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CC 05-17-05 · CUPEIQ1NO AGENDA CUPERTINO CITY COUNCIL - REGULAR MEETING CUPERTINO REDEVELOPMENT AGENCY - REGULAR MEETING 10350 Torre Avenue, Community Hall Council Chamber Tuesday, May 17, 2005 6:00 p.m. ROLL CALL - 6:00 p.m. in Council Chamber CLOSED SESSION 1. Pending litigation - Government Code Section 54956.9(a), City of Cupertino vs. Ole Rasmussen, and negotiations for purchase, sale, exchange, or lease of real property - Government Code Section 54956.8, assignment of Blue Pheasant Restaurant to Hungry Jack's Restaurant Corporation, consultation with the City Attorney, the City Manager, and the Director of Parks and Recreation. (No documentation in packet). 2. Negotiations for purchase, sale, exchange, or lease of real property - Government Code Section 54956.8 regarding the De Anza Cupertino Aquatics (DACA) lease. (No documentation in packet). CITY COUNCIL MEETING PLEDGE OF ALLEGIANCE - 6:45 p.m. Council Chamber ROLL CALL CEREMONIAL MATTERS - PRESENTATIONS 3. Presentation regarding phase 3 of the fund-raising campaign of the Housing Trust of Santa Clara Countv. Their goal is to raise matching funds over the next three years totaling approximately $10 million, to provide a thousand families each year with housing. POSTPONEMENTS WRITTEN COMMUNICATIONS May 17, 2005 Cupertino City Council Cupertino Redevelopment Agency Page 2 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 fÌom making any decisions with respect to a matter not listed on the agenda. CONSENT CALENDAR Unless there are separate discussions and/or actions requested by council, staff or a member of the public, it is requested that items under the Consent Calendar be acted on simultaneously. 4. Approve the minutes fÌom the May 3 City Council meeting. 5. Adopt resolutions accepting Accounts Pavable for April 22, 29, and May 6, Resolution Nos. 05-079 to 05-081. 6. Adopt a resolution accepting Payroll for May 6, Resolution No. 05-082. 7. Accept the Treasurer's Investment and Budget Report for March 2005. (This item was continued fÌom 5/3/05). 8. Approve application for an Alcoholic Beverage License for Flames Coffee Shop and Bakerv, 10630 S. De Anza Blvd. 9. Adopt a resolution declaring brush growing on certain described properties to be a public nuisance and set a hearing for June 7 for objections to proposed removal, Resolution No. 05-083. 10. Adopt a resolution approving a Grant of Easement, roadway, for Amelia Investments, 10578 San Leandro Avenue, APN 357-05-046, Resolution No. 05-084. 11. Adopt a resolution approving an Improvement Agreement with Amelia Investments, 10578 San Leandro Avenue, APN 357-05-046, Resolution No. 05-085. 12. Accept Municipal Improvements for Stevens Creek Office Center Associates, LP, 20807 Stevens Creek Boulevard, APN 326-32-051. (No documentation in packet). ITEMS REMOVED FROM THE CONSENT CALENDAR (above) May 17, 2005 Cupertino City Council Cupertino Redevelopment Agency Page 3 PUBLIC HEARINGS 13. Conduct a public hearing to consider the City of Cupertino's Hazard Mitigation Strategies; review and approve the list of Hazard Mitigation Strategies to be included in the Association of Bay Area Government (ABAG) Hazard Mitigation Plan being submitted to the State of California and the Federal Emergency Management Agency (FEMA). 14. Conduct a public hearing regarding the Blue Pheasant Restaurant, Application Nos. U- 2005-05, GPA-2005-02, Z-2005-03, and EA-2005-04, 22100 Stevens Creek Blvd., APN 357-10-007. (The Planning Commission recommends denial of all items, including the Negative Declaration): a) Consider adopting a Negative Declaration b) Consider a Use Permit for a restaurant, bar, and nightclub c) Consider adopting a resolution adopting a General Plan Amendment to change the land use designation fÌom Parks to Commercial to accommodate an existing restaurant, bar and nightclub, Resolution No. 05-086 d) Consider the rezoning of a two-acre parcel fÌom Public Park or Recreation (PR) to Planned Commercial (P-Com): e) First reading of Ordinance No. 1962: "An Ordinance of the City Council of the City of Cupertino Rezoning a Two-Acre Parcel From Public Park or Recreation (PR) to Planned Commercial (P-COM)." UNFINISHED BUSINESS 15. Approve the Community Special Events policy at the Civic Center Plaza. NEW BUSINESS 16. Review and approve the amendment of the Blue Pheasant Lease. (No documentation in packet) . 17. Review and approve changes to the Massage Ordinance and internal procedures to enhance communication during permit processing and recognize different rnodalities related to massage: a) Conduct the first reading of Ordinance No. 1963: "An Ordinance of the City Council of the City of Cupertino Amending Chapter Sections 9.06.110 B3 and 9.06.120 of the Cupertino Municipal Code relating to Massage Establishments and Services." May 17, 2005 Cupertino City Council Cupertino Redevelopment Agency Page 4 18. Consider canceling the Julv 5 Citv Council meeting for lack of quorum. (No documentation in packet). ORDINANCES STAFF REPORTS 19. Receive status report on General Fund Revenue and Expenditures. (No documentation in packet). 20. The next General Plan hearing is scheduled for May 24, at 6:45 p.m. in the City Council Chamber of the Cupertino Community Hall. At its May 10 meeting, the Planning Commission discussed the remaining General Plan schedule. (Staff report included in packet). COUNCIL REPORTS ADJOURNMENT Adjoum to Thursday, May 26 at 5:00 p.m. for Teen Commission interviews. and Fine Arts Commission unscheduled vacancv interviews, City Hall Conference Room A, 10300 Torre Avenue. REDEVELOPMENT AGENCY MEETING Canceled for lack of business. In compliance with the Americans with Disabilities Act (ADA), the City of Cupertino will make reasonable efforts to accommodate persons with qualified disabilities. If you require special assistance, please contact the city clerk's office at 408-777-3223 at least 48 hours in advance oj the meeting. :::'/<:.::i . "iI'~ . .":,:. .... '>:.; ...·c:· .\ ..'. {'. Jiousrñg~~-i(~',<r. '. tru st O<SA"MCLARA , "": COUNTY ~< ," :;."::··:~.:i;;:'; ·"~i-".If::r ..,....,..- '''~.-, " ;:"'--", ":;.:....:.,.'" :",~;¡¡t "0;l;.;;a¡.li;JÎ~;!~ .; '".,.~ ,_;',S.' -''- ~~t% J.'; .;k~':f2; ",--.,,-,,,.-,., . ;j.:¡ . ..... ';;;,;;/;: ~~~,~4i2~; ,:,"~:- (;·~:rf:LjU~~k¿W·:i;~;~i~c~t . '" ..~ ¡:}~\\':';;;P investing in our community-with vision, compassion and innovation April I, 2005 The Honorable Patrick Kwok City of Cupertino 10300 Torre Avenue Cupertino, CA 95014 Dear Mayor Kwok, Thank you for partnering with us to create more affordable homes for Silicon Valley families! To continue this important work, we propose another opportunity to partner in the creation of affordable homes in all of our communities: the Housing Trust of Santa Clara County asks you to support our "Phase III" funding and operations strategy. Phase III seeks to raise $5 million in voluntary contributions from employers, foundations and individuals for each of the next three years, matched by public sector agencies (cities, towns and the County of Santa Clara). This support would allow us to invest funds into the creation of affordable rental homes, homeless and special-needs housing, and support for first-time homebuyers designed to help a minimum of 1,000 families per year for the next three years. To help us meet these worthy goals, we are respectfully requesting a pledge of $1 00,000 each year for the next three years from the City of Cupertino at your council meeting scheduled on May] 7, 2005. Weare pleased to note that several private sector employers have already stepped forward with pledge offers, contingent on public-sector support. Adobe Systems, Agilent Technologies, Cisco Systems and Synopsys Corp. have all pledged $150,000, and are joined by Knight-Ridder Corp. and Solectron Corporation with pledges of$l 00,000, and by Citibank with a pledge of $75,000. Weare extremely proud of our record of success. With your help, in just the past three years we have helped nearly 4,500 families secure homes in this high-cost valley. This includes 630 units of special needs housing and housing for the homeless, ],]84 affordable multi-family rental apartments, and 1,260 families buying their first home in Santa Clara County. With your renewed support, we look forward to continuing and expanding this record of achievement in 2005 and beyond. We are enclosing some information regarding your city's investments in the Housing Trust and affordable housing in Santa Clara County. We hope you will join us in creating more affordable housing in Santa Clara County. Respectfully, Don Gage Chair of the Board, Housing Trost of Santa Clara County Supervisor, District 1 County of Santa Clara Carl Guardino Fundraising Committee Chair, Housing Trost of Santa Clara County President & CEO, Silicon Valley Leadership Group 17861ec:hnology drive. san iose. ca. 95110· (ph] 408.436.3450 . fxl 408.4.36.3454 www.housingtrustsa:.org .~@ @ ')-1 " "1'11 .~ {11 )1 housing trust OFSANT~~~~ Investor Summary Sheet City of Cupertino, CA DONATION SUMMARY" ...;.:;;('.:I::;T'.'::·f~. Donation Amount. .' $250000 · Phase I :i':;,'--i;o';:';,i¡,Wr',i::'~'::',..:".,:,"":; ,-' Date of Pledge: " ,,', ..' FébrU'ary 28~ 2001 ., _c :::,:,:.' .:.-::,:'>, :';'''';':': :::: "~~< ~:": ,'''í, . _;: " ",' ,:":' . Date to use funds by:.: . .... ',None indicafed . :;f~:'::,'~.i.~¡:r{'!::,,::.,:c':::':' ..:;:;,,:'i'/+-;..t~':, ::::"~'*'¡;('~'-ir~2, '):": ;:}:;~~:.' ",:( .' -{ " Geographical requirehient:'·., Use irlCupertino" ,:,:::,~~,~,!:<,:.'::;,,::,;:-\:,:(. -:: :;,\ t',::"-", ' ,.,': - ': ':-:",'- "; "':'':-'''-:''','' AMI requirement:';;>.,:,':"::,,,.:, ,:. Moderaté, low, or very low income Program area~f:(:iitifß;'::';:':: ~'" No re~fftþi¿;ns ", /)!