plan that would be acceptable to the City that would be feasible
x~ithin the constraints of the marketplace. They met personally numerous times with the
then direc~tor of planning, Bob Cowen, to go over preliminary plans for various potential
projects that had been drawn at great expense to my clients but no "light at the end of the
tunnel" ever occurred.
It should be noted that of primary importance and consideration in any
development or re-development proposal is the fact that the rear undeveloped lot is only
80 feet deep (80' x 3207. This creates great constraints on its' development especially if
the City is unwilling to look creatively at the situation and be flexible in the application of
normal development standards especially set back and day light plane requirements.
This brings us to a most important portion of this communication to you. Please
note for the record, that approximately 5 years ago the Chili's building to the immediate
west of my clients property went through a major remodel and new construction of an
amount in excess of $1,000,000.00. During this permit and approval process, they
apparently were not required by the city to complete their portion of the Steven's Creek
sidewalk/landscape plan as a condition of their approval. We would like an explanation of
the lack of this continuity in the general plan.
Please forward or make available copies of their application and related files for
2
that Chili's project along with minutes and/or transcripts for all hearings on said
applications as well as the final approval resolution and related documents. We will pay
for all reasonable costs of duplicating said records. - .....
The failure of the City to require them to complete their portion of the Stevens
Creek sidewalk/landscape plan as a requirement of the redevelopment would appear to be
disparate but I hope not representative of some bias when compared to the inclusion of
that requirement in my clients' project in 1988. Chili's failure to complete this portion of
the sidewalk/landscape plan reflects adversely and has a negative impact on the
neighborhood and my clients' property.
.It should also be noted that Chili's at that time was permitted by the City of
Cupertino to construct a new building on the property line common with my clients'
property., ?rithout any setback.
In subsequent years my clients have conferred with the City of Cupertino Planning
Officials about possible projects on their property, the officials have insisted on my
clients to provide for a set back from 10 to 20 feet.
This lack of'consistency is now occurring again. The Biltmore Apartments to the
south (rear) of my clients' property are in the process of new construction with less than a
5 foot setback from my clients property and also does not appear to meet a 45 degree day
light plane.
I feel that it would be in the best interest of all parties if we could meet to discuss
the foregoing issues prior to any planning Commission hearing on the parking use of the
rear parcel.
In any event, because ora medical procedure scheduled for October 23, 2000, I
have been advised that it would not be prudent to schedule any meetings for that evenin§.
Mr. Schrnidt also has a civil trail in Keno that would conflict with that date. Therefore, we
respectfully request that the scheduled hearing be taken off calendar until we can discuss
all of the above and at time set a new hearing date.
Thank you in advance for your anticipated courtesy and cooperation in this matter.
Sincerely,
Dell 1{. Ausland
DRA:me
3
City of Cupertino
10300 Torre Av'eiiue, CuP~i,'tino, California 95014 (408) 777-3308
Department of Community. Development
Application l~lo.(s): 09-U-01Agenda Date: October 22, 2001
Applicant: Gary Schrnidt
Location: · 10071 S. Blaney
Application Summary:
Use pe .rmit for continued use of a vacant commercial parcel for storage of automobiles.
RECOMMENDATION:
· ~ Staff recommends denial of 09-U-01 per the model resolution.
~. '(A model resolution for approval is provided should the Planning Commission
! ' decide to approve the use permit.
· The application is categorically exempt from the California Environmental
Quality Act, hence no environmental determination is required.
· The Planning Commission action is final unless appealed to the City Council.
BACKGROUND:
· In February, 1999, the applicant received a temporary use permit, granted by the
Director of Community Development, for new automobile storage for sixth
months on a .6 acre parcel to the rear of the commercial area. The parking area
.provides new car storage for an automobile dealership on Stevens Creek
Boulevard in San $ose.
· In August 1999, the applicant received a use permit from the Planning
Commission for a one-year.approval for this use, since a temporary use permit
cannot be extended (see Exhibit A). The use was approved for one year from
September 1, 1999 to August 31, 2000.
· Last year the Planning Commission granted a one year extension, from September
1, 2000 to August 31, 2001, which required that a new use permit be applied for
should the property owner seek to continue automobile storage on this property.
o On August 16, 2001, the applicant applied to extend the use permit for another
year, but requested two postponements until this meeting.
The property is bordered to the east (across Blaney Avenue) by the homes on'Brenda
Court and the Shell gas station. It is bordered to the south by the Biltmore apartments
and to the west by Chili's restaurant. The car storage area is located to the rear and side
of the "Blaney Center" retail building.
The existing conditions of approval limit activity on the site to working hours between
AM to $ PM with limited delivery times and no merchandising activities. To date, staff
has not received complaints or inquiries from neighboring property owners.
Use permit for continued use of a vacant commercial parcel for storage of automobiles
October 22, 2001
Page 2
DISCUSSIOI~:
Previous staff'reports and approv, ats pointed out that tho use of property along Stevens
Creek Boulevard for car storage is not desired because it has a detrimental effect on
property values and the general ambience of the street. The General Plan and the Heart
of the City Specific Plan describe Stevens Creek Boulevard as a unique pedestrian-
oriented activity area, which will be a. positive and memorable gathering place for
Cupertino citizens. Car storage was approved on a year-to-year basis because the
applicant was pursuing more long-term uses for the property and car storage was
considered an interim use. The automobile storage use has continued now for 2 years and
9 months.
StatT .¥1ieves that car storage should not be permitted on a continuing basis for several
reas0~. First, car storage is not compatible with the surrounding residential and
corn~rcial uses. Secondly, staff routinely discourages requests from other property
owners for temporary outdoor storage uses, including automobile storage, for the reasons
stated above. For instance, the staff recently discouraged a request to store trucks on
property located on Imperial Avenue. It is not fair to other commercial property owner to
deny or discourage their requests for outdoor storage uses while it is being permitted on
this property.
The applicant states that the car storage use is unobtrusive because it is not visible from
Stevens Creek Boulevard and that he continues to explore development options for the
prope .r~y. Over the past year, the property owner approached staff with several
development concepts and staff agrees that the use is not highly visible from Stevens
Creek Boulevard. However, staff does not believe it is good public policy to allow a use
on one property that is not generally allowed for other similarly situated commercial
properties and the use is clearly not compatible with the adjacent retail/restaurant uses or
the adjacent residential uses. Accordingly, staff recommends denial of this request. The
Planning Commission action is final unless appealed to the City Council.
Enclosures:
Model resolutions
Exhibit A: Staff report, conditions of approval and site plan for 6-U-99
Prepared by: Ciddy Wordell, City Planner -
Approved by: Steve Piasecki, Director of Community Developmen~,.~
G:planning/pdcport/pc/pc09u01
2
09-U-01 Denial
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
RESOLUTION 6115
OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO
RECOMMENDING DENIAL OF A USE PERMIT FOR A PLANNED DEVELOPMENT ZONED
PARCEL FOR AN AUTOMOBILE VEHICLE STORAGE FOR TEMPORARY CAR STORAGE
SECTION I: PROJECT DESCRIPTION
Application\No.: 09-U-01
Applicant: Oary Schmidt
Location: 10071 S. Blaney
SECTION H: FINDINGS FOR DENIAL
WHEREAS, the Planning Commission of the City of Cupertino received an application for a Use
Permit, as described in Section II of this Resolution; and
WHEREAS, the Planning Commission finds:
a) That the use is not in conformance with the General Plan of the City of Cupertino, and is
detrimental to existing uses specifically permitted in the zone in which the proposed use is to be
located because it delays redevelopment of the site into a more appropriate use for Cupertino's
main street;
b) That the property involved is adequate in size and shape to accommodate the proposed use.
NOW, THEREFORE, BE IT RESOLVED:
That after careful consideration of maps, facts, exhibits, testimony and other evidence submitted in this
matter, the application for 09-U-01 is not approved.
That the subconclusions upon which the findings and conditions specified in this resolution are based
and contained in the public hearing record concerning Application No. 09-U-01, as set forth in the
Minutes of the Planning Commission Meeting of October 22, 2001, and are incorporated by reference
as though fully set forth herein.
Resolution No. 6115 09-U-01 October 22, 2001
Page 2
PASSED AND ADOPTED this 22nd day of October, 2001, at a Regular Meeting of the Planning
-- Commission of the City of Cupertino, State of California, by the following roll call vote:
AYES: COMMISSIONERS: Corr, Patnoe, Chert, Aucrbach and Chairperson Kwok
NOES: COMMISSIONEKS:
ABSTAIN: COlVl/VIISSIONERS:
ABSENT: COMMISSIONERS:
ATTEST: APPROVED:
/s/Steve Piasecki /s/Patrick Kwok
Steve Piase~.lli.' Patrick Kwok, Chairman
Director of Community Development Planning Commission
G:~PlanninE~PDREPOR'ITRES\09-U-01 denial rcs.doc
· . . , ,:~:; .-
DIVERSIFIED: .NtIMBEI~. 09-0.0
.ZT,, :~0i ......
Th~ folio<, ',~,, ar~ r~so~s :t'~r ot'~.'. ~s~ II~ rmait to
extend eie lemporar~ .p~i.'. '~ ofn~w auIomobil~
of tl~ ~ommtmity for th~ last t~o:
, .;: '. '..:(
2..'rh.~'m " 7h~ s~bj~x~, p~pc, tyis
NOT ~ons ~ m. ~~
~'.~ ~a~ ~s of~ :loa f~ ~ ~1~
~ ~ ~ of. newH~ ' ,=.. .... ·"
. ~.;:/'~ .. ·
~o~ ~ (~ s~ . '['~ ~.'~ ~".:., :, ,~,~'-.,~.~ · ' .'
' ' ' , · j::'il.'~' · ' '
' . . ..:~:'.'.' "~' .... :.~....
' · . .. . . ~ '. '"'~;,~' · "., '~" . i . .
· . ci~ ~ ~ "' ~. ':,,-~'....., ~... · ,.,.. . ..,,.:. ... ~.'...
· ;;~!.' :' '"
~.~-~.,.-,.~.., . . ....
6.
U~
~d ~~en~ AppH~ ~1[~ ~:~~~~~ ~~~a~ io.~z .~n~~ '
· .~-. u-.,,-. ~' .~:, ~:, . ,...:.: ....... ·
. ~ .?i, ,'";~ :..
~l~elyc~~~'" .~-.:s,: . · .. ·
. ; ,. .,.,."~.~f .: ..
:.' ..'; :. ~,; ~.,; ii(. :.i'
.. : · . -.i- .r :':~.'- ~i~{' ~ .',""" .' ·
. '. ; · I~e '* ~: .. /- ~
.. ,. :.,,.,... · . ~/ / ~
10300 Torte Avenue
- Cupertino, CA 95014
CiT O
CUPERTINO c4o, m-ssss
Community Development Dep~ont
October 23, 2001
Crary Schmidt
P.O. Box 1967
Cupertino, CA 95015
SUBJECT: PLANNING COMMISSION ACTION LETTER - Application 09-U-01
This letter confirms the decision of the Pl~nnlng Commission, given at the meeting of
October 22, 2001, denying a use permit for a planned development zoned parcel for
automobile vehicle storage for temporary ear storage (10071 S. Blaney), acco~i~g to the
enclosed copy of Planning Commission Resolution No. 6115 (Denial)
Also, please note that an appeal of these decisions can be made within 14 calendar days
of the decision. If this occurs, you will be notified of a public hearing, which will be
scheduled before the City Council.
Sincerely,
Ciddy Wordell
City Planner \
Enclosure:
Resolution No. 6115 (Denial)
g:/planuing/post heating/action lett~fl)gu01
Planning Commission l~'--ttes 3 October 22, 2001
5. Application No.: 09-U-01
Applicant: Gary Schmidt
Location: 19961 So. Binney Avenue
Use permit for continued use cfa shopping center parking lot for car storage
· planning Commission decision .final unless appealed
~eqztest postponernent to October 22, 2001 _Planning Commission meeting
Chair Kwok indicated that a request for postponement had been received from Mr. Schmidt, and
the applicant was requesting that a site visit be conducted with staff.
Staff presentation: Mr. Steve Piasecki, Community Development Director, said that staff did not
feel ~ contiriuance of the application was warranted, and that he felt it would be highly unusual to
contifit~e a project of this scale for the purpose of a site visit. He said both staff and the applicant
could adequately explain the progress of the project without the need for a site visit.
Ms. Ciddy Wordell, City Planner, reviewed the background of the application as outlined in the
staff report. She noted that the intent of the various use permits over the last two-and-a- half years
were for interim use, not only for the dealer that wanted to store the cars, but also because the
applicant was pursuing other uses for the property. She noted that staff cited a General Plan
policy addressing the Stevens Creek area and the Heart of the City Specific Plan area as being a
unique Pedestrian oriented area; and it was considered through these various procedures as an
interim use. Staff feels them are problems with compatibility with the area, as there are residential
uses nearby and also the long-term use for something more appropriate for Heart of the City. She
said that it has not caused problems in terms of the area, and no complaints about the use had been
received. She pointed out that there are numerous properties throughout the city, particularly in
the Heart of the City where other people have been discouraged from applying for storage of
automobiles or any kinds of storage activities because of the more desired use for the area. Ms.
Wordell said that staff feels it is a public policy issue at stake for a more desirable use for the
property. Staff recommends denial of the extension of the use perm it for the property.
Mr. Gary Schmidt, 10071 So. Binney Avenue, distributed photos of the property and adjacent
areas. He illustrated the area of the existing use permit for a 28,000 square foot buildingissued in
1988, which runs with the land, noting that it was a two phase use permit; the first phase for a
major remodel on the building exterior, in addition to putting in all the Stevens Creek landscape
according to the Stevens Creek landscape plan, taking out fhe entire parking lot, regg'ading it,
putting in storm ~Irains, and undergrounding all the mechanical/electrical. He said hui~dreds of
thousands of dollars were spent to upgrade the Stevens Creek area, and it is one of the few parcels
on Stevens Creek that fully complies with the Stevens Creek landscape corridor plan and has been
in compliance for 12 years. In return, the city granted an unl'imited time period to build a building
in the rear and partially due to the fact that they were long-term leases on the Binney Center
running up to 10 years, which made it difficult to do it more timely. Mr. Schmidt pointed out what
he said he felt were numerous errors or nomenclatures in the staff report; such as the use of
parking not being compatible with adjacent residential and commercial uses. He illustrated the
property where he had full ownership and the areas where he had only partial ownership in the
past.
Planning Commission 1~: ',res 4 October 22, 2001
~fr. Schrnidt reported'~ai since th~']~st one-year extension, he has submitted four potentiai ~ia~s ....
for approval. He expressed his willingness to put in temporary vegetation, which would soften the
area irt the rear parking lot of Hamas~hi. Relative to the reference in the staff report to Stevens
Creek being a unique pedestrian experience, and it not being an appropriate use on Stevens Creek,
he pointed out that it fronts on Binney Avenue, not Stevens Creek. He said he felt he, along with
other partners, contributed as much or more than any other parcel along Stevens Creek to the
unique pedestrian experience. He referred to the Imperial Avenue parcel and said that it was not
comparable to the application property, as it was a non-improved dirt [ct' on the street, with no
landscaping; and again stressed that a visit to the sites would be illustrativeof that. lie said that
there have been no complaints; and it was within the discretionary power of the PJanning
Commission to grant the use pernl, it, and the claim by the city that to grant thc use permit would
somehow delay ultimate development of the property was no offer of proof; and as conjecture he
said to deny the moderate economic return on this parcel would be what would delay the
devel.opment of the property, since he was using all the money to submit plans and deal with staff.
He re~lhested that the application for an extension to the use permit be approved and a walking
tour of the site be.taken to discuss the comer. He said he felt it was important not to develop it
fast, but to develop it right.
Mr. Del Osland, attorney, representing Gary Schmidt, said that he felt the point made by the
Planning Department that denial of the permit would enhance or speed up the deve[opment of the
property into some sort of planned development or redevelopment was not correct. He said that
the present agreement with the Honda dealership is on a month-to-month basis, and could be
cancelled at any time, and they would be looking to see the highest and best use for the property
not just to generate the smallest amount of income; but the money would help in developing the
property rather than leaving it completely vacant. He pointed out that prior to the cars being stored
there, it was vacant for many years. He requested that the letter he wrote prior to last year's
meeting be made a part oftbe records, as it was not presently on file.
Chair Kwok opened the meeting for public input; there was no one present who wished to speak.
Com. Corr said that he was not concerned with the particular use being obtrusive or bothering
anybody, as it was well hidden. He expressed concern that the use was counter to the uses in the
Stevens Creek Plan, and noted that it was not just that it was on Stevens Creek, but it was in the
Stevens Creek Plan area. He recalled 'that it was the third time in two years that the applicant was
asking for an extension; and what started out as a request for temporary help has turned into an
expectation from the applicant to continue granting extensions of the use permit. Com. Corr said
that he was apprehensive about supporting the extension of the use permit.
Ms. Wordell provided a history of the use permit, noting that the Hamasushi development was
approved as a phased project; Hamasushi was phase I and an office building was phase 2, with no
time limit on when it could be built. Phase 2 has notbeen built, and is still vested since it was part
of the original use permit. She noted that if the applicant provided a valid building plan, the
Planning Commission would have to a~cept it. Ms. Wordell also pointed out that the applicant is
proposing a change in plans, and has been working with staff on a different set of plans.
Mr. Piasecki said that the city receives no sales taxes from the storage of the autos on the property,
and it was 'presumed the applicant was referring to the economic benefit to himself and also
indirectly allowing him then to pursue plans for development of the property, which ultimately
could result in an economic benefit to the city. He suggested that concern not be focused on
Planning Commission ~: "~tes s October 22, 2001
whether or not it enh'an~es develol~nt, but rather is it'an appropriate use, and is it equit~l~ 'i0"
other property owners since other applicants are discouraged from doing the same thing.
Chair Kwok said that the issue was where to draw the line, as there were two policy decisions: one
relative to equity and the other compatibility. He said he concurred with Com. Corr that a period
of two-and-a-half years for extensions of the use permit was ample time to secure the perm it, and
another extension with no assurance that it would be the last request, was not in the best iqterest of'
the city. Chair Kwok said he felt staff provided an excellent detailed presentation about the site,
and he did not feel a site visit was necessary; and would not support continuation of the
application for the purposes cfa site visit.
Com. Auerbach said he learned a'b~ut the use of thc site as a result of the application, and noted
that since it is so well hidden, there have not been consumer complaints about the use. He said
initi~illy he felt that the project did not fit inwith the Heart of the City plans, as outlined in the
curreht!Geneml Plan and most likely not the future General Plan amendment. He said he felt it
was an inert thing, and could be canceled at any time. He said he was more concerned with what
was more appropriate for the site if they did not want the oar storage there. He pointed out that it
was a suburban style development, each building an island with ingress and egress of the street,
and not pedestrian friendly. Com. Auerbach said that tho Pinn Brothers development across the
street was more in character to their liking; but the question of parking would always be an issue.
Com. Auerbach said that in layouts such as Mountain View, Pale Alto and others, cars are parked
in lots back behind the buildings. Ho said it was ironic that a future use could be a parking lot,
which makes it difficult to argue new cars/used cars as there may eventually be cars back there.
He said it was conjecture on his part as to where the General Plan goes; hence he was conflicted
over a r~latively innocuous uso of the site. He said he felt there would not be any development in
a year; but was conflicted as he felt it did not meet the General Plan requirements, but he did not
see it doing any damage at this point.
Mr. Piasecki clarified that if the extension was denied, the applicant could appeal the decision to
the City Council, and if the City Council upheld tho decision, the applicant would not be allowed
to store cars on the property. He reiterated that the applicantwas asking for a one year extension
of the use permit.
Chair Kwok summarized the pros and cons of an extension, stating that an extension would
provide more time; since the site is a suburban setting, more time is needed to look at the site to
review and come to a conclusion what the best land use is for that particular site. Iq light of the
development across the street, he said it should be as compatible as possible in a seng that the
applicant does not rash into a plan that would later have to be changed. As to where to:draw the
line on extensions, he said it might give a three-month extension to work with staff and come up
with a better plan, but it would be the final extension.
Mr. Piasecki said that the applicant has provided drawings and has been talking with staff, but said
three months would not provide enough time to come up with an agreeable plan. He said if an
extension was granted, the period of time in question should be one year; either grant the
extension or deny the extension.
Com. Auerbach said that the drawings shown did not depict what he felt belonged on the property.
He added that he was not pleased with the approved current use, and he felt things had changed
over time.
Planning Commission M' 'res 6 October 22, 2001
Mr. Plasecki said that the approved plan could proceed as is; however, if the applicant intended to
change the plans, they would have to be presented to the Planning Commission. He said that the
applicant was considering both options, to build the approved plan, or build some other plan, but
evaluating what is a good use for the property.
Chair Kwok reviewed the options: support staff recommendation to deny the permit extension
(applicant could appeal to City Council); grant an extension for one year so that the applicant
could come up with a better plan; or grant an extension of 3 to 6 months so that they could
continue to work on an approved plan and give them more time to come up with a plan consistent
with the neighborhood. Com. Corr said that another alternative may be to approve the extension
for the one year period, but stipulate that it is the last one. Com. Patnoe said that the applicant
had suggested as part of the approval that he would be willing to add greenery on a portion of the
fenc~ that is exposed, located directly behind the restaurant; which might be considered if the
appli~a~tion is extended.
Mr. Piasecki suggested that the Planning Commission ask the applicant that if given one more
year, would he agree not to pursue further continuation at the end of the year extension: which is a
right he retains; but if he states that it is his intention not to pursue the extension further, it would
be a matter of record in the event the issue came back in another year. Mr. Piasecki said that staff'
was concerned with setting a precedent, and emphasized that all people have to be treated fairly
and equitably; and cautioned about making the distinction of what is visible and not visible and
allowing storage of cars, in the event another applicant wanted to store boats.
MOTION: Com. Auerbach moved to approve Application 09-U-01 for a one year extension
of the existing use permit as shopping center parking lot for car storage
SECOND: Com. Corr
Com. Con' asked the applicant if he would be willing to state this would be the last extension
requested.
Mr. Schmidt said that he would make every effort to move forward with the parcel. He questioned
if the Planning Commissioners were willing to meet at the property the next day to discuss the
matter in detail. He reiterated what he felt were his constraints on developing the property as he
did not own all the parcels. He said there were other considerations involved relative' to the
possibility of changing office to residential on the second floor of one of the buildings and perhaps
adding a third floor of residential.
Com. Auerbach said that the comer speaks for itself, and he felt there would be 'no benefit from
taking a tour of the site. He said it was unlikely that the same group of commissioners a year from
now would grant a further extension to the use permit; but the present Planning Commission was
seeking feedback on whether the applicant would be amenable to the idea and would work to find
an alternate use for the property.
Mr. Schmidt said that he would continue to wOrk diligently with the hope that the city, including
the Planning Commission and City Council would continue to do so.
Planning Commission IV" utes ? October 22, 2001
Chair Kwok said th~tt"it was imPOrtant to note in tho-use permit that they recognize "~il'
roadblocks, concerns and constraints in the project; and that the applicant is aware that it would be
the final extension.
Com. Con' said that the use was not related to the development of the property, and he said he felt
if the extension was not approved, the property would still be developed in the same timeline had
it been approved. He said it was a question of whether they should allow the storage of cars for
another year.
Com. Patnoe said that Com. Auerbach could choose to amend the motion to include the portion
with regard to some greenery on it, but he would not support the application. He said he did not
like the use of parking, whether for 10 or 40 cars on the empty lot; and he felt the city has the
opportunity to take a stance and not allow the continuance on and on. He said he would rather
le, Rv~. the area vacant and possibly work to encourage some other use for the property. He
reiterated that he would vote to deny tho application, as he felt the applicant has had plenty el~
opportunity.
Com. Chen said she concurred with Com. Patnoe; and she did not fee[ the extension of the use
permit would help the project to move on, and it would set a precedent for future applicants,
putting the city in the difficult position to say no to future applicants for a different use of the lot.
She said she would not support the motion to grant a one-year extension.
Chair Kwok said that he would not support the project as indicated earlier; and stated that two-
and-a-half years was ample time, and by denying the l'equest, it might move the applicant to
expedit6 the project faster.
Com. Auerbach withdrew his motion; Com. Corr concurred.
MOTION: Com. Patnoe moved to deny Application 09-U-01
SECOND: Com. Chen
VOTE: Passed 5-0-0
Chair Kwok noted that the applicant had 14 days to appeal the decision to City Council.
OLD BUSINIgSS: None
NKW BUSINESS: None
RRPORT OF ~ ?LAlVNING COMlVlISSION:
Environmental Review Committee: Chair Kwok'noted that the last meeting as welf as
the meeting scheduled for this week were canceled.
lq'ousing Committee: Com. Patnoe reported that he had no formal report; but noted that
the committee would be busy in the next months 'relative to the City Council approval of the
housing element, particularly the BMR program.
Mayor's Breakfast:. Com. Auerbach reported on the use of the public library, noting that
the Cupertino library ranked third or fourth in circulation .in the state, behind Los Angeles and San
COMPILATION OF
PRELIMINARY
SCHEMATIC
DESIGNS
:z:~ S'm'VEN~ C;~-~K ~:~-'V~ "· VICINITY MAP
102 UN~4SP,.GTI~ AVE ~ ~
p~ ~TO. ~ ~
-
218g.ge
COMRLATION OF PRELIMi~ E:,CHE. P1ATIC IDE.~I~NS
I:DATEO AUE;U~T 1.~_~7- AU~U.~T:2OO1
~UBMFTTED TO O'W'NER
OCTOiSER 1.5,2001
-, / ~' ~ -. STEVENS CREEK BLVD.
_~ .. , _~ ..~ ....~__, _,___ ~~:+.
~ Schematic
~ ~~ I j Concept
:
' ' : ' I
·
..... ' ~t~
~4: ~5~;~.~.~.5 ~ : ''/' ....~..2~. ~ : ~.~ ~,.~, .:.~..?... ,.~.~., ,,~. . ~ ~.~.....,
,...,. ..... ~ ..............
...~ ~,f,~.~%.' /:,'~..~
.... v ,~;~m.: }~, ',.~q ~'r .~ .... 0 ~'~
~. 't:E~ ~'~45:'.. :'~E~ :.~ '.'.>~;'77-.:':'::::7 =.-:, e,':.,;.,~.7. .... :.c~.'.",,x~.~,:~, ~?~'
J~
~ ~TED
~..~.~~ ~.~.~ .... .~.~.~ ~.~~~.¢.~._
· PLAZA de CUPERTINL
TII JSO.I~IS 0374
20020 Stevens Creek Boulevard ~~
PROJECT ANALYSIS PROJECT: PLAZA de CUPERTINO
=.~.~_~ .~.~L Schematic
=~'"~"~ '~'~'' OWNER' CALl-LAND ASSOCIATES Concept...,.,. '
=,~=,~.~ ~,~.- Schmi~, Schmidt, La~ey, Mendenhall, et al ~ , ~ ,
20020 Stevens Creek Bouleva~
~ ,~ Cupe~ino, CA 95104
~ 14~&
~',,~ ~ PROJECT ARCHITECT' Joseph Bellomo, ArohRe~
~.~ ~ 102 Univem~ Avenue, Suite B
~ ~ Pale Alto, CA 94301
~ 4~ ~ ~NDSCAPE ARCHITECT: Jones / Peterson Associates, Inc.
~ ~ ~ 465 Faimhild Drive
~ ~,~ MountainView, CA 94043
PARKING OCCUPANCY ~TIO
O~
__,-- ,,,__., ,.,-- .__ ,VICINI~ MAP, . IND~
4M 1M 'm ' A1.1 FIR~ ~R P~N WI 8~ P~N
A1.2 EE~ND F~R P~ WI S~ P~
~ ~ ~.0 FLOOR P~8
~~m ~.0 FRO~ E~ATION
P cio &ILO. CA ~4 301
~ ~ ~ ~ ~h~ic
~ ~ ~ o ~ Concept
I
· . ~ ~.1~
I
I I I
, ................. , ................. t ................ J ................. J , .................
'll''th'Aitf' CA94 301
..~ ..~~_~~ .... ~,~_ ~ ~ r ...... ". ,,,0,.,
~Y .~ ~ ] ~ .......
e / -'"""'
~A~
.'- o' o ~ I
g . - ' I I · ~ ~ , ~ ~ Concept
~ _ I : I~ L
~) - I i~ _ , J
_ ! ~ ~'
"l. ~ .".%., .... : -:~3 ' i-~{~,~ '.**~m:~ :;~.. :. · ~?~-.,.~:..~.:;.,',: .... .**';1.e~-: -~X;~X' e ..'~4'
~ ........ ,,.. .... . ....... .~..~,~.,,.~.~..~,...~.,~..~ .... , .
~----~ .~ --- , ,- .. ..~ E...~~~ .... ~;~F.. -,~~ .. r
,:~ ~ '~ ~ · ~
~ _l.,.:,..., [l...~~t.~...., ~ : ....
__ ._ ....
J ~,ll:~ ..... ? ~m O~
,-. ~,~,
~'- '~-'-~-~. . '~ ~ ~,--~-:.::-,~. ~ ............ ='] / ;~ ............. , -, ~"' "~'~ I "':'
~;~~'~'~ ~ ~ :'.] I::' ~' - i---~ ......... ~.~ ....... : .....
_.__.._.__.__.
.... .... ,~¢~ :4.. , ~.t.],. ., . .Z .% , ~ , ..~. dT: I '-
1'-~
~ ~~k~~ ................. ~ ~ ................................. I ................. ~ 21~
~ I I I
I
I I I I
................. ~ , ................. ~ ................ J , ................ ~ ..................
I~/I C HCCK ~VlSlC)~4S
I I
I I
I : Schematic
I ~tl~.'~~~llllllll~l~,,,,,,,,.. ,,,,,,,,,,.~l~ll~W~lllliJlllllliH~lll~ I Concept
I ~ · ,.'_ ...-...~: .... t..-: ..... - ........ ::;.-.~:!i'"~t ..'._.-- ,;.!.-.;~ .... :,..-':......~
I '--'--~-' [":'"":""~'" -'" :' r':':""? L" '!':':'"': "-"':'='"' ';T I '" ' ' I
I ~ I
_, ,-,.. ;.)~:~
I '~-.' m "'--~' I
............................................... ~ ~ ~.) ~,.
I - · ....................................... ; t I
,
I ' !
I i c c ~ I
j LUINIDE~RGROUIND P^FIKIN~ : ..................................... : ................................................................................
~.~' · ...... ," · : ........ , I .... t '~:~
I
, ~:~.! i . · ~ .............. :..-.;--:.;..-: .............. :..;---.~i~ I
I ~ ....
-- ~ ~ .................................... ~ ...................................... ~ ~ ....................................... ~ · ~.
~o
I ' ' I
I I
~ ................................... I
DERGflOU~ PAR~ ~ ~
STEVENS CREEK BLVD.
· . .- ..- . -..:~-;.... ' . ~ ' -.:~ .: .:-."~
8SQ 3:J& 03'/4
:'~ I ~ ~ -~ c~ ~hemetic
~ --0' = , : -- ~ Concept
· I
' . .. ! ~~=~
'
- ~ ~ll ' '
I ~- ~; .. i. ;:. ',':. ,-'.:-:: :~ ':' .,:.' :.'.: : :.:',:~:
I ~ . ~ ....................................... ~.~
O~e~
I I I I
' I I ,
I I I I
................. ~ , ................ J { ................ J ................. J ..................
,.. . STEVENS CREEK BLVD.
· o....- . '--~--~; ,.~ '~' . ..:.-,...~:.~ ~..-.~
SITE DEVm nPMInlT DATA ~?lr
Zed~ H~MMI~JCI~.IpmJ~PImU~I~IyMCUl. dlm P eloAIto. CA 94 301
T el 6S0 3~6.03~4
~ . ~ I ~ --~ , Z Schema~c
PA~
~.~ ~ m Concept
b
IIl l .... .
,!& ,, = __.xTr'.;;.:': ~i , , ,
, = 'ii ;-';" """ ":': ";}'J' - :.,,.
I
DG.
.
.. 21~
................. I~ ................ I r ................ ~ ................. ~ .................
I I I
I I II
, , ~ ................ ~-: !
8~E P~
IIII IIIII ~11111~1 IIIII I ~ ~
Qiq~i ~ I el Iso 316
i ~1 I .
SE~ND K~fl ~1~ SIMI~R) ~ ~ ~,~ ~
Schematic
~,~ Conce pt
FIR~ ~R m~~ ~~ ~~, ~
'-
" ~ s'~
~D
r ' '
I *~ ~ j I 1' -
I I '~ ~
~ ~a' j I
i II ~ ......... ~ ~
,Ii -
GR~ND ~OOR (LOWER L~ PARKING 81MI~R) a p~ ~ ~ -
FflONT ELEVATION
['... ......... · ...... : ....... ' OFFICE/HOUSJLxI_G
'' I~J 6SO 326 0484
I .... I '". ~ i SCHEMATIC
:z~o
,.
C,.ONCE~ ,AP, EA .~I'UDIF__.~
· ':;.' ':i ~ ................. "":'-[-:-' ' !"T: ~F ......... OFFICE/HOUSING
· ' I' "r-T ............ ~"-' .... ' "' '" .... :
:
~ ~ ..... :' ....':'ii' ' .... ......
· ' I ' ~..' ,~--T"
::~., .:'-.;
b [ ~ ...~.,"'"' ','~"":"" ':':':~;. P~ls',l. lS,. A ~4 ,
· : .."':L~r I :'"'~ ~ ,,, h,.u ,, ,,4,,.,
~. ...: : :...:/.,:f ?-- ~: ---'~ ......
?' ccP'n~l
· . .- .....':...~...., ......I' ..... ~'% ..................... ~ .............
...... " ..... ' ....' ......................
"'~'5'" '
i~ I "
' .... I' PL~H Cffi(:l[ IItV~QHS
:. , .
! ~' ........
· ' I ·
I
. ~..~.-,.'~..~---.--.-k.,~-.~,"r 'to r-~ ~ , " : : " i ~' -., m,~"~ PREUMINARY
I! ......... ' ! SCHEMATIC
]. - - ,. I'. " "' " ! --"-'J F:,: DESIGN .,,,.-,.:,~
I ~ '.1 i m mm ~mm m m m J i'm m m m~d rmmmmrm~
I
I ~""'** I II i
, ] C) G ' ,i
~,~ ¢~ ~ _~_ ~.~,._-_-~ ~,-,,~_~
, , t -' "~~/i~'
15 .. . .... x. I -- n ' q-! /.c / ~~.~
,' ..... '- ......... ..~ ............ -"~ , . , · ~ · ' ', r ~~ .~v-- ~ ~ .- ,-~ ~-
. ~ . ~ ................ ~{ ................................ ~.._.X.~ ..................... , I
~. · , [ '~' [ [ ' ~ ' ~ ·
~1.
' ~ ..~ ..r~ .._..~-- m~ 0-- o--~--~~- ~-~
· ; r.~ · · ' · · F' ' ' F: K:. '~ .~~
~-~1
, · C;LJPE:P-.TINIO PLAZA,
OFF:ICF-/HOU~IN~ "":"'
...-.%;;'.:-~:.-..L-. ~ ,, .... ~. ,,', .
~' "'~: I ......... ": '"
."
, ~~j.~~..] e, .~m Pu.~ .,. ~^'r^ r,c~.m-~., PREUMINARY
' ' m ..oc.¢,..,~ a=.e~ SCHEMATIC
..,.~,~ ~"~_ c -- m.,~N · D,,,'r,., .~;~w'e C DESIGN
i'.:'., ,".'i.'t
l~ I::!:I - '"
- 06.23.01
NO
2189.99
OFFICE/HOUSING
....
~D~O~~D ~ ~D~
PRELIMINARY 'SCHEMATIC DESIGN: A , '~-""~
~zd
I
~_~,~-~,¢~... _~ OFFICE/HOUSING ~---'-'-==.~&=_ _-=-_ .--_=:=.-:,_
.. ~.-. ;... ,,-~,..~.,~ : -..,:,~..~,
i'B Irne,,,,,,,,~ ~ ~',=~-~, ,,~,,- ~,~.~- :~ '~'"'=' '""~"'. --.-- ~"
· No~'~'n~c~,.,,mmacx.~ '~m~m~o(:xa4.cx=T s~:).sc~.~r. P 81oAIEo. CA 94301
~,,,~TE.f.,,J.j~t~OiN~H,d,O~ (S~,I~r,~E 'I67B~.FT, ~,~.~..,,,~. J~ T el 650. 326 037 4
I:~'fl~ 'I3~B(:ZF'r. ~,m,k.,,.,...,,. m.~ FAx 650.326 0464
~ ~: ~ DRNMN~S AND WRflTEN
~m~ ~r. ~.~.~'C IVI~T 0tf&L .a.,q~,~qlNG H Bi~N
PRELIMINARY SCHEMATIC DESIGN: B
k~Y NOT ~E DUFU~.~ED.
,,,,,
~ ~zo
~.~,
I I I IFI~ P~ll, '1 I I1~ f~' ~ I i. I I-I ~(~ ~l[ Il I"1~ ~lll
.,
PREUMINARY
SCHEMATIC DESIG
CUPERTINO
A~nue
Cupe~no.
CAUFO~IA
~, FW
~D
~"""~"'"" ' ----" OFFICE/HOUSING ' -'
'1" ................... -:- ~:"~'..",~ ,'"'--
~=,= _~'FZJ II "-" ' ' ..... ': :'
. _........., ~//~ == . -,,~,_~-"-~ ...... ,.,-.,,, .
'--------- __ ,-,-_-:--
· ,~ ~liliiilli J.~ ~ ~' _~ ....
--~"--~'I'"~lsl.,¢~ ~/0~1~1'. s~.,,~,,,. 'v- - i P alo ^11o, t"." I,~ ~.14 311 I
,,.. I-' '""""~" "
is~l~, f.~u~.ni~sew, in~,~ mi I'dl I'~./~W~ll'.'.~d41 ) ~,"~1 II I,I
I~,~ ~..I.Ji'l:~lllilll I d~'lf,,lll~l I'dll
A,I(CHfH ~ I.
· . ~,Ahy I,IL)I I~ liS'il. AIII~,
PRELIMINARY SCHEMATIC DESIGN' C
/ I'I. AN ( Fl[ CF, REYF. JON$
I
"
i I ~' :
' ~- _.,...,_ .... '~ L L , '
, ,,, .Oz~gO
-? "i .],, -__.__==-= i,, .
__ _,...._
..... ~ _--~ ~ , ~ =--
,~' , , '-~ t ~\ z~'"',~, 0 · 0 t ~.~ ~'~,~-~Z~-,,0 -~- ~ 0 t .~ --"--'~
,,I,, In_ '~ '~'' , II, ,I, .............. ~ ~-~'--~' ..... ,I ,,, ,! ' ~I/~ ..... :""- ~'"i1,'1 '~'"' , .............. III, "' , ' , ,' , '"'" ', ........ ,i, ' ....... II, ?- '~ ?i¢ .~ ''~ '-" iT, II ................ ~ , I,,' "'"~', ................. Ill Il I '~1¢ r'~ ~' "" ~:'~" '- i '''"' itl ..... r .........., 1,1', "" ~ o,,.=,,, -'-' .,c,,,,,
,. SC.~E
2189. 98
.'. .~ P BIO .
i
~ -- .... i , , ~~~-~ j .... ~ -~ ·
? .......... ,.., ....... '
~1111111 ~ I i ~~
~ ~ ~ PRELIMINARY
-.-.
.... --'~Z--- - '- ........ ~
- ~ ~ Stevens
~~ ~ Avenue
~~~ ~ ' ~u~no.
~UFORNIA
STEVENS CREEK BLVD.
PR~ECT DATA
T~ SM A~ 6~ ~.~ ' ~ [-
~ T~ 1~71 ~.fl.
P~ fi~ ~ m.~ _ j =~~~ __
P~ TOTAL ~7 s~[
R~Me~ U~ (~ Un~ ~r ~e) ~ ~. ~
~Ha~ 29~fl. ~ " ''~' ~ i '" ~ t ~~N
~ ' t ; ~
~'~ ....... : .... Z ....... ~T"' t ..........................................
¢ ...... i'-m ....
Requi~ Res~e~ 1 ~ ~ ~o = ~ ~'
I 1;~~ ~d~=~ ' ' / "
-- I I I I
T~AL BuiMi~ ~.[ 5~.7 ~.R ~ ~ '' ~
T~ ~e ~.ff. ~ ~'~ ~ ~ I , r ................ ~ ~ r ............... ' ~ ~ ................. l ~ ~ .................
' J i } ~ ma~ ~ J
F~R. ~.8% ~
~ ................. J ,' ..... ............ , ~ ................ J ,_ .............. ._', , ................
- Temporary Use Permit - Planning Commission Meeting
09-U-01
Appeal information
Appeal of the decision of the Planning Commission dated October 23, 2001
City Clerk's letter to Gary Schrnidt to infoiiii him of the scheduled appeal before
City Council dated November 8, 2001
Letter f'tom Dell Ausland requested a postponement dated November 21, 2001
City Clerk's letter to Mr. Schmidt to confirm postponement to January 7, 2002
Minutes from the December 3, 2001 City Council meeting
'103~ To~* Avenue ~ NOV 0 1 2001
(4~) ~-3223
4. Dccision offer of ~uffi~ D~l~t ? 7~ ~ ~ ~ ~ ~ O Z
~i~on ofPl~ Co~uion
~. Date ofd~afim of ~tor ~ m~ ofnofi~ of Oty decision:
6. of :
Ple~e complete ~, include ~ ~ orS_ 1,~, ~d ~ to ~e attention of the
City Hall
· . -4. ,. 10300 Torte Averm~ ,.....
Cupertino, CA 95014-3255
Telephone: (408) ??7-3223
CITY 03 FAX: (408) 777-3366
CUPI:t(TINO
OFFIC£ O~ THr C~TY
November 8, 2001
Diversified Property Group "
Mr. Gary Schmidt
P.O. Box 1967
Cupe~ino, CA 95015
RE: APPEAL OF PLANNING COMMISSION DECISION REGARDING
APPLICATION NUMBER 09-4-01
Dear Mr. Schmidt:
Your appeal of the Planning Commission decision to deny Application 09-4-01 has been
scheduled for December 3, 2001. A copy of the appeal letter is enclosed.
The appeal hearing will be heard at the December 3, 2001, regular City Council meeting.
Council meets at 6:45 p.m., City Hall Council Chamber, 10300 Torre Avenue, Cupertino,
California. Interested parties are invited to attend and be heard.
Council will receive written information from staff and a copy of your appeal letter.
Should you have any other printed material you would like Council members to receive
prior to the meeting please submit it to this office no later than Tuesday, November 27.
We will duplicate and deliver it to Council members.
If you wish to challenge the City Council's action 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 City Hall at, or
prior to, the public hearing.
If you have any questions regarding the process, please feel free to call.
Sincerely,
Grace Johnson
Deputy City Clerk
cc: Dept. of Community Development
Mr. Dell R. Ausland
· · LAw Omc~ ov Dsm R. Aus~ ........ '"
Su~a]¢, CA Tel, (~ 73~611
~ (~ ~6~1 ,
November 2I, 2001 ' '
Stcve. P./f~secki
Direcio't(of Community Development Department
City of Cupertino
I0300 Tone Avenue
Cupertino, CA 95014
Re: Appeal of Planuing Commission decision regarding Appl/emfion Number 09-4-01
Dear Mr.. Piasccki:
This is to confirm that Mr. Gary Schmidt has a conflict for the January 3, 2001
City Coundl meeting and would like to continue the above referenced matter until any
time in January.
Thank you in advance for your anticipated courtesy and cooperation in this matter.
Sincerely,
Dell R. Ausland
DRA:me
10300 Torre ~Ivenue
Cupertino, California 9.5014
CITY OF
Telephone: (408) 777-$$08
CUPEPxTINO
CObtMUlqlTY DEFELOPME~
November.28, 2001
Mr. C-ary Schmidt
Diversifi, ed Property Group
P.O. Box 1967
Cupertino, California 95015
Dear Mr. Schmidt
As per your request, the appeal of the Planning Commission decision to deny Application 09-U-
01 has been postponed to January 7, 2002 at the regular City Council meeting at 6:45 p.m., City
Hall Council Chamber, 10300 Torre Avenue, Cupertino, California.
-- If you have any questions please feel free to call me at (408) 777-3236.
Yours truly,
City Planner
Cc: City Clerk's Office
Mr. Dell IL Ausland
G:planning/misatgaryschmidtletter
December 3, 2001 Cupertino City Council Page 3
AYES: Lowenthal, Chang, James, Kwok, Sandoval
NOES: None
ABSENT: None
ABSTAIN: None
ITEMS REMOVED FROM THE CONSENT CALENDAR (above)
2. Approval of minutes, November 19.
James clarified that page number 2-9, item No. 30 should be corrected to read, "She said
that she would not object to Council member Chang choosing 2 more commissioners if
that was the recommendation of the Teen Commission, but she still felt that it wasn't the
right message to give to young people." James moved to approve the minutes of
November 19 as amended. Chang seconded and the motion carded 3-0 with Kwok and
Sandoval abstaining.
6. Revenue and expenditure status report.
Lowenthal said that there needed to be a mandatory check on the City's budget status. So
he pulled this item from the consent calendar in order to hear the report from finance..
Administrative Services Director Carol Atwood reviewed the highlights of the report.
James moved to accept the report. Chang seconded and the motion carried 5-0.
PUBLIC HEARINGS
12. Appeal of Planning Commission denial of Application 09-U-01, regarding a use pennit
for the continued use of a shopping center parking lot for car storage at 10071 S. Blaney
Avenue (APN 369-03-014). The appeal was filed by the applicant, Gary Schmidt.
(Applicant requests continuance to January 7, 2002).
At the beginning of the meeting, Council moved to continue this item to Jan. 7, 2002, and ,
noted that the appeal would not be continued past that date.
13. Approve Use Permit to construct 8 single family townhomes on an approximately one
acre parcel and rezoning of an approximately one-acre parcel from RI-10 to P(Res);
Tentative map to subdivide an approximately one-acre parcel into 8 townhome lots and 1
common lot; Application Numbers: 08-U-01, 06-Z-01, 03-TM-01, 14-EA-01; R&Z
Development. The project is located at 20075 De Palina Lane; APN 369-32-003. A
Negative Declaration was previously granted on November 19, 2001.
A. Second reading of Ordinance No. 1889: "An Ordinance of the City Council of the
City of Cupertino Rezoning a 1.04-Acre Lot from RI-10 to P(Res) to Allow 8
Single-Family Townhouses Located at 20075 De Palina Lane."
_. Temporary Use Permit - City Council Meeting
09-U-01
Heard January 7, 2002
Staff report
Resolution No. #6115 Denial
Color exhibits, provided by applicant (requested to be part of the packet)
Minutes from the January 7, 2002 City Council meeting
Action Letter to Gary Schrnidt dated January 9, 2002
Petition for reconsideration of denial from Mr. Dell Ausland, dated January 16,
2002.
....... 10300 Torre Avenue .... ..:
Cupertino, CA 95014
CU PE iNO (408) '777-3333
Community Development Department
SUMMARY
AGENDA NO. AGENDA DATE January 7, 2002
SUMMARY:
Appe .al of Planning Commission denial of Application 09-U-01, regarding a use permit
for ~,~. continued use of a shopping center parking lot for car storage at 10071 S. BIaney
Avenue (APN 36%03-014). The appeal was filed by the applicant, Gary Schmidt. '
RECOMMENDATION:
The City Council may take any of the following actions:
l) Uphold the appeal and approve use permit 09-U-01 (see enclosed Model
Resolution for approval).
2) Uphold the appeal and approve use permit 09-U-01 with modifications as desired
by the City Council.
3)Deny the appeal and uphold the Planning Commission decision to deny 09-U-01.
BACKGROUND:
· On October 22, 2001, the Planning Commission denied the above request tbr a
use permit (see attached staff reports and minutes).
· On November 1, 2001, the applicant appealed the Planning Commission decision
to the City Council (see attached appeal).
· On December 3,. 2001, the City Council granted a one-time continuance of the
appeal to this meeting of January 7, 2002.
DISCUSSION:
A six-month use permit for car storage was originally approved by the Director of
Community Development in February 1999. Subsequently, the Planning Commission
approved a use permit in August 1999 and a one-year extension in September 2000, to
allow the car storage use to continue. The use permit extensions continued to identify .car
storage as a temporary use.
The property is bordered to the east (across Blaney Avenue) by the homes on Brenda
Court and the Shell gas station. It is bordered to the south by the Biltmore apartments
and to the west by Chili's restaurant. The car storage area is located to the rear and side
of the "Blaney Center" retail building.
PrlntedonRecydedPaper
Appeal of Planning Commission denial of Application 09-U-01 '
January 7, 2002
Page 2 ................ ..,.
- ISSUES:
Pla~n~n~ Commission:
The Planning Commission's denial of the use permit was generally based on the
incompatibility of the proposed use with the City's long-term, land use plans for Stevens
Creek Boulevard. The Commission was interested in encouraging another use for the
property. The discussion also included comments that the use was innocuous (not highly
visible), and that an extension might be considered to allow the applicant to develop more
permanent plans. However, the Planning Commission ultimately voted 5-0 to deny the
use per~Jt
Applicant:
The ...applicant and his representative included the following points in support of the
appliS~tion: the car storage use is not necessarily permanent; efforts are being made to
develop permanent development plans for the property; the car storage is at the rear of
the property and not along Stevens Creek Boulevard and consequently is not highly
visible; and there have not been any complaints.
Public:
There were no public comments at the Planning Commission meeting, only a written
comment supporting the Planning Commission decision to deny the use permit that was
included on the enclosed public heating appeal notice.
Staff:
Staff believes that the City's long=term interest in the site is defined by the General Plan
and the Heart of the City Specific Plan that describe Stevens Creek Boulevard as a unique
pedestrian-oriented activity area. Continuation of temporary storage uses on the subject
property may discourage its redevelopment and may undermine the viable uses of
surrounding properties. Similar requests for temporary outdoor storage uses have been
discouraged by staff because such plans are inconsistent with the orderly use and
development of properties consistent with the Heart of the City Plan. Staff believes it is
not fair to other commercial property owners to deny or discourage their requests while
continuing to permit temporary storage on this property.
Enclosures:
Planning Commission Resolution 6115
Planning Commission staff reports October 22, 2001 (includes model resolution for
approval if needed by the City Council)
Planning Commission minutes of October 22, 2001
Appeal dated November 1,2001
Letter from applicant (Fax dated October 22, 2001)
Letter from applicant's attomey, Dell R. Ausland dated October 13, 2000 (requested to be
part of the record)
Comment from nearby property owner, Arbor Professional Center
Color photographs of property, provided by applicant (requested to be part of the packet)
Site Plan
Appeal of Planning Commission denial of Application 09-U-01
January 7, 2002
Page 3
Submit,? by: Approved by:
David W. Knapp
Directoi of Community Develop.rnent City Manager
(i:planning/pdcpor~/cc/09u01
I .
, t ~ II
January 7, 2002 Cupertino City Council Page 2
· -- 4. Extend the participation of the City of Cupertino in the Santa Clam County Abandoned
Vehicle Abatement Service Authority (AVASA), Resolution No. 02-006.
5. Acceptance of improvements (may include grading, street improvements on site and off-
site improvements): TMnh H. and Ruby T. Nguyen, 10325 Orange Avenue, APN 357-
15-060.
ITEMS REMOVED FROM THY. CONSENT CALENDAR (above)
The following items were pulled from the Consent Calendar for brief discussion, then voted upon
individually:
,'~
I .
6. Reallocation of Senior Civil Engineer to Assistant Public Works Director
(a) Approval of Assistant Public Works Director position
(b) Resolution No. 02-007: Amending Resolution No. 00-185, Policy No. 4 to add auto
allowance to new classification of Assistant Public Works Director
Jmes/Chang moved to approve the. change and adopt Resolution 02-007.
Vote: Ayes: Chang, :James, Kwok, Lowenthal, Sandoval. Noes: None.
7. Award of a contract to Republic Electric in the amount of $89,350 and an approximate
_ contingency amount not to exceed $10,000 for signal modifications at Blancy and
Stevens Creek.
Kwok/Chang moved to award the contract in the amount recommended by staff.
Vote: Ayes: Chang, James, Kwok, Lowenthal, Sandoval. Noes: None.
8. Accept gift from Apple Computer and authorize the Mayor to send a thank you letter.
Sames/Sandoval moved to accept the gift and authorize the letter.
Vote: Ayes: Chang, Jambs, Kwok, Lowenthal, Sandoval. Noes: None.
PUBLIC HEARINGS
9. Appeal of Planning Commission denial of Application 09-U-01, regarding a use permit
requesting the continued use of a shopping center parking lot for car storage at 10071 S.
Blaney Avenue (APN 369-03-014). The applicant Gary Schmidt filed the appeal.
(Continued from December 3).
Council member Kwok abstained from participation because he was a member of the
Planning Commission when this request was considered.
January 7, 2002 Cupertino City Council Page 3
Applicant Gary Schmidt, 9000 Montrose Highway, Reno, Nevada, provided a handout
that included the following:
· Application forms from 1999 and 1997 requesting an extension of the use
· Planning Commission Res. 6064 from Nov. 27, 2000, approving a one-year extension
for automobile storage;
· An excerpt of the Planning Commission minutes of Nov. 27, 2000;
· Planning Commlss~on Res. 5064 from Aug. 9, 1999, approving a temporary use for
automobile storage
· An excerpt of the m~uutes of the Planning Commission of Aug. 9, 1999
· , An elevation tiffed Plaza de Cupertino, showing a building at Stevens Creek and
! ~' South Blaney Avenue.