-:::;yj;':'::L:::,:::.i:;:".;:·:,. ,: . ';,,:1i;%(1i1:;~~è ¡~,' ' ' ".' ',:,.:,,'....., . :.,'¡', :'r'~~' .,;:'::;':':"';."::;,; 'j'-,'S:'~:)t~· 'ii:,:',::' 'q:":''':'~ '.:~~--- té':;' INVES "T'SUMMÀRY . b¡HMšì)j"T;,r;~tprogram area . ':',;:;:¡;':1:-;~.1.¡,.~~: . . - J:/:~::-:;':):~:;;:::,:r,rf;;;:i</f;:::{~,.F.,;.s· - . . "",,,,;.,-,.-, .. First~ti.m~ f!o.mebuYer [óans ;;'.'.' ,\.:'J>:;.C,;' ';'.i;,'-";'-:\--·;,__'. ',i'~ "':';,'..-..''''''::,_11, :';':;i,i~t::i:'j'~;~:;':: '1,:,', Loa~ to~~ Is: .' . Loan~d éÌri1punt: ',,' . 9 loans $52,000 ....'..",.:.:,."....,.-. ". "~:S~:;;"Ü~,:~(,,:, Multif~hjiìy R~ntal H.9'u~if g 't·\·:·rf~;'··\:::'~"::}~r;'~{(-:;.. ··",.,_:·t:\?::?':f~:\ 0;:}:î)/:.',',:";' Vista Village: 24 units · .' > ". Loan amoú~t .... . $341,ÖOO TOTAL INVESTED IN CUPERTINO: $393,000 ~ :' ;' ~', :'Y); ~Y;:, ;"~;'; ,:';"; ::: cw h,":' .' 3-,2. ~ouSing ii '1~ustSANT~ EDITION OF APRIL 1,2005 HOUSING TRUST, COMMUNITY STEPPING UP FOR FAMILIES Affordable housing could become a reality for more than 1,000 families each year under a new funding and operational strategy recently announced by the Housing Trust of Santa Clara County. HTSCC Board of Directors Chair (and Santa Clara County Supervisor) Donald F.Gage and HTSCC Fundraising Chair (and SVLG President and CEO) Carl Guardino have announced the proposal of "Phase III," a public-private compact between interested private-sector investors (employers, foundations and individuals) and public agencies with the goal of assisting a minimum of 1,000 families per year for each of the next three years. A funding goal of $1.5 million in voluntary contributions from employers, foundations and individuals for each of the next three years, matched by public sector agencies (cities, towns and the County of Santa Clara), working through their budget process, would allow the Housing Trust to invest funds into the creation of affordable rental housing, homeless and special-needs housing, and support for first-time homebuyers designed to help at least 1,000 families per year. Private sector employers are already stepping forward with pledge offers, contingent on public-sector support. As of April 1 ,2005 Applied Materiais has pledged $200,000; Adobe Systems, Agilent Technologies, Applied Materials, Cisco Systems and Synopsys Corp. have each pledged $150,000; Knight-Ridder Corp. and Solectron Corp. have joined with $100,000 pledges, and Citibank has pledged $75,000. "This new effort has the potential of helping thousands more families afford homes in Silicon Valley, and moves us closer to our original goal of establishing a consistent, long-term source of funding for the Trust" said HTSCC Fundraising Chair Carl Guardino, adding: "in true Silicon Valley spirit, in its first years the Trust was run like a start-up; it's time to move into the next phase now." TOTAL HTSCC INVESTMENT (in millions) TOTAL HOUSING OPPORTUNITIES CREATED TOTAL LEVERAGE (in millions) III III $750 PUBUSHED MONTHLY BYTHE HOUSINGTRUST OF SANTA CLARA COUNTY 1786 TECHNOLOGY DRIVE,.SAN JOSE CA, 9511 0 I 408.436.3450 I WWW.HOUSINGTRUSTSCC.ORG 3-3 FACT SHEET EDITION OF APRIL 1, 200S AFFORDABLE HOUSING DEVELOPMENT INVESTMENTS The Housing Trust has committed almost $9 million in funding to these multifamily affordable rental and homeless/special needs developments in Santa Clara County: .CAMPBELL 2011 Pollard Road:5 units LOAN AMOUNT:$SO,OOO LEVERAGE: $734.357 . PALO ALTO Opportunity Center: 89 units LOAN AMOUNT: $650.000 (2 10an,I LEVERAGE: $20.7 million .SAN JOSE '059 Roewill Drive: 6 units LOAN AMOUNT: $60.000 LEVERAGE: $6S0,000 .CUPERTINO Vista Village: 24 units LOAN AMOUNT: $341,000 LEVERAGE: $7.2 million .SAN JOSE San Jose Art Ark: 146 units LOAN' AMOUNT: $500,000 LEVERAGE: $6.58 million Senter Road: 117 units LOAN AMOUNT: $500,000 LEVERAGE: $37 million .GILROY MonticeJU Apartments:52 units LOAN AMOUNT: $178,274 LEVERAGE: $1 0.2 million 239 Burning Tree Drive: 5 units LOAN AMOUNT: $1 00,000 LEVERAGE: $484,000 Sunset Square Apts.: 96 units LOAN AMOUNT: $500,000 LEVERAGE: $15.4 million Sobrato Transitional Apartments: 60 units LOAN AMOUNT: $74S,000 (2loon,1 LEVERAGE: $15.2 million Betty Ann Gardens: 76 units LOAN AMOUNT: $150.000 LEVERAGE: $18.2 million .SANTA CLARA RiverTown Apartments: 100 units LOAN AMOUNT: $447,309 LEVERAGE: $29.6 million Sobrato Family Living Center II: 18 units LOAN AMOUNT: $450,000 LEVERAGE: $4.5 million Sobrato FamllyTransltlonal Center: 140 beds LOAN AMOUNT:$SOO,OOO (210an,1 LEVERAGE: $4.9 million Curtner Gardens: 180 units LOAN AMOUNT: $1 million (2 loan,) LEVERAGE: $' 1.1 million .LOSGATOS Los Gatos Senior Group Residence: 5 units LOAN AMOUNT: $60.000 LEVERAGE: $727.200 Eden Palms: 15 units LOAN AMOUNT: $1 05,000 LEVERAGE: $4.4 million .SUNNYVALE Moulton Plaza: 66 units LOAN AMOUNT: $SOO.OOO LEVERAGE: $16 million Evans Lane Family Apts.: 240 units LOAN AMOUNT: $1 00,000 LEVERAGE:$56.8 million Plaza de las Flores: 101 units LOAN AMOUNT: $500,000 LEVERAGE: $16.7 million .MORGAN HILL Murphy Ranch: 62 units LOAN AMOUNT: $SOO.OOO LEVERAGE: $18.3 million MAKING HOUSING MORE AFFORDABLE,COUNTY-WIDE Murphy Ranch II: 38 units LOAN AMOUNT: $92,SOO LEVERAGE: $11.7 million The Housing Trust provides development financing for affordable housing throughout Santa Clara County through our first-time homebuyer program and through loans to developers of affordable housing. .MOUNTAIN VIEW San Antonio Place: 120 units LOAN AMOUNT: $625,000 (2 loan,) LEVERAGE: $19.1 million II PALO ALTO Oak Court Apartments: 53 units LOAN AMOUNT: $400.000 LEVERAGE:$20.1 miilion ''''1 CltlesandtownswithHTSCCfirst-tlme . homeowner fund investments ,.. Odes and towns wirh HTSCC mufti.famlly rental housing. L...I special needs and/or homeless assisrance fund invesrmenrs PUBLISHED MONTHLY BYTHE HOUSING TRUST OF SANTA CLARA COUNTY 1 1786 TECHNOLOGY DRIVE, SAN JOSE CA, 951 1 0 I 408.436.3450 I WWW.HOU5INGTRUSTSCC.ORG 3-Y · CUPERJINO DRAFT MINUTES CUPERTINO CITY COUNCIL Regular Meeting Tuesday, May 3, 2005 PLEDGE OF ALLEGIANCE At 6:45 p.m. Mayor Kwok called the meeting to order in the Council Chamber, 10350 Torre Avenue, Cupertino, California, and led the Pledge of Allegiance. ROLL CALL City Council members present: Mayor Patrick Kwok, Vice-Mayor Richard Lowenthal, and Council members, Sandra James, Dolly Sandoval, and Kris Wang. Council members absent: none. CLOSED SESSION - None Mayor Patrick K wok held a moment of silence in memory of Willi Hagenlocher, founder of the American Youth Soccer Organization (A YSO). He also sent best wishes to Linda Walker, chairperson of the Cupertino Senior Citizens' Commission, for a speedy recovery from her illness. CEREMONIAL MATTERS - PRESENT A TIONS I. Proclamation to Ralph Qualls for the James L. Martin award from the League of California Cities as Public Works Director of the Year. (No documentation in packet). Mayor K wok presented the proclamation to Ralph Qualls. 2. Presentation by the Vallev Transportation Authority (VTA) regarding the VTA long-term Transit Capital Investment Program. (No documentation in packet). This item was dropped ITom the agenda. POSTPONEMENTS - None L¡~I May 3, 2005 Cupertino City Council Page 2 WRITTEN COMMUNICATIONS Council members received copies of the following items: . Item No. 20, packet of infonnation from Assemblywoman Sally Lieber's office. ORAL COMMUNICATIONS Nick Garcia, La Mar Dr., representing a number of people opposed to the Regnart Creek Trail, expressed the following concerns: crime; bike and pedestrian safety; trail safety; quality of life issues; destruction of natural habitat; limited access to the trail. CONSENT CALENDAR Sandoval/James moved and seconded to approve the items on the Consent Calendar as recommended, with the exception of Item Nos. 3, 7, and 8, which were pulled for discussion. Vote: Ayes: Kwok, Lowenthal, Sandoval, Wang, and James. Noes: None. Absent: None. 4. Adopt resolutions accepting Accounts Payable for April I, 8, and 15, Resolution Nos. 05- 059 to 05-061. 5. Adopt resolutions accepting Payroll for April 8 and 22, Resolution Nos. 05-062 to 05- 063. 6. Adopt a resolution approving the destruction of records from the City Clerk department, Resolution No. 05-064. 9. Accept applications for an Alcoholic Beverage License: a) Ramenrama Red Miso (on-sale beer and wine), 19772 Stevens Creek Blvd. (new restaurant next to the Elephant Bar) b) The Blue Pheasant Restaurant, 22100 Stevens Creek Blvd. 10. Adopt resolutions approving a final parcel map and improvement plans: a) 21851 Lomita Avenue, Lands ofLi, APN 357-16-064. The resolution authorizes execution of an Improvement agreement, and signing of the parcel map and improvement plans, Resolution No. 05-066 b) Tracy Hsu and Huei-Hwang Hung, husband and wife as community property with right of survivorship, and Kong-Yeu Han and Suejane Han, husband and wife as community property with right of survivorship, all as Tenants in Common, 21811 San Fernando Avenue, APN 357-]5-082, Resolution No. 05-067 t.{-;¿ May:;' 2005 Cupertino City Council Page 3 II. Adopt resolutions approving a Grant of Easement for roadway for Tracv Hsu and Huei- Hwang Hung, husband and wife as community property with right of survivorship, and Kong- Y eu Han and Suejane Han, husband and wife as community property with right of survivorship, all as Tenants in Common, 21811 San Fernando Avenue, APN 357-15-082. The resolution authorizes execution of an Improvement agreement, and signing of the parcel map and improvement plans Resolution No. 05-068. 