James/Chang moved to deny the appeal and uphold the decision of the Planning
Commission not to extend the use permit for car storage.
Vote: Ayes: Chang, :James, Lowenthal, Sandoval. Noes: None. Abstained: Kwok.
10. Public nuisance abatement: Public hearing to consider abating a public nuisance (vacant
lot containing an accumulation of trash and debris) at 10200 Stem Avenue (APN 375 12
002, Patrick W. McGrath property owner), Resolution 02-008.
Renee Phillip, 10190 Stem Avenue, said she lived next door to the property in question.
She reported continuing problems with refuse, weeds, sanitation, and loitering. She
provided a letter dated August 31, 2000 from Earl's Pest Control stating that an
infestation of 8pringtails had spread from the undeveloped property next door.
Sandoval/Chang moved to (1) Adopt Res. 02-008 ordering the abatement of a public
nuisance at 10200 Stem Avenue, and requiring the property owner to continue to
maintain the property in such a way as to avoid a recurring public nuisance; and (2)
Adopt a minute order that if this matter should return to the City Council because the City
incurs costs for abatement, the City Clerk shall place a closed session on the agenda so
that Council may consider a permanent injunction.
Vote: Ayes: Chang, James, Kwok, Lowenthal, Sandovai. Noes: None.
11. Request for a Municipal Code amendment to define what constitutes a second living unit,
application No. 01-MCA-01. This project was initiated by the City of Cupertino and is
citywide. The project is categorically exempt and is recommended for approval.
First reading of Ordinance No. 1891: "An Ordinance oft he City Council of the City of
Cupertino Amending Chapter 19.08, Definitions and Chapter 19.80 Accessory
Structures/Buildings of the Cupertino Municipal Code Concerning Definitions and
Related to Accessory Buildings/Structures and Second Dwelling Units in Single-Family
Zones."
City Hall
......... 10300 Torte A~.enu¢,.-..,
";. Cupertino, CA 95014-3255
Telephone: (408) 777-3223
CITY OF
CUPEI INO (408)777-3366
OFFICB OF THlg CITY CLERK
January 9, 2002
DivL'rsified Property Group
c/o Cali-Land
P.O, Box 1967
Cup~no, CA 95015
RE: APPEAL OF PLANNING COMMISSION DENIAL OF APPLICATION 09-U-
01, REGARDING A USB PERMIT FOR THE CONTINUED USE OF A
SHOPPING CENTER PARKING LOT FOR CAR STORAGF. AT 10071 S.'
BLANEY AVENU~ (APN 369-03-014). THE APPEAL WAS FILED BY THE
APPLICANT, GARY SCHMIDT. (CONTINUED'FROM DECEMBER 3).
Dear Mr. Schmidt:
On Monday, $~nuary 7, 2002 the City Council of the City of Cupertino made the
following action related to the above item. Council member Kwok abstained. The
remaining Council members voted unanimously to deny the appeal and uphold the
Planning Commission decision.
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.
If you have any questions regarding the pwcess, please feel free to call.
Sincerely,
Grace Jolmson
Deputy City Clerk
cc: Dept. of Community Development
City Attorney Charles Kilian
· LAW OFvI¢ S ov DEI R.
11 I$ Beanin~ton Drive ~
Tel. (408) '/39-5611
Fax (408) 736-8681
January 16, 2002 JAN 1 7 ~002 ~t
City Council
City of Cupertino CUPERTINO CITY CLERK
10300 Tone Avenue
Cupertino, CA. 95014
Re: Petition for reconsideration of denial of application ~09-U-01 considered by the
C~ity council UNDER PUBLIC HEARING on January 7, 2002, Agenda 9.
Dear Madam/Sir:
Request is hereby made for reconsideration of the appeal of the above referenced
application heard by the City Council on Sanuary 7, 2002.
The above referenced application was a request for continued and extended use of
APN 369-03-07 (1007 S. Blaney Ave., Cupertino, CA) for a Commercial Parking lot for
the. specific purpose of short term temporary parking of new cars as a part of a
Commercial retail car dealership.
The Planning Commission considered and denied the above referenced'application
on 10/22/01. A video tape of that hearing is attached hereto and incorporated herein as
though fully set forth and was made available prior to and submitted to the City Council
at the PUBLIC HEARING held on 1/7/02. Also'includ~d for the record and incorporated
herein as though fully set forth and submitted as new evidence is the video tape of the
hearing of agenda 9 of the PUBLIC HEARING of the City Council heard on January 7,
2002.
The grounds for reconsideration are as follows:
1. New relevant evidence including the above referenced January 7m video tape
including but not limited to the statements made on said tape at said hearing by
Department Director Steve Piasecki in reference to the General and Specific Plans and a
group of photographs recently discovered that depict and demonstrate the historic
grandfathered use of the subject parcel for the parking of cars for a variety of businesses,
neither of which could have been produced at a previous hearing by reasonable diligence.
Page 2
Petition for reconside . ti'on ...............
January 16, 2002
2. The General Plan, the Heart of the City Specific Plan, the Zoning Ordinances
(Chapter 19) and the previous resolutions of approval of this Commercial Parking use by
the Planning Commission which are all part of the previous record and were available to
§oth the Planning Commission and the'City Council are hereby attached again for the
record and are offered as "Proof of Facts" along with the above referenced two video
tapes that the "City Council proceeded without, or (and) in excess of its, jurisdiction". It
is hereby noted that direct reference and allegation is hereby made to, but not limited to,
the assertion that at the hearing held on January 7, 2002 Section 2.2 of the General Plan
and Heart of the City specific plan were cited for the first time by direct reference by
Steve Pi'asecki, the Planning Director. Mr Piasecki, however, failed to acknowledge
other relevant sections including but not limited to 1.01.020 B. 3. which specifically
relegates by reference the specific requested use as an allowable use within the subject
area designated under the "Heart of the City" Specific Plan.
3. The preceding paragraph is hereby referenced as "Proof of Facts" that the "City
Council failed to provide a fair hearing". Additionally the video of the January 7~
hearing will demonstrate that the City Council attempted an inappropriate and/or illegal
act upon the applicant that may constitute a taking in that the council declared that it
_ would be ~villing to find that the requested use would and/or could be found to be
acceptable if and only if the applicant were to relinquish and/or substantially diminish
rights and therefore value he has (or indeed is one of several parties in possession of) in
another use permit. Specifically, the Council stated that if Mr Schrnidt would be willing
to reduce to one year the right to a development which is vested and nms with the land
with no time period limitation they would then find the application acceptable. This act
may violate the applicants due process and civil rights.
4. The above referenced exhibits and all submissions included with this
reconsideration request are hereby cited as "Proof of facts" that the City Council abused
its discretion by:
a. Not proceeding in a manner required by law; and/or
b. Rendering a decision which was not supported by findings of fact: and/or
c. Rendering a decision in which the findings of fact were not supported by the
evidence.
Also submitted for the record and incorporated herein are all of the exhibits and
submissions by applicant and the City of Cupertino related to these proceedings.
2
Page 3
Petition for reconsideration .: ..............
January 16, 2002
In addition to the foregoing we feel the applicant and myself were denied, on
several occasions, access to public records in violation of his right to public records
guaranteed by both State and Federal laws, which he sought for use at these hearings.
Please note the letter dated October 13, 2000 from myself to Steve Piasecki which
is included in the City of Cup~o agenda packet for the hearing on January 7,, 2002.
Respectfully submitted,
Gary's $chmidt's response submitted to f.l'te City Clerk's office on
April 1, 2002
~,,~,/o ~_~
1. The hearing before the Planning Commission
was "spoiled" by the provision of inaccurate
and incorrect information on a material
· .matter in response to a direct question by the
Commission~ Therefore the Council should
~ either grant the requested temporary use
extension or remand the matter back to the
Planning Commission for re-hearing.
Documents, photos, and a Declaration are attached that attest to that information that was
matcrially inaccuratc and incorrcct was providcd to thc Plnnninl~ Commission as a dircct
response to a direct question and inquire. It is presumed that the provision of this
- inaccuratc and crroncous information was an inadvcrtcnt crror on thc part of thc City's
staff.
Then Commissioner Kwok inquired of staff if there had been any other precedents set.
Hc inquircd if anyonc clsc had cvcrcomc forward with a formal rcqucst for a tcrnporary
use of parking in a similar zone or area and if any such request had ever been acted upon
by thc City. Ms. Wordcll answcrcd that thcrc had only bccn gcncral inquircs but no
formal request or applications had ever been made and therefor no formal denials or
granting of similar tcmporary usc pcnnits had cvcr bccn actcd upon.
This answer was not accurate or correct in that a temporary use permit was granted for
parking on Torrc Arc. in 1984 that was apparcnfly continucd and cxtcndcd all thc way up
and until 1995.
The situation was similar in that the temporary use was granted and extended in order to
allow for appropriate planning and preparation for the eventual ultimate development
and use of the parcel.
The video tape of the Planning Commission hearing was previously submitted to the
Council for thc rccord bcforc it and is availablc for thcir vicwing.
DECLARATION OR GARY IL SCHMIDT APRIL 2002
I have met with Colin Yung, Senior Planner, for the City of Cupertino and discussed the
history of th~ so callcd "trianglc" parccl on Torrc Ave. and thc acrial photos of samc which arc
attached hereto. Mr. Young's tenur~ with the City of Cupertino goes back to 1990. He had no
dircct porsonal knowlcdgc of thc situation prior to1990. Thc photos and thc attachcd minutcs
and staff .report reflect that the lot on Torte was granted a temporary use permit for parking by
thc City Council of Cupcrtino in 1984 for a :5 ycar pcriod and that it was cxtcndcd for 8 months
at its original expiration These documents have been reviewed by Mr. Yung. Although I have
madc rcpcatcd Public Rccords rcqucsts I have bccn unable to uncovcr furthcr official action on
this Temporary Parking Lot beyond 1990. However, Mr. Yung's and my recollections agree and
concur that it continucd to bc uscd as a parldng lot intcrmittcnfly for construction vchiclcs and
construction related vehicles as well as automobiles until approximately 199:5 at which time
condos wcrc built on thc propcr~. Wc both concur that during thc lattcr pcriod (1990-199:5) thc
lot was only secured by a chain across the driveway entrance and that pedestrians could freely
cntcr upon and./or cross thc lot. I can attcst by pcrsonal obscrvation that prior to 1990 thcrc was
not even a chain across the entrance, it appeared basically to be accessible by the public, and that
"' thcrc wcrc one to two hundrcd or so vchiclcs that used thc lot daily. Wc concurrcd, as can be
"- determined and verified by the areal photos, that the lot was immediately adjacent to the street,
Torrc Ave., and had virtually no visual scrccning or landscapc buffering. It also had many morc
daily trips generated from it then the subject Blaney lot of the current application Additionally
it was uscd vchiclcs including construction cquipmcnt being parkcd on thc Torrc lot, not ncw
Honda cars. This clearly illustrates that the City of Cupertino has previously allowed a
substantially similar "Tcmporary" parking usc for approximatcly 10 ycars for similar rcasons of
allowing ample time to develop optimum ultimate development plans for the permanent
dcvclopmcnt and usc of thc prospcctivc parccls. It is obvious that that 10 ycar tcmporary usc on
Tone Ave. had a substantially greater negative impact on the neighborhood then the current
Blancy application and was no whcrc ncar as well scrccncd or hidden. It was virtually in plain
site to everyone that passed by be they pedestrian or vehicular driver or passenger.
I declare under penalty of perjury under California law that the forgoing is true and correct
except to those matters that are stated on my/nformafion and belief and to those maters I believe
· i:
' 1034~ Torm Avenue C~r'lmo, Colifomil 9~014 (40~)252-4~0~
AG~ ITeM ~ ' ~Z~A ~ ~ 4. 1989
City Cankar ~L~.-~3C'l~'ta~ (18-'U"84) 12/4/89' ....... ...-
~e-2 -
~ ~ ~88 ~ ~~ ~ ~~ o.,.,,~.i~ b~~,
~,....~==i~ ~ a ~J~i~ ~ ~ ~~ ~~ ~ ~ ~1~
~t a~ ~~ly~~~~~~~~y
~ P~ ~~i~ ~ ~1~ ~. 4226 ~~ ~
~1~ ~. 4227, ~m .... ~.~~t~~~ 1~ a~~
f~li~ ~ ~ f= ~ S ~ ~i~, ~~~t~
D~ of ~~ ~~.f~~ajo~~~
~~a~~~~~~~~~, 1990.
- ~ ~ ~ ~ ~ ~~ 20, 1984
- ~1~ No.. 4~26 ~'4227
- ~ ~ 11/27/89 ~ ~1 ~ ~ ~
- ~ ~ 11/27/89 ~ ~ ~
- ~ ~ 11/25/89 ~ J. ~l~p ~
,.--- (c=-?81)
to talk with tha ~aiqhbars. He said be ~ants a park, be
~ust .doesn't ~rfc to dceata cna. ~ha Pinn Bros. z~,c~C
· u,~d this site ~ras ccnsidered as the site o~ a post office
.~..., '~with o~flce pc~c office with high density
l~l.,~lLy far a
of a hotel this st~r, ard the ~,,,bucbtc~
pecgle could use the parking. He also ~ traffic ".
It was IEN~d by Coup. C~11~, secEgEled, by Cot~. ~ Public hear:
am:l r-..,,=..~ unar,'h,~,-~M i,M those preserfc (4-0) to close the closed
tc he /ng.
o£ the llul.~L~ as a parking.lot be ~ as
ard l~.~.--,a una~,,,]y by tlz:r,e prasent (4. O) that the usa
MINUTES OF ~4E ~ 4, 1989 ~
(CC .?a3.)
Jse of "tri- of the lot aS a park/~ ~'~-41~ty be cc~cilaled for an
mgic" lot 8~ period, arEl that staff il~itiate a ~ with
is parking devel~ a~l lv~~tive~ of the
Lot continued ~ ~ l'~~ o~.~ln~ to
~.~ poterlt/al c~c/orls far the 2.4 acre
located easterly ~ ~ ~~ ~
2. There is a 50 year history of the continuous
use of the subject parcel for the parking of
vehicles. There is a serious question as to
· . whether or not a Conditional Use Permit is
even required for the requested use. In any
event the lot is sure to be used for the parking
of vehicles until its ultimate development
regardless of the outcome of this application
proCess. The only question is whether it well
be used for the parking of used vehicles for
the surrounding businesses or new Honda
automobiles for Stevens Creek Honda.
Additionally, at issue is whether or not the
City of Cupertino will continue to try to
and/or be successful in depriving the
applicant of the moderate amount of income
from the property in the interim which he is
currently receiving from Stevens Creek
Honda. '
Photos and a declaration are attached that attest to the fact that the lot has been used for
parking sincc carly in thc 1950's.
DECLARATION OR GARY R. SCHMIDT APRIL 2002
I liave had business and/or property interests in Cupertino at or contiguous to the subject
applicaht ~llancy Ave. parccl sincc thc carly 1970's. As a tccnagcr in thc 1950's I attcndcd
dances at the Monta Vista Veterans Hall building. I graduated from Covington Jr. High School
in 1957 and from Los Altos High School in 1961. I furthor graduatcd from San Josc Statc
University in 1966 with a BA in Economics and minor fields of study in Computer Sciences and
Rcal Estatc. I worked at Lockhced in Sunnyvalc from 1961 through 1966. I livod in Sunnyvalc
just 2 miles from Cuppertino for 15 years. I lived up Deanza Boulevard off of Prospect for
almost tcn years. I was married in Cupertino in 1975. I havc bccn familiar with thc gcncral
community for almost ½ of a centm3r and certainly have been very f~milisr with the
Blancy/Stcvcns Crcck area for ovcr 30 ycars. I lmvc absolutc knowledgc that thc subjcct
property has'been used continually for parking of cars since the early 1970's and I am infonned
and thcrcfor bclicvc that it has bccn uscd continually fo~ thc parking of cars sincc thc carly
1950's
I declare under penalty of perjmy under California law that the forgoing is true and correct
cxccpt to thosc mattcrs that arc statcd on my information and bclicf and to thosc matcrs I bclicvc
them to be true.
.Ill
3. The current and requested continued
temporary use is allowed on the subject parcel
with a Conditional Use Permit. This permit
· . has been granted on this parcel three times in
the very recent past, once'by .the-Planning
~Director Bob Cowan, and twice by the
'Ptannin'g Commission. There are'no changed
-circumstances-since -the .-original permits were
-granted.-T-here-have-been ~o +upportable
· grounds 4ruder ~he zoning-codes,-the ~al
.or. SpecificPlan, xase_~w,_and/or.the facts.and
_.. testimony presented which would justify a
denial of this application.
Cupertino codes cite Conditional Use Permit requirements NOT Special Use Permit
rcquircmcrits thcreforc said uscs arc allowable within thcir prosl~CtiVC zoncs but thc City
may place Cond/fions on them to mitigate any negative hnpacts.
The Heart of the City Planned Development Zone allows for Residential, Office and
Cornmcrcial uscs.
Commercial Parking and Garages, Automobile Sales and Rentals, and other commercial
uscs .which do.not ~-l'catc si_~mi6cant advcrsc impacts to thc smrounding arca duc to
"odor, dust, fumes, glare, radiation, vibration, noise, traffic, or litter" are permitted uses
-.in the.zone.
There have been no claims of any adverse impacts for the requested use which has been
· ongoing for ovcr two-years tctatoncany significant hnpa~ts. Thcrc havc bcen no public
complaints about the use and there has been no public opposition to the use.
-. Planning Commission Minutes .... '3 October 22, 2001
5. Application No.: 09-U-01
Applicant: Gary Schmidt
Location: 19961 So. Blaney Avenue
Use permit for continued use of a shopp'.mg center parking lot for car storage
Planning Commission decision final unless appealed.
Request po. stponement to October 22, 2001 Planning Commission meeting
Chair Kwok indicated that a request for postponement had been received from Mr. Schmidt, and
the applicant was requesting that a site visit be conducted with staff.
Staff Oresentation: Mr. Steve Piasecki, Community Development Director, said that staff did not
feel a continuance of the application was warranted, and that he felt it would be highly unusual to
continue a project of this scale for the purpose of a site visit. He said both staff and the applicant
could adequately explain the progress of the project without the neexl for a site visit.
Ms. Ciddy Wordell, City Planner, reviewed the background of the application as outlined in the
staff report. She noted that the intent of the various use permits over the last two-and-a- half years
were for interim use, not only for the dealer that wanted to store the cars, but also because the
applicant was pursuing other uses for the prope~y. She noted that staff cited a General Plan
.policy addressing the Stevens Creek area and the Heart of the City Specific Plan area as being a
unique pedestrian oriented area; and it was considered through these various procedures as an
interim use. Staff feels there are problems with compatibility with the area, as there are residential
uses nearby and also the long-term use for something more appropriate for Heart of the City. She
said that it has not caused problems in terms of the area, and no complaints about the use had been
received. She pointed out that there are numerous properties throughout the city, particularly in
the Heart of the City where other people have been discouraged from applying for storage of.
automobiles br any kinds of storage activities because of the more desired use for the area. Ms.
Wordell said that staff feels it is a public policy issue at stake for a more desirable use for the
property. Staff recommends denial of the extension of the use permit for the property.
Mr. Gary Schmidt, 10071 .So. Blaney Avenue, distributed photos of the property and adjacent
ar~as. He illustrated the area of the existing use permit for a 28,000 squaie foot building issued in
1988, which runs with the land, noting that it was a two phase use permit; the first phase for a
major remodel on the building exterior, in addition to putting in all the Stevens Creek landscape
% ,
according to the Stevens Creek landscape plan, taking out the entire parking lot, regradmg it,
putting in storm drains, and undergrounding all the mechanical/electrical. He said hundreds of
thousands of dollars were spent to upgrade the Stevens Creek area, and it is one of the few parcels
on Stevens Creek that fully complies with the Stevens Creek'landscape corridor plan and has been .-:i
in compliance for 12 years. In return, the city granted an unlimited time period to build a building :..~
in the rear and partially due to the fact that they were long-term leases on the Blaney Center
running up to 10 years, which made it difficult to do it more timely. Mr. Sohmidt pointed out what
he said he felt were numerous errors or nomencla{ures in the staff report; such as the use of.
parking not being compatible with adjacent residential and commercial uses. He illustrated the
property where he had full ownership and the areas where he had only partial ownership in the
past.
..
Planning Commission.M. inutes ..... 4 October 2_2..2..00_1 ..... ...
" Mr. Schmidt reported that since the last one-year extension, he has submitted four potential plans
" for approval. He expressed his willingness to put in temporary vegetation, which would sollen the
area in the rear parking lot of Hamasushi. Relative to the reference in the staff report to Stevens
Creek being a unique pedestrian experience, and it not being an appropriate use on Stevens Creek,
he pointed out that it fronts on Binney Avenue, not Stevens Creek. He said he felt he, along with
other partners, contributed as much or ,more than any other parcel along Stevens Creek to the
unique pedestrian experience. He referred to the Imperial Avenue parcel and said that it was not
comparable to the application property, as it was a non-improved dirt lot, on the street, with no
landscaping; and again stressed th. at a visit to the sites would be illustrative of that. He said that
there have been no complaints; and it was within the discretionary power of the Planning
Commission to grant the use permit, and the claim by the city that to grant the use permit would
somehow delay ultimate development of the property was no offer of proof; and as conjecture hc
said }o deny the moderate economic return on this parcel would be what would delay the
development of the property, since he was using all the money to submit plans and deal with starT.
He requested that the application for an extension to the use permit be approved and a walking
tour of the site be taken to discuss the comer. He said he felt it was important not to develop it
fast, but to develop it right.
Mr. Del Osland, attomey, representing Gary Schmidt, said that he felt the point made by the
Planning Department that denial of the permit would enhance or speed up the development of' thc
property into some sort of planned development or redevelopment was not correct. He said that
the present agreement with the Honda dealership is on a month-to-month basis, and could be
cancell~d at any time, and they would be looking to see the highest and best use for the propcrty
not just to generate the smallest amount of income; but the money would help in developing the
property rather than leaving it completely vacant. He pointed out that prior to the cars being storcd
· .. there, it was vacant for many years. He requested that the letter he wrote prior to last year's
meeting be made a part of the records, as it was not presently on file.
Chair Y, wok opened the meeting for public input; there was no one present who wished to speak.
Com. Corr said that he was not concerned with the particular use being obtrusive or bothering
anybody, as it was well'hidden. He expressed concern that the use was counter to the uses in
Stevens Creek Plan, and noted that it was not just that it was on Stevens Creek, but it was in tho
Stevens Creek Plan area. He recalled that it was the third time in two years that the applicant was
asking for an extension; and what started out as a request for temporary help has turned 'into an
expectation from the applicant to continue granting extensions of the use permit. Com. Con' said
that he was apprehensive about supporting the extension of the use permit.
Ms. Wordell provided a history of the use permit, noting that the Hamasushi development was
approved as a phased project; Hamasushi ~,vas phase 1 and afl office building was phase 2, with no
time limit on when it could be built. Phase 2 has not been built, and is still vested since it was part
of the original use permit. She noted that if the applicant provided a valid building planL the
Planning Commission would have to accept it. Ms. Wordell also pointed out that the applicant is
proposing a change in plans, and has been working with staff on a different set of plans.
Mr. Piasecki said that the city receives no sales taxes from the storage of the autos on the property,
and it was presumed the applicant was referring to the economic benefit to himself and also
indirectly allowing him then to pursue plans for development of the property, which ultimately
could result in an ec, onomi¢ benefit to the city. He suggested that concern not be focused on
Planning Commission Minutes 5 October 22, 2001
whether or not it enhances development, but rather is it an appropriate use, and is it equitable to
other property owners since other applicants are discouraged from doing the same thing.
Chair Kwok said that the issue was where to draw the line, as there were two policy decisions: one
relative to equity and the other compatibility. He said he concurred with Com. Corr that a period
of two-and-a-half years for extensions of the use permit was ample time to secure the permit, and
another extension with no assurance that it would be the last request, was not in the best interest
the city.. Chair Kwok said he felt staff provided an excellent detailed presentation about the site,
and he did not feel a site visit was necessary; and would not support continuation of the
application for the purposes of a site visit.
Corn: Auerbach said he learned about the use of the site as a result of the application, and noted
that .~ince it is so well hidden, there have not been consumer complaints about the use. He said
initially he felt that the project did not fit in with the Heart of the City plans, as outlined in the
current General Plan and most likely not the future General Plan amendment. He said he felt it
was an inert thing, and could be canceled at any time. He said he was more concerned with what
was more appropriate for the site if they did not want the car storage there. He pointed out that it
was a suburban style development, each building an island with ingress and egress of the street,
and not pedestrian friendly. Com. Auerbach said that the Pinn Brothers development across the
street was more in character to their liking; but the question of parking would always be an issue.
Com. Auerbach said that in layouts such as Mountain View, Paio Alto and others, cars are parked
in lots back behind the buildings. He said it was ironic that a future use could be a parking lot,
which makes it difficult to argue new cars/used cars as there may eventually be cars back there.
He said it was conjecture on his part as to where the General Plan goes; hence he was conflicted
over a relatively innocuous use of the site. He said he felt there would not be any development in
..... : a year; but was conflicted as he felt it did not meet the General Plan requirements, but he did not
see it doing any damage at this point.
Mr. Piasecki clarified that if the extension was denied, the applicant could appeal the decision to
the City Council, and if the City Council upheld the decision, the applicant would not be allowed
to store cars on the property. He reiterated that the applicant was asking for a one year extension
of the use permit.
Chair Kwok summarized the pros and cons of an extension, stating that an extension would
provide more time; since the site is a suburban setting, more time is needed to look at the site. .to
review and come to a conclusion what the best land use is for that particular site. In lil~ht of the
development across the street, he said it should be as compatible as possible in a sense that the
applicant does not rush into a plan that would later have to be changed. As t& where to ~lraw the
line on extensions, he said it might give a three-month extension to work with staff and come up
with a better plan, but it would be the final extension.
Mr. Piasecki said that the applicant has provided drawings and has been talking with stat'f, but said
three months would not provide enough time to come up with an agreeable plan. He said ii' an
extension was granted, the period of time in question should be one year; either grant the.
extension or deny the extension.
Com. Auerbach said that the drawings shown did not depict what he felt belonged on the property.
He added that he was not pleased with the approved current use,'and he felt things had changed
over time.
Planning Commission Minutes. ~ October 22, 2001
Mr. Piasecki said that the approved plan could proceed as is; however, if the applicant intended to
change the plans, they would have to be presented to the Planning Commission. He said that the
applicant was considering both options, to build the approved plan, or build some other plan, but
evaluating what is a good use for the property.
Chair Kwok reviewed the options: support staff recommendation to deny the permit extension
(applicant could appeal to City Council); grant an extension for one year so that the applicant
could come up with a better plan; or grant an extension of 3 tO 6 months so that they could
continue to work on an approved i~lan and give them more time to come up with a plan consistent
with the neighborhood. Com. Corr said that another alternative may be to approve the extension
for the one year period, but stipulate that it is the last one. Com. Patnoe said that the applicant
had s~ggested as part of the approval that he would be willing to add greenery on a portion of'
fence that is exposed, located directly behind the restaurant; which might be considered if the
application is extended.
Mr. Piasecki suggested that the Planning Commission ask the applicant that if given one more
year, would he agree not to pursue further continuation at the end of the year extension~ which is a
right he retains; but if he states that it is his intention not to pursue the extension further, it would
be a matter of record in the event the issue came back in another year. Mr. Piaseeki said that staff
was concerned with setting a precedent, and emphasized that all people have to be treated fairly
and equitably; and cautioned about making the distinction of what is visible and not visible and
allowing storage of cars, in the event another applicant wanted to store boats.
MOTION: Com. Auerbach moved to approve Application 09-U-01 for a one year extension
.... of the existing use permit as shopping center parking lot for car storage
SECOND: Com. Corr
Com. Corr asked the applicant if he would be willing to state this would be the last extension
requested.
Mr. Schmidt said that he would make every effort to move forward with the parcel. He questioned
if the Planning Commissioners were willing to meet at the property the next day to discuss the
matter in detail. He reiterated what he felt were his constraints on developing the property as he
did not own all the parcels. He said there were other considerations involved relative to the
possibility of changing office to residential on the second floor of one of the buildings an~ perhaps
adding a third floor of residential. '
Com. Auerbach said that the comer speaks for itself, and he felt there would be no benefit from
taking a tour of the site. He said it was unlikely that the same group of commissioners a year from
now would grant a further extension to the use permit; but the present Planning Commission was
seeking feedback on whether the applicant would be amenable to the idea and would work to .find
an alternate use for the property.
Mr. Schmidt said that he would continue to work diligently with the hope that the city, including
the Planning Commission and City Council would continue to do so.
!
. Planning Commission Minutes ? October 22, 2001
· " Chair Kwok said that it was important to note in the use permit that they recognize all the
roadblocks, concerns and constraints in the project; and that the applicant is aware that it would be
the final extension.
Com. Corr said that the use was not related to the development of'the property, and he said he felt
if the extension was not approved, the property would still be developed in the same timeline had
it been approved. He said it was a question of whether they should allow the storage of cars l'or
another year.
Com. Patnoe said that Com. Aue~bach could choose to amend the motion to include the portion
with regard to some greenery on it, but he would not support the ~pplication. He said he did not
like the use of parking, whether for l 0 or 40 cars on the empty lot; and he felt the city has the
opportunity to take a stance and not allow the continuance on and on. He said he would rather
leave the area vacant and possibly work to encourage some other use for the property. He
r~iterated that he would vote to deny the application, as hc felt the applicant has had plenty of'
opportunity.
Com. Chen said she concurred with Com. Patnoe; and she did not feel the extension of thc uso
i~rmit would help the project to move on, a0d it would set a precedent for future applicants,
putting the city in the difficult position to say no to future applicants for a different use of'the lot.
She said she would not support the motion to pant a one-year extension.
Chair Kwok said that he would not support the project as indicated earlier, and stated that two-
and-a-half years was ample time, and by denying the request, it might move the applicant to
expedite the project faster.
Com. Auerbach withdrew his motion; Com. Con' concurred.
MOTION: Com. ?atnoe moved to deny Application 09-U-0I
SECOND: Com. Chen
VOTE: Passed 5-0-0
Chair Kwok noted that the applicant had 14 days to appeal the decision to City Council.
OLD BUSINESS: l~one
NEW BUSINESS: None
REPORT OF THE~ PLANNING COMMISSION:
Environmental Review Committee: Chair Kwok noted that tile last meeting as wcll as
the meeting scheduled for this week were canceled.
Housing Committee: Com. Patnoe reported, that he had no formal report; but noted that
the committee would be busy in the next months relative to the City Council approval of thc
housing element, particularly the BMR program.
Mayor's Breakfast:. Com. Auerbach reported on the use of the public library, noting that
(,~j. the Cupertino library ranked third or fourth in circulation in the state, Los Angeles and
behind
San
4. The City's argument that the requested
continued temporary use is somehow in
· conflict .or violation of the General or Specific
'Plans is indeed hollow'and no agent of the '
City has offered in any of the hearings or in
~ conference with the applicant or his council
any specifics or examples of any said conflicts
or violations. The vague insinuations and
innuendos made in reference to alleged
"pedestrian unfriendliness" are not supported
by the facts including the testimony of the
City's staff and the Planning Commission.
There have been absolutely no STANDARDS
presented or identified related to pedestrian
friendliness nor has there been any evidence
presented what so ever to prove or even imply
that the subject parcel and or its use is
pedestrian unfriendly.
Both the applicant and his council have spoken and met with numerous City Officials
and agcnts and not onc of said Officials or agcnts has yct to dcscn~c or idcntify any
specific violation and/or its character and exact nature of either thc General or Specific
Plan.
The applicant has offered to agree to mitigating conditions of any negative imlmcts of the
requested and ongoing use if someone from the City could just identify any negative
impacts.
DECLARATION OR GARY R. SCHMIDT APRIL 2002
I have met with Steve Piasecki, Pla~ning Director, several times over the last two years
including on thc subject site. In addition, I have had numcrons phone conversations with him.
Not until this year, 2002, did Mr. Piasecki ever indicate to me that thc requested and continuing
nsc of parld'ng cars on thc subjcct parccl was in violation of thc gcncral or spccific Plans. Hc has
never indicated to me that it was in any way a violation of the zoning regulations.
I have met with various other Officials and agents of the City of Cupenino.ss~i~
ovcr thc last ycar including on thc sitc and no Officisl or agcnt cvcn upon dircct inquiry, from mc
has ever offered any specific example or illustration of any thing about the requested and
continuing usc that is "pcdcstrian Un-fricndly" All panics havc always concurrcd that thc
Stevens Creek frontage on the Hama Sushi lot is in full compliance with the Stevens Creek
landscapc provisions and is vcry pcdcstrian fricndly. All partics acknowlcdgcd that thc subjcct
parcels frontage is 80 feet on Blaney Ave. and not on Stevens C reek.
.- Upon my inq{firy and offer to mitigate any pedestrian an-friendliness of the requested use2 no
City Official or agent has been able to offer or suggest any mitigation measure I assume because
they can not identify any negative impact to mitigate.
In the alternative, I have offered to landscape my neighbors lot, the Big Apple pits
formcrly Cicccros, which all partics agrcc is vcry pcdcstrian un-fricndly bccansc it has
absolutely no landscaping (I have made this offer becanse no one can offer any suggestion for
pcdcstrian fricndlincss improvcmcnts to my propcrty.
Additionally I have inquired several times including of Mr. Piasecki and no one from the
City can tcll mc ifthcrc is a landscapc plan specifically for Blancy Avc.
I declare under penalty of perjury under California law that the forgoing is true and correct
cxccpt to thosc matters that arc stated on my information and belicf and to thosc matcrs I bclicvc
them to be true.
Gary R. Schmidt
At.
5. There is not only no basis in fact or law for
the City to deny the requested continued temporary
use but there is also NO POTENTIAL BENEFIT to
the City for a denial, only potential detriment. There
in no indication that the parcel will be. developed any
sooneU if the City denies this application and there is
some indication that a denial may delay the ultimate
development since the revenues from the use are being
expended on development plans. Additionally, I
would hope that we would all agree that taking the
necessary time to plan the development of the parcel
properly and attempt to consolidate it with contiguous
parcels is. in the best interest of all concerned,
especially the Community in general. Is it not bettor
to develop the property RIGHT then to develop it
FAST? Why create needless animosity, hostility, and
conflict when the applicant has been a cooperative and
productive good citizen property owner in the
community for over 30 years with an excellent
working relationship with the City and the Director of
Planning has acknowledged in Public Hearing that the
applicant has been Dutifully Diligent in his pursuit of
optimum development plans for the parcel.
THE
FOLLOWING
ITEMS
WERE
PRESENTED
AT THE
MEETIN-G
- Cupertino Pedestrian
Transportation Plan
_ Prepared for:
City of Cupertino
10300 Torre Avenue
- Cupertino, CA 95014
-- Prepared by:
Wilbnr Smith ~soeiates
1145 M~k~ S~et, Ten~ Floor
-- S~ Fmeism, CA 94103
Teh (415) 436 - 9030
F~: (415) 436 - 9337
May 2002
TABLE OF CONTENTS
CHAPTER
Executive Summary ............................................................................................................ E-1
1 Introduction and the Value of Walking .......................................... : ............................... 1-1
Background ............................................................................................................. 1-1
Future Potential ....................... '. ............................................................................... 1-1
Purpose of the Plan ................................................................................................. 1-2
Walkable Communities ........................................................................................... 1-3
Walking in the Transportation System ................................................................... 1-4
2 Policy Framework ........................................................................................................... 2-1
Relation to City General Plan ................................................................................. 2-1
Policy Framework ................................................................................................... 2-1
Goals, Policies and Actions .................................................................................... 2-2
3 Existing Conditions and Collision Analysis ................................................................... 3-1
Existing Level of Walking in Cupertino ................................................................. 3-1
Existing Policies, Procedures, and Practices .......................................................... 3-1
Existing Locations of Pedestrian / ADA Devices ................................................... 3-1
Existing Pedestrian Projects .................................................................................... 3-2
Analysis of Pedestrian Collisions ........................................................................... 3-3
4 Needs Assessment ........................................................................................................... 4-1
Design Considerations ............................................................................................ 4-1
Tools to Assess Pedestrian Facilities ...................................................................... 4-2
Pedestrian Problem Areas ....................................................................................... 4-3
Institutional Barriers to Walking ............................................................................ 4-4
Need for Further Studies ......................................................................................... 4-6
5 Recommendations and Implementation Plan .................................................................. 5-1
Introduction ............................................................................................................. 5-1
Process .................................................................................................................... 5-1
Recommended Capital Projects .............................................................................. 5-1
Prioritization Criteria .............................................................................................. 5-1
City of Cupertino Prioritization Criteria ................................................................. 5-2
Recommended Education and Encouragement Programs ...................................... 5-6
Implementation and Funding .................................................................................. 5-7
ILLUSTRATIONS
CUPERllNO PEDESTRIAN TRANSPORTATION PLAN W/LBUR ,SM/TH,AS,SOC/ATES
Page i
TABLE OF CONTENTS
figure Follows
.- 1. Riskoflnjury: City vs. Suburb ..................................................................................... (on)l-4
2. Pedestrian Traffic Control Devices ............................................................................... 3-1
3. Major Trail / Path Projects ........................................................................................... 3-2
4. Lesdi,g Cause of Hospitalized Injuries-Santa Clara County ....................................... (on)3-3
$. Pedestrian Collisions 1997-1999 .................................................................................. 3-4
6. Sidewalk Gaps .............................................................................................................. 4-4
7. 1997 Cents per Gallon .................................................................. : ............................... (on)4-$
8. Changes in the Price of Gasoline and Other Consumer Items between 1967 and 1997(on)4-6
9. Recommended Pedestrian Projects ............................................................................... 5-1
-- TABULATIONS
Table
1-1 Approved and Pending Developments .................................................................... 1-2
3-1 Pedestrian Injuries as Percent of Total Traffic-Related .......................................... 3-4
4-1 Design Considerations for Pedestrian Facilities ..................................................... 4-1
-- 5-1 Prioritizafion Criteria ......................................................... ~ .................................... 5-3
5-2 Locations Needing Pedestrian Improvements ........................................................ 5-3
5-3 Recommended Education and Encouragement Programs ...................................... 5-6
APPENDICES
A Locations of Approved and Pending Developments
B Model Cmnmunities
C Cupertino Community Congress
D Existing Conditions
E Site Specific Recommendations
F Best Practices and Design Guidelines
G Public Input on Pedestrian Circulation and Access
-- H SmmnsD, of Director of Walkable Communities' Visit
I Prioritization of Recommended Projects
34300O
CUPERTINO PEDESTRIAN TRANSPORTATION PLAN WILBUR SMITH ASSOCIATF. S
Chapter 1
INTRODUCTION AND THE VALUE OF WALKING
BACKGROUND
Walking is the oldest form of transportation; the first cities were based on walking as the
predominant mode of travel. Walking is also the cheapest, healthiest, and, to a large number of
people, the most enjoyable. The size of Cupertino is not much larger than early cities in which
you could (and still can in many cases) walk from home to work, to stores, to recreation, and
more recently to transportation centers. Yet Cupertino was developed during the 19S0's and
1960's as a typical auto-oriented suburban city and its streets are treated as space for cars rather
than community space. Consequently it has its share of auto-traffic problems and a low
pedestrian mode split.
While detailed recommendations regarding specific pedestrian - friendly developments or how to
create a walkable town center is beyond the scope of this study, this section will outline some of
the benefits and some of the community desires as expressed by the Cupertino Bicycle and
Pedestrian Advisory Committee (CBPAC).
Attmct~ ~ic~d~r entrance to Crossroads Shopping
As a fairly typical 19SO's suburban city, Center
Cupertino lacks a downtown. The City's
suburban strip malls and commercial areas
are accessible by walking to only a small .
number of residents. For the most part, they
are also uninviting places that some would
consider dangerous places to which to walk.
Although there are many existing walkable
features in Cupertino such as school
pathways and sidewalks along most streets,
much of the land-use patterns and
developments have been designed assuming
that all access would be by motor vehicle.
FUTURE POTENTIAL
The existing infrastructure and land use in Cupertino is not static; new developments are
constantly proposed and present opportunities to. make local improvements to pedestrian
connectivity. With the vision of a walkable community as a guiding principle, these projects
could be designed to reverse the dependency on the automobile (while still accommodating
access by car). In fact there are over a dozen projects that have recently been approved or are
pending approval. These are listed in Table 1-1 and a description and their locations are
presented in Appendix A. Each of these developments has a varying degree of potential to
improve the pedestrian network. These should be evaluated at the application stage to ensure
that pedestrian access is maximin, ed.
CUPERTINO PEDESTRIAN TRANSPORTATION PLAN WILBUR SMITH ASSOCIATES
Page 1 - 1
INTRODUCTION AND THE VAJ.UE OF WALKING
Incorporating pedestrian-friendly features in every redevelopment and development project -
both land-use decisions and infrastructure design - would help bring about a slow evolution in
the framework of Cupertino, eventually resulting in enough walkable development that much of
the City will become accessible by foot.
Table 1-1
-- Approved and Pending Developments
Approved Developments Pending Developments
City Center SummerHill townhouses
-- Kimpton Hotel Civic Park (Town Green)
Andronico's Villa Serra -
Adobe Inn De Anza College Expansion
Hewlett-Packard Campus Compaq Computer Campus
P.J. Mulligan's Cupertino Gateway -
_ Oak Valley
Market Place -
Cupertino Community Services
_ Plaza Cupertino
(Vallco Fashion Park Redevelopment) -
City Public Library
PURPOSE OF THE PLAN
This first Cupertino Pedestrian Transportation Plan
presents goals, policies and specific recommendations
to increase the walkability of Cupertino. This plan has
several purposes. It serves as a benchmark for future
projects by documenting existing conditions, both
_ infrastructure as well as policies and programs. It
recommends new policies, capital projects and
programs that will improve pedestrian safety and
_ circulation. Finally it serves as a vision for the future by
providing examples of model communities, best
practices and design guidelines to guide the City in the
implementation of the recommendations.
This Plan is a companion document to the City of
Cupertino Bicycle Transportation Plan. Walking and
-- cycling go foot in foot toward building a sustainable
city environment with reduced transportation costs. In addition, a long-term plan for an
integrated auto-bus-rail-cycling-walking transportation system in Cupertino and the surrounding
-- community is needed for sustained growth of walking and cycling.
CUPERTINO PEDESTRIAN TRANSPORTATION PLAN W/LBUR SM/TH ASSOC/ATE$
Page 1 - 2
INTnODUCnoN X~O TH~ VALU~ OF
WALKABLE COMMUNITIES
Newman and Kenworthyz present much interesting data and many thought provoking ideas on
walking, cycling and transportation. From data collected in Boston, MA, the cost of travel by
biking or walking is 13-14 cents/mile, by carpool is 33-43 cents/mile, and by solo car is 79 to 94
cents/mile. Electric powered rail/light-rail systems are the most cost-effective inter/intra city
transportation for distances beyond comfortable walking and cycling. A city with an effective,
integrated transit system has more community activity, a more effective govermnent~ and even
more economic strength. These cities also have far fewer traffic-related deaths. For example,
Amsterdam has 5.7 traffic-related deathS/100,000/year compared to the average of 14.6 traffic
related deaths/100,000/year in the United States; yet Amsterdam has one of the highest uses of
cycling and walking in the world and among the lowest transportation costs.
According to Andres Duany of the Miami architectural firm responsible for many neo-traditional
developments across the counU'y, "A genuine town has housing integrated into the shopping and
office areas or close enough to it that residents can reach the commercial center without driving."
The neo-traditional design concepts not only encourage sociability and a less harried way of
living but also make financial sense. "The newest idea in plmming is the nineteenth-century
town," Duany told a conference of Florida apartment developers in 1987. "That's what is really
selling2.''
The elements of walkable communities are: Unattmetive pedestrkm access through center of
1. A compact, urban space; Crossroads Sho~ing Center
2. Shopping and employment close to
housing;
3. Inviting public spaces that promote
and stimulate social interaction;
4. Urban design that preserves/enhances
the natural environment;
5. Human-scaled roadways that are not intimidating to walk on or to cross;
6. Sufficient parking without being a sea of asphalt. "One of the most difficult challenges
for any development that intends to offer a compact, stimulating, and walkable
enviroru-nent is the problem of providing sufficient parking." Robert Stern points out that:
"To make retail viable, you must attract more than the people who can walk to it. The
struggle is to get all those cars there and yet retain the quality that you want. Stem
believes this can be accomplished by providing:
· On-street parking with sidewalks.
· Parking lots broken into sections by rows of landscaping and by sidewalks, which
reduces the conflict between pedestrians and automobiles. At a minimum, developers
should create parking lots that are walkable by painting or building walkways
I
Peter Newman & Jeffrey Kenworthy, S-.qtnlnahilitv and Cities. Island Press, Washington, DC, 1999
2 Philip Langdon, ,4 GoodPlace to Live, The Atlantic Monthly, March 1988
CUPERTINO PEDESTRIAN TRANSPORTATION PLAN WILBUR SMITH ASSOCIATES'
Page 1 - 3
INTRODUCTION AND THE VALUE OF WALKING
crisscrossing the lots. "The goal is to get people walking past storefronts, rather than
through undifferentiated stretches of asphalt, as soon as possible."
-- 7. An additional element in creating a walkable community is the integration of the
transportation infrastructure, e.g. walk to transit stop, take transit, walk to destination,
return via transit.
Additional discussion on walkable communities that can serve as models for Cupertino is
presented in Appendix B.
WALKING IN THE TRANSPORTATION SYSTEM
Trip Purposes
~- Walking as a mode of transportation is practical and time competitive for many trip-purposes. In
fact for those who do not drive (children, some seniors and others without drivers licenses or
access to cars), it is, along with biking, the only mode that allows a user complete independence
-- and freedom at their own schedule. Walking can also be the safest mode, particularly when
combined with a traffic-calming plan (See Page 4-6). While many parents drive their children to
school thinking it is safer, the risk of injury from riding in a car in an auto accident is quite real.
A study by Alan Thein Duming3 concluded that the risk of injury is actually higher in the
suburbs than in cities due to increased death and injury from automobile accidents (see Figure 1).
-- 25
BTmflic
_ 20 -,Crime
?_.~ 15
L
a. 5
0
C'~y Suburb
Figure I : Risk of lnjmy - Cities vs. $~b~rbs
In car-oriented Santa Clara County, auto accidents are the leading cause of death (not including
-- illness) for ages 5-44. Auto accidents are also the first or second leading cause of injury for all
age groups (see Figure 4, page 3-3).
3 Duming, Alan Thein The Car aad the C/0', Northwesiem Environment Watch, 1996
CUPERTINO PEDESTRIAN TRANSPORTATION PLAN WILBUR SMITH ASSOCIATE~
Page 1 - 4
INTRODUCTION AND THE VALUE OF WALKING
The Irip purposes and trip lengths that are served well by walking are:
1. Work - up to two miles
2. Elementary School - up to one mile
3. Middle School, High School and College - up to two miles
4. Utilitarian and personal business - up to one mile
5. Transit access - up to one mile
6. Recreational-fitness-walking the dog - no upper limit
?. Non-home-based linked trips - up to one mile
Pedestrian-Oriented Areas
Regardless of the mode of access to the following areas, once there, the primary circulation
mode is on foot. The following areas should be designed to not only accommodate pedestrians
but to facilitate and encourage pedestrian access and circulation:
1. Downtown areas - high density land usc
2. Pedestrian malls and auto free zones
3. Transit stations/transit malls
4. Parks and recreational areas
5. Schools / campuses
343000
CUPERTINO PEDESTRIAN TRANSPOKI'ATION FI. AN WILBUR SMITH ASSOCIATES
Page 1 -5
Chapter 2
POLICY FRAMEWORK
RELATION TO CITY GENERAL PLAN
The Cupertino General Plan, Circulation Element adopted in 1993, contains several policies that
support walking and non-motorized modes as transportation. The most pertinent are:
Policy 4-6: Neighborhood Traffic Management
Develop traffic management plans for neighborhoods affected by unacceptable levels of through
traffic. Design these plans based on the concept that commute or through traffic should be
redirected from local residential streets and minor collectors to the freeway, expressway and
.. arterial and major collector streets.
Policy 4-7: Abusive Driving
Continue to study and carry out techniques that discourage abusive driving on local
neighborhood streets, including intensified enforcement of speed laws, enforcement of State
muffler laws and review of traffic management strategies.
Policy 4-8 Reliance on Usage of Private
Promote a general decrease in reliance on private cars by accommodating and encouraging
attractive alternatives.
Policy 4-9 Regional Trail Development
Continue to plan and provide for a comprehensive system of trails and pathways consistent with
regional systems, including the Bay Trail, Stevens Creek Corridor and Ridge Trail. The general
alignment of the Bay Trail, as shown in the Association of Bay ,drea Governments Bay Trail
planning document, is incorporated in the General Plan by reference.
Non-motorized transportation modes could be further encouraged by addressing circulation
impacts under Policy 4-2 Traffic Capacity and Land Use Limitations. Non-motorized modes
should be specifically mentioned under Policy 4-3 Tiered Traffic Mitigation under examples of
aggressive Transportation Demand Management Programs.
POLICY FRAMEWORK
The city continues to evolve and expand upon its General Plan. The CBPAC takes an active role
and has developed a detailed list of goals for the year 2001. A Community Congress was held in
October 2000 to discuss city wide issues and develop strategies to address them. About 140
residents attended this two day workshop and identified eight key issues the city must address in
order to maintain and increase its livability: These issues are: Affordable Housing, Traffic and
Transportation, a "Downtown", Growth and the Environment, Education, Intergenerational
Issues, Community Values and Volunteerism. A smmnazy of the Congress is presented in
Appendix C.
CUPERTINO PEDESTRIAN TRANSPORTATION PLAN WILBUR SMITH ASSOCIATES
Page 2 - 1
POUCY FRAMEWORK
__ GOALS, POLICIES AND ACTIONS
The first step in creating a pedestrian-Friendly city is to have a vision of the future. The
following four goals express this visiou in terms of four major elemeu~s that affect pedestrian
-- issues in Cupertino: 1) land use planning and design, 2) school access, 3) traffic engineering and
4) education and encouragement. Each goal has several policies that are measurable elements to
achieve each goal. Finally, specific action steps have been identified for each objective, where
-- appropriate, that will guide City staff implementing each policy.
Goal I - Implement Pedestrian-Friendly Land Use Planning and Design
Policies:
1. Consider the accessibility and convenience of pedestrians in the planning and design
_ of all transportation projects.
· ~n: Require pedestrian connectivity to all projects.
_ · Action: Encourage mixed-use development to reduce dependency on motor
vehicles for short-trips.
· Action.. Audit the City zoning practices and change those that are in conflict with
-- pedestrian-friendly community goals.
2. All redevelopment areas should be designed as walkable places.
_ · Action.. Encourage irdill housing and transit-oriented development.
· Action.. Give traffic reduction and parking credit for "walkable and transit friendly
developments.
3. Measures that encourage or facilitate motor vehicle access and/or improve motor
vehicle level of service should not be implemented to the detriment of pedestrian
access or safety.
· Actbn.. Provide well-lighted, wide sidewalks along all arterials and collectors and
into all retail, institutional and employer sites.
· Action.. Provide landscaping wherever possible along pedestrian walkways.
· Action.. Prohibit large curb radii and high-speed channelized right turns across
_ crosswalks.
Goal 2 - Encourage and Support Non-motorized School Access
-- Policies:
1. Kids and their parents should feel safe walking to school
· Action.. Support walking school buses
2. Parking policies should discourage the number of people who drive to school
· Action: Support residential parking permits to discourage students from driving to
school
343000
CUPERTINO PEDESTRIAN TRANSPORTATION PLAN WILBUR SMITH ASSOCIATES
Page 2 - 2
POUCY FRAMEWORK
3. Support alternative modes of access to school, since reduced traffic will improve
pedestrian safety.
· ,~·n.' Encourage and support carp··ling to magnet schools.
· Acfl·n: Evaluate the effect of school busing to ameliorate traffic problems at
schools.
Goal 3 - Adopt Traffic Engineering/Planning Practices that are Pedestrian-
Friendly
Policies:
1. Equalize the treatment of motorized and non-motorized modes.in the planning and design of
all transportation and development projects.
· ~*ien: Implement improvements to pedestrian and bicycling even if it causes slight
deterioration in intersection LOS or vehicle mobility.
· ~·n: Include target commute mode shares for non-motorized (walking, biking and
transit access) as part of Circulation Element of the General Plan.
2. Signal timing should consider the needs of non-motorized users
· Action: Mid-block crossings with pedestrian activated signal: Signals should be
responsive to pedestrian use with a lag-time to turn green of no more than ten seconds.
Pedestrian signal phase should timed at no faster than 4 feet per second (fps), and slower
pedestrian speeds of 2.5 to 3.0 fps should be used on schools routes and near senior
centers.
· Action: Troffic signals at intersections - Though traditional intersection level of service
calculations do not assess non-motorized traffic, there are still several things that can
done to improve the quality of the experience for the pedestrian.
- Initial walk t/mc: Thc initial walk time is the "window of opportunity' for the
pedestrian to begin his/her walk across thc street before thc phase tums to
"Flashing Don't Walk." It is recommended that this be a minimum of seven
seconds.