12. Accept municipal improvements (No documentation in packet): a) William A. Hurt, 21740 Alcazar Avenue, APN 357-19-011 b) Richard Shwe and Alma M. Shwe, 21840 Hermosa Avenue, APN 357-16-054 13. Adopt resolutions approving parcel maps: a) Suvi Shao, Jian Cai and Mei Ling, 10440 South Blaney Avenue, Resolution No. 05-069 . b) Cupertino Estate LLC, 22291 Cupertino Road, Resolution No. 05-070 ITEMS REMOVED FROM THE CONSENT CALENDAR (above) 3. Approve the minutes from the March 15 and April 5 City Council meetings. Richard Lowenthal offered his support to Sandra James regarding her involvement with the Advocates for a Better Cupertino (ABC) committee. Lowenthal/Sandoval moved and seconded to approve the minutes. The motion carried unanimously. Lowenthal/Sandoval moved and seconded to reconsider the first motion to approve the minutes. The motion carried unanimously. Lowenthal/Sandoval moved and seconded to approve the April 5 minutes with an amendment to item number 20, reflecting Council's direction to allow people to re-apply for the Human Service Grants. The motion carried with Sandra James abstaining. Sandoval/James moved and seconded to approve the March 15 minutes as presented. The motion carried unanimously. 7. Adopt a resolution designating the order of succession of the office of City Manager, Resolution No. 05-065. James/Sandoval moved and seconded to adopt Resolution No. 05-065 regarding the order of succession of the office of City Manager with the following amendment: I.E. should read, "Other management staff as appropriate." The motion carried unanimously. L(-3 May 1, 2005 Cupertino City Council Page 4 8. Accept the Treasurer's Investment and Budget Report for March 2005. (Documentation will be available at the meeting). This item was continued to the next meeting. PUBLIC HEARINGS 14. Consider Application No. EXC-2005-0l, Jimbo Schwalb, 10655 Santa Lucia Road, APN 342-17-098: an appeal of a Design Review Committee denial of a fence exception to allow motorized controls on an existing manual vehicular driveway gate at an existing single-family residence. This item is Categorically Exempt and the Planning Commission recommends upholding the appeal. Community Development Director Steve Piasecki reviewed the staff report via a PowerPoint slideshow. Mayor Kwok opened the public hearing. Applicant Jimbo Schwalb expressed concern over inaccuracies in the staff report, the need for an amended fence ordinance, and safety on his property without an automated gate. Mayor Kwok closed the public hearing. James/Wang moved and seconded to review the fence ordinance and bring it back for discussion and review. The motion carried unanimously. James/Wang moved and seconded to deny the appeal. The motion carried with Richard Lowenthal voting no. ]5. Consider adopting a resolution approving the 2005-06 Annual Action Plan and the use of third program year (2005-06) Community Development Block Grant (CDBG) Funds, Resolution No. 05-071. Senior Planner Vera Gil reviewed the staff report. Mayor K wok opened the public hearing. Robert Douglas from Economic and Social Opportunities (ESO) said that funds had been removed from his organization and moved to another program that provided affordable housing. He said that his organization also provides affordable housing, and asked Council to re-consider its decision, and to fund ESO fully. Mayor Kwok closed the public hearing. James/Wang moved and seconded to adopt Resolution No. 05-07] approving the 2005-06 Annual Action Plan and the use of third program year (2005-06) Community Development Block Grant (CDBG) funds. The motion carried unanimously. 4-L( May 3, 2005 Cupertino City Council Page 5 16. Consider adopting a resolution amending Resolution No. 05-056, to reference the candidate statement fee in the 2005-2006 Fee Schedule, Resolution No. 05-0n. (This item was continued from 4/5/05). Council members Dolly Sandoval and Kris Wang recused themselves from participation because of a potential conflict of interest, since they may choose to run for office again, and may have to pay the candidate statement fee. Mayor Patrick Kwok also had a potential conflict of interest but had been chosen by random selection to participate in order to make up the quorum. Sandoval and Wang left the Council Chamber at 7:45 p.m. JamesILowenthal moved and seconded to adopt Resolution No. os-on, which referenced the candidate statement fee in the fee schedule. The motion carried 3-0, with James, Kwok, and Lowenthal in favor, and Sandoval and Wang abstaining. At 7:47 p.m., Sandoval and Wang were present. UNFINISHED BUSINESS 17. Review bids and award the contract for Blackberry Farm Golf Course Maintenance, Project No. 2005-01 to Professional Turf Management in the amount of $186,nO per year. Lowenthal/Sandoval moved and seconded to award the contract to Professional Turf Management in the amount of $186,nO per year, and directed staff to ask if the City's ground maintenance crew were interested in maintaining the golf course in the future. The motion carried unanimously. NEW BUSINESS Mayor Kwok re-ordered the agenda to take up item No. 20 next. 20. Presentation by Santa Clara Valley Water District (SCVWD) staff of a status report on the Calabasas Creek and Bollinger Bridge and Bikewav Proiect. Council received the report via a PowerPoint presentation regarding the status of this project, from Deputy Operating Officer Beau Goldie, with the Lower Peninsula/West Valley Watershed District. Mayor Kwok re-ordered the agenda to take up item No. 18 next. 18. Presentation regarding state budget by Assistant Speaker Pro Tern Sally Lieber. (No documentation in packet). Assistant Speaker Pro Tern Sally Lieber presented Ralph Qualls with a special recognition from the State Assembly in conjunction with the award presented earlier in the evening from the League of California Cities. , <:- L(-.> May 3, 2005 Cupertino City Council Page 6 Council received an oral presentation by Assistant Speaker Pro Tem Sally Lieber on the status of the California State budget, as well as copies of the following documents: "Highlights of the Analysis of the 2005-06 Budget Bill"; "Santa Clara County Budget ]mpact"; Highlights of the 2005-06 Perspectives and Issues"; and "Cal Facts" dated Dec. 2004. Cupertino Union School District (CUSD) Board Member Pearl Cheng talked about education initiatives and other measures. 19. Adopt a resolution supporting AB 1590 (Lieber and Cohn) regarding Property Tax Revenue Allocations for Special Districts - Santa Clara Valley Water District (SCVWD), Resolution No. 05-073. James/Lowenthal moved and seconded to adopt resolution No. 05-073 supporting AB 1590. The motion carried unanimously. Item number 20 was taken out of order after item number 17. Dolly Sandoval left the meeting at 8:40 p.m., after item number 19. 21. Adopt resolutions regarding the retrofit of Los Altos Garbage Company (LAGCO) refuse trucks: a) Authorizing the City Manager to execute an agreement with the Bav Area Air Oualitv Management District (BAAQMD) that will enable the City to receive a Transportation Fund for Clean Air (TFCA) grant in the amount of $63,000.00 for the retrofit of Los Altos Garbage Company (LAGCO) refuse trucks with emission control devices, Resolution No. 05-074 b) Authorizing the City Manager to negotiate and execute an agreement with LAGCO for the use of the BAAQMD funds in the amount of $63,000.00 and the use of the previously approved TFCA funding in the amount of $110,000.00, both for the retrofit of refuse trucks to serve Cupertino customers, Resolution No. 05- 074a Lowenthal/James moved and seconded to adopt Resolution No. 05-074 authorizing the City Manager to execute an agreement with the Bay Area Air Quality Management District regarding a grant for the retrofit of refuse trucks, and Resolution No. 05-074a authorizing the City Manager to execute an agreement with Los Altos Garbage Company related to the retrofit of refuse trucks. The motion carried 4-0 with Dolly Sandoval absent. 22. Adopt resolutions authorizing grant applications: a) Adopt a resolution authorizing the City Manager to apply for, accept, and appropriate an allocation of 2005-06 Transportation Development Act Article 3, L{-~ May 3, 2005 Cupertino City Council Page 7 Pedestrian and Bicycle Project grant funding from the Metropolitan Transportation Commission, in the amount of $38,361.00, for the Mary Avenue Bicycle Footbridge, Resolution No. 05-075 b) Adopt a resolution authorizing the City Manager to apply for, accept, and appropriate $450,000.00 in State Safe Routes to School, Cycle 6, funding for the Garden Gate School Zone Traffic Calming Project and a commitment for an additional $2,500 in local matching funds, for a total local match of $50,000, Resolution No. 05-076 c) Adopt a resolution authorizing the City Manager to apply for, accept, and appropriate 2005-06 Federal Hazard Elimination Safety (HES) funds in the amount of $67,500.00 for the State Route 85/Stevens Creek Boulevard Pedestrian Facility Improvement Project, with local matching funds of $7,500, and in the amount of $172,800.00 for the Pedestrian Countdown Signal Head at Various Locations Project, with local matching funds of$19,200, Resolution No. 05-077. Lowenthal/James moved and seconded to adopt Resolution No. 05-075, regarding funding for the Mary Avenue Bicycle Footbridge; Resolution No. 05-076 regarding funding for the Garden Gate School zone traffic calming project; and Resolution No. 05-077 regarding funding for the State Route 85/Stevens Creek Boulevard Pedestrian Facility improvement project and for the Pedestrian Countdown Signal Head locations project. The motion carried 4-0 with Dolly Sandoval absent. 