- Assumed walking speed: Typical pedestrian signal phases arc set at four feet per
second. In areas near schools and senior centers, slower speeds of 2.5 to 3.0 fps
should be used.
- Shorter signal cycles reduce overall delay for pedestrians.
- Location of pedestrian push buttons: Signal activation buttons should be
conveniently located and marked with a sign so that they are easy to find.
- Push-button design: Usc push buttons that have a larger surface area that is easier
for elderly and disabled persons to depress. Other designs have a light that
indicates that the detection signal has been received.
CUPERTINO PEDESTRIAN TRANSPORTATION PLAN WILBUR SMffH ASSOCIATES
Page 2 - 3
POUCY FRAMEWORK
_ 3. Transportation Impact Analyses should specifically address the impact of development and
construction projects on pedestrian safety, access and circulation.
· icSon.. Require all transportation impact analyses to address the potential impact of
~ development involving construction/renovation projects on pedestrian safety, access and
circulation.
-- Significance Criteria for Impacts on Pedestrians
To determine if a development involving either a construction or a renovation project would have
-- a significant impact on pedestrian safety, pedestrian access to the area, or circulation through
the area, the following criteria should be considered:
_ 1) Consistency with the General Plan and Other Plans:
Does the project conform to policies and best practices as described in the City's
General Plan or other pertinent adopted plans?
-- 2) Permanent Travel Pattem or Access Changes:
Does the project eliminate any pedestrian facilities or otherwise alter pedestrian
travel patterns due to any change to the roadway, sidewalks or pathway
_ network (including but not limited to permanent roadway or sidewalk
closures; elimination or relocation of sidewalks and crosswalks; elimination of official
or historical easements or short-cuts used by pedestrians) or otherwise affect the
routes pedestrians use to travel as directly as possible from origin to destination
-- with no circuitous travel requirements?
3) Impact on Existing Pedestrian Facilities:
-- Does the project affect the design of any existing pedestrian facility including
but not limited to the width and/or design of sidewalks, roadway shoulders:
bridges/overpasses or tunnels/underpasses?
-- 4) Pedestrian Safety:
Does the project provide new pedestrian facilities that conform to accepted
design standards and guidelines, as promulgated by responsible agencies such
-- as the City of Cupertino, State of California, or AASHTO?
5) Impact on Pedestrian Crossings: Does the project impact the ability to easily and
safely cross the street including the location and design of crosswalks; length of
pedestrian phasing and signal cycle, pedestrian delay at signalized intersections;
crossing difficulty caused by roadway widening, additional turn lanes, elimination of a
median, provision for free right-turn lanes etc.?
343000
CUPERTINO PEDESTRIAN TRANSPORTATION PLAN WILBUR SMITH ASSOCIATES
Page 2 - 4
FOUCY FRAMEWORK
Goal 4 - Implement Safety Education and Encouragement Programs
Policies:
1. Instruct students in safe behaviors as pedestrians and bicyclists.
· 4mon: Teach that riding a bicycle on the sidewalk is hazardous to both bicyclists and
pedestrians, and is illegal except for children 12 years of age and younger.
· Action.. Teach that pedestrians walking on the shoulder of the road should face the
oncoming vehicle traffic (on the pedestrian's left side of the road.)
· Action: Teach that bicyclists riding on the road should ride in ~e same direction as the
vehicle traffic on the right hand side of the road.
2. Encourage walking by public information campaign.
· Action: Install signs that direct pedestrians to pedestrians paths and shortcuts
CUPERTINO PEDESTRIAN TRANSPORTATION PLAN WILBUR sMn'H ASSOCIATES
Page 2 - 5
Chapter 3
EXISTING CONDITIONS AND COLLISION ANALYSIS
EXISTING LEVEL OF WALKING IN CUPERTINO
1990~ census revealed that 2.0 percent of Cupertino residents walk to work, another 1.7 percent
take transit and 0.7 percent bike to work. Of those who live and work in Superdistrict~ 10, 4.7
percent walk to work, 1.2 percent take transit and 2.0 percent bike to work. In terms of car
ownership, 2.8 percent of Cupertino households have no cars.
School commuting data is not recorded by the census. Although the school districts do not keep
records of how students commute to school, a few schools have enough data to provide estimates
of the student mode split. For example, Cupertino High School estimates that twenty-five
percent of their students walk to school while Homestead High School estimates only ten percent
walk to school. Other mode splits are presented in Appendix D.
EXISTING POLICIES, PROCEDURES, AND PRACTICES
The City of Cupertino's existing policies, procedures, and practices that affect pedestrian
circulation and safety were reviewed, along with the policies of other agencies that affect
pedestrian trips such as transit service. The information was obtained by talking with City staff,
Valley Transportation Authority (VTA) staff, and school district staff. In addition, a letter was
sent to the principals of the three Cupertino high schools to determine parking policies and
mode-split data.
These policies affect one of four categories:
· General pedestrian issues (including traffic signals)
· Transit
a School-related
· American with Disabilities Act (ADA)
The existing City policies, procedures, and practices relating to the above categories are
described in Appendix D-Table 3. Since De Anza College is one of the biggest traffic generators
in Cupertino, staff from Wilbur Smith Associates (WSA) met with college officials to learn more
about their parking and commute policies. This information is presented in Appendix E-Site
Specific Recommendations.
EXISTING LOCATIONS OF PEDESTRIAN/ADA DEVICES
The existing locations of traffic control devices that aid pedestrian circulation are depicted in
Figure 2. These are:
I
Unfortunately, 2000 Census mode split data was not yet available at the time this report was published.
2 The nine county Bay Area is divided into 34 supeaxiistricts for planning purposes; Santa Clara County is composed of seven
superdistriets, SD 10 includes Cupertino, Saratoga. Monte Sereno, Los Oatos and parts of Campbell, San Jose and Santa Clara.
343000
CUPERTINO PEDESTRIAN TRANSPORTATION PLAN WILBUR sMrrH ASSOCIATES
Paga 3 - 1
N
t Flashing Beacons
Pedestrian Traffic Control Devices
Figure 2
EXISTING CONDmON$ AND COLUSION ANALYSIS
Adult Crossing Guards
There are adult crossing guards at thc following intersections:
· Bamhart and Tantau · Bubb and Folkstone
· Blaney and Suisun · Bubb and Hyannisport
· Blaney and Merritt · McClellan and Imperial
In addition, there are unofficial parent volunteers who help out during peak times as well as
school safety patrols that help on site. '
In-roadway Flashing Lights
There are new crosswalk warning systems at:
· McClellan at Lincoln Elementary school crosswalk
· McClellan at Orange
Flashing Yellow Beacons
There are flashing yellow beacons at the following locations
· Bollinger near East Estates · McClellan (~ Byme
· Miller near Calle de Barcelona · McClellan w/o Bubb
Wheelchair Detectors
There are wheelchair detectors at the following intersections:
· De Anza and Peppertree · Stevens Creek and Bandle
· Stevens Creek and Stelling · De Anza and Rodriguez
· Stevens Creek and Mary
Audible Pedestrian Signals
Audible pedestrian signals are provided at:
· Homestead at De Anza, Wolfe & DeAnza, Ton'e, Blaney, Portal,
Tantau Wolfe, Finch
· Dc Anza at Mariani, Lazeno,
· Tantau at Pruneridge, Vallco Pkwy Rodrignes
· Wolfe at Vallco, Pmneridge · Stelling at Peppertree, McClellan
· Stevens Creek at: Mann, Orange,
Bubb, Stelling, Saich, Bandley,
EXISTING PEDESTRIAN PROJECTS
In addition to the existing devices, several projects are currently underway in the City. Major
projects are illustrated in Figure 3, and are listed below:
34~000
CUPERTINO PEDESTRIAN TRANSPORTATION PLAN WILBUR SMITH A~OCIATES
Page 3 - 2
I ) I I I I I I I I I I I I I ) I I I
..... ,medead Rd
MarY:~enue: BicYcle' Footbridge'
i · '.. ~.'.r.'" a ,~.'.,,,~...'
~ _ . .,...:~':'....': ~i.~:'i:::!!.~i .~.: :':,.....:..~.: ........ .... '. · .... '..: ..:."'.....=.... ......... ,
_.~.~.' · .
· ' i" .'"'~:'::': '. '..' ''''=' :~' ~'~''~ .." · . ..'
.:T.i~ai:l" ~, .e Cupertino. Traffic Signal
MAJOR TRAIL /PATH PROJECTS
Figure 3,
EXISTING CONDmONS AND COLLISION ANALYSIS
Recently Completed
· McClellan Road School Zone Pedestrian Safety Improvements
· Bollinger Road Sidewalk (east of Johnson)
Feasibility Study Underway
· Stevens Creek Trail
· Union Pacific Railroad Trail
· Mary Avenue Bicycle Footbridge
Projects Under Design
· San Tomas Aquino - Saratoga Creek Trail
· De Anza Blvd at Stevens Creek Blvd Crosswalks Enhancement
· Mary Avenue Speed Table/Crossing
· Lincoln ES, Kennedy MS, Moats Vista HS Traffic Calming Measures
ANALYSIS OF PEDESTRIAN COLLISIONS
Figure 4 shows the leading cause of injuries in Santa Clara County by age group3. Traffic
accidents are the leading cause of hospitalized injuries for ages 21 ~.~.. In other age groups,
traffic injuries are exceeded only by falls. Pedestrian injuries are a significant portion of traffic
injuries, and typically comprise one-quarter of the traffic injuries for all age groups. Therefore
addressing pedestrian traffic collisions will go a long way toward improving the injury rates of
Santa Clara County residents.
Figure 4
Lending Cause of Hospitalized Injuries-Santa Clare County
1000
900
8OO
7OO
6O0
500
4OO
100 J' I
0 , I~1 ~ ,
~falls ~polsonlngs, ,self-inflicted r-~essault/motor vehicle-pedestrian ~Bmotor vehicle- total
~ Cidi~omis gcpsxtmc~t of Health Services, Znjur~ Tabi=, D~at/u ~ Nonf~al
34300O
CUPERTINO PEDESTRIAN TRANSPORTATION PLAN W/L~UII S~41TH ASSOCIATES
Page 3 - 3
EXISTING CONDmONS AND COWSION ANALYSIS
To analyze the cause and locations of pedestrian injuries, the pedestrian collisions as reported to
Statewide Integrated Traffic Reporting System (SWITRS) between January 1, 1997 and
December 31, 1999 were reviewed. SWITRS reports vehicle collisions that result in hljury or
property damage above a certain dollar threshold. Thus, unreported collisions and pedestrian
collisions that do not result in injury are not represented in this analysis. (Although, given the
nature of pedestrian collisions, it is highly like there was an injury. It is not possible to predict,
however, how many of these are settled privately and thus not reported).
In Cupertino, there were 60 reported pedestrian collisions in the three-year period from 1997-
1999. This constitutes 2.2 percent of the total auto collisions (2437) in the same period. In terms
-- of injury, pedestrians incurred 3.7 percent of the injuries involving auto collisions (compared to
6.7 percent of total traffic injuries incurred by bicyclists.) This is somewhat lower than the state
average of five percent as depicted in Table 3-1. While statewide, twenty percent traffic
-- fatalities are pedestrians, there were no pedestrian fatalities in Cupertino during the study period.
Also contrary to state and national data, the vast majority of Cupertino's pedestrian collision
victims had not been drinking.
Table 3-1
Pedestrian Injuries As Percent Of Total Traffic-Related
Location Pedestrians as Pedestrians as
Percent of Total Traffic Percent of Total Traffic
Injuries Fatalities
-- Cupertino I11 3% 0%
California/2/ 5%/2/ 20°/~3/
_ USA/3/ 2% 13%
/1/1997-1999 average;/2/1998;/3/1997
The locations of pedestrian collisions in Cupertino are illustrated in Figure 5. Appendix D
-- contains detailed tables listing the intersections with the most pedestrian collisions and the streets
with the largest number of pedestrian collisions. Approximately half of all pedestrian collisions
occurred within lO feet of an intersection during the study period. About one-quarter took place
-- within 100 feet and the remaining took place more than 100 feet from the intersection. Virtually
all of the collisions at intersections involved a pedestrian crossing in a crosswalk (thirty of the
sixty collisions). Vehicle movement preceding collision is also an important statistical
-- consideration. The most common vehicle movement preceding a collision was the right-hand
turn, which accounted for thirty percent of the pedestrian/vehicle collisions. The most common
primary collision factor for the pedestrian collisions is "Failure to yield to pedestrian in
crosswalk".
Pedestrians were determined to be at fault in one-quarter of the collisions while motorists were at
_ fault in three-quarter of the collisions. One-third of the pedestrian collisions involved children
under age 16, while thirteen percent involved senior citizens. When party-at-fault is considered
in terms of age of the pedestrian victim, it becomes apparent that adults tend to be more careful
pedestrians: eighty-three percent of the adult pedestrians were not at fault, whereas fifty-seven
percent of the child-pedestrians were at fault. This illuslrates that efforts toward pedestrian
education should be targeted primarily towards children and parents of children.
~ 343000
CUPERTINO PEDESTRIAN TRANSPORTATION PLAN WILBUR $MffH ASSOCIATES
Page 3 - 4
~ .r~( N
Number of' Pedestrian Collisions ./-~_..
.~e1
:'e~ Pedestrian 'Collisions lgg? - lggg
.'ill a . ,~ J.,.. ·
.e 4 Figure 5
Chapter 4
NEEDS ASSESSMENT
DESIGN CONSIDERATIONS
Pedestrian design standards are not as fully developed in the field of traffic engineering as are
roadway and bicycle facility standards. However, there are isolated examples of cities with
adopted pedestrian plans and design guidelines, such as Portland, Oregon and Cambridge
Massachusetts. Additionally, the Americans with Disability Act (ADA) has led to the formation
of many guidelines that affect pedestrian facilities. Also, the Santa Clara Valley Transportation
Authority (VTA) is developing a plan that will include guidelines for pedestrian access to transit.
In designing for pedestrian circulation and access, the following issues should be considered. It is
also important to note that there are differences between walking and bicycling in the design of
facilities. These design considerations are listed here to ensure that the differences between
walking and bicycling are taken into account. Appendix F presents Best Practices and Design
Guidelines for Pedestrian Facilities.
Table 4-1
Design Considerations For Pedestrian Facilities
Issue Pedestrian Bicycling
Surface Practically speaking, surface can vary Asphalt or concrete;
considerably fi'om concrete or asphalt to Decorative pavers if
cobblestone to crushed gnmite; installed appropriately but
ADA rules will also apply, are usually cost-prohibitive
Design Speed Typically 2 to 4 mph 20 mph level;
Pedeslrian phasing timed at between 2.5 30 mph w/grade.
fps (1.7 mph) and 4 fps (2.7 mph)
Stopping Distance 5 feet 15 mph: 75 ft.'(level)
30 mph: 260 ft. (5% grade)
Location Sidewalks in urban/suburban areas. Shoulder or bike lane, travel
lane if not. Sidewalk OK if
Shoulder or edge of wadway in rural areas.
age 12 or under
Parking n/a Needed
Grades Stairs OK Stairs not OK-ADA usually
governs - 8.25% maximum
ADA also requires ramps, grade for ramps
CUPERTINO PEDESTRIAN TRANSPORTATION PLAN WILBUR SMffH ASSOCIATES
Page 4 - 1
NEEDS ASSESSMENT
_ Mixed-use trails need special consideration because by definition they accommodate more than
one mode, all with varying speeds: pedestrians, joggers, bicyclists, roller bladers, children on
tricycles, etc. Guidelines for accommodating this mix of users can be found in the Santa Clara
County Uniform Interjurisdictional Trail Design, Use and Management Guidelines. In general,
the more varied the users, the wider the trail should be, with the optimum design being separate
trails for slower users and faster users.
- TOOLS TO ASSESS PEDESTRIAN FACILITIES
Gap Closure/Circulation/Connectivity
-- The first step in planning and designing a transportation network is to ensure that the network is
continuous and does not have gaps and that it serves the major destinations. The assessment of
Cupertino's pedestrian network addresses the following connectivity issues: sidewalks,
-- pathways, and crossing barriers such as arterials and freeways.
Pedestrian Level of Service
-- Pedestrian level of service (LOS) is not as clear cut as vehicular level of service (LOS). While
vehicle LOS is largely based on capacity and delay, in many cases the issue of pedestrian access
is not capacity but the mere provision of a facility. Capacity cannot be assessed unless a facility
- exists to begin with. In addition to access, the issues that affect pedestrians most often, are safety
and delay.
-- The Highway Capacity Manual (HCM) addresses the issue of level of service for numerous
transportation facilities, from urban intersections to rural highways to transit. It should be noted
that standard intersection LOS is solely a measure of vehicular delay and capacity and does not
-- measure the extent to which the intersection accommodates pedestrians or is pedestrian-friendly.
Pedestrian LOS is addressed in the HCM by measuring the capacity of:
· Walk-ways such as sidewalks, pathways or stairs
· Queuing areas such as transit platforms and sidewalk corners at intersections
· Crosswalks at signalized and unsignalized intersections
Note that there is no methodology to calculate the pedestrian LOS at an intersection. Also, these
two strategies address capacity not delay or convenience. Pedestrian volumes at intersections are
-- rarely large enough in Cupertino that capacity becomes an issue. Increasing capacity would
involve such measures as longer pedestrian walk times, wider crosswalks and sidewalks.
Recommendation: Ensure that traffic signals are pedestrian-friendly, (see specific
-- recommendations in Design Guidelines in Appendix F). Additionally, consider the
development of a "Deficiency Index" and a "Pedestrian Potential Index" as utilized by
the Office of Transportation for the City of Portland, Oregon.
Pedestrian Elements in Transportation Impact Analyses
Transportation impact analyses are required as a part of environmental review for new
-- developments. Traditionally, the impacts of new development on pedestrian access, circulation
and safety has been ignored or given a cursory review.
~ 343000
CUPERTINO PEDESTRIAN TRANSPORTATION PLAN W/LBUR SM/TH ASSOCIATES
Page 4 - 2
NEEDS ASSESSMENT
Recommendation: Adopt specific pedestrian criteria that must be addressed in all traffic
impact analyses for new developments or redevelopments. Suggested criteria were
presented on Page 2-4.
PEDESTRIAN PROBLEM AREAS
Public input regarding needed pedestrian improvements was solicited through the Cupertino
Scene. Over a dozen thoughtful responses were received regarding various issues. These are
summarized in Appendix G. The CBPAC also identified numerous problem areas and potential
projects. In addition, Dan Burden, a noted authority of the development of "livable
communities" was invited to Cupertino in 1999. Members. of the'City Council, Public Works
and Bicycle and Pedestrian Advisory Committee accompanied him on his tour of the City.
Appendix H contains a summary of that visit.
Other Pedestrian Access/Circulation Deficiencies
The following locations have been identified by either the Cupertino Bicycle and Pedestrian
Advisory Committee, the consultant or members of the public as areas needing improved
pedestrian access or safety enhancements.
1. Vallco Fashion Park: Improve access
from residential streets, including. Wall prevents pedestrian access to Vall~o Fashion
Merritt, Amherst and Wheaten via a
gate or an opening in the fence, and
improve access from arterials by
providing covered walkways that are
landscaped and inviting to pedestrians
2. Target and Mervyns: More pedestrian
friendly connection between the two
shopping centers, including
pedestrian-friendly crossing of
Stevens Creek at Saich
3. Intersection of Stevens Creek at Bubb
· Pedestrians are intimidated by
right turning northbound to
eastbound traffic on a red light
· Stevens Creek is a wide street that requires up to 23 seconds to cross
4. Bubb at Caltrans Maintenance Yard
· Bus stop needed
· High traffic speed on Bubb
· Pedestrians need to cross Bubb to access work locations on both sides of the street
5. Bubb at McClellan
· High congestion level due to elementary, middle school and high school
CUPERTINO PEDESTRIAN TRANSPORTATION PLAN WILBUR SMITH ASSOCIATES
Page 4- 3
NEEDS ASSESSMENT
-- 6. Mervyns Crossroad's Shopping Center: Pedestrian friendly site design needed to connect
Fontana's at the west end and Starbucks at the east end
?. De Anza College at McClellan: Need pedestrian entrance at southwest comer of campus
8. Pedestrian bike trail on western perimeter of De Anza College campus
9. The Oaks Shopping Center at Stevens Creek and Mary
-- * Integrate with Memorial Park by providing high visibility crosswalk and/or median
pedestrian refuge
_ · Roundabout at Ma~/and entrance to Memorial Park
10. School pedestrian connections between Lincoln Elementary School and Monta Vista
High should be resurfaced and the bollards improved
l 1. Freeway interchanges need modification to created a friendlier pedestrian crossing
12. Traffic light timing needs to be lengthened to permit pedestrian crossing on Stevens
_ Creek at De Anza
Sidewalk Survey
-- The City conducted a survey of the presence or absence of sidewalks on the collectors and
arterials in Cupertino. The locations where there are gaps in the sidewalks are presented in
Figure 6. The streets with missing sidewalks are listed below. The City will be developing a
-- schedule to construct sidewalks in these locations.
· Homestead · Tantau
-- · Stevens Creek · De Anza
· McClellan · Stelling
-- · Bollinger · Bubb
· Pruneridge
_. · Foothill
· Vista north of Stevens Creek
-- INSTITUTIONAL BARRIERS TO WALKING
In addition to physical infrastructure for pedestrian travel, such as sidewalks and pedestrian
signal phasing, there are many other impediments to walking as a transportation mode. Many of
these do not fall under the pm'view of the City of Cupertino, They nevertheless contribute to a
resident's choice of a transportation mode, either as a disincentive to walk or as an incentive to
drive. These ~re listed below and are included in this plan so that in future policy actions, the
-- City can consider all the factors that affect the decision to walk. Where the City can take steps,
either as policy or as a more concrete action step, a recommended action has been listed.
CUPERTINO PEDESTRIAN TRANSPORTATION PLAN WILBUR SMITH ASSOCIATE~
Page 4 - 4
Location of Sidewalk Gaps
Figure ~
NEEDS ASSESSMENT
Planning, Land-Use Patterns and Zoning
Connectivity: Eliminate practice of separating residential and retail land uses
Recommendation: Requ/rc pedestrian connectivity to all projects.
Recommendation: Encourage mixed-use development to reduce dependency on motor vehicles
for short-trips.
Long Commute Distances to Work
· Recommendation: encourage infill housing and transit-oriented development.
Lack of Attractive Walking Routes
· RecOmmendation: provide well-lighted, wide sidewalks along all arterials and collectors
and into all retail, institutional and employer sites. Use light standard designs that
illuminate more of the sidewalk.
· Recommendation: Provide landscaping wherever possible along pedestrian walkways..
Recommendation: Prohibit large curb radii and high-speed channelized right tums across
crosswalks.
Schools: Magnet Schools
· Recommendation: Encourage and support carpooling to magnet schools.
Traditional Focus on Mobility of Motorized Traffic
· Recommendation: Equal treatment of pedestrian issues in planning and design of all
transportation and development projects.
· Recommendation: Evaluate the Wade-offs of the improvements to pedestrian and
bicycling when it causes deterioration in motorized traffic LOS or mobility.
Cost of Driving
Cheap Gas- Gasoline prices have risen very slowly
over the last thirty years compared to other consumer m
products. In fact, gasoline prices until recently have
been the cheapest in history. See Figure 7. -
Free Parking - With free parking such as at ~lS0
shopping malls and employer sites, the marginal cost
of driving is, for all practical purposes, only the price
of the gasoline, which is only about five cents per
mile. In areas with parking meters, the cost is about
$0.75 per hour. At most Caltrain stations, the cost to 0
Figure 7- Historical Gas Prices
1918-1998
~43000
CUPERTINO PEDESTRIAN TRANSPORTATION PLAN WILBUR SMITH ASSOCIATES
Page 4 - 5
NEEDS ASSESSMENT
Relatively Inexpensive C. rs- Cars have had the lowest .---
price increase of all consumer products in the last thirty '"''"
years. See Figure 8. Access to an automobile has a high
correlation with the decision to drive, as the marginal
cost of using the automobile is very low. This is
particularly applicable to the use of cars by teenagers
who are often given use of the "extra" family car by
Transit Access Mode
Infrequent Tmmit Service - Long headways arc
inconvenient to users and often mean that driving is
much more convenient, m -.,
Recommendation: Support bus passes for De Anza
W~lV&
College students, which could be funded with a '"'"
surcharge of all students in order to pay for additional
transit service. Such a program is currently underway at ,
UC Berkeley in connection with AC Transit service.
Encourage the VTA to provide volume discounts for Fig,,re 8- Change in the Price of
students at high schools and De Anza College through Gasoline and Other Constttner Goods
ECO Pass. 1967-1997
Inconvenient Bus Routing - Bus routes that are far apart or mutes that require transfers are a
disincentive to using the transit system.
Recommendation: Encourage and investigate a local shopping shuttle with frequent service to
serve Stevens Creek Boulevard from the Cupertino Post Office to Vallco Fashion Park including
stops at De Anza College. An open cable-car style design would be more appealing than a bus,
and would facilitate easier boarding and deboarding.
Lack of pedestrian amenities - lack of bus shelters, lighting, safe mutes to stops are another
disincentive to using transit.
Recommendation: Work with VTA and site owners to provide safe well-lit access to all transit
stops.
HEED FOR FURTHER STUDIES
This plan is just the first step in a multi-year process to improve the safety and mobility of
pedestrians in Cupertino. More detailed studies both planning and preliminary engineering will
be needed before many of the recommendations can be implemented. For example, while this
plan evaluated three specific sites, there are many more throughout the City that could be
analyzed and redesigned to be more pedestrian friendly. While too numerous to list them all, the
following lists the CBPAC priorities for future studies to begin the process of transforming
Cupertino to a more walkable and livable community. In fact one of the first steps is to do
CUPERTINO PEDESTRIAN TRANSPORTATION PLAN WILBUR SMITH ASSOCIATES
Page 4 - 6
NEEDS ASSESSMENT
_ economic research to determine the candidate sites that show the most promise to be redeveloped
into pedestrian-friendly development.
Land Use/Redevelopment
· Citywide inventory for opportunities to promote pedestrian- friendly retail
_ , Village-mixed-use development: Economic development research to identify most likely
sites to redevelop as pedestrian friendly retail
· Development of a Downtown Town Center: Economic development research to identify
-- most likely sites to redevelop as pedestrian friendly downtown town center
De Anza College Site Specific Studies
· Develop Transportation Demand Management (TDM) plan for college students
· Redesign campus entrances to facilitate pedestrian access
Traffic Calming
-- Traffic calming provides many benefits to pedestrians and to the creation of livable
neighborhoods. While this study does not include overt traffic-calming elements, such measures
are compatible with a pedestrian-friendly community.
-- Traffic calming and slower traffic enhances pedestrian safety by:
· Decreasing the chances of a car-pedestrian collision;
-- · Reducing the severity of injuries should a collision occur;
· Making it easier and less intimidating for pedestrians to cross streets.