23. Approve the Planning Commission Work Program for 2005-2006. Lowenthal/James moved and seconded to accept the Planning Commission work program for 2005 with suggestions to add a park at the Santa Clara County Roads and Airports property near the corner of 1-280 and Lawrence; alternative park dedication ideas for amenities such as a gymnasium; country club possibility; in-lieu fees; renew the noticing policy; housing allocation issue; update the sign ordinance. The motion carried 4-0 with Dolly Sandoval absent. The plan included the following items: City Council Goals · VallcolHP Neighborhood Park · General Plan Update Planning Proiects · Implementation of General Plan policies Private Proiects · Toll BrothersIHP · Vallco Fashion Park cinemas · Sobrato Office/Industrial to Residential Site · Taylor Woodrow Office/Industrial to Residential Site 4-7 May 3, 2005 Cupertino City Council Page & 24. Amend the Investment Policv to require quarterly investment reports: a) Conduct the first reading of Ordinance No. 1961: "An Ordinance of the City Council of the City of Cupertino Amending Chapter 2.24.050 of the Cupertino Municipal Code Related to Monthly Reports." Lowenthal/James moved and seconded to adopt a resolution (No. 05-078) requiring quarterly investment reports until the position of finance director is filled. The motion carried 4-0 with Dolly Sandoval absent. 25. Schedule an additional date for a Budget Advisory Study Session in the event that documents are not ready in time for the scheduled study session on May 31. Suggested dates are Monday June 6, or Tuesday June 7 at 4:00 p.m. Council concurred to schedule an additional meeting, if needed, for June 2 at 4:00 p.m. in the City Council Chamber. ORDINANCES - None STAFF REPORTS 26. The next General Plan hearing is scheduled for May ]0, 2005, at 6:45 p.m. in the City Council Chamber of the Cupertino Community Hall. (No documentation in packet). Council discussed the Planning Commission's desire to have an additional month to finish its work on the General Plan. Council directed staff to notify the Planning Commission to have no delays if possible, and to come back to council for discussion. The public was invited to attend this General Plan hearing. COUNCIL REPORTS Council members highlighted the activities of their committees and various community events. ADJOURNMENT At 9:41 p.m. the meeting was adjourned in memory of City Manager Dave Knapp's mother-in- law, who recently passed away. Grace Schmidt, Deputy City Clerk L[-g May 3, 2005 Cupertino City Council Page 9 For more information: Staff reports, backup materials, and items distributed at the meeting are available for review at the City Clerk's Office, 777-3223, and also on the Internet at www.cupertino.org.Click on Agendas & Minutes! City Councill Packets. Most Council meetings are shown live on Cable Channel 26, and are available at your convenience from our web site. Visit www.cupertino.org and click on Watch Meetings. Videotapes are available at the Cupertino Library, or may be purchased from the Cupertino City Channel, 777-2364. L{-9 DRAFT RESOLUTION NO. 05-079 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 22, 2005 WHEREAS, the Director of Administrative Services or her designated representative has certified to accuracy of the following claims and demands and to the availability of funds for payment hereof; and WHEREAS, the said claims and demands have been audited as required by law. NOW, THEREFORE, BE IT RESOLVED, that the City Council hereby allows the following claims and demands in the amounts and from the funds as hereinafter set forth in Exhibit "A". CERTIFIED: ~a~ D'fAdm" . S . ¡rector 0 ¡llistratJve e!V1ces PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this 17thdayof May ,2005, by the following vote: Vote Members of the Citv Council AYES: NOES: ABSENT: ABSTAIN: ATTEST: APPROVED: City Clerk Mayor, City of Cupertino 5-1 04/21/05 ACCOUNTING PBRIOD: 10/05 CITY OF CUPBRTINO CRBCK RBGIS'1'BR - DISBURSBMENT FUND SELSCTION CRITERIA: transact. trans_date between "04/18/2005" and "04/22/2005- FUND - 110 - GENERAL FUND 1020 CASH ACCT CHECK NO 617443 1020 1020 1020 TOTAL CHECK 1020 1020 1020 1020 1020 1020 TOTAL CHECK 1020 1020 1020 1020 TOTAL CHECK 1020 1020 1020 1020 TOTAL CHECK 1020 1020 TOTAL CHBCK 1020 1020 1020 1020 1020 1020 1020 1020 617444 617445 617445 617446 617447 617447 617447 617447 617447 617448 617448 617448 617448 617449 617450 617451 617451 617452 617452 617453 617454 617455 617456 617457 617458 617459 617460 04/22/05 4 ISSUE DT --------------VENDOR------------- FUND/DEPT 1108501 04/22/05 3292 04/22/05 04/22/05 04/22/05 1680 04/22/05 04/22/05 04/22/05 04/22/05 04/22/05 04/22/05 04/22/05 04/22/05 04/22/05 04/22/05 M 858 858 1884 1884 1884 1884 1884 2276 2276 2276 2276 04/22/05 ME2005 04/22/05 04/22/05 04/22/05 04/22/05 M2005 M2005 2330 2330 04/22/05 M 04/22/05 ME2005 04/22/05 ME2005 04/22/05 3233 04/22/05 M 04/22/05 1475 04/22/05 ME2005 04/22/05 ME2005 RUN DATE 04/21/05 TIME 11:57:37 A T & T A.A.R.P. 5506549 ACI HOLDINGS, INC. ACI HOLDINGS, INc. 1100000 1100000 ADVANTAGB GRAFIX 1103300 ALBBRTSONS-NORTHBRN DIVI 5806449 ALBBRTSONS-NORTHBRN DIVI 5806349 ALBERTSONS-NORTHERN DIVI 5806349 ALBBRTSONS-NORTHBRN DIVI 5806349 ALBBRTSONS-NORTHBRN DIVI 5806449 ALHAMBRA ALHAMBRA ALHAMBRA ALHAMBRA 5706450 1106265 1104510 1104510 ALTIBRI, JUNE 580 ALVAREZ, NICK no AMBRICAN BRANDS CONSTRUC 1100000 AMERICAN BRANDS CONSTRue 1100000 AMERICAN INDUSTRIAL SUPP 1108303 AMERICAN INDUSTRIAL SUPP 1108315 ARNST, PETE no AZUMA, KYOKO 580 BARRAGAN, MANUEL no BEST ROOFING AND WATERPR 4209227 BHATT, StJBRAMANYA 580 BILL'S TRBE CARB AND LAN 1108303 BLOOMQUIST, CURTIS no BLOOMQUIST, CURTIS 1108201 -----DBSCRIPTION------ APRIL2005 STATBMENT 55 ALIVE COURSB 5/04 JUL-DEC TRIPLE FLIP JAN-MARCH 2005 CITY BROCHURE SUPPLIES A26306 SUPPLIES 25830 SUPPLIES 25832 SUPPLIES 25887 SUPPLIES 25462 BOTTLE WTR 434585865 WATBR DELIVERY AND DIS BOTTLED WTR 424135440 BOTTLBD WTR 424139947 Refund: check - SPRING MEDICARE TAX REFUND CANCBLLED APPLICATION CANCELLED APPLICATION SUPPLIES A27384 SUPPLIES A27359 MBDICARE TAX REFUND Refund: Check - REFUND MEDICARE TAX REFUND ADD D~NS/BXTENSIONS Refund: check - SPRING TRIM PINBS OVER TENNIS MBDICARE TAX REFUND TRAeON CONF 5/3-6 SALES TAX 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0,00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 - FINANCIAL ACCOUNTING ~ PAGE 1 AMOUNT 24.06 280.00 263736.24 297141.83 560878.07 2766.33 58.49 33.14 48.15 33.17 15.55 188.50 68.07 98.37 242.66 84.05 493.15 35.00 13.90 191. 00 963.00 1154.00 483.88 588.84 1072.72 12.51 100.00 13.90 800.00 198.00 1450.00 13 .90 122.50 )'-;( 04/21/05 CITY OF CUPERTINO PAGE 2 ACCOUNTING PERIOD: 1010s CHECK REGISTER - DISBURSEMENT FUND SELECTION CRITERIA: transact. trans_date between "04/18/2005" and "04/22/2005" FUND - 110 - GENERAL FUND CASH ACCT CHBCK NO ISSUE DT --------------VENDOR------------- FUND/DEFT -----DBSCRIPTION------ SALES TAX AMOUNT 1020 617461 04/22/05 ME2005 BLOOMQUIST, TY 110 MEDICARE TAX REFUND 0.00 8.52 1020 617462 04/22/05 ME2GOS BOCENE, WILLIAM 110 MEDICARE TAX REFUND 0.00 10.8a 1020 617463 04/22/05 ME2005 BRIDGE I WILLIAM 110 MEDICARE TAX REFUND 0.00 13.90 1020 617464 04/22/05 2895 BROWING-FERRIS INDUSTRIB 5208003 VOLUME MARCH200S 0.00 115917.70 1020 617465 04/22/05 3314 BRUCE'S TIRE INC 6308840 FY 2004-2005 OPEN PURe 0.00 94.87 1020 617466 04/22/05 120 C. B. TOOL CO 1108503 SUPPLIES 0.00 57.48 1020 617467 04/22/05 2768 CALIFORNIA T-SHIRT CO. 110a201 UNIFORMS 0.00 5292.39 1020 617467 04/22/05 2768 CALIFORNIA T-SHIRT co. 110B20l GIFT CARD 0.00 -25.00 TOTAL CHBCK 0.00 5267.39 1020 61746B 04/22/05 ME2005 CARIAGA, ABE 110 MEDICARE TAX REFUND 0.00 13.90 1020 617469 04/22/05 2232 CARIAGA, LOURDES 110 CSGARNSMNT 0.00 306.50 1020 617469 04/22/05 2232 CARIAGA, LOURDES 110 SSGARNSMNT 0.00 103.B4 TOTAL CHECK 0.00 410.34 1020 617470 04/22/05 2646 CDW-G 1103300 ADOBE CREATIVB SUITE I 0.00 2001.06 1020 617470 04/22/05 2646 CDW-G 1104300 ADOBE CREATIVE SUITE I 0.00 210.49 1020 617470 04/22/05 2646 CDW-G 1104300 ADOBE CREATIVB SUITE I 0.00 3.53 1020 617470 04/22/05 2646 CDW-G 1103300 ADOBE CREATIVB SUITE I 0.00 33.52 1020 617470 04/22/05 2646 CDW-G 1104300 VIEW SONIC ADOBE PHOTO 0.00 192.16 1020 617470 04/22/05 2646 CDW-G 6104BOO VIEW SONIC ADOBE PHOTO 0.00 140.99 1020 617470 04/22/05 2646 CDW-G 1101000 VIBW SONIC ADOBE PHOTO 0.00 6.48 1020 617470 04/22/05 2646 CDW-G 1104300 VIEW SONIC ADOBE PHOTO 0.00 10.78 1020 617470 04/22/05 2646 CDW-G 1104300 VIEW SONIC ADOBE PHOTO 0.00 319.05 1020 617470 04/22/05 2646 CDW-G 6104800 VIEW SONIC ADOBE PHOTO 0.00 7.91 1020 617470 04/22/05 2646 CDW-G 6104800 VIEW SONIC ADOBE PHOTO 0.00 234.10 1020 617470 04/22/05 2646 CDW-G 1101000 VIEW SONIC ADOBB PHOTO 0.00 191.61 1020 617470 04/22/05 2646 CDW-G 1101000 VIEW SONIC ADOBE PHOTO 0.00 115.41 TOTAL CHECK 0.00 3467.09 1020 617471 04/22/05 2658 CBNTRAL PRECAST CONCRETE 1108314 LINER/FUNNEL A27392 0.00 532.59 1020 617472 04/22/05 1057 CERIDIAN BENEFITS SERVIC 110 *FLBX DEP/240125 0.00 14.43 1020 617472 04/22/05 1057 CERIDIAN BENEFITS SERVIC 110 *FLBX HLTH/240125 0.00 433 .60 TOTAL CHECK 0.00 448.03 1020 617473 04/22/05 1156 CHA 110 CRA 0.00 93 .00 1020 617474 04/22/05 M CHEN, JOYCB SSO Refund: Check - SPRING 0.00 34.00 1020 617475 04/22/05 178 COLONIAL LIFE & ACCIDENT 110 COLONIAL/E7013899 0.00 295.83 1020 617475 04/22/05 178 COLONIAL LIFE & ACCIDENT 110 *COLONIAL/E7013899 0.00 173.19 TOTAL CHECK 0.00 469.02 RUN DATE 04/21/05 TIME 11:57:37 - FINANCIAL ACCOUNTING )-3 04/21/05 ACCOUNTING PERIOD: 10/05 CITY OF CUPBRTINO CHECK REGISTER - DISBURSEMENT FUND SBLBCTION CRITERIA: transact.traus_date between n04/1S/2005n and "04/22/2005" FUND - 110 - GENERAL FUND 1020 CASH ACCT CHBCK NO 617476 1020 1020 1020 1020 TOTAL CHECK 1020 1020 1020 1020 1020 1020 TOTAL CHECK 1020 1020 1020 1020 617477 617478 617479 6174751 617480 617480 617480 617480 617460 617480 617481 617482 617483 617484 1020 617485 1020 617485 TOTAL CHECK 1020 1020 617487 617486 1020 617488 1020 617489 1020 617490 1020 617491 1020 617492 1020 617493 1020 617494 1020 617494 TOTAL CHECK 1020 617495 04/22/05 1606 ISSUE DT --------------VENDOR------------- FUND/DEPT 04/22/05 183 04/22/05 1194 04/22/05 04(22/05 1579 1579 04/22/05 04/22/05 04/22/05 04/22/05 04/22/05 04/22/05 194 194 194 194 1.. 194 04/22/05 1212 04/22/05 209 04/22/05 1242 04/22/05 3117 04/22/05 223 04/22/05 223 04/22/05 ME2005 04/22/05 996 04/22/05 ME2005 04/22/05 233 04/22/05 242 04/22/05 243 04/22/05 1949 04/22/05 ME2005 04/22/05 3319 04/22/05 3319 04/22/05 274 RUN DATE 04/21/05 TIME 11:57:37 COLOUR SHOPPB DRAPBRIBS 4239222 COURTESY TOW COTTON SHIRES & ASSO INC 110 6308840 CUPERTINO LOC-N-STOR LLC 1108501 CUPBRTINO LOC-N-STOR LLC 1108503 CUPERTINO SUPPLY CUPERTINO SUPPLY CUPERTINO SUPPLY CUPERTINO SUPPLY CUPERTINO SUPPLY CUPERTINO SUPPLY BEE & WASP REMOVAL DE ANZA SERVICES INC INO INO INO 1NO INO 1NO 1108506 1108312 1108504 5708510 1108503 1108312 1108314 1108508 DIGITAL PRINT IMPRESSION 1108101 1108502 DOLPHIN DESIGN INC DON & MIKE'S SWEEPING IN 5208003 DON & MIKE'S SWEEPING IN 5208003 DRAKE, MICHAEL DO-ALL SAFETY DUNN, DON ECONOMIC DRIVING SCHOOL EMPLOYMENT DBVEL DEPT EMPLOYMENT DEVELOPMENT EVENT SERVICES FERGUSON, DAVID FISHER, LYNN FISHER, LYNN FRY'S ELECTRONICS no 1108201 no 5806249 no no 1108503 no 1103400 1103400 1108303 -----DESCRIPTION------ CUSTOM BLINDS GEOLOGIC REVIEW FY 2004-2005 OPEN PURC G-34 RENT MAY2005 G-33 RENT MAY2005 FY 2004-2005 OPEN PURC FY 2004-2005 OPEN PURC FY 2004-2005 OPEN PURC FY 2004-2005 OPEN PURC FY 2004-2005 OPEN PURC FY 2004-2005 OPEN PURC BEE HIVE REMOVAL ADD.SERV.WILSON PARK B. CARDS/ARRANTS AQUARIUM SERV APRIL05 SPECIAL SWEEP MAR2005 SWEEPING SERV MAR2005 MEDICARE TAX REFUND SAFETY CONSULT MAR05 MEDICARE TAX REFUND SERVICE AGREEMENT FOR SIT/932-0014-5 SDI/776-5260-0 RENTAL MARCH2005 MEDICARE TAX REFUND BROCHURE/INSERTS APRIL SCENE SUPPLIES A26681 SALES TAX 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 - FINANCIAL ACCOUNTING PAGE 3 AMOUNT 1457.00 262.35 89 .00 217.00 217.00 434.00 13.95 46.92 177 .64 51.34 16.13 812.02 1118.00 95.00 95.00 68.54 1350.00 422.82 8456.40 8879.22 15,33 1050.00 13.90 3080,00 16661.11 995.45 16'2.38 13.90 690,00 120.00 810,00 380.99 )'-L( 04/21/05 ACCOUNTING PERIOD: 10/05 CITY OF CUPBRTINO CHECK REGISTBR - DISBURSBMENT FUND SELECTION CRITERIA: transact. trans_date between "04/~8(2005" and "04(22(2005" FUND - 110 - GBNERAL FUND CASH ACCT CHBCK NO 1020 1020 1020 1020 1020 1020 1020 ~020 TOTAL CHBCK 1020 1020 1020 1020 1020 1020 1020 ~020 ~020 1020 617496 617497 617498 617499 617500 617500 617500 617500 617501 6~7502 617503 617504 617505 617506 617507 617508 617509 617510 1020 617511 1020 6~7511 1020 617511 TOTAL CHECK 1020 1020 1020 1020 1020 1020 617512 617513 617514 6175~5 617516 617517 ISSUE DT --------------VENDOR------------- FUND(DEPT 04/22/05 M 04(22/05 MB2005 04/22(05 MB2005 04/22(05 2476 04(22/05 281 04/22(05 281 04/22/05 281 04(22/05 281 04/22(05 ME2005 04(22(05 MB2005 04/22/05 M 04/22/05 298 04/22/05 301 04/22/05 MB2005 04/22/05 ME2005 04/22/05 2540 04/22/05 334 04/22/05 MB2005 04/22/05 1898 04/22/05 1898 04/22/05 1898 04/22/05 M 04/22/05 M2005 04/22/05 343 04/22/05 346 04/22/05 2865 04/22/05 353 RUN DATB 04(21(05 TIME 11:57:38 GAMBHIR, DALBIR 580 GARCIA, RALPH no GARCIA, RICHARD 110 M M I POWBR BQUIPMENT 6308840 GARDBNLAND GARDBNLAND GARDENLAND GARDBNLAND 1108312 1108303 1108303 1108314 GATHERS, BRIAN 110 GBISSHIRT, GARY 110 GONZALEZ, ANGELINA 580 G~NGER INC 1108504 GRAYBARELBCTRIC CO INC 1108501 HBMBRBB, TODD 110 HBTLAND, JOHN 110 HILTI 2708405 HOMB DEPOT CRBDIT SBRVIC 1108408 HOOK, ROBBRT no HORIZON HORI ZON HORIZON 1108407 1108407 1108312 HOULSBY, SHELLBY 580 I I M C 1104300 ICMA RBTIRBMBNT TRUST-45 110 INDBPBNDENT ELECTRIC suP 2708405 INTUIT TECHNOLOGY SOLUTI 6104800 IRON MOUNTAIN 1104300 -----DBSCRIPTION------ Refund: Check - SPRING MEDICARE TAX REFUND MBDICARE TAX RBFUND EQUIPMENT PARTS 26668 PARTS/SUPPLIBS A26675 PARTS/SUPPLIBS A26673 PARTS/SUPPLIES A26676 PARTS/SUPPLIBS A26677 MEDICARB TAX RBFUND MBDICARB TAX REFUND Refund: Check - SPRING FY 2004-2005 OPBN PURC PARTS/SUPPLIES MEDICARE TAX REFUND MEDICARE TAX REFUND GRINDER A26670 PARTS/SUPPLIES A27386 MBDICARE TAX RBFUND FY 2004-2005 OPEN PURC FY 2004-2005 OPEN PURC FY 2004-2005 OPEN PURC Refund: Check - SPRING MBRSHP RNWL GUBRIN 'lCMA PARTS/SUPPLIES SUPPORT 5/18-5/17/06 FY 2004-2005 OPEN PURC SALBS TAX 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 - FINANCIAL ACCOUNTING PAGE 4 AMOUNT 35.50 13 .90 13.66 162.72 538.39 538.47 518.16 538.39 2133.41 13.90 2.22 64.00 109.50 71.95 13.90 13 .18 242.48 511.51 13.90 39.35 227.03 605.01 871.39 330.00 91.00 6077 .14 129.11 306.25 824.00 5" - ,) 04/21/05 CITY OF CUPERTINO PAGE 5 ACCOUNTING PBRIOD: 10/05 CHECK REGISTER - DISBURSEMENT FUND SELBCTION CRITERIA: transact. trans_date between "04/18/2005" and "04/22/2005" FUND - 110 - GENERAL FUND CASH' ACCT CHBCK NO ISSUB DT --------------VBNDOR------------- FUND/DEFT -----DESCRIPTION------ SALES TAX AMOUNT 1020 617518 04/22/05 M ITO. CHIAKI 580 Refund: Check - SPRING 0.00 330.00 1020 617519 04/22/05 2818 JABCO 1108005 SUPPLIES 0.00 279.61 1020 617520 04/22/05 ME200S JENSEN. GORDON 110 MEDICARE TAX REFUND 0.00 13.90 1020 617521 04/22/05 2285 KATHRYN KELLY JOBSTBN 1106265 SERVICE AGREEMENT FOR 0.00 275.00 1020 617522 04/22/05 M2005 JOHNSON, LEROY 11.00000 UUT REIMBURSEMENT 0.00 307.28 1020 617523 04/22/05 M200S JU. DONG-HYUl( 110 ENCROACH BOND RELEASE 0.00 500.00 1020 617524 04/22/05 3313 KOHLWEISS AUTO PARTS 6308840 FY 2004-2005 OPBN FURe 0.00 86.28 ~020 6~7524 04/22/05 3313 KOHLWEISS AUTO PARTS 6308840 FY 2004-2005 OPBN FURe 0.00 155.02 1020 617524 04/22/05 3313 KOHLWBISS AUTO PARTS 6308840 FY 2004-2005 OPBN FURe 0.00 78.90 1020 617524 04/22/05 3313 KOHLWBISS AUTO PARTS 6308840 FY 2004-2005 OPBN FURe 0.00 -17.53 1020 617524 04/22/05 3313 KOHLWBISS AUTO PARTS 6308840 FY 2004-2005 OPBN FURe 0.00 17.53 1020 617524 04/22/05 3313 KOHLWBISS AUTO PARTS 6308840 FY 2004-2005 OPBN FURe 0.00 14.45 TOTAL CHECK 0.00 334.65 1020 617525 04/22/05 M KONDO, MIYUKI 580 Refund: Check - SPRING 0.00 330.00 1020 617526 04/22/05 M2005 KUANG, KAI-PING llO BNCROACH BOND RBLEASB 0.00 4320.00 1020 617527 04/22/05 MB2005 LABRIB, MARe 110 MBDICARB TAX RBFUND 0.00 12.94 1020 617528 04/22/05 ME2005 LAITILA, MICHAEL 110 MEDICARE TAX REFUND 0.00 12.94 1020 617529 04/22/05 1396 LIBBERT CASSIDY WHITMORE 1104510 CU060 00001 RCB 0.00 125.00 1020 617529 04/22/05 1396 LIEBBRT CASSIDY WHITMORB 1104510 CBA NEGOTIATION (05) 0.00 1925.00 TOTAL CHSCK 0.00 2050.00 1020 617530 04/22/05 ME200S LOMAN . HERMAN 110 MEDICARB TAX RBFUND 0.00 15.65 1020 617531 04/22/05 MB2005 LOMAS, RUTILIO 110 MEDICARB TAX RBFUND 0.00 13.90 1020 617532 04/22/05 ME2005 LOOMIS, MIKE 110 MEDICARB TAX REFUND 0.00 13.90 1020 617533 04/22/05 MB2005 LOOMIS, MIKE 1108201 TRACON CONF 5/3-6 0.00 122.50 1020 617534 04/22/05 ME2005 LOPEZ, ANGEL 110 MEDICARE TAX RBFUND 0.00 12.55 1020 617535 04/22/05 2912 LUCKY I & I PORTABLE SER 5208003 RENTAL 0.00 92.01 1020 617536 04/22/05 M MA. MIN (LAURA) 5SO Refund: Check - SPRING 0.00 81. 00 1020 617537 04/22/05 ME2005 MABUTAS , CLIFF 110 MBDICARE TAX REFUND 0.00 12.94 1020 617538 04/22/05 MB20D5 MARTINEZ, CINDY 110 MEDICARE TAX REFUND 0.00 13 .90 RUN DATE 04/21/05 TIME 11:57:38 - FINANCIAL ACCOUNTING é) A,R 04/21/0S ACCOUNTING PERIOD: 10/05 CITY OF CUPERTINO SBLBCTION CRITBRIA: transact. trans_date between "04/18/2Q05" and "04/22/2005" CHBCK RBGISTER - DISBURSEMENT FUND FUND - 110 - GENERAL FUND 1020 CASH ACCT CHBCK NO 617539 1020 1020 1020 1020 1020 617540 617541 617542 617543 1020 617545 617544 1020 617546 1020 617546 TOTAL CHBCK 1020 1020 617547 617548 1020 1020 1020 1020 1020 1020 1020 TOTAL CHBCK 1020 1020 1020 1020 1020 TOTAL CHBCK 1020 1020 1020 1020 1020 1020 1020 1020 617549 617549 617549 617549 617549 617549 617549 617550 617551 617552 617553 617553 617554 617555 617556 617556 617556 617556 617556 617556 04/22/05 MBlOOS ISSUB DT --------------VENDOR------------- FUND/DBFT 110 04/22/05 2567 04/22/05 MB200S 04/22/05 M 04/22/05 MB200S 04/22/05 302 04/22/05 ME:2005 04/22105 2562 04/22/05 2562 04/22/05 485 04/22/05 2206 04/22/05 04/22/05 04/22/05 04/22/05 04/22/05 04/22/05 04/22/05 493 493 493 493 493 493 493 04/22/05 ME:2005 04/22105 3320 04/22/05 501 04/22105 500 04/22/05 500 04/22/05 502 04/22/05 ME:2005 04/22/05 833 04/22105 833 04/22/05 833 04/22/05 833 04/22/05 833 04/22/05 833 RUN DATE 04/21/05 TIME 11:57:38 MBRTENS, CHRIS MISDU no MIYAKAWA, LAURA 1104510 MONNICK, JOANN 5.0 MORENO, JESUS no NATIONAL DEFBRRBD COMPBN 110 NBMETZ, SCOTT 110 NEWCOMB MBCHANICAL INC. 5708510 NEWCOMB MBCHANlCAL INC. 5708510 NEWMAN TRAFFIC SIGNS 2708405 O.K. FIRE BQUIPMENT COMP 1104400 OFFICB DB POT OFFICB DB POT OFFICB DBPOT OFFICE DEPOT OFFICE DB POT OFFICB DBPOT OFFICB DEPOT 1108101 1104510 1106265 5806249 1104100 1106230 1108201 OLSEN, KARL 110 ONLINBSOLUTIONS 1104530 OPERATING BNGINEERS #3 110 OPERATING ENGINEBRS PUB 110 OPERATING ENGlNEBRS PUB 1104510 OPT INC 6104800 ORR, CHRIS 110 PER S P B R S P B R S P B R S P B R S PER S 110 no 110 110 no 110 -----DBSCRIPTION------ MEDICARE TAX REFUND J TRYBUS 385960533 TRAINING SUPPLIBS Refund: Check - SPRING MEDICARE TAX RBFUND *NAT'L DBF MEDICARE TAX RBFUND EXTRA DUCTING WORK SCOPE OF WORK HVAC REP FY 2004-2005 OPBN