~- Traffic calming and slower traffic encourage more walking and bicycling by improving the
ambiance of the neighborhood and more livable streets by:
· Producing less traffic noise; and
· Reducing the level of air pollution.
3~a000
CUPERTINO PEDESTRIAN TRANSPORTATION PLAN WILBUR SMITH ~SSOCIATES
Page4 - 7
- Chapter 5
RECOMMENDATIONS AND IMPLEMENTATION PLAN
INTRODUCTION
This chapter presents the implementation plan for the recommended pedestrian projects and
improvements for the City of Cupertino. It first describes the components of implementation
including the general process for turning the projects from a plan into actual improvements. The
-- prioritization criteria are then presented followed by a list of prioritized projects, recommended
programs and the identification of likely funding sources.
-- PROCESS
The projects in this plan could be implemented incrementally in a variety of ways. Many
projects will be incorporated into the Capital Improvement Program (CIP) process and will be
implemented as CIP projects get funded. Other recommendations could be implemented as part
of the City's regular maintenance and operations practices and sidewalk program. Development
and redevelopment in some areas of the City could present the opportunity to pwvide pedestrian
-- connections and implement other recommendations of this plan. Finally, outside funding may be
obtained to finance the design and construction of other projects, improvements and programs.
The most likely funding sources are addressed in the last section of this chapter.
RECOMMENDED CAPITAL PROJECTS
Thirty-six recommended pedestrian projects have been identified that would impwve pedestrian
-- connectivity and safety through the City. These fall into five categories:
· Pedestrian Circulation/Safety Projects
-- · Improvements to Help Pedestrians Cross Streets
· Missing Sidewalks
- · Short-cuts/Pathways/Bridges
· Traffic Calming / Bike Lanes
These 36 projects are listed in Table 5-2 beginnir~g on page 5-3. These projects have been
prioritized into high, medium and low categories, which will help the City staff focus their
-- efforts on the projects of most impotence. The location of some of these projects are depicted in
Figure 9.
PRIORITIZATION CRITERIA
Before any projects can be implemented, the numerous projects identified in this plan must be
prioritized. An objective set of criteria is essential to avoid controversy among various project
-- proponents as well as to efficiently respond to funding applications. The prioritizafion criteria
presented below were derived from criteria specified by various funding sources as well as input
CUPERTINO PEDESTRIAN TRANSPORTATION PLAN W~LBUR SMITH ASSOCIATES
Page 5 - 1
The O'al<SShopPing. · C'e."'nte~
Rq~d.
Recommended Pedestrain ProJects
Figure 9
RECOMMENDATIONS AND IMPLEMENTATION PLAN
from the CBPAC and staff. The criteria used for TDA grants, which can fund both bicycle and
pedestrian projects, is presented below as background' information to the presentation of the
prioritization criteria used in this study.
Transportation Development Act Article 3
The Melropolitan Transportation Commission 0WI'C) processes each county's TDA applications
-- but gives great leeway to each county to prioritize their own projects. Thus, MTC does not apply
criteria directly to the TDA projects. However, its application sheet identifies the following
evaluation criteria:
· Elimination of problem areas;
· Access to or bicycle parking in high activity areas;
-- · Bicycle/transit or pedestrian/transit use;
· Continuity of longer routes; and
-- · Local support.
CITY OF CUPERTINO PRIORITIZATION CRITERIA
-- Five main categories were used in prioritizing the pedestrian projects. Two of the categories are
subdivided resulting in a total of seven areas. Each area is scored on a three-point scale from'
High, Medium and Low. Safety and connectivity have two subcategories; the net effect of this is
-- that safety and connectivity are weighted more than demand or commuting which have only one
sub-category. The five main categories are:
· Safety- Safety for all users of the system is paramount. Projects that directly or indirectly
-- improve safety are rated higher than others.
· Connectivity - Connectivity is important and pwjects that enable direct travel and that
_ serve the most numbers of bicyclists are rated higher than others.
· Demand- Projects which serve a greater number of pedestrians should be rate higher than
others.
· Commuter/Transportation Trips - Projects which will be used primarily for transporta-
tion should be rated higher than those used primarily for recreation.
_ · Local Support - Routes which have demonstrated local support are rated higher.
The specific prioritization criteria for these five categories are presented on the next page in
Table 5-1. The consultant rated each of the projects High, Medium or Low, using these criteria
as a guide. As projects are implemented and as future conditions change, it is anticipated that the
City and CBPAC will revisit these priorities and revise them as needed. The prioritized ratings of
all the projects are presented below in Table 5-2. Appendix I contains the individual ratings for
each project against each of these criteria.
3~3Q00
CUPERTINO PEDESTRIAN TRANSPORTATION PLAN WILBUR sMmg.4.~OCIATES
Page 5 - 2
RECOMMENDATIONS AND IMPLEMENTATION PLAN
Table 5-1
Prioritizafion Criteria
Improves safety
1. Project to reduce exposure to high vehicle volumes or high speed.
2. Improves routes or locations with high accident history.
Improves connectivity
3. Closes gap between two streets or otherwise reduces/eliminates circuitous Iravcl.
4. Links with pedestrian facilities such as Wansit or in other jurisdictions.
Serves High Demand
5. Improves mutes with high existing or potential pedestrian traffic.
FaciEtates commuter/uffiitarian trips
6. Directly serves atUactors/ganerators, including employment sites, elementary, middle and high schools, and
shopping centers.
Local Support
7. Has special significant local support or is of particular interest to a community organization as measured by
letters or citizen's attendance at public meeting.
Projects should be re-rated periodically to take into consideration new information, now funding sources, set-asides,
updated accident sta#stics, etc. The ratings of most projects will not change but new circumstances may affect the
ratings of some routes, and these should be taken into account
Table
Locations Needina Pedestrian Improvement
I
I
Location [ Description of Proposed Improvement [ Priority
Pedestrian Circulation/Safety Projects
1. Vallco Fashion Park Improve access from Stevens Creek such as a Low
covered landscaped walkway that is inviting for
pedestrians.
2. Intersection of Bubb Right turn on Red NB to EB - intimidates pedestrian Low
at Stevens Creek crossing, wide long crossing of Stevens Creek.
3. Bubb at McClellan High congestion level due to elementary, middle High
school and hip.~ school.
4. Mervyns Crossroads Pedestrian friendly site design needed to connect Low
Shopping Center Fontana's at the west end and Starbucks at the east
end.
5. DeAnza College at Provide pedestrian entrance at southwest comer and High
McClellan sidewalks along the perimeter road.
6. The Oaks Shopping Integrate with Memorial Park - connect with high Medium
Center at Stevens visibility crosswalk and/or median pedestrian refuge.
Creek and Mary Roundabout at Mary / Memorial Park entrance.
$430OO
CUPERTINO PEDESTRIAN TRANSPORTATION PLAN. WILBUR .SlViffH ASSOCIATES
Page 5 - 3
RECOMMENDATIONS AND IMPLEMENTATION PLAN
Improvements to Help Pedestrians to Cross Streets
1. All Freeway Modifications needed to be more pedestrianMedium
- interchanges friendly such as reducing the radius to slow speeds,
preventing right roms on red.
_ 2. Stevens Creek at Saich More pedestrian friendly connection between the High
connecting Target and two shopping centers, including pedestrian-l~iendly
Merv~.s crossing of Stevens Creek at Saich.
-- 3. Bubb at Caltrans Pedestrian cwssing for Ciena Company to cross Medium
Maintenance Yard high speed Bubb.
4. Bollinger midway Investigate the possibility of crosswalk with in High
between Blaney and pavement flashers or a four-way stop sign at
Miller Bollinger and Alderbrook.
-- 5. McClellan at Oran~ze Install a traffic signal. Medium
6. Homestead at Forge Provide crosswalk on east side. Medium
Recommended Sidewalks
1. Stevens Creek at Bret Construct sidewalks. Medium
2. De Anza in front of Construct sidewalks. Medium
-- Yarnagami Nursery
3. De Anza between Construct continuous sidewalk. High
Homestead and Stevens
Creek
4. The east side of Bubb Construct sidewalks. High
-- from Columbus to
Kennedy Middle School
5. West side of Stelling at Construct sidewalks. Medium
-- Rainbow
6. East side of Stelling, Construct sidewalks. High
_ north of the Armenian
Church
7. East side of Stelling, Construct sidewalks. Medium
-- north of Jollyman Park
8. Citywide Improved sidewalk maintenance to eliminate trees Medium
or shrubs hang over sidewalks as well as upheavals
and uneven sidewalks
3,000O
CUPERTINO PEDESTRIAN TRANSPORTATION PLAN WILBUR SMffH ASSOCIATES
Page 5 - 4
RECOMMENDATIONS AND IMPLEMENTATION PLAN
Shortcuts/Pathways/Bridges
1. Vallco Fashion Park Improve access from Men'itt, Amherst and Medium
Wheaton via a gate or an opening in the fence.
2. Western perimeter of Pedestrian-bike trail through De Anza College site- High
De An~.a College site along west edge to connect Stevens Creek to
McClellan.
3. Maintenance road on Open the existing maintenance road on Regnart Low
Regnart Creek between Creek between Pacifica and Rodriguez to
Pacifica and Rodriguez. pedestrian/bicycle traffic.
4. Southeast comer of the Provide pedestrian access through the fence at the Low
Longs Drag Store/Orchard southeast comer of the Orchard Valley property to
Valley property connect the comer of Richwood and E. Estates to
the Longs Dru~/Orchard Valley shopping center.
5. Railroad tracks from Improve pathway by grading and providing all- High
Prospect to Stevens Creek weather surface..If a hard surface (concrete or
Blvd. -west side asphalt) is provided, leave a softer surface for
joggers and walkers.
6. The walkway between Extend pathway through Lincoln's parking lot High
Lincoln Elementary and repave, improve bollard design, and improve the
Monte Vista High School overall ambiance to encourage walking to school
from McClellan to
Presidio
7. Miramonte to the Deep Provide pathway ( formerly present) to connect the High
Cliff Golf Stevens Canyon Road area, San Juan
8. Miramonte to Stevens Provide a pedestrian path Low
Creek Park.
9. Blackberry Farm Provide an entrance from the trails behind Low
McClellan Ranch
10. Existing Existing openings need improvements to better Low
diverters/barriers on accommodate pedestrian/bicycle access and for
Orange at Granada, on ADA
Olive between Imperial
and Pasadena, and on
Festival Drive along
Route 85.
11. Phar Lap/Mann Build pedestrian bridge across Stevens Creek to High
neighborhood across improve access to Stevens Creek Elementary
Stevens Creek School
343OOO
CUPERTINO PEDESTRIAN TRANSPORTATION PLAN WILBUR SMITH ASSOCIATES
Page 5 - 5
RECOMMENDATIONS AND IMPLEMENTATION PLAN
- 12. Miller and Bollinger- Reinstate opening at end of La Roda cul-de-sac for Low
small center with thc Tin- pedestrians
Tin market
13. De Anza Blvd at Create an opening in the wall that backs up onto Low
telescope store by cul-de-sac for pedestrians
Cigarettes Cheaper
Traffic Calming
Pasadena and Orange [ Add road humps [ LOw
RECOMMENDED EDUCATION AND ENCOURAGEMENT PROGRAMS
-- Proposed Education and Encouragement Programs are listed in Table 5-3.
Table
Recommended Education and Encouragement Programs
Publicize safe walking For example, local streets connect to Varian Park. From there you
-- routes, can access Stevens Creek. If parents realized that their kids didn't
have to be on a major street most of the way to school, they might
be more willing to consider lettin~ them walk or bike
Solicit more public input Ask the students for input on making their neighborhood a safer
place to walk or ride their bikes.
_ Research Compare and contrast other school and neighborhood communities
(in or out of the Bay Area) with similar pedestrian/bicycle traffic
problems and patterns.
-- Citywide Educate everyone on how to share the road
Citywide Adopt zero tolerance for red light runners
-- Citywide Incorporate traffic safety into Sheriff's DARE program and
neip. hborhood watch outreach efforts
CUPERTINO PEDESTRIAN TRANSPORTATION PLAN WILBUR SMITH.&.SSOCIATE$
Page 5 - 6
RECOMMENDATIONS AND IMPLEMENTATION PLAN
IMPLEMENTATION AND FUNDING
As stated earlier, the implementation of these projects will take place incrementally over the next
ten to twenty years. Construction costs vary considerably depending on the size of the job, the
location, and whether it is a stand-alone project or built in conjunction with a roadway project.
For example a simple crosswalk with two parallel 12 inch solid white lines could run from $500
to $1000 per location whereas a crosswalk combined with a speed table and/or in-wadway
flashing lights can run $20,000 per location, depending on the design. Since there are so many
variables to consider, the total cost of implementing these projects is difficult if not impossible to
estimate. The costs will be estimated on a pwject-by-project basis and submitted for grant
funding where appropriate. Traditional grant funding sources for pedestrian projects are
described below.
Traditional Funding Sources
This section outlines the most probable .funding sources to implement the recommended
pedestrian projects. While some funding sources are dedicated to the City, many are
competitive. The City's General fund also routinely funds some pedestrian projects such as
sidewalks. Also, the City of Cupertino receives funding for wadway pwjects that can be used to
implement some of the pedestrian projects identified in this Plan. The most likely grant funding
opportunities for pedestrian improvement projects in Cupertino are listed below along with the
due date of the grant application and past projects that have been funded:
Potential Funding Programs
· Transportation Development Act - Pedestrian or Bicycle projects - December 31
· Highway Bridge Replacement and Rehabilitation - anytime
Bollinger Road (Calabazas Creek) bridge (spring 2002 construction)
· Pedestrian Safety Program- May 22
De Anza Blvd at Stevens Creek Blvd
De Anza Blvd at Bandley Ave
· Safe Routes to School Program - May 22
Sedgwick Elementary School, Hyde Middle School, Cupertino High School
· Transportation Funds for Clean Air ~- June 30
· Local Streets & County Roads Program (VTP -2020) - Summer
a Transportation for Livable Communities
Pending Grants
· Traffic Safety Concepts Program- Speed
· Environmental Enhancement & Mitigation Pwgram - San Tomas Aquino-Saratoga Creek
Bicycle Facility Improvements
· Bikes Belong Coalition -Monta Vista High Bicycle Parking $10,000
· City-Wide Bicycle Parking Facilities $51,789.
343OO0
CUPERTINO PEDESTRIAN TRANSPORTATION PLAN WILBUR SMITH ASSOCIAT~
Paga 5 - 7
- Appendix A
LOCATIONS OF APPROVED
- AND PENDING DEVELOPMENTS
-- Table A-1
Approved and Pending Developments
Approved Developments:
-- City Center - 6,775 SF retail, 206 apartments
Kiml~ton Hotel - 224 hotel rooms
Andronico's - 32,160 SF retail
-- Adobe Inn - 77 hotel rooms
Hewlett-Packard Campus - 293,780 SF office, R&D
P.J. Mulligan's - 5,600 SF retail s~ace, SF 46 condominiums
-- Oak Valley - 178 homes
Market Place - 10,400 SF offices, 27,800 retail
Cupertino Community Services - 24 al~artments, 5,000 SF office
-- plaZa Cupertino (Vallco Fashion Park Redevelopment) - 439,014 SF retail, 10,000 SF restaurant
- 318 hotel rooms, 16 screens
City Public Library - 32,000 SF
Pending Developments
SummerHill - 34 townhouses
_ Civic Park (Town Green) - 275,000 SF commercial office, 60,000 SF medical office, Town
Center 10,000 SF retail, 230 apartments
Villa Serra - 924 apartments
_ De Anza College Expansion - 7,000 students by year 2010 from 25,000 to 32,000
Compaq Computer Campus - 750,000 SF office R&D, 19,500 SF retail, 400 apartments
Cupertino Gateway - 33,000 SF office, 4,000 SF restaurant, 1,200 SF meeting space, 20 units
townhouses.
CUPER~NO PEDESTRIAN TRANSPORTATION PLAN WILBUR SMITH ASSOCIATES
Page A:I
- Appendix B
MODEL COMMUNITIES
MODEL COMMUNITIES
There arc numerous examples of communities that have exemplary design in terms of being
pedestrian-oriented and extremely walkable. Any city founded and developed before the advent
_ of motorized transportation had a central core and outer neighborhoods that were developed
when the primary mode of transportation was walking. These include large bustling cities such
as London, Paris, Boston and Philadelphia as well as the small towns idealized in 1950's movies
and television shows such as "Andy Griffith" or "It's a Wonderful Life". Travel between the
different types of land uses was (and is) possible by a variety of methods (walk, bicycle, transit,
taxi) in addition to the privately-operated auto. Towns that have retained that "small town
charm" are now often popular tourist destinations, such as Charleston, South Carolina;
-- Pacific Grove, and Cannel, California.
Closer to home, we fred that the communities of Los Gatos and Palo Alto were built along these
-- . same "traditional" lines, with a downtown containing a mix of land uses - office, retail, and
residential, surrounded by single family homes within easy walking and biking distance. While
plenty of parking is provided, the commercial sites are clustered so that there is a town center, a
-- place for community-oriented buildings and public events. The downtown helps promote a
feeling of community. These towns have thriving downtowns despite the proximity of large
regional shopping centers.
New communities that are being built with the traditional patterns are referred to as "neo-
traditional" or "traditional neighborhood design." Examples include Celebration and Seaside in
-- Florida; Columbia, Maryland and Mashpee Commons, on Cape Cod. The designers of the neo-
traditional towns draw from a variet~ of heritages, heavily influenced by geography, climate, and
other characteristics of the location.' For example, architects Duany and Plater-Zyberk describe
_ Riverfront, a 100-acre development of houses, offices, and shops south of Manchester,
New Hampshire, thusly: (our model is the New England town at its most cranlo~ and
idiosyncratic.) However, in Friday Mountain, a $50-acre town southwest of Austin, Texas, the
dimensions are distinctively Teocan, with streets and squares much broader than those in the
East. Trees planted in rows, not in the irregular clumps that most landscapers favor, will break
up the big open spaces and generate a sense of enclosure for the community.
"Good streets have places to walk with leisure and safety. They are
where you can meet people, they invite you to do that. The best streets
_ are comfortable. They are shady when it's hot/they offer sun when it's
cold. They minimize the wind. ' Alan Jacobs
I Langdon, Phillip, A GoodPiace to Live, Atlantic Monthly, March 1988.
343000
CUPERTINO PEDESTRIAN TRANSPORTATION PLAN W1LBUR ~MffH ASSOCIATES
Page B - 1
MODEL COMMUNmEs
What do these new communities and older towns have that typical suburban sprawl does not?
The main differences between Traditional Neighborhood Design CrND) and typical suburban
sprawl are:
1. Typical suburbs have no connectivity between the residential neighborhoods and the retail
areas. Land uses are geographically as well as physically separated by impervious fences,
high speed arterials and freeways.
2. In suburban retail areas, there is a sea of parking lots to traverse such that a shopper at one
store will drive to a store on the opposite side of the street.
3. TND communities are pedestrian scale with designed-in pedestrian connections.
Furthermore, TNDs are designed so that children can walk to school. The National
Transportation Survey revealed that nationwide the number of children who walk or bike
to school has fallen from 42 percent in 1969 to less than 15 percent in 1995, a tragic result
of thc prevalence of suburban sprawl development.
4. The nco-traditional concept has many small streets rather than circuitous collectors and
large arterials. This improves the mobility for those of all ages but especially children and
people who walk and bike. Children can travel throughout their neighborhood and go to
school never using a single intimidating six-lane arterial. This type of development further
increases the likelihood that their parents will feel safe allowing them to transport
themselves to other places as well: to their friends' houses, the soccer field, movie theatres
and the ice cream store.
5. Land use mix, residential density, traffic engineering, and the architectural design of the
homes all contribute to the distinctiveness of the TND developments. The traffic
engineering features are discussed in the following section on Best Practices.
One example of how neo-traditional design can reverse this trend is from
Columbia, Maryland. In Columbia, the size of residential areas was
determined primarily by the number of households needed to support an
elementary school. The Rouse Company, as developer, insisted that within
a block of the school there be a swimmingpool, a community building, and
a convenience store, and thatpeople be able to walk or bike to these
facilities without crossing any major streets. Three to five neighborhoods
made up a village, which offered more facilities, including a supermarket, a
bank branch, and other businesses - also accessible by the community's
forty-seven miles of walking and biking paths, as well as by car.:
2 Philip Langdon, The Atlantic Monthly September 1996.
CUPERTINO PEDESTRIAN TRANSPORTATION PLAN WILBUR SMffH A$$OC. IAT~$
Page B - 2
- Appendix C
CUPERTINO COMMUNITY CONGRESS
About 140 residents and community leaders attended the two-day Community Congress in
October 2000 to anticipate city issues before they become troublesome. Participants also talked
-- about significant events that have shaped the Cupertino community so far.
Through large and small discussion groups, the following eight issues were found to be the top
challenges in Cupertino today (listed in random order; details below): The city council will
-- review these issues and consider them for future goals.
Affordable housing
-- Traffic and transportation
A "Downtown"
Preserving the enVironment and managing growth
-- Education
Intergenerational issues (involving seniors and young people)
Preserving community values
_ Increasing volunteerism in the community
This appendix contains the full summary of the Cupertino Community Congress for the issues
_ relating to pedestrian transportation safety. For a list of other issues contact Laura D. Lee at 777-
3331.
Issue #1
HOUSING
How will this Issue Affect Cupertino's Sense of Community,?
· High prices driving people out
· .Reduces community commitment and character
· Scarcity of place for children, seniors, teachers, and police
· Monster home problem-Planning the extent of change needed
What Challenges and Opportunities does this issue present?
· Challenges
-- - Collaborate with other cities in surrounding areas
- Affordable housing for "special needs" people
- High-density housing will pose other problems (transportation, school buses, infrastructure)
Who Should Do What, With What Resources?
· Pay more to teachers, dormitory style housing possible
-- · Industries moving in used as resources for housing
· Property owners for new units to accept BMR vouchers for affordable housing
What Should be Done First?
· Provide affordable housing
· Give company stocks to teachers
CUPERTINO PEDESTRIAN TRANSPORTATION Pr. AN WILBUR SMITH ASSOCIATES
Page C - 1
CUPER11NO COMMUNITY CONGRESS
· Promote in-law suites
· City workshops to train people to rent out spaces
· Create attractive alternative housing for seniors
Issue #2
TRAFFIC AND TRANSPORTATION
How will this Issue Affect Cupertino's Sense of Community?
· Street closures (De AnTa cutoff)
· Enforcement of violations
· Aging of residents and disabled pedestrians
· Bus stops hard for residents to access
· Cross lights change too quieldy
· School District discontinued school buses and parents afl.aid to let kids walk to school
What Challenges and Opportunities does this issue present?
· Challenges
- Pedestrian crosswalks are not used and expensive
- Lengthen crosswalk time at traffic lights
- School bus system
- Traffic lights (change traffic flow and better connections)
· Opportunities
- Safety for pedestrian crossing
Who Should Do What, With What Resources?
· A Shuttle subsidized by businesses and grants
· Law enforcement: better use of time, warning letters, and mobile radar speed trailer
· City Council: sets budgets for Sheriffs and new signals
· Volunteers to walk kids to school
What Should be Done First?
· Enforcement
o Photo tickets
- Red light runners
- Rapid punishment
- Build reputation: do not speed in Cupertino
· Safety for pedestrians
- Pedestrian and cyclist friendly community outlook
· Alternative transportation
- Bus service
- Bus stops
- Accessible to all Cupertino
- Test-trolley holiday on Stevens Creek
CUPERTINO PEDESTRIAN TRANSPORTATION PLAN WILBUR sMm. f ASSOCIATES
Page C. 2
CUPEmNO CO~U~UN~ CONG~SS
_ Issue #3
DOWNTOWN
How will this Issue Affect Cupertino's Sense of Community?
_ · By unifying cultUres and generations · By providing learning opportunities through social interaction and cultural festivities
· By providing a relaxing atmosphere
· By expanding transportation opportunities beyond driving
· By adding value to public transportation
· By strengthening the sense of identity
-- What Challenges and Opportunities does this issue present?
· Deciding what it will be made up of (retail/park?)
· Deciding it's future location
-- · Finding transportation to downtown
· Bring a sense of identity and community
· Provide a place to spend free time
-- · Changing our attitude to adjust for density and accept thc downtown
·Deciding who has responsibility at which stage of the process
-- Who Should Do What, With What Resources?
· City Council needs to take a leadership role
· Initiate partnerships of developers and the city
-- · Areas to develop: Vallco, Compaq, old Office Building
· Evaluate current facilities for why they are not working
· A new community commission
-- · Possible way to go: multiple tracks brought together by landscape
What Should be Done First?
· Examine old/new facilities,to decide why they do and do not work
· Council should £malize a few ideas and their costs
· Community forum to decide
_ · Consultants to decide what builds atmosphere that fits community goals
Issue fi4
PRESERVING AND STRENGTHENING COMMUNITY VALUES
How will this Issue Affect Cupertino's Sense of Community?
· Safety
· Commitment to parks and open space
-- · Belonging creates inclusiveness, ownership, and sense of tradition
Who Should Do What, With What Resources?
-- · All residents need to educate themselves and engage in the life of the community
· Agencies/Leadership seek newcomers and educate them about community values
· Institutional outreach using existing infrastructure
343700
CUPERTINO PEDESTRIAN TRANSPORTATION PLAN WILBUR SMffH ASSOCIATES
Page C - 3
- Appendix D
EXISTING CONDITIONS
EXISTING WALKING MODE SPLIT
The school districts do not keep records of how the students commute to school. A few schools
have enough data to provide estimates of the mode split. For example, at Cupertino and
Homestead High Schools, the mode splits are estimated to be as follows:
Table 1
High School Mode Splits
Cupertino High. Homestead High
Drive Alone: 20% 15-20%
Carpooh 10% 5%
Bus: 10% 5-7%
Walk: 25% 10%
Bicycle: 10% 3-5%
Dropped off/picked up: 25% 60%+/-
The City conducted a one-day spot check of the travel modes of the three schools clustered on
McClellan/Bubb in November of 1999. While not a definitive count of all the students, it
reflects the mode that could be observed from one location. See Table 2. The proportion of
students observed walking to school was 29 percent at the elementary school, increased to 37
percent at the middle school and fell to 11 percent at the high school. Bicycling was observed to
be used by five percent of the elementary school students, 6 percent of the middle school
students and only 2 percent of the high school students. Access by car was observed to be
around 60 percent for both the elementary school and the middle school, but jumped to 86
percent for the high school. The latter was composed of 5? percent as passengers, 29 percent as
drivers. Clearly, driving to school replaces biking and walking for many high school students.