PURC RB-CHARGB FIRE EXT. OFFICB SUPPLIES OFFICE: SUPPLIBS OFFICE: SUPPLIBS OFFICE SUPPLIBS OFFICB SUPPLIES OFFICE SUPPLIBS SCANNER MEDICARE TAX RBFUND CODB DATA BASE SPPRT UNION DUBS H & W P.W. BMPLOYEE:S H & W P.W. RETIREES PRINTER MAINTENANCE: MBDICARE TAX REFUND PERS EM PLY *PERS BYBK PBRS 1959 * PE:RS BYBK PBRS SPBC PERS EM/DB SALBS TAX 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 - FINANCIAL ACCOUNTING PAGB 6 AMOUNT 12.60 221.50 71.73 70.00 13 .90 17635.50 13 .90 4950.00 11354.13 16304.13 564.90 208.25 53.04 12.07 174.95 45.10 138.56 84.01 105.40 613.13 13.90 600.00 685.35 4880.00 3050.00 7930.00 133.20 15.33 18183.93 54.34 109.74 1170.37 156.64 3200.76 5-, 04/21/05 CITY OF CUPERTINO PAGE 7 ACCOUNTING PERIOD: 10/OS CHECK REGISTER - DISBURSEMENT FUND SELECTION CRITERIA: tranaact.trans_date between "04/18/2005" and "04/22/2005" FUND - HO - GENERAL FUND CASN AeCT CHECK NO ISSUE DT --------------VENDOR------------- FUND/DEPT -----DESCRIPTION------ SALES TAX AMOUNT 1020 617556 04/22/05 833 P B R S 110 *PERS OE3 0.00 3200.76 TOTAL CHECK 0.00 26076.54 1020 617557 04/22/05 510 P.D.M. STEEL 6308840 SUPPLIES A27393 0.00 526.03 1020 617557 04/22/05 510 P.D.M. STEEL H08303 SUPPLIES A27394 0.00 508.57 TOTAL CHECK 0.00 1034.60 1020 617558 04/22/05 3304 PACIFIC PRODUCTS AND SER 2708405 SUPPLIES 0.00 10010.41 1020 617559 04/22/05 M PARTHASARATHY, SUCHITRA 580 Refund: Check - SPRING 0.00 H7.00 1020 617560 04/22/05 6.0 PENINSULA FORD 6308840 FY 2004-2005 OPEN PURe 0.00 24.03 1020 617561 04/22/05 533 PERS LONG TERM CARE PROG 110 PERS LTC/2405 0.00 104.42 1020 617562 04/22/05 546 PITNEY BOWES INe 1104310 FY 2004-2005 OPEN PURC 0.00 H82.00 1020 617563 04/22/05 ME2005 POLITO, RUSS 110 MEDICARE TAX REFUND 0.00 12.94 1020 617564 04/22/05 2661 PROFESSIONAL TURF MGMNT, 5606640 GOLF COURSE MAINT. 0.00 4400.00 1020 617565 04/22/05 ME2005 PRONI, ANTHONY 110 MEDICARE TAX REFUND 0.00 12.52 1020 617566 04/22/05 2278 QUALLS, RALPH 1108001 CONF 3/29-4/1,4/13-15 0.00 H14.31 1020 617567 04/22/05 2802 QUANTUM DESIGN 1103600 WEB HOSTING APRIL2005 0.00 1500.00 1020 617568 04/22/05 M2005 QUEST DISCOVERY SERVICES 1104300 REMAING BAL REFUND 0.00 12.80 1020 617569 04/22/05 ME2005 RECORDS, JOHN 110 MEDICARE TAX REFUND 0.00 5.72 1020 617570 04/22/05 1071 REPUBLIC ELECTRIC 4209547 PUBLI C WORKS CONTRACI 0.00 18974.60 1020 617570 04/22/05 1071 REPUBLIC ELECTRIC 4209545 SERVICE AGREEMENT FOR 0.00 3524.00 TOTAL CHECK 0.00 22498.60 1020 617571 04/22/05 5.0 RICH VOSS TRUCKING INC 5208003 TRUCKING/COMPOST APR5 0.00 700.00 1020 617572 04/22/05 2482 ROBERT HALF TECHNOLOGY 6104800 K. STAMES W/E 4/15 0.00 1520.00 1020 617572 04/22/05 2482 ROBERT HALF TECHNOLOGY 6104800 K.STAMES W/E 4/08 0.00 1520.00 TOTAL CHECK 0.00 3040.00 1020 617573 04/22/05 3251 CARTER J. ROBINSON 1104400 SERVICB AGRBEMENT FOR 0.00 1200.00 1020 617574 04/22/05 ME2005 RODRIGUES, JESUS 110 MEDICARE TAX REFUND 0.00 13 .90 1020 617575 04/22/05 ME2005 ROSALES, GILBERT 110 MBDlCARE TAX REFUND 0.00 13.90 1020 617576 04/22/05 M ROSALES, RAQUBL 560 Refund: Check - Return 0.00 750.00 1020 617577 04/22/05 ME2005 SAKAI, ED 110 MEDICARE TAX REFUND 0.00 16.22 RUN DATE 04/21/05 TIME 11:57:38 - FINANCIAL ACCOUNTING ')-[ 04/21/05 ACCOUNTING PERIOD: 10/05 CITY OF CUPBRTINO SELECTION CRITERIAt tranaact.trana_date between "04/18/2005" and "04/22/2005" CHECK REGISTER - DISBURSEMENT PUND PUND - 110 - GENERAL FUND 1020 CASH ACCT CHECK NO 617578 1020 1020 1020 TOTAL CHECK 1020 1020 1020 1020 1020 1020 1020 1020 TOTAL CHECK 1020 1020 1020 TOTAL CHECK 1020 1020 1020 1020 1020 1020 1020 1020 1020 1020 1020 1020 1020 1020 1020 6'17579 617580 617580 617581 617582 617583 617583 617583 617583 617583 617583 617584 617584 617584 617585 617586 617587 617588 617589 617590 617591 617592 617593 617594 617595 617596 617596 617596 617596 04/22/05 631 ISSUE DT --------------VENDOR------------- FUND/DEFT SANTA CLARA CO DEPT BNVI 1108005 04/22/05 630 04/22/05 04/22/05 1562 1562 SANTA CLARA CO PROBATION 1102100 SANTA CLARA COUNTY SANTA CLARA COUNTY 2500000 2510000 04/22105 1648 04/22/05 2397 04/22/05 04/22/05 04/22105 04/22/05 04/22/05 04/22/05 2692 2692 2692 2692 2692 2692 SAVIN CORPORATION (SUPPL 1104310 SAVIN CREDIT CORPORAXION 1104310 SBe SBe SBe SBe SBe SBe 1108504 1108501 1108501 1108501 1108501 5708510 04/22/05 04/22/05 04/22105 511 511 511 SBC/MCI SBC/MCI SBC/MCI 1108504 1108501 1108504 04/22/05 644 04/22/05 M 04/22/05 2810 04/22/05 M2005 04/22/05 M 04/22105 1421 04/22/05 677 04/22/05 529 04/22/05 M 04/22/05 ME2005 04/22/05 696 04/22/05 700 04/22/05 700 04/22/05 700 04/22/05 700 SCREEN DESIGNS 5806349 SHARMA, SEEMA 5.0 SMART & FINAL 1106344 SOUND DOCTRINE 1106265 SRIKAN'I'H, LAXMI 5.0 STANLEY STEEMER 1108504 STATE STREET BANK & TRUS 11 0 SUNGARD PENTAMATION, INC 6104800 Schmid, Dorothy 550 TABARES, ALBERT 110 TADCO SUPPLY 1108501 TARGET SPECIALTY PRODUCT 1108312 TARGET SPECIALTY PRODUCT 1108303 TARGET SPECIALTY PRODUCT 1108314 TARGET SPECIALTY PRODUCT 1108315 RUN DATE 04/21/05 TIME 11t57t38 -----DESCRIPTION------ HAZ MAT FEE MAYO 5· DIV.OFFICER JAN-MAR05 RDA ERAF III RDA ERAF III FY04/05 FY04/05 P6021200058 4/28-7/27 H2400800225 MAY2005 3/26-4/25 3/28-4/27 4/07-5/09 4/07-5/06 4/07-5/06 4/07-5/06 #2522405 3/01-4/15 #5171195 3/01-4/15 #51779036 SHERIFF SHIRTS/SPRING CAMP Refund: Check - SPRING SUPPLIES A26513 PIANO TUNING Refund: Check - SPRING SERVICE CALL 4/04 * PERS DEF DATALINE CHRGS MAR05 REFD: 72821 & 72822 MEDICARE TAX REFUND SUPPLIES FY 2004-2005 OPEN PURC FY 2004-2005 OPEN PURC FY 2004-2005 OPEN PURC FY 2004-2005 OPEN PURC SALES TAX 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 - FINANCIAL ACCOUNTING ')'-9 FAGB 8 AMOUNT 399.00 9304.69 2161. 78 720.59 2882.37 936.00 137.83 77.74 65.05 55.54 55.54 55.54 55.54 364.95 15.63 87.72 84.98 188.33 150.74 245.00 101.15 110.00 168.00 160.00 3798.97 19.12 1745.00 16.22 256.94 462.40 462.40 462.40 462.40 04/21/05 ACCOIJmING ~~qIOD: lO/OS CITY OF CUPERTINO CHECK REGISTER - DISBURSEMENT FUND SELECTION CRITERIA: transact. trans_date between "04/18/2005ft and ft04/22/2005" FUND - 110 - GENERAL FUND TOTAL CHECK CASH ACCT CHECK NO 1020 1020 1020 1020 1020 1020 1020 1020 1020 1020 1020 1020 1020 TOTAL CHECK 1020 1020 1020 1020 1020 1020 1020 TOTAL CHECK 1020 1020 TOTAL CHECK 617597 617598 617599 617600 617601 617602 617603 617604 617605 617606 617607 617608 617608 617609 617610 617611 617612 617613 617614 617614 617615 617615 TOTAL FUND TOTAL CASH ACCOUNT TOTAL REPORT ISSUE DT --------------VENDOR------------- FUND/DEFT 04/22/05 701 04/22/05 J318 04/22/05 3306 04/22/05 ME2005 04/22/05 ME2005 04/22/05 ME2005 04/22/05 1193 04/22/05 1993 04/22/05 724 04/22/05 1578 04/22/05 1154 04/22/05 04/22/05 738 738 04/22/05 M 04/22/05 ME2005 04/22/05 M 04/22/05 ME2005 04/22/05 HE2005 04/22/05 962 04/22/05 962 04/22/05 04/22/05 79' 7" RUN DATE 04/21/05 TIME 11:57:38 TARGET STORES TECH WHOLESALE TECHKNOWHOW INC TERADA, PETER TOGNETrI, PAUL TOGNBTrI, SHAWN TOMARK SPORTS 5706450 1104400 5806249 110 110 110 TREASURER OF ALAMEDA COU 110 1108321 UNITED RENTALS TURF & INDUSTRIAL EQUIPM 5806649 2708405 UNITED WAY OF SANTA CLAR 110 VALLEY OIL COMPANY VALLEY OIL COMPANY VEMULAPALLI, RAVI WALTON, LEONARD WANG, LIN-LIN WINSLOW, ROGER WOLFB, KANB LINDA YELAVICH LINDA YELAVICH ZANKBR ROAD LANDFILL ZANKBR ROAD LANDFILL 6308840 6308840 580 110 580 110 110 5506549 5506549 5208003 5208003 -----DBSCRIPTION------ SUPPLIES 21799 T5500 RADIOS SERVICE AGREEMENT FOR MEDICARE TAX REFUND MEDICARE TAX REFUND MEDICARE TAX REFUND WATER BROOM A27374 A LOPEZ JR 566398126 SUPPLIES TRAFFIC VESTS UNITED WAY FY 2004-2005 OPEN PURC FY 2004-2005 OPEN PURC Refund: Check - SPRING MEDICARE TAX REFUND Refund: Check - SPRING MEDICARE TAX REFUND MEDICARE TAX REFUND APRIL2005 BIRTHDAYS VOL. TRAINING 3/24 LAND FILL MAR200S CLEAN FILL MAR2005 SALES TAX 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 PAGE 9 AMOUNT 1849.60 19.74 1193.75 636.00 11.56 13 .90 13.90 192.79 253.84 70.55 1022.44 72.00 123.46 6431.37 6554.83 816.00 13.90 137.60 13 .90 13 .90 67.23 13.50 80.73 16182.26 600.00 18782.26 926370.44 926370.44 926370.44 - FINANCIAL ACCOUNTING 5-(0 DRAFT RESOLUTION NO. 05-080 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 29,2005 WHEREAS, the Director of Administrative Services or her designated representative has certified to accuracy of the following claims and demands and to the availability of funds for payment hereof; and WHEREAS, the said claims and demands have been audited as required by law. NOW, THEREFORE, BE IT RESOLVED, that the City Council hereby allows the following claims and demands in the amounts and from the funds as hereinafter set forth in Exhibit "A". CERTIFIED: ~~ Director of Administrative Services PASSED AND ADOPTED at a regular meeting ofthe City Council of the City of Cupertino this 17th day of May ,2005, by the following vote: Vote Members of the Citv Council AYES: NOES: ABSENT: ABSTAIN: ATTEST: APPROVED: Mayor, City of Cupertino City Clerk Ç-II ~ 04/2B/05 CITY OF CUPERTINO PAGE 1 ACCOUNTING PERIOD: ~O/O5 CHECK REGISTER - DISBURSEMENT FUND SELECTION CRITERIA: transact. trans_date between "04/25/2005" and "04/29/2005" FUND - 110 - GENERAL FUND CASH ACCT CHECK NO ISSUE DT --------------VENDOR------------- FUND/DEPT -----DESCRIPTION------ SALES TAX AMOUNT 1020 617616 04/29/05 7 ABAG PLAN CORPORATION 1104540 LEGAL COSTS/KEYARTS 0.00 145.20 1020 617616 04/29/05 7 ABAG PLAN CORPORATION 1104540 LEGAL FEES/KEYARTS 0.00 11709.27 TOTAL CHECK 0.00 11854.47 1020 617617 04/29/05 13 ACME: & SONS SANITATION ç 5606640 FY 2004-2005 OPEN PURe 0.00 1B2.83 1020 617618 04/29/05 2835 AC SERVICB & DESIGN, CO. 5708510 REMOVE AND REPLACE HVA 0.00 6937.50 1020 617619 04/29/05 2' LYNNE DIANE AITKEN 5706450 SERVICE AGREEMENT POR 0.00 140,00 1020 617620 04/29/05 44 AMERICAN RED CROSS 1104400 CERTIFICATE FEES 0.00 136.00 1020 617621 04/29/05 3180 AQUA TEMP COMPANY 5606620 POOL HEATER SERVo 0.00 328.05 2020 627621 04/29/05 3180 AQUA TEM P COMPANY 5606620 POOL HEATER SERV. 0.00 229.25 TOTAL CHECK 0.00 557.30 1020 617622 04/29/05 864 CAROL ATWOOD 1104000 TRAIN/22ST CEN.ACCTG. 0.00 300.00 1020 617623 04/29/05 2519 AUTREY SUPPLY CO INC 2108312 SINGLE STRIPER A27388 0.00 227.26 1020 617623 04/29/05 1519 AUTREY SUPPLY CO INC 1108303 GOAL LINE PAINT 0 .00 769.33 1020 617623 04/29/05 1519 AUTREY SUPPLY CO INC 1108314 GOAL LINE PAINT 0.00 769.33 1020 617623 04/29/05 1519 AUTREY SUPPLY CO INC 1108315 GOAL LINE PAINT 0.00 769.33 1020 617623 04/29/05 1519 AUTREY SUPPLY CO INC 1108312 GOAL LINE PAINT 0.00 769.33 TOTAL CHECK 0.00 3304.58 1020 617624 04/29/05 3325 BAR T 5500000 50 BART TICKETS 0.00 300.00 1020 617625 04/29/05 2095 BALTIMORE AIRCOIL COM PAN 1108501 COOLING TOWER REPLACME 0.00 19991.61 2020 617626 04/29/05 720 BATTERY SYSTEMS 6308840 FY 2004-2005 OPEN PURe 0.00 75.67 1020 617627 04/29/05 M2005 BETTER BUILT ROOFING 1100000 DUP.B.LICENSE PYMT 0.00 102.00 1020 617628 04/29/05 120 c. B. TOOL CO 1108503 JOINTER KNIVES 0.00 76.29 1020 617629 04/29/05 1476 CANNON DESIGN GROUP no ARCHITECTURAL RVW 0.00 1855.09 1020 617629 0-4/29/05 1476 CANNON DESIGN GROUP no ARCHITECTURAL RVW 0.00 747.54 1020 617629 0-4/29/05 1476 CANNON DESIGN GROUP no ARCHITECTURAL RVW 0.00 1467.54 1020 617629 04/29/05 1476 CANNON DESIGN GROUP no ARCHITECTURAL RVW 0.00 507.54 1020 617629 04/29/05 1-476 CANNON DESIGN GROUP no ARCHITBCTURAL RVW 0.00 507.54 1020 617629 0-4/29/05 1476 CANNON DESIGN GROUP no ARCHITECTURAL RVW 0.00 507.54 1020 617629 04/29/05 1476 CANNON DESIGN GROUP no ARCHITECTURAL RVW 0.00 507.54 1020 617629 04/29/05 1476 CANNON DESIGN GROUP no ARCHITECTURAL RVW 0.00 480.00 1020 617629 04/29/05 1476 CANNON DESIGN GROUP no ARCHITECTURAL RVW 0.00 1495.09 TOTAL CHECK 0.00 8075.42 1020 617630 04/29/05 14' CASH 1108201 P.CASH 4/13-4/27 0.00 10.00 1020 617630 0-4/29/05 14' CASH 2107200 P.CASH 4/13-4/27 0.00 31. 82 1020 617630 04/29/05 14' CASH 1104400 P.CASH 4/13-4/27 0.00 20.-46 1020 617630 04/29/05 lB' CASH 1104400 P.CASH 4/13-4/27 0.00 15.32 1020 617630 04/29/05 lB' CASH 1108201 P.CASH -4/13-4/27 0.00 50.00 RUN DATE 04/28/05 TIME 10:0-4:37 - FINANCIAL ACCOUNTING c; -(.Á- 04/28/05 CITY OF CUPERTINO PAGE 2 ACCOUNTING PERIOD: 10/05 CHECK REGISTER - DISBURSEMENT FUND SELECTION CRITERIA: transact. trans_date between "04/25/2005" and "04/29/2005" FUND - 110 - GENERAL FUND CASH ACCT CHECK NO ISSUE DT --------------VENDOR------------- FUND/DEPT -----DESCRIPTION------ SALES TAX AMOUNT 1020 617630 04/29/05 149 CASH 1101000 P.CASH 4/13 -4/27 0.00 40.00 1020 617630 04/29/05 149 CASH 1104400 P.CASH 4/13-4/27 0.00 41.66 1020 617630 04/29/05 149 CASH 1104000 P.CASH 4/13-4/27 0.00 26.38 1020 617630 04/29/05 149 CASH 1104510 P.CASH 4/13-4/27 0.00 52.94 1020 617630 04/29/05 149 CASH 1104400 P.CASH 4/13-4/27 0.00 19.47 TOTAL CHBCK 0.00 308.05 1020 617631 04/29/05 I73 COCA-COLA BOTTLING OF CA 5706450 FY 2004-2005 OPEN FURO 0.00 549.99 1020 617631 04/29/05 I73 COCA-COLA BOTTLING OF CA 5606620 FY 2004-2005 OPEN FURC 0.00 2252.30 TOTAL CHECK 0.00 2802.29 1020 617632 04/29/05 3100 COM CAST 1108512 4/26-5/25 COMM.HALL 0.00 69.90 1020 617633 04/29/05 3121 CREATIVE GROUP 1103300 CITY FAC. MAP SERVICE 0.00 90.00 1020 617634 04/29/05 192 CUPERTINO MEDICAL CENTER 5806449 PPD TUBER./S.SHERIDAN 0.00 15.00 1020 617635 04/29/05 194 CUPERTINO SUPPLY INO 5606640 FY 2004-2005 OPEN FURO 0.00 13.14 1020 617635 04/29/05 194 CUPERTINO SUPPLY INO 5606640 FY 2004-2005 OPEN FURO 0.00 498.57 1020 617635 04/29/05 194 CUPERTINO SUPPLY INO 5606640 FY 2004-2005 OPEN FURC 0.00 43.20 1020 617635 04/29/05 194 CUPERTINO SUPPLY INO 5606640 FY 2004-2005 OPEN FURO 0.00 54.44 1020 617635 04/29/05 194 CUPERTINO SUPPLY INO 1108407 FY 2004-2005 OPEN FURO 0.00 422.51 TOTAL CHECK 0.00 1031.86 1020 617636 04/29/05 2793 DATA TICKET INC 1104530 PAPER TICKET 2 SIDED W 0.00 704.28 1020 617637 04/29/05 209 DE ANZA SERVICES INO 1108303 JANITORIAL APRIL2005 0.00 1521.11 1020 617637 04/29/05 209 DE ANZA SERVICES INO 1108509 JANITORIAL APRIL2005 0.00 728.56 1020 617637 04/29/05 209 DE ANZA SERVICES INO 110B506 JANITORIAL APRIL2005 0.00 353.77 1020 617637 04/29/05 209 DE ANZA SERVICES INO 1108504 JANITORIAL APRIL2005 0.00 6369.39 1020 617637 04/29/05 209 DE ANZA SERVICES INO 5708510 JANITORIAL APRIL2005 0.00 4767.18 1020 617637 04/29/05 209 DE ANZA SERVICBS INO 1108513 JANITORIAL APRIL200S 0.00 650.07 1020 617637 04/29/05 209 DB ANZA SERVICES INO 1108507 JANITORIAL APRIL2005 0.00 2272.94 1020 617637 04/29/05 209 DE ANZA SERVICES INO 1108505 JANITORIAL APRIL2005 0.00 3605.82 1020 617637 04/29/05 209 DE ANZA SERVICES INO 1108508 JANITORIAL APRIL2005 0.00 144.36 1020 617637 04/29/05 209 DE ANZA SERVICES INO 110B511 JANITORIAL APRIL2005 0.00 1187.16 1020 617637 04/29/05 209 DE ANZA SERVICES INO 1108501 JANITORIAL APRIL2005 0.00 2447.87 1020 617637 04/29/05 209 DE ANZA SERVICES INC 1108503 JANITORIAL APRIL2005 0.00 204B.80 1020 617637 04/29/05 209 DB ANZA SERVICES INO 1108512 JANITORIAL APRIL2005 0.00 1670.61 1020 617637 04/29/05 209 DE ANZA SERVICES INO 1108302 JANITORIAL APRIL2005 0.00 760.57 1020 617637 04/29/05 209 DE ANZA SERVICES INO 1108314 JANITORIAL APRIL2005 0.00 4563.39 1020 617637 04/29/05 209 DB ANZA SERVICES INC 1108407 JANITORIAL APRIL2005 0.00 1033.22 1020 617637 04/29/05 209 DE ANZA SERVICBS INO 5606640 JANITORIAL APRIL2005 0.00 919.30 1020 617637 04/29/05 209 DE ANZA SERVICBS INO 1108502 JANITORIAL APRIL2005 0.00 8212.58 1020 617637 04/2.9/05 209 DE ANZA SERVICES INO 1108315 JANITORIAL APRIL2005 0.00 760.57 TOTAL CHECK 0.00 44017.27 1020 617638 04/29/05 1838 DELL MARKETING L.P. 6109856 OPTIPLSX GX280 0.00 1167.86 1020 617639 04/29/05 2690 DITCH WITCH SALES BAY AR 6308840 TRENCHER PARTS 27426 0.00 26.25 RUN DATE 04/28/05 TIME 10:04:37 - FINANCIAL ACCOUNTING 5'~ ( 3 04/2a/05 CITY OF CUPERTINO PAGE 3 ACCOUNTING PERIOD: 10/05 CHECK REGISTER - DISBURSEMENT FUND SELECTION CRITERIA: tranaact.trans_date between M04/25/2005M and "04/2.9/2005" FUND - 110 - GENERAL FUND CASH ACCT CHECK NO ISSUE DT --------------VENDOR------------- FUND/DBPT -----DESCRIPTION------ SALBS TAX AMOUNT 1020 617640 04/23/05 2113 DLT SOLUTIONS INC 6109B53 S.TAX ON INV 77-9677 0.00 lB5.63 1020 617641 04/23/05 3316 KIMBERLEY DOYLE 5806449 SERVICE AGRBBMENT FOR 0.00 672.00 ~020 6~7642 04/2.9/05 3147 MARTHA BNGBBR 5706450 SERVICE AGRBEMENT FOR 0.00 420.00 ~O20 617643 04/29/05 M BTTINGER, SHEILA sao Refund: Check - SPRING 0.00 48.00 1020 617644 04/29/05 261 FEHR & PEERS ASSOe INC 1108601 SBRVIeB AGREEMENT FOR 0.00 5537.29 1020 617644 04/29/05 261 FEHR & PEERS ASSOe INC 110B601 SBRVICE AGREBMENT FOR 0.00 82~1.48 1020 6~7644 04/29/05 261 FEHR & PBERS MSOC INC 1108601 SERVICE AGREEMENT FOR 0.00 668.57 1020 617644 04/29/05 261 FEHR & PEERS ASSOe INC 1108601 SERVICE AGREBMENT FOR 0.00 5458.17 TOTAL CHECK 0.00 19875.51 1020 617645 04/29/05 3068 ARTHUR J. BROTHERTON 1~08315 DAMAGED PANELS 0.00 195.00 1020 617646 04/29/05 236~ ,FIRST BANKCARD 1107503 APRIL2005 STATEMENT 0.00 43.29 1020 6~ 7647 04/29/05 2361 FIRST BANKCARD 1101200 APRIL2005 STATEMENT 0.00 41.56 1020 617646 04/29/05 236~ FIRST BANKCARD 1108501 APRIL2005 STATEMENT 0.00 -7.29 ~020 617648 04/29/05 2361 FIRST BANKCARD 5708510 APRIL2005 STATEMENT 0.00 398.15 1020 6n648 04/29/05 2361 FIRST BANKCARD 1108507 APRIL200S STATEMENT 0.00 64. S~ 1020 617648 04/29/05 2361 FIRST BANKCARD 1108504 APRIL2005 STATEMENT 0.00 199.48 1020 617648 04/29/05 2361 FIRST BANKCARD 1108503 APRIL2005 STATEMBNT 0.00 46.70 1020 617648 04/29/05 2361 FIRST BANKCARD 1108303 APRIL2005 STATEMENT 0.00 289.73 TOTAL CHECK 0.00 991.28 1020 617649 04/29/05 2361 FIRST . BANKCARD 5606640 APRIL2005 STATEMBNT 0.00 56.95 ~020 617649 04/29/05 236~ FIRST BANKCARD 1103600 APRIL2005 STATEMENT 0.00 59.95 1020 617649 04/29/05 2361 FIRST BANKCARD 6104800 APRIL2005 STATBMENT 0.00 299.00 1020 617649 04/29/05 2361 FIRST BANKCARD 6~04800 APRIL2005 STATEMENT 0.00 93.40 1020 617649 04/29/05 2361 FIRST BANKCARD 1104000 APRIL200S STATEMENT 0.00 47.80 TOTAL CHECK 0.00 557.10 1020 617650 04/29/05 236~ FIRST BANKCARD 1108507 APRIL200S STATEMENT 0.00 99.18 1020 617650 04/29/05 2361 FIRST BANKCARD 1~08502 APRIL200S STATEMENT 0.00 67.89 TOTAL CHECK 0.00 167.07 1020 617651 04/29/05 2361 FIRST BANKCARD 5806649 APRIL2005 STATEMENT 0.00 834.43 1020 617651 04/29/05 236~ FIRST BANKCARD 5606640 APRIL200S STATEMENT 0.00 95.00 1020 61765~ 04/29/05 2361 FIRST BANKCARD 5606620 APRIL2005 STATEMENT 0.00 1058.06 1020 617651 04/29/05 2361 FIRST BANKCARD 1106647 APRIL2005 STATEMENT 0.00 136.84 TOTAL CHECK 0.00 2124.33 1020 617652 04/29/05 2361 FIRST BANKCARD 420922B APRIL200S STATEMENT 0.00 354.90 ~020 617652 04/29/05 2361 FIRST BANKCARD 4239222 APRIL2005 STATEMENT 0.00 48.6B TOTAL CHBCK 0.00 403.58 1020 617653 04/29/05 236~ FIRST BANKCARD 1101201 APRIL2005 STATEMENT 0.00 ~7S.00 1020 617653 04/29/05 2361 FIRST BANKCARD 1103600 APRIL2005 STATEMENT 0.00 408.23 RUN DATE 04/28/05 TIME ~0:04:38 - FINANCIAL ACCOUNTING ç _ (L{ 04/28/05 ACCOUNTING PERIOD: 10/05 CITY OF CUPERTINO CHECK REGISTER - DISBURSEMENT FUND SELECTION CRITERIA: transact. tranG_date between "04/25/2005" and "04/2912005" FUND - 110 - GENERAL FUND CASH ACcr CHECK NO 1020 1020 1020 1020 1020 TOTAL CHECK 1020 1020 1020 1020 2020 1020 TOTAL CHECK 1020 1020 1020 1020 1020 1020 1020 TOTAL CHECK 1020 1020 1020 1020 1020 1020 1020 1020 1020 617653 6"17653 617653 617653 617653 6n654 617655 617655 617655 617655 617655 617656 617657 617657 617657 617657 617657 617657 617658 617659 617660 617661 617662 