Table 2
Spot Count - AM Peak Period
Student Travel Mode-Three Cupertino Schools
Number of Students Auto Student
_ by Mode of Travel Bused Passenl~er Driver Walked Biked Total
Lincoln Elementary 11 194 N/A 88 15 308
School 4% 63% N/A 29% 5% 100%
Kennedy Middle 4 458 N/A 300 4'/ 809
School <1% 5'/% N/A 3?% 6% 100%
Monta Vista High 0 243 125 47 9 424
School 0 57% 29% 11% 2% 100%
Source: City of Cupertino, November 1999.
343OO0
CUPERTINO PEDESTRIAN TRANSPORTATION PLAN WILBUR SMITH ASSOCIATES
Page D - 1
EXISTING CONDmON$
EXISTING POLICIES PROCEDURES AND PRACTICES
Table 3
Existing Policies, Practices and Procedures
Issue J Agency I Policy
General Pedestrian Issues
Crosswalks City Provide crosswalks at signalized intersections and
at unsignalized intersections when the presence of
pedestrians indicates the need to mark a crosswalk.
Sidewalk City Provide sidewalks on both sides of arterials and
construction collectors; provide sidewalks in residential areas
when developed and retrofit as requested
Sidewalk City Annual program to review for gaps, levelness and
maintenance shrubbery encroachment
Signal timing- City Initial WALK phase timed at $ seconds.
pedestrian phasing Flashing DON'T WALK phase is timed assuming
a walking speed of four feet per second
Flashing yellow City Placed when signal controlled intersection is not
beacons visible due to horizontal curvature of the road.
Transit Related
Service frequency VTA The VTA policies are to maintain headways of 15
minutes on cross-town routes during the peak
period, 30 minutes midday and 60 minutes during
the evening and on weekends
Bus shelters VTA City funded bus shelters can be provided with no
objection from the VTA. VTA installed bus
shelters generally required 300 daily on and offs.
New shelters are generally provided under the ad
(advertisement) -shelter program.
Pedestrian Access VTA/City VTA is developing guidelines for providing
pedestrian access to transit stops in order to
enhance the transit connections for pedestrians.
This document was completed in the Spring of the
year 2000.
School Related
Install and maintain City City reviews two school areas per year and all new
school related signs schools. City also conducts reviews in special
and pavement circumstances and upon request.
markings
Identify suggested City City has developed mutes to all schools. Updated
mutes to school when school boundaries change, otherwise no
schedule for updating.
343OOO
CUPERTINO PEDESTRIAN TRANSPORTATION PLAN W/LBUR SMFI'H ASSOCIATES
Page D- 2
EXIS11NG CONOmONS
~ Table 3
Existing Policies, Practices and Procedures
Issue Agency Policy
-- Distribute suggested Cupertino Distributed by schools at the beginning of the
routes to school to Unified school year.
students/parents School
-- District
Adult Crossing City City conducts study of specific intersections on
Guards request. City uses Caltrans guidelines for
-- determining whether an Adult Crossing Guard
should be utilized.
School busing Prior to 1980, the state reimbursed 100% of the
-- K-8 cost of school busing. The state then began to cap
the reimbursement, which gradually declined until
it covered only the cost of mandated bus service
-- for special education. CUSD continued to pwvide
bus service even with reduced funding until 1991
when it was finally discontinued due to lack of
-- funding. When there was busing, 1,800 of the
12,000 students participated. CUSD would be
receptive to resuming the school bus program if
_ there were funding.
Walking School Bus Volunteer Regnart School
High School parking Fremont Varies with each school; all require permits, some
_ policies Union High give parking privileges to seniors. Generally the
School parking is available on a first-come-first-serve
District basis; overflow parking on neighborhood streets.
_ There are no daily parkin~ fees.
High School parking Cupertino Students must buy permits: permit costs $3/year.
policies High No limit on permits sold, enough parking for
_ eye,one. Spaces within lot available on first
come lust serve basis no reserved areas or
privileges.
_ High School parking Homestead Students must buy permits; permit costs $20/year;
policies High the number of permits sold is limited to 20% more
than the number of spaces available.
High School parking Monta Vista Monta Vista High: Students permits available only
policies High for juniors and seniors and only by lottery. Permits
costs $15/semester and students receive an
assigned space. (316 spaces in student lot). (There
are also 20 first-come first-served spaces available
with a $10 decal). Parking privileges revoked if
student receives moving violation between 7 AM
-- and 4 PM on a school day.
3~000
CUPERTINO PEDESTRIAN TRANSPORTATION PLAN W1LBUR SMITH A~OCIA~,S
Page D-3
EXISTING CONDmONS
Table 3
Existing Policies, Practices and Procedures
Issue Aaency Policy
De Anza College De Anza Permits available for $26.50 per quarter or $2 per
parking policies College day. See additional discussion in below in Section
E.
ADA Compliance
Curb ramps City A Citywide program to install curb ramps at all
intersections with arterials and collectors has been
completed. Residential areas are in progress.
Audible traffic City City provides audible signals on request.
si~nals
Accessibility to City City provides improved accessibility on request.
transit stops
Other accessibility City Wheel chair detectors are provided in curb ramps
issues on request, where the pedestrian push-button is
located inconveniently to someone in a wheel
chair.
343OOO
CUPERTINO PEDESTRIAN TRANSPORTATION PLAN WILBUR SMITH ASSOCIATES
Page D- 4
EXISTING CONDmON$
PEDESTRIAN COLLISION ANALYSIS
-- Table 4
Pedestrian Injuries As Percent Of Total Traffic-Related
Location Pedestrians as Pedestrians as
-- Percent of Total Traffic Percent of Total
Injuries Traffic Fatalities
-- Cupertino ~ 3% 0%
California 5%2 20%3
_ USA 3 2% 13%
/1/1997-1999 average;/2/1998;/3/1997
-- The streets with the largest number of pedestrian collisions were:
· Stevens Creek Boulevard - 11
· De Anza Boulevard - 9
-- · McClellan Road- 8
· Homestead - 4
-- Approximately half of all pedestrian collisions occurred within 10 feet of an intersection. About
one-quarter took place within 100 feet and the remaining took place more than 100 feet from the
intersection. There were seven intersections with multiple pedestrian collisions. These are listed
-- in Table $.
Table $
-- Multiple Pedestrian Collision Locations
Number Of
Intersection Name Collisions Control
-- Stevens Creek &Bandley 3 signal
De Anza & Homestead 2 signal
Bubb & McClellan 4 signal
-- Stevens Creek & Miller 2 signal
Homestead & Kennewick 2 signal
McClellan & Orange 2 STOP sign
-- Men'iR and Vista 2 two-way STOP
Virtually all of the collisions at intersections involved a pedestrian crossing in a crosswalk. See
-- Table 6.
343O00
CUPERTINO PEDESTRIAN TRANSPORTATION PLAN WILBUR SMITH ASSOC/ATES
Page D- 5
EXISTING CONDmONS
Table 6
Pedestrian Action at Time of Collision
Pedestrian Action Number
Crossing in Crosswalk at Intersection 30
Crossing in Crosswalk-Not at Intersection 8
In Road-Includes Shoulder 7
Not in Road 6
Vehicle movement preceding collision is also an important statistical consideration. The most
common vehicle movement preceding a collision was the right-hand mm, which accounted for
30 percent of the pedestrian/vehicle collisions (see Table 7).
Table 7
Vehicle Movement Preceding Pedestrian Comsion
Movement Of Year
Vehicle 1997 1998 1999 Total
Left-Turn 0 1 0 1
Right-Turn 10 3 6 19
Ran Off Road 0 2 0 2
Stopped 4 3 2 9
Proceeded Straight 10 12 1 23
Entered Traffic 1 1 0 2
Backing Up 0 1 1 2
Slowing 2 0 2 4
Parked 2 1 0 3
Total 29 27 12 68*
*Totals more than sixty due to multiple vehicles involved in some collisions
The age breakdown of the pedestrians involved in the pedestrian collisions is presented in
Table 8. One-third of the pedestrian collisions involved children under age 16, while 13%
involved senior citizens.
Table 8
Pedestrian Collisions By Age
Year Total
Age Rank 1997 1998 1999 Number Percent
0-10 1 0 pya 4%
11-15 5 7 n/a 29%
16-20 3 2 n/a 10%
21-40 2 4 n/a 15%
41-64 6 3 n/a 21%
65 + 2 2 n/a 13%
Unknown 2 1 n/a 8%
Total 21 19 n/a 40 100%
343000
CUPERTINO PEDESTRIAN TRANSPORTATION PLAN WILBUR .SMITH ASSOCIATES
Page D- 6
EXISTING CONDmONS
-- Thc party at-fault for these collisions is presented in Table 9. Pedestrians were determined to be
at-fault in 25 percent of the collisions.
~ Table 9
At-Fault Determination Of Pedestrian - Vehicle Collisions
At-Fault
-- Year Pedestrian Driver Unstated Total
1997 4 12 2 18
1998 3 8 I 12
-- 1999 n/a n/a n/a n/a
Total 7 20 3 32
-- When party-at-fault is considered in terms of age of the pedestrian victim, it becomes apparent
that adults tend to be more careful pedestrians: 83 percent of the adult pedestrians were not at-
fault, whereas $7 percent of the child-pedestrians were at-fault (see Table 10). This illustrates
that efforts toward pedestrian education should be targeted primarily towards children and
parents of children.
~ Table 10
At-Fault Party By Age Of Pedestrian Victim
Age of
-- Pedestrian At-Fault Pedestrian At-Fault Driver
Victim 1997 1998 1999 Total 1997 1998 1999 Total
Children _< 4 2 n/a 8 2 2 n/a 6
-- 16
Adults 0 1 n/a 4 5 9 n/a 20
Total 4 3 n/a 12 7 11 n/a 26
The most common primary collision factors for the pedestrian collisions is presented in Table 11.
-- Table 11
Primary Collision Factors In
Pedestrian/Vehicle Collisions
Primary Collision Factor 1997-1999
Total
Failure to yield to pedestrian in crosswalk 13
Unsafe Speed $
Pedestrian Failure to yield not at marked 4
crosswalk
StartinF. Jbacking when unsafe 4
Failure to yield to pedestrian on sidewalk 4
Improper Drivin~ 4
343OO0
CUPERTINO PEDESTRIAN TRANSPORTATION PLAN WILBUR SMITH ASSOCIATES
Page D- 7
- Appendix E
SITE SPECIFIC RECOMMENDATIONS
Three sites were evaluated in more detail. These three sites were visited in the field to observe
the existing conditions and to develop potential improvement ideas. The findings and
-- recommendations are presented below.
1. DE ANZA COLLEGE
- Summary Of De Anza College Policies And Practices
The current student population at De Anza College ranges from 15,000 to 25,000 per quarter.
This is projected to increase to 32,000 by the year 2010. The current lransportation mode split to
-- De Anza College is under study by Altrans~. It is the perception of the parking director that the
number of bicyclists has increased, but there are no counts to verify this. It also appears that
fewer students in their late teens are driving to campus, although there are no surveys to confirm
-- this. De Anza College would be interested in a survey that examines the mode of student
transportation by age of student.
-- De Anza College has approximately 5000 parking spaces. Parking permits cost $26.50 per
quarter or $2 per day. De AnTra College is prevented by state legislation from raising the permit
fees above $100 per year, although there is no such restriction on the daily fee. (The current
-- daily fee amounts to $110 per quarter if a student parks every day.) The revenue from parking
fees goes to pay the construction cost of the parking structure built in 1993. This structure will
be paid off in the year 2007.
Parking revenues have been declining due to a variety of factors including increased numbers of
free and discounted permits for disabled students and students in special education, CalWorks,
-- and Extended Opportunities Programs and Services (EOPS.) Revenues are declining despite the
fact that De Anza College runs out of parking spaces for the first few weeks of the quarter.
Overflow parking is accommodated on Mary Avenue and in the Latter Day Saints Church lot on
_ Stelling Road. Nevertheless, De Anza College remains committed to supporting alternative
modes. Reducing parking demand will help to accommodate the projected student population
growth without the need for expensive parking structures.
The Facilities Master Plan for DeAnza College, completed in 1999, outlines the allocation of the
$130 million in Measure E Funds to construct and rehabilitate buildings and infrastructure.
Several components of the Master Plan will facilitate other transportation modes. The most
significant one is to provide a transit center for VTA buses on site. Another project will relocate
the entrance on McClellan to the west and provide a traffic signal. The location of the existing
vehicular entrance will be a retained as a pedestrian access. There is also money for sidewalks,
lighting and signage. It may be possible to use some Measure E funds to leverage grant funding
to pursue more pedestrian improvement projects. Finally, Altrans has developed a proposal for a
student fee that would provide all students with VTA passes. This proposal is still pending.
I
Altrans is a consulting firm providing altornative mmsportafion planning help to cities and school districts.
~ 343Qoo
CUPERTINO PEDESTRIAN TRANSPORTATION PLAN WILBUR SM/TH ASSOC/ATF..S
Page E- 1
SiTE SPECIFIC RECOMMENDATIONS
Recommendations To Improve Pedestrian Access And Circulation
A major gap in pedestrian access and circulation is along the western perimeter of De Anza
College. A path is recommended that would align with Mary Avenue at Stevens Creek
Boulevard, and could be the extension of the bike route that continues north on Mary Avenue
to the proposed Bicycle Footbridge over Interstate 280. A pedestrian path at this location is
consistent with the De Anza College Facilities Master Plan which states that the "installation
of sidewalks at all perimeter roads and crosswalks is recommended". There are two options:
one is to construct a multi-use trail for both pedestrians and bicycles. The other is to
construct a sidewalk for pedestrians and to sign the perimeter roadway for bicycles. The
recommended cross-sections for these alternatives is described below:
Option 1: Multi-use trail: minimum ten-foot paved area with two foot graded area on either
side. Trees adjacent to the freeway right-of-way may need to be removed and/or relocated.
Where a minimum ten-foot wide multi-use path is not possible, right-of-way may need to be
acquired from the freeway right-of-way or bikes may need to be directed onto the perimeter
campus roadway. Alternatively, Option 2 should be pursued for the entire length, see below.
Option 2: Construct five-foot sidewalk for pedestrians; install signage and pavement
markings on the perimeter roadway for bicycles.
· Signage: The Facilities Master Plan states that "campus wayfinding is limited and a
comprehensive signage program is needed." Signage should be installed to direct
pedestrians from the western perimeter pathway to campus buildings and attractions such
as the planetarium and Flint Center.
· Lighting for the trail/sidewalk: The Facilities Master Plan states that there should be
"large scale lighting along vehicular routes and parking lots" and "pedestrian scale lights
in campus core." It is recommended that all pedestrian entrances and major pathways
into the interior have pedestrian scale lighting.
· Emergency Phone/call boxes should be strategically placed along the western perimeter
pathway.
2. OAKS SHOPPING CENTER INTEGRATION WITH MEMORIAL PARK
Oaks Shopping Center is located across Mary Avenue from Memorial Park, yet there is no easy
way to walk from one to the other. Mary Avenue is about seventy feet wide at this point, which
is an intimidating width for pedestrians. It is striped to have a northbound right-mm lane into the
park, two through lanes, bike lanes, parking lanes, and a southbound left-mm lane into the park.
Further north, Mary Avenue has diagonal parking, which serves as free and/or overflow parking
for De Anza College students.
Recommendation:
· Realign pathway within Oaks Shopping Center to provide direct access to Memorial Park
Provide pathway/signage on the park site to access the pathway over the pond to the picnic
tables and playground.
CUPERTINO PEDESTRIAN TRANSPORTATION PLAN WILBUR SMITH ASSOCIATES
Page E - 2
SITE SPECIFIC RECOMMENDATIONS
_ * Mary Avenue - Conslx'uct high visibility crosswalk, speed table and/or median pedestrian
refuge (under design)
· Construct roundabout at the Mary / Memorial Park entrance to provide a gateway treatment
-- as well as to slow traffic for the crosswalk
3. MCCLELLAN/BUBB FRONTING LINCOLN ELEMENTARY SCHOOL, KENNEDY
- MIDDLE SCHOOL AND MONTA VISTA HIGH SCHOOL
Setting
McClellan is the site of both Lincoln Elementary School and Monta Vista High School. The
roadway is 40 feet wide and is striped to have two travel lanes, a center left turn lane and two
bike lanes. The posted speed limit is 25 mph and parking is prohibited. There is considerable
congestion particularly at the start of the school day when parents drive their children to school.
In addition, many children walk and bike to school using the southern sidewalk. This requires
the students to cross several driveways used by drivers entering and exiting the drop-off area.
-- Bicyclists riding the wrong way on the sidewalk in front of the two schools is common. There is
an adult crossing guard at the western crosswalk at the western edge of the Lincoln Elementary
School site. There is a pedestrian pathway located in between Lincoln Elementary School and
-- Monta Vista High School that provides access for students residing to the south.
Significant traffic congestion and queues develop along McClellan and Bubb due to the three
-- schools located in close proximity to each other. The staggered start times (see table below) help
to ameliorate the problem. A volunteer helps cars turn left from the main exit driveway
(eastenunost) at Lincoln Elementary School. The second (westernmost) driveway could also
-- benefit from volunteers helping cars to exit.
Starting Times of the Three McClellan Road Schools
School Start time Dismissal Time
Lincoln Elementary 9:00 am 3:00 pm/3:30 p.m.
_ School (Tuesday 2:30 p.m.)
JFK Middle School 8:20 am 2:48 p.m.
Monta Vista High School 7:35 am 2:55 p.m.
Analysis
While queues and delays are quite extensive, it is not physically feasible to widen McClellan to
-- have more traffic lanes. The increased number of students at these sites combined with thc
significant reduction in the number of children who wall and bike to school and the cessation of
school busing in 1992 has resulted in a situation that has exceeded the capacity of the existing
-- roadway configuration. The prevalence of cars in and around the school zones and the inherent
safety conflicts exacerbates the situation for those who still do walk and bike. Ideally, the main
pedestrian access point would be more separated from thc main vehicular access point. However
_ even if this were possible, the location of two schools adjacent to each other makes it inevitable
that the students walking to one school will have to cross the driveways of thc second school.
CUPERTINO PEDESTRIAN TRANSPORTATION PLAN WILBUR SMITH A.~OCIATES
Page E- 3
SITE SPECIFIC RECOMMENDATIONS
The numerous driveways along McClellan (two drop-off areas for Lincoln parents, one drop off
area for buses at Lincoln Elementary School and five driveways to the Monta Vista High School)
cause problems in two ways:
· Eastbound bicyclists in bike lane are at risk from inattentive right-turning vehicles; the
narrowness of McClellan makes.it impossible for a bicyclist to pass a right-turning motorist
on the left if they do not merge into the bike lane. A near collision was observed during field
observations.
· There are conflicts between students on the sidewalks and the drivers entering and exiting the
driveways to drop off students.
Students sparsely use bike lanes on north side and there is a lot of wrong-way riding on southside
sidewalk, despite the Cupertino standard WRONG WAY bike riding signs.
Wider bike lanes might encourage students to ride in the correct direction. One solution to
provide wider bike lanes would be to remove the center left-turn lane. A disadvantage to this
action is that cars would not be able to bypass other cars waiting to turn left, and congestion
would increase. There could be positive side effects, however, such as fewer parents choosing to
drive their children, overall lower speeds on McClellan Road, and possibly some through traffic
choosing alternate routes avoiding the area altogether. However, this action could backfire
because vehicles waiting behind stopped vehicles would be tempted to use the bike lanes to pass.
If done erratically without checking, they could endanger bicyclists using the bike lanes.
Another option to reduce wrong way bicycle riding on the southside sidewalk is to encourage
high school students arriving by bicycle to use the Presidio pathway or Orange Avenue.
Redesigning the crosswalk at Orange to be a high visibility speed table would facilitate the high
school students crossing McClellan, and an adult crossing guard would also help them to cross
McClellan. Lincoln Elementary School students should continue to cross at the existing location
so they will not have to walk across driveways on the south side of the street.
Signing and striping for the school zone is mostly in conformance with the Caltrans Traffic
Manual. However the approved "School Crosswalk" sign CRV66) at Orange is located behind the
crosswalk and is partially obscured by a large tree and a telephone pole. Ideally it should be
located at or just in front of the crosswalk and it may be posted 50 feet in advance. Also on
Bubb, there is a SLOW SCHOOL XING pavement legend for southbound traffic in advance of
Hyannisport. However, this legend is not supposed to be used in advance of a STOP sign or
signal controlled intersection.
The southside sidewalk is eight feet wide, but the portion adjacent to the curb is unavailable due
to trees, poles and other street furniture, resulting in a usable width of only five-feet. It is
recommended that the sidewalk be widened to ll-feet where possible. However, in some
locations this may not be achievable due to choke points caused by utilities and mature trees.
34a00o
CUPERTINO PEDESTRIAN TRANSPORTATION PLAN WILBUR SMITH ASSOCIATES
Page E - 4
SITE SPECIFIC RECOMMENDATIONS
_ Recommendations for McClellan/Bubb Roads and the Fronting Schools
Transportation Demand Management (TDM) Plan
A strong TDM plan is needed to encourage walking, transit and carpooling. Altrans develops
~ pro-active trip plans for all middle and high schools that sends customized information on
carpooling and transit directly to the parents of each student. This program does not rely on
parents taking the initiative to ask for commute alternatives. Potential carpool matches and
_ transit information is mailed to parents of students living within one-quarter mile of a direct bus
line to school. This has been underway since mid-2000 and continues annually.
Walking and bicycling should be encouraged by:
· Developing a "Walking School Bus" program in which parent volunteers walk a prescribed
route to school picking up other children as they go.
-- · Providing additional adult crossing guards to supervise designated pedestrian crosswalks,
thereby decreasing the level of parental concern in allowing children to walk to school.
· Widening sidewalk on southside of McClellan Road to 11-feet, where possible.
· Providing sidewalk on the north side of McClellan Road west of Bubb
· Providing adult crossing guard at Orange Avenue to encourage high school students to use
this access point.
· Enhancing the visibility of the existing Orange Avenue crosswalk by installing a speed table
-- with colored pavement and providing an adult crossing guard.
Traffic congestion
-- Those who are part of the traffic congestion problem should have an opportunity to be part of the
solution. Parents who drive their children to school should be requested to help direct traffic by
volunteering to station themselves at corners and serve as observers and informal chaperones.
Bike lane awareness
Warn motorists of need to watch for cyclists in bike lanes. This could be accomplished by thc
_ use of a sign such as "Right-Turning Vehicles Enter Bike Lane N~hen Safe" and/or dashing the
bike lane stripe through all the driveway locations. Innovative treatments such as colored bike
lanes may be useful, but such a treatment may have the opposite effect and discourage motorists
from entering the bike lane in preparation for making a right mm.
343000
CUPERTINO PEDESTRIAN TRANSPORTATION PLAN MI. BUR SMITH ASSOCIATES
Page E - 5
- Appendix F
BEST PRACTICES AND DESIGN GUIDELINES
TRADITIONAL NEIGHBORHOOD DESIGN
Essential Characteristics of Traditional Neighborhood Design
Traditional Neighborhood Design (TND) contains the essential characteristics that make a
_ community pedestrian-friendly and walkablei:
· Medium to high densities of land use.
· Dense development around transit stops.
· Mix of land uses.
· Street-oriented buildings (no farther than 25 feet from street edge).
· Proper height to width ratio for street enclosures (1:1 to 1:3).
· Short to medium block lengths (300 to 500 feet).
· Comfortable and safe places to wait.
· Transit routes every half-mile.
· Two or four lane streets with rare exceptions.
· Continuous sidewalks wide enough for couples.
· Safe pedestrian crossings.
· Appropriate buffering from traffic (on-street parking, park-rows, street trees).
Traffic Engineering Features of Traditional Neighborhood Design
The information p..re, sented in this section was culled from a number of sources including Walter
-- Kulashii, and ITE"', tv.
Street layout - The traditional street layout consisted of a dense network of highly connected
streets. This usually manifested itself in a grid pattern of streets, where there are multiple
-- available routes for a given trip. There are always alternate routes available if the primary route
for a trip is unavailable.
_ Street Cross Section. Residential streets in traditional neighborhoods are typically no greater
than two travel lanes plus onstreet parking, with the maximum pavement width of 32 feet or less.
TND calls for a street right-of-way sufficient to contain this street cross-section, but not intended
_ to accommodate a wider pavement at later stages. For most collectors, a right-of-way width of
?0 feet can accommodate the TND street. In the TND concept hierarchy of streets is reduced or
nonexistent - either eliminating or greatly reducing the "hierarchy" of conventional functional
classifications that are assigned to streets.
343420O
CUPERTINO PEDESTRIAN TRANSPORTATION PLAN WILBUR SMffH ASSOC/ATES
Page F - 1
BEST PRACTICES AND DESIGN GUIDELINES
In thc conventional system, the base of the hierarchy is local streets, intended for immediate
property access. The next level is the collector, intended to gather traffic from local streets and
feed it to the arterial system. The final level is the arterial street, intended for longer distance
mobility and not intended to serve as immediate access to properties (although this function is
almost inevitable).
Onstreet Parking - On-street parallel parking in a TND is permitted on virtually all streets. The
parking serves as a buffer to pedestrians on the sidewalk, and increases the parking supply itself,
although this source of supply serves only a small part of the overall parking need in a business
district.
Shod Tr~fflc Signal Cycles - Traffic signal lengths of no greater than 60 seconds are compatible
with TND. Short traffic signals are pedestrian-friendly. They also create more frequent gaps in
traffic for midblock pedestrian crossings.
Two-phase Signals - These are signals that simply turn green for the entire approach, with no
turn arrows. These are possible where there is a dense street network, because there is a much
greater choice of locations for left-turn movements. The Conventional Suburban Development
concept concentrates left-turn movements at a few major intersections, creating the need for
multiphase signals. Two-phase signals convey a sense of small scale, to both drivers and
pedestrians, that contrasts strongly to heavy-duty multiphase sequences. Two-phase operation
permits a greatly reduced cycle time.
Curb Radii - Greatly reduced curb radii at intersections are found in a TND, typically 10 feet or
less, which reduces the speed of turning automobiles and also greatly reduces the curb-to-curb
walking distance required for pedestrians crossing the street.
Alleys - The TND concept frequently includes alleys serving the rear of all properties. These
alleys eliminate the need for curb cuts for driveways in the streets, and permit continuity of
buildings along a block front. Curb continuity further increases the amount of on-street parking
that can be obtained in the design. Alleys are also intended to provide a utility corridor, thereby
removing utilities, particularly power lines, from the streetscape.
Inter~edion Level of Service - Traditional considerations include vehicular capacity, travel
speed (and therefore travel time) and safety. The following should also be considered:
Pedestrians, bicycles, overall neighborhood ambiance. It should be noted that TND has superior
traffic capacity; large streets have an inherent deficiency of scale. A network of small connected
streets has more traffic capacity than the same street area arranged in a sparse hierarchy of large
streets. Some other features, while not directly related to traffic, are highly characteristic of
TNDs:
Traffic Calming - Traffic calming are techniques that are used to ameliorate the negative effects
of post-War suburban sprawl, with wide streets and designs for unimpeded traffic flow. This
document will not repeat the many traffic calming strategies, but recommended traffic calming
design guides are included in the references.
343OO0
CUPERTINO PEDESTRIAN TRANSPORTATION PLAN WILBUR SMITH ASSOCIATES
Page F- 2
BEST PRACTICES AND DESIGN GUIDEUNES
_ S~'ea~ Trees. Trees are very effective traffic calming devices in addition to the unparalleled
beauty that they add to the community. Trees can also serve to create a frame around a street,
and such "outdoor moms" are recognized as being very conducive to enhancing the non-motorist
_ environment. Trees are usually located within the buffer planting strips of six and more feet in
width. In commercial areas, trees are usually located in tree wells in sidewalks that are usually
eight to ten feet wide.
PEDESTRIAN DESIGN GUIDELINES
_ The following guidelines for sidewalks and associated pedestrian features are based on
guidelines that conform to the Americans with Disabilities Act (ADA).
Sidewalks
_ There are several components to good sidewalk design. Each component is discussed
individually below:
Sidewalk Surface - Sidewalks and shared-use paths should meet the "stable, firm, and slip-
resistant..." criteria established in accessibility standards. The Access Board's "Technical
Assistance Bulletin //4, Surfaces" contains additional information on the performance
requirements for walking surfaces on an accessible route.
Sidewalk Width - (Measured from back of curb)
· 36 inches (915mm) is the minimum accessible width
-- . 32 inches (815 mm)is the minimum accessible width at choke points
· 48 inches (1220mm)is the minimum width for an ambulato~ person to pass a non-
_ ambulatory person, with
constricted movement
· 60 inches (1525 mm) is
-- recommended as the
minimum width adjacent to ~-~_ '~.~9
a curb
· 60 inches (1525 mm) is the
minimum width needed for
two wheelchairs to pass
-- each other and/or to allow -, . .-~ .-.::.~ .. ·
for the wheel chair to have " '.'
maneuvering space - such
-- as through doorways, or to ". "-
use public telephones
_ · 64 inches (1625 mm) is
recommended for two able ,.
bodied persons to pass each ~,--
_ other comfortably .ii } "
· 96 inches (8 feet) (2.4m) is
34300O
CUPERTINO PEDESTRIAN TRANSPORTATION PLAN WILBUR .g~lffH A,~OCIATE$
Page F- 3
BEST PRACtiCES AND DESIGN GUIDELINES
preferred in areas with heavy pedestrian volumes to allow comfortable passing for three
persons
Note additional width is needed for street furniture (parking meters, planters, mailboxes,
bus shelters, bike racks, etc.) and to allow for driveway aprons
Sidewalk Cross Slope ~'~ '~.dl~"~
· Maximum of 1:48 (2 percent)
· At driveways, locate the sidewalks such that
the driveway apron does not prevent the ~ ~'~
provision of a minimum width of 36 inches
with a cross slope no more than 2 percent ·
· At the intersection of two sidewalks, note that
the running slope of one sidewalk is the cross
slope of the other
Sidewalk Street Furniture
· Shall not protrude into the aforementioned widths
· Heights of fLxed objects shall
be detectable by pedestrians
with vision impairments:
leading edges should be
mounted at or below 27
inches above the 'sidewalk so
as to be detected by a cane
placed on sidewalks outside ~_k~, -
the circulating zone so as not ~ _ -- ...
tO be walked into, e.g. bike ~
racks, is not specified in ~'~~
ADA or ADAAG. It is
recommended that the __~ ~~'~~"~,
minimum height be 30
inches
Running Slope .
· On a new site, design' features can be manipulated to limit walkway running slope to
1:20 (5%)
· Ramped segments are added where necessary with handrails and landings at or below the
1:12 (8.33%) slope specified in accessibility standards for ramps
· These slopes will not be consistently possible to achieve along public sidewalks and
shared-use paths, where running slope is tied to roadway gradient and underlying terrain
343000
CUPERTINO PEDESTRIAN TRANSPORTATION PLAN WILBUR SMITH ASSOCIATE~
Paga F - 4
BEST PRACTICES AND DESIGN GUIDEUNES
· Nevertheless, running slope should be kept to the minimum feasible consistent with these
factors
· Artificial slopes should not be added as landscaping features
· Meandering walkways that add significantly to the travel distance should not be designed
on a primary circulation route
Curb Ramp Standards - Curb ramps are required whenever a new or altered pedestrian walkway
crosses a curb to a street OR whenever a new or altered street intersects a pedestrian walkway.
An alternative to curb ramps is a raised crosswalk.
· Width: 36" minimum
· Running Slope: 1:12 (8.33 %)
-- maximum (alterations 1:10 or 10 %
for 6 inch rise or 1:8 or 12 % for a 3
inch rise)
· NOTE of caution: slopes that are too ~-~'
gradual are difficult to detect by
pedestrians with visual impairments
and a tactile feature should be
included. In California, a 24 inch
wide detectable arming material
-- where sidewalks enter roadway
without an intervening curb face j ~
(slopes of 1:15 or less)
· Level Landing: ramp must connect to
route with maximum cross slope of 2 % and at least 36 inches wide
-- · Transition: curb ramp to gutter must be flush - no lips, i.e. maximum vertical change of
1/4 inch (6 mm)
· Landing width of 48 inches - 10 percent maximum slope
· Landing width of 36-48 inches -8.3 % maximum slope
· Location within intersection: must be within crosswalks
· Two perpendicular ramps are preferred to one diagonal ramp
· Diagonal ramps must have 48 inch bottom landing located within the space created
-- between the extension of the curb lines and the curb radius
· NOTE: smaller curb radii can be critical factor in providing the two perpendicular ramps
_ within the crosswalks instead of one diagonal ramp
· Smaller curb radii also help pedestrians with visual impairments differentiate between
parallel and perpendicular traffic
343000
CUPERTINO PEDESTRIAN TRANSPORTATION PLAN WILBUR SMfl'H ASSOCIATES
Page F- 5
BEST PRAGTICES AND DESIGN GUIDEUNES
Crosswalks
Design: A standard crosswalk is ten feet wide 'M6 w54 Pedestrian
with two parallel 12 inch white stripes. In school . Warnin,. Sign
zones, the stripes are yellow and the crosswalk is ?~-i~:.
marked with a W66 school crossing sign. ?~ :_._..
Otherwise a W54 pedestrian warning sign may be .... ~- :--~:
used.
Zebra crosswalk: Diagonally or longitudinally ~
striped lines may be used to mark the crosswalk
instead. These lines are 12 to 2,$ inches wide spaced. 12 to 24 inches
apart within the area that would otherwise mark the crosswalk. ~-, -
Suppiemenmry devices: In-pavement flashing lights, otherwise known as In-Roadway Lights,
are a special type of highway traffic signal installed in the roadway surface to warn road users
that they are approaching a condition on or adjacent to the roadway that might not be readily
apparent and might require the road users to slow down and/or come to a stop.
According the Manual of Un~form Traffic Control Devices 2000, if used, In-Roadway Warning
Lights at crosswalks:
* shall not exceed a height of 19 ram (0.?~ in) above the roadway surface.
· shall be installed only at marked crosswalks with applicable warning signs. They shall not
be used at crosswalks controlled by YIBLD signs, STOP signs, or traffic control signals.
* shall be installed along both sides of the crosswalk and shall span its entire length.
· shall initiate operation based on pedestrian actuation and shall cease operation at a
predetermined time after the pedestrian actuation or, with passive detection, after the
pedestrian clears the crosswalk. In-Roadway Warning Lights at crosswalks may use
pedestrian detectors to determine the duration of the operation instead of ceasing operation
after a predetermined time.
· shall display a flashing yellow signal indication when actuated. The flash rate for In-
Roadway Warning Lights at crosswalks shall be at least 50, but not more than 60, flash
periods per minute. The flash rate shall not be between 5 and 30 flashes per second to
avoid frequencies that might cause seizures.
Raised crosswalks:
Raised crossings, in which the sidewalks are continued across an intersection at curb height,
requiring vehicles to ramp up and down, can provide the benefits of a ramp-free connection to
the street. Raised crossings (also known as speed tables) are now being designed as traffic-
calming measures in many coramunities and can be useful in making narrow sidewalks
accessible without the installation of curb ramps.
However, a means of discriminating between the sidewalk and the street - typically, a tactile
surface treatment - should be provided for pedestrians with vision impairments so that they are
aware of leaving the protection of the sidewalk. Uncurbed transitions between sidewalk and
CUPERTINO PEDESTRIAN TRANSPORTATION PLAN
Page l:. 6
9EST PRACTICES AND DESIGN GUIDELINES
-- street make it difficult for pedestrians with vision impairments to identify the boundary between
pedestrian and vehicular areas. Detectable warning surfaces (see ADA_AG 4.29.2) placed at the
edge of the walkway adjacent to the street can provide information about the presence of a
crosswalk, replacing the cues once provided by raised curbs. Audible locator tones installed in
pedestrian pushbuttons may also be useful in identifying intersections.
_ Signalized Intersections
Actuated Pedestrian Signals: These signals can be timed to change automatically as a
pedestrian reaches the crossing, or change when the pedestrian pushes an activation button.
_ Unlike pre-set signals, real-time signals respond to immediate pedes(rian needs.
· Signal timing: Pedestrian phases should provide 2.5 feet per second for slower
pedestrians (elderly, disabled, etc.) where appropriate. (The State of California requires a
-- maximum of 4 feet per second.)
· Countdown signals: Instead of a flashing red hand, countdown signals provide
information on the number of seconds remaining to cross.
· "Ped scramble": These signals include an all-way red phase for motor vehicles that
allows pedestrians to cross in every direction, eliminating conflicts between pedestrians
_ and turning vehicles. Ped scrambles are in use throughout the Financial District in
San Francisco.
· A¢¢e~ible signals: These may include audible signals for blind pedestrians, wheel chair
-- detectors and pavement symbols, and/or foot-pedal pedestrian activated signals for
pedestrians with limited use of the upper body.
Re~d Ew~ng, Pedestrtan- and Transit Friendly Design, International City/County Management Association March 1996
ii
~ Walter Kulash, Why TND Tra~c Systems YYork, June 28, 1998
iii
Institute of Transportatiun Engineers, Traditional Neighborhood Development Street Design Guidelines Recommended
Practice, 1999
iv C. Rick Chellman, P.E., The Design of New Urbanist Streets, prepared for the Urban Land Institute, April 2000
v FHWA, A Design Guide - Sidewalks, Street Crossings and Other Pedestrian Facilities, Nov, 1999
vi
~ FHA, - Designing Sidewalks and Trails for Access Part II- A Best Practices Guidebook, September 2001
343000
CUPERTINO PEDESTRIAN TRANSPORTATION PLAN Veil. BUR SMffH ASSOC/ATES
Page F - 7
- Appendix G
PUBLIC INPUT ON
- PEDESTRIAN CIRCULATION AND ACCESS
_ Public input was solicited through the Cupertino Scene. Over a dozen constructive responses
were received regarding various issues. These are summarized below by topic:
Crossing slreeb
1. Crossing Bollinger midway between Blaney and Miller is difficult, because the bend in
Bollinger limits visibility of oncoming traffic, which travels at speeds of up to 50 mph.
Suggestion: four-way stop sign at Bollinger and Alderbrook.
2. Install a traffic signal at the corner of McClellan and Orange.
3. Install a crosswalk on the east of the intersection of Homestead and Swallow.
Missing Sidewalks (see Figure 6 following page 4-4)
1. Stevens Creek at Bret
2. De ~4nza in front of Yamagami Nursery
3. De Anza between Homestead and Stevens Creek- continuous sidewalks are needed on
both sides
4. The east side of Bubb from Columbus to Kennedy Middle School
-- 5. Y/est side of Stelling at Rainbow
6. East side of Stelling, north of the Armenian Church
-- 7. East side of Stelling, north of Jollyman Park
8. Missing sidewalks on Stelling between Stevens Creek and the Hwy 280 overpass
_ 9. Many places where trees or shrubs hang over sidewalks so that a normal size person must
duck, or walk around them
_ Shorl.cuts/Pdlh~t. ys/Bridges
1. Open the existing maintenance road on Regnart Creek between Blaney and Rodriguez and
other sections, where possible, to pedestrian/bicycle traffic. This wouM shorten walks to
-- the library (as well as to Starbucks/ Mervyns/Target) and make them more pleasant.
2. Until about a year ago, an opening in the fence at the southeast corner of the Orchard
Valley property made it possible to take a very direct route from the corner of Richwood
-- and E. Estates to the Longs Drug/Orchard Valley shopping center. This was closed off
about a year ago, forcing us to walk all the way out to Stevens Creek. It would be nice if
this could be opened up again.
CUPERTINO PEDESTRIAN TRANSPORTATION PLAN WILBUR SMITH .4~SOCIATES
Page G-1
PUBUC INPUT ON PEDESTRIAN CIRCULATION AND ACCESS
3. The well-used west side of the railroad tracks from Prospect to Stevens Creek, if smoother
and graveled, wouM improve its walkability.
4. If a bicycle path is created along the railroad tracks, please leave a dirt area for joggers
and walkers.
5. Extend and beautify the alley between Lincoln and Monte Vista High School from
McClellan to Presidio. Students have a tough time getting through Lincoln's parking lot to
the alley and they may feel more encouraged to walk or ride to school if improvements
were made in this area.
6. .4 path to walk from Miramonte, or through the now-gated-'community of Rancho to the
Deep Cliff Golf Course would help children from the Stevens Canyon area, San Juan, etc.
to walk to school. (This used to exisO.
7. Provide a pedestrian path from Miramonte to Stevens Creek Park. Many bicycle to the
park but not many walk there due to the narrow street for automobile, bicycle, and
pedestrian traffic.
8. Provide an entrance to Blackberry Farm from the trails behind McClellan Ranch; these
come very close to Blackberry Farm but there is no access to Blackberry Farm. This
wouM help families residing in Stevens Canyon and in the summer time children who use
the swimming pool.
9. Existing openings need improvements to better accommodate pedestrian/bicycle access
and for'~4DA: on Orange at Granada, on Olive between Imperial and Pasadena, and on
Festival Drive along State Route 85.
10.,4 pedestrian bridge to connect the Phar Lap/Mann neighborhood across Stevens Creek to
improve access to Stevens Creek Elementary School. I understand that there is an
easement somewhere along Stevens Creek already, so it wouM be just a matter of
constructing the bridge. I think this couM help improve walkability in this neighborhood
as well as reducing traffic in the Stevens Creek Elementary School neighborhood. In order
to get to the school or Varian Park, we either have to walk more than a mile or cross a
train track (not at a crossing) because there is no way to cross Steven Creek except by
going to the bridge at Stevens Creek.
11.At the Tin-Tin market on Miller and Bollinger the little opening to the cul-de-sac at the
north side was closed up when the shopping center remodeled. Probably a lot of people
who walked before now get in their cars rather than walk the long way around. Unless
there is some really compelling reason, I don't think shortcuts shouM be plugged up.
12.,4n opening in the wall that backs up on a cul-de-sac for walkers to go through is needed
at the telescope store on De .4nza, by Cigarettes Cheaper.
Bike Access/Widening
1. Stelling between Waterford and Rainbow (going north on Stelling) does not have a curb.
Suggestion: widen that portion of Stelling. This widening will also benefit pedestrians/kids
that are making their way over to the schools on the "Bubb " side of Stelling.
2. Widen and add bicycle lanes to Pasadena and Orange and neighboring streets.
343000
CUPERTINO PEDESTRIAN TRANSPORTATION PLAN WILBUR SMITH ASSOCIATES
Page G- 2
PUBUC INPUT ON PEDESTRIAN CIRCULATION AND ACCESS
3. Rainbow between Stelling and Bubb should have been built to be as wide as Rainbow is
between Stelling and DeAnza. ff~hen they added Seven Springs, they curved the road and
made it narrower.
Other
1..ddd speed bumps on Pasadena and Orange.
2. Revise Zoning Ordinance to encourage the integration °f work, housing, and retail.
-- . Education and Encouragement
1. Let people know of alternative routes to the schools. For example, local streets connect to
Farian Park. From there you can access the school. If people realized that their kids
didn't have to be on a major street most of the way to school, they might be more willing to
consider letting them walk..dsk the students for input on making their neighborhood a
safer place to walk or ride their bikes. After all, they're the least experienced in terms of
walking and bicycling, so their perspective is useful in evaluating safety at their level..ds
adults, we make a lot of assumptions on behalf of our children and we end up missing the
things that matter the most to them.
2. Compare and contrast other school and neighborhood communities, in or out of our Bay
.drea, with similar pedestrian/bicycle traffic problems and patterns.
3. Zero tolerance for red-light runners
4. Educate everyone on how to share the road with all users.
CUPERTINO PEDESTRIAN TRANSPORTATION PLAN WILBUR SMm. f AS$OCIATE~
Page G- 3
- Appendix H
SUMMARY OF DIRECTOR OF WALKABLE
- COMMUNITIES' VISIT
_ Dan Burden, a noted authority of.the development of "livable communities" was invited to
Cupertino in 1999. Members of the City Council, Public Works and Bicycle and Pedestrian
Advisory Committee accompanied him on his tour of the City. The following is a brief summary
of the observations and recommendations generated at that time:
Potential Improvements:
-- · Fort Baker at Presidio - school crossing - discussed raised pedestrian crosswalk
· Roundabouts on Stelling at Orion and at Huntridge
-- · Stevens Creek near Saich, Mervyns and Target - a midblock crosswalk with median
refuge: pedestrians can either cross during a gap or press a pedestrian pushbutton that
only controls one-direction of traffic at a time
-- · Eliminate sidewalk gaps on Bubb, McClellan, Stelling and other locations
· Residential areas:"
-- - Short medians at intersection approach slow left-turn into the side street
from the major street
- Traffic circles
Roundabouts
No centerline: stripe bike lanes or shoulders, leaving a twenty-foot section for two
-- lanes of traffic; this slows cars due to lack of security of the centerline stripe.
Walkable Cities Brainstorming Session
Pedestrian Retail Serves:
· Existing residents who can walk there
· Future residents who will live and walk there
· Shoppers (both residents and non-residents) who drive and park but stay parked and walk
_ around to enjoy the friendly pedestrian ambiance.
Economic Development Committee
-- · Revenue (dollars per square foot) can help identify the most likely redevelopment.sites in
the City
· Old Mill redevelopment project in Mountain View may provide useful data on trip
-- generation
343000
CUPERTINO PEDESTRIAN TRANSPORTATION PLAN WILBUR sMn'H ASSOCIATES
Page H - 1
SU/VU~Ud~Y OF DIRECTOR OF WALKABLE COMMUNITIES' VISIT
· Village-type and scale mixed-use retail
Pedestrian Commuting
· Major generators such as shopping centers, parks and recreation facilities
· Schools
* Transit access
Pros and Cons of Traffic Calming Related to Walking
· Median refuges
· Raised crosswalks
· Sources: Local Government Commission, Civilizing Traffic, Center for Livable
Communities
· Canada's Guide to Traffic Calming
· Develop data on roundabouts and their impact on pedestrian safety
Support for Trails
· Provide more commute options for pedestrians including recreational wails and short-
cuts, where possible
Pedestrian Facilities Needs
Crossing main arterials
· Crosswalk designs
· Sidewalk standards
3430OO
CUPERTINO PEDESTRIAN TRANSPORTATION PLAN WILBUR SMITH ASSOCIATES
Page H- 2
Appendix I
Prioritization of Recommended Projects
Criteria
Location of Proposed Description of Proposed I 2 3 4 5 6 7 Total
Improvement Improvement safety accident gap linkages pedestrian school/ Local
history closure demand commuter Support
Pedestrian Circulation/
Safety Projects
1. Vallco Fashion Park Improve access from Stevens Creek I 0 I 3 I I 9
such as a covered landscaped 2
walkway that is inviting for
~)edestrians.
2. Intersection of Bubb at Right turn on Red NB to EB - 3 0 1 1 2 1 8
Stevens Creek intimidates pedestrian crossing, wide
long crossing of Stevens Creek
3. Bubb at McClellan High congestion level due to 3 3 1 1 3 1 12
elementary, middle school and high
school.
4. Mervyns Crossroads Pedestrian friendly site design needed 1 0 1 2 1 1 6
Shopping Center to connect Fontana's at the west end
and Starbucks at the east end.
5. DeAnza College at Provide pedestrian entrance at 1 2 3 3 2 3 1 15
McClellan southwest comer and sidewalks along
the perimeter road.
6. The Oaks Shopping integrate with Memorial Park - 2 3 1 1 2 1 1 11
Center at Stevens Creek and connect with high visibility crosswalk
Mary and/or median I~edestrian refuge..
7 The Oaks Shopping Roundabout at Mary / Memorial Park 2 2 1 1 2 1 1 10
Center at Stevens Creek and entrance.
Mary
Crossing Streets 1
1. All Freeway interchanges Modifications needed to be more 3 1 1 1 1 2 1 10
pedestrian friendly such as reducing
the radius to slow speeds, preventing
right turns on red.
CUPERTINO PEDESTRIAN TRA~ISPORTATION PLAN WILBUR SMITH ,4,SSOCIATES
Page I - I
PRIORITIZATION OF RECOMMENDED PROJECTS
2. Stevens Creek at Saich More pedestrian friendly connection 3 2 1 3 2 1 1 13
connecting Target and between the two shopping centers,
Mervyns including pedestrian-friendly crossing
of Stevens Creek at Saich.
3. Bubb at Caltrans Pedestrian crossing for Ciena 3 1 1 1 2 2 1 11
Maintenance Yard Company to cross high speed Bubb.
,l. Bollinger midway Investigate the possibility of crosswalk 3 1 1 2 2 2 1 12
between Blaney and Miller with in pavement flashers or a four-
way stop sign at Bollinger and
Alderbrook.
5. McClellan at Orange Install a traffic signal. 3 2 1 1 3 1 11
6. Homestead at Forge Provide crosswalk on east side. 2 1 2 2 3 1 11
Missing Sidewalks 1 1
1. Stevens Creek at Bret Construct sidewalks. 1 1 3 1 2 2 1 11
2. De Anza in front of Construct sidewalks. 1 I 3 -1 2 2 1 11
Yamagama Nursery
3. De ,~,nza between Construct continuous sidewalk. 1 3 3 1 2 2 I 13
Homestead and Stevens
Creek
4. The east side of Bubb Construct sidewalks. 1 3 3 1 3 3 I 15
from Columbus to Kennedy
Middle School
5. West side of Stelling at Construct sidewalks. 1 1 3 1 2 2 1 11
Rainbow
6. East side of Stelling, Construct sidewalks. 1 2 3 1 2 2 1 12
north of the Amlenian
Church
7. East side of Stelling, Construct sidewalks. 1 1 3 '1 2 2 1 11
north of Jollyman Park
8. Citywide Improved sidewalk maintenance to 1 2 2 1 2 2 1 11
eliminate trees or shrubs hang over
sidewalks as well as upheavals and
uneven sidewalks
Short-
cuts/Pathways/Bridges
1. Vallco Fashion Park Improve access from Merritl, Amherst 1 I 3 2 2 1 1 11
and Wheaton via a gate or an
opening in the fence.
CUPERTINO PEDESTRIAN TRANSPORTATION PLAN WILBUR SMITH ASSOCIATES
Page I- 2
I I I I ! ! I I I I I I I I I I ) I ~
PRIORITIZATION OF RECOMMENDED PROJECTS
2. Western perimeter of De Pedestrian-bike trail through De Anza 1 1 3 2 3 3 1 14
Anza College site College site- along west edge to
connect Stevens Creek to McClellan.
3. Maintenance road on Open the existing maintenance road I I 3 2 I 8
Regnart Creek between on Regnart Creek between Pacifica
Pacifica and Rodriguez. and Rodriguez to pedestrian/bicycle
traffic.
4. Southeast comer of the Provide pedestrian access through the 2 0 3 2 1 1 9
Longs Drag Store/Orchard fence at the southeast corner of the
Valley property Orchard Valley properly to connect
the corner of Richwood and E. Estates
to the Longs Drug/Orchard Valley
shopping center.
5. Railroad tracks from Improve pathway by grading and 2 1 3 3 3 1 13
Prospect to Stevens Creek providing all-weather surface. If a
Blvd. -west side hard surface (concrete or asphalt) is
provided, leave a softer surface for
joggers and walkers.
6. The walkway between Extend pathway through Lincoln's 1 3 3 3 3 1 14
Lincoln Elementary and parking lot repave, improve bollard
Monte Vista High School design, and improve the overall
from McClellan to Presidio ambiance to encourage walking to
school
7. Miramonte to the Deep Provide pathway ( formerly present) to 2 1 3 2 3 1 12
Cliff Golf connect the Stevens Canyon Road
area, San Juan
8. Miromonte to Stevens Provide a pedestrian path 2 1 3 2 1 1 10
Creek Park.
9. Blackberry Farm Provide an entrance from the trails 1 1 3 2 1 8
behind McClellan Ranch
10. Existing Existing openings need improvements 1 1 2 2 3 1 10
diverters/barriers on Orange to better accommodate
at Granada, on Olive pedestrian/bicycle access and for ADA
between Imperial and
Pasadena, and on Festival
Drive along Route 85.
343O0O
CUPERTINO PEDESTRIAN TRANSPORTATION PLAN WILBUR SMITH ASSOCIATES
Page I-3
PRIORITIZATION OF RECOMMENDED PROJECTS
11. Phar Lap/Mann Build pedestrian bridge across Stevens 2 2 3 2 3 I 13
neighborhood across Creek to improve access to Stevens
Stevens Creek Creek Elementary Sch6ol
12. Miller and Bollinger - Reinstate opening at end of cul-de sac 1 1 3 2 I 8
small center with the Tin-Tin for pedestrians
market
13. De Anza Blvd at Create an opening in the wall that I 1 3 2 I 8
telescope store by Cigarettes backs up onto cul-de-sac for
Cheaper pedestrians
City policies Revised Zoning Ordinance to encourage the 3 1 4
integration of work, housing, and retail
high--3 medium=2 Iow=l
CUPERTINO PEDESTRIAN TRANSPORTATION PLAN WILBUR SMITH A~$OCIATE$
Page I- 4
REC ,I¥ISD
APR "l 9, 7002.
April 12', 2002
To the Cupertino City Council and Steve Piasecki;
Because of the substantial amount of new evidence since the Council meeting on Sanuary
7~, 2002 and the voluminous amount of exhibits and documents on file I would like to request a
minimum of 30 minutes for my presentation at the hearing for reconsideration scheduled for
Monday April 15m, 2002. Additionally, in the event that any of the Council Members have not
had the opportunity to review the video tape of the October 22~ Planning Commission meeting
in its entirety I would hereby request an additional 45 minutes so that that tape could be shown at
the April 15~ hearing,
Gary R. Schmidt
Application 09-U-01