617663 617664 617665 617666 1020 617667 1020 617667 TOTAL CHECK 1020 1020 61766B 617669 ISSUB DT --------------VBNDOR------------- FUND/DBPT 04/29/05 04/29/05 04/29/05 04/29/05 04/29/05 04/29/05 2361 04/29/05 04/29/05 04/29/05 04/29/05 04/29/05 04/29/05 M 04/29/05 04/29/05 04/29/05 04/29/05 04/29/05 04/29/05 04/29/05 3B2 04/29/05 3279 04/29/05 M 04/29/05 296 04/29/05 2630 04/29/05 2054 04/29/05 2612 04/29/05 1898 04/29/05 1412 04/29/05 1977 04/29/05 1977 04/29/05 M 04/29/05 1630 2361 2361 2361 2361 2361 2361 2361 2361 2361 2351 281 2B1 2B1 2B1 2B1 2B1 RUN DATE 04/28/05 TIME 10;04:38 FIRST BANKCARD FIRST BANKCARD FIRST BANKCARD FIRST BANKCARD FIRST BANKCARD FIRST BANKCARD FIRST BANKCARD FIRST BANKCARD FIRST BANKCARD FIRST BANKCARD FIRST BANKCARD GARCIA, MICHELLE GARDBNLAND GARDBNLAND GARDBNLAND GARDENLAND GARDBNLAND GARDENLAND SOI?HIE GIARETTA GLOBAL EXI?RESS TRAVEL GOH, JANICE KAREN GOTTLBIB 1103500 1101000 5606660 1103300 1101200 2709449 1108501 6308840 1108506 4209228 1108507 580 1108303 6308840 6308840 6308840 6308840 6308840 5706450 5506549 seD 5806449 GREGORY B. BRAGG & ASSOC 6204550 1104400 HOWARD G HOFF JR. RONALD HOGUE HORIZON JOBS AVAILABLE INC JOE'S TRACTOR SERVICE JOB'S TRACTOR SERVICE JUAREZ, I?ETRA KIDZ LOVE SOCCER INC 5506549 1108312 1104510 1108302 1108302 5BD 5806449 -----DESCRIPTION------ AI?RIL2005 STATEMENT APRIL2005 STATEMENT APRIL2005 STATEMENT APRIL2005 STATEMENT APRIL2005 STATEMENT APRIL2005 STATEMENT APRIL2005 STATEMENT APRIL2005 STATEMENT APRIL2005 STATEMENT APRIL2005 STATEMENT APRIL2005 STATEMENT Refund: Check - Return PARTS/SUPPLIES A266BB FY 2004-2005 OPEN PURC FY 2004-2005 OPEN PURC FY 2004-2005 OPEN PURC FY 2004-2005 OPEN PURC FY 2004-2005 OPEN PURC SERVICE AGREEMENT FOR CHINA TRIP 5/10-21 Refund: Check - REFUND SERVICE AGREEMENT FOR ADMIN APR05/REV. MAR5 CERT TRAINING SERVICE AGREEMENT FOR FY 2004-2005 OPEN PURC PLANNER/BLDG DEPT ADS MOW MCCELLAN RANCH DISC STOCKLMEIR/SIMMS RFDS: 325121 & 325122 SERVICE AGRBEMENT FOR SALES TAX 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 - FINANCIAL ACCOUNTING PAGE 4 AMOUNT 692.14 22.93 84.95 376.94 400.80 2160.99 20.00 74 .01 40.43 52.05 27.32 18.37 212.18 750.00 549.81 35.75 176.62 2.70 1. 78 86.23 853.89 228.00 3800.00 55.00 ~680.00 1987.35 50.00 200.00 281.20 715.00 1000.00 900.00 1900.00 750.00 11295.00 S--IJ 04/29/05 ACCOUNTING PBRIOD: 10/05 CHECK REGISTER CITY OF CUPERTINO DISBURSEMENT FUND SELECI'ION CRITERIA: transact. trans_date between "04/25/2005" and "04/29/2005" FUND - 110 - GENERAL FUND CASH ACCT CHECK NO 1020 1020 1020 TOTAL CHECK 1020 1020 1020 1020 TOTAL CHECK 1020 1020 1020 1020 1020 1020 1020 1020 1020 1020 1020 1020 1020 1020 1020 1020 1020 TOTAL CHECK 1020 1020 617670 617671 617671 617672 617672 617672 617672 617673 617674 617675 617676 617677 617678 617679 617680 617681 617682 617683 617684 617685 617686 617687 617688 61768B 617689 617690 ISSUB DT --------------VBNDOR------------- FUND!DBPT 04/29/05 1972 04/29/05 04/29/05 3067 3067 KIMBALL-MIDWBST KMVT 15 KMVT 15 KOHLWEISS AUTO PARTS KOHLWEISS AUTO PARTS KOHLWEISS AUTO PARTS KOHLWBISS AUTO PARTS KOZlNA, SUSAN 6308840 1101031 1101031 6308840 6309940 6309940 6308940 580 KWIK-WAY MUFFLER SERVICE 6309840 2708405 LAB SAFETY SUPPLY BARBARA LAUX LAW OFFICE OF LYJA LBVAS LIFETIME TENNIS INC LIGHTHOUSE 5506549 1100000 5706450 5706450 MANAGED HEALTH NETWORK I 1104510 6308840 MAXWELL, JOHN T. 580 MAZE AND ASSOCIATES 1104100 MCMASTER-CARR 1108504 MISSION VALLEY FORD INC 6308840 MPC-G, LLC 6104800 MYERS TIRE SUPPLY COMPAN 6308840 NATIONAL BLBVATOR CO. IN 1108501 NATIONAL ELBVATOR CO. IN 5708510 NEWCOMB MBCHANICAL INC. 5708510 O.K. FIRE EQUIPMENT COMP 1104400 RUN DATE 04/28/05 TIME 10:04:38 04/29/05 04/29/05 04/29/05 04/29/05 3313 3313 3313 3313 04/29/05 M 04/29/05 2323 04/29/05 385 04/29/05 2300 04/29/05 3324 04/29/05 3228 04/29/05 400 04/29/05 2357 04/29/05 1599 04/29/05 M 04/29/05 1968 04/29/05 2554 04/29/05 448 04/29/05 3323 04/29/05 471 04/29/05 3109 04/29/05 n09 04/29/05 2562 04/29/05 2206 -----DESCRIPTION------ SUPPLIES/PARTS A26680 ACCBSS FEE MARCH2005 ACCESS FEB FBB2005 FY 2004-2005 OPEN PURC FY 2004-2005 OPEN PURC FY 2004-2005 OPEN PURC FY 2004-2005 OPEN PURC Refund: Check - SPRING CATALIC CONV. A27311 SUPPLIES A26667 SERVICE AGREEMENT FOR SUBPOENA FEE SERVICE AGREEMENT FOR INSTRUCTION 3/23-4/24 LIGHTING SPLY A26687 B.A.P. MAY 2005 Refund: Check - SPRING GASB 40 TRAINING 4/29 EXTENSION LADDER REPAIRS TRUCK #30 PRINTER ~NT. lYR WHEEL WEIGHTS 27432 MONTHLY MAINT. MAY05 MONTHLY MAINT. MAY05 PLENUMS REPAIRS RB - CHARGE EXT. SALES TAX 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 - FINANCIAL ACCOUNTING Iý-( ~ PAGE 5 AMOUNT 201.78 3124.16 3119.16 6243.32 17.36 17.36 16.90 16.90 68.52 60.00 901.05 439.85 600.00 150.00 385.00 130957.86 536.14 931. 69 112.50 75.00 225.16 6401.96 3452.00 21.06 100.00 115.00 215.00 2244.10 120.36 04(28(05 ACCOUNTING PERIOD: 10/05 CITY OF CUPBRTINO CHECK REGISTER - DISBURSEMBNT FUND SELECTION CRITERIA: tranaact.trans_date between "04/25/2005" and "04/29/2005" FUND - 110 - GENERAL FUND CASH ACCT CHECK NO 1020 1020 1020 TOTAL CHECK 1020 1020 1020 1.020 1020 TOTAL CHECK 617691 617691 617691 617692 617693 617694 617695 617695 1020 617696 1020 617696 1020 617696 TOTAL CHECK 1020 1020 1020 1020 TOTAL CHECK 1020 1020 1020 1020 1020 1020 1020 TOTAL CHECK 1020 1020 1020 1020 1020 1020 617697 617698 617699 617699 617700 617701 617702 617703 617703 617703 617703 617704 617705 617706 617707 617708 617709 ISSUE DT --------------VENDOR------------- FUND/DEPT 04/29/05 04/29/05 04/29/05 403 493 493 OFFICE DEPOT OFFICE DEPOT OFFICE DEPOT OFFICE DEPOT, INC. 1108201 1108201 5706450 1J.01500 OFFICE OF DISASTER MGMNT 1104400 1108830 PACIFIC GAS & ELECTRIC PENINSULA DIGITAL IMAGIN 1108101 PENINSULA DIGITAL IMAGIN 110 PENINSULA FORD PENINSULA FORD PENINSULA FORD JEFF PISERCHIO MELISSA PITTILLO PIVOT INTERIORS PIVOT INTERIORS 6308840 6308840 6308840 5606640 5706450 1104510 1104100 PREFERRED ALLIANCE, INC. 1104510 PUBLIC EMPLOYEES 1104510 RED DEVIL EQUIPMENT CO. 2708404 CARTER J. ROBINSON CARTER J. ROBINSON CARTER J. ROBINSON CARTER J. ROBINSON ROYAL COACH TOURS THEA RUNYAN CITY OF SAN JOSE SANTA CLARA COUNTY 1104400 1104400 1104400 1104400 5506549 5706450 1104530 SANTA CLARA COUNTY SHERI 1102100 5606640 SANTA CLARA COUNTY SHERI 1108601 RUN DATE 04/28/05 TIME 10:04:38 04/29/05 494 04/29/05 M2005 04/29/05 2444 04/29/05 526 04/29/05 526 04/29/05 690 04/29/05 690 04/29/05 690 04/29/05 545 04/29/05 3149 04/29/05 2315 04/29/05 2315 04/29/05 3326 04/29/05 2598 04/29/05 3118 04/29/05 04/29/05 04/29/05 04/29/05 3251 3251 3251 3251 04/29/05 602 04/29/05 2833 04/29/05 979 04/29/05 1249 04/29/05 628 04/29/05 633 -----DESCRIPTION------ OFFICE SUPPLIES OFFICE SUPPLIES SAFE A26308 OFFICE SUPPLIES "DIASTER MGMNT" SIGNS 3/23-4/20 BMP SHEETS IMPROVE PLANS R29088 FY 2004-2005 OPEN PURC FY 2004-2005 OPEN PURC FY 2004-2005 OPEN PURC SERVICE 4/13-4/26 SERVICE AGREEMENT FOR AERON CHAIRS AERON CHAIRS NON-RANDOM TESTS VALUATION FEE SUPPLIES MEDICAL SUPPLIES EMS FLAGS SUPPLIES FIRST AID CLASS ANTIOCH/SUISUN TRANS. SERVICE AGREEMENT FOR ANIMAL SERVICES MAY05 RECYCLE WASTE OIL LAW ENFORCEMENT APR05 TRAFFIC/FOOT RACE SALES TAX 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 - FINANCIAL ACCOUNTING PAGB 6 AMOUNT 89.53 146.09 520.95 756.57 36.05 70.00 18695.99 71.99 335.95 407.94 595.42 74.11 147.80 817.33 1995.00 480.00 691.50 1310.70 2002.20 52.00 400.00 18.92 1075.06 114.48 14.97 125.00 1329.51 217.02 320.00 13833.33 138.59 545115.19 3507.52 ~-n 04/2B/05 CITY OF CUPERTINO PAGE¡ 7 ACCOUNTING PERIOD: 10(05 CHECK REGISTBR - DISBURSBMENT FUND SELECTION CRITERIA: transact. trans_date between "04/25/2005" and "04/29/2005" FUND - 110 - GENERAL FUND CASH ACCT CHECK NO ISSUE DT --------------VENDOR------------- FUND/DEPT -----DESCRIPTION------ SALES TAX AMOUNT 1020 617710 04/29/05 1150 WELLS FARGO FINANCIAL LE 5506549 1-5060106 2/08-5/08 0.00 1158.54 1020 617711 04/29/05 651 SIERRA PACIFIC TURF SUPP 5606620 SUPPLIES 0.00 661.05 1020 617712 0-4/29/05 200 LESLIE SOKOL DBA DANCEKI 5806449 SERVICE AGREEMENT FOR 0.00 3007.07 1020 617713 04/29/05 6" CONNIE BANDA STSVSNS 5806449 SERVICS AGRSEMENT FOR 0.00 749.10 1020 617714 04/29/05 1406 SUNNYVALE CHEVROLET 6308840 FY 2004-2005 OPEN PURC 0.00 27.94 1020 617714 04/29/05 1406 SUNNYVALE CHEVROLET 6309840 FY 2004-2005 OPEN FURe 0.00 87.10 1020 617714 04/29/05 1406 SUNNYVALE CHEVROLET 6308840 FY 2004-2005 OPEN FURe 0.00 24.77 TOTAL CHECK 0.00 139.81 1020 617715 04/29/05 2045 SVCN 5208003 CC SHRED AD 4/13 0.00 374.00 1020 617715 04/29/05 2045 SVCN 5208003 DISPLAY AD 4/06 0.00 374.00 1020 617715 04/29/05 2045 SVCN 5208003 COMPOST CLASSES 3/02 0.00 260.00 TOTAL CHECK 0.00 1008.00 1020 617716 04/29/05 69. SYNCHRONEX 1108602 CLARY SP2000 UPS SYSTB 0.00 5667.97 1020 617717 04/29/05 3281 TAPCO 1108601 BLINKERPADDLE REPAIRS 0.00 27.06 1020 617718 04/29/05 701 TARGET STORES 5806349 SUPPLIBS A26472 0.00 53.33 1020 617718 04/29/05 701 TARGET STORES 5706450 SUPPLIES A26301 0.00 74.61 TOTAL CHECK 0.00 127.94 1020 617719 04/29/05 2958 TESCO CONTROLS INe 1109602 TBSCO EXTENSION CABINS 0.00 4166.08 1020 617719 04/29/05 2958 TESCO CONTROLS INe 1108602 EXTENSION CABINET FOR 0.00 2158.04 TOTAL CHECK 0.00 6324.12 1020 617720 04/29/05 3204 TOLL ARCHITECTURAL GRAPH 4239222 COUNCIL CHMBRS SIGN 0.00 1986.00 1020 617721 04/29/05 738 VALLEY OIL COMPANY 6308840 FY 2004-2005 OPEN PURC 0.00 150.85 1020 617722 04/29/05 75. BARBARA WALTON 5806449 SERVICE AGREEMENT FOR 0.00 896.00 1020 617723 04/29/05 2856 WESCQ GRAPHICS 5806249 SUMMER2005 REC. SCHDLE 0.00 2415.72 1020 617723 04/29/05 2856 WESCO GRAPHICS 5806349 SUMMER2005 REC.SCHDLE 0.00 2415.72 1020 617723 04/29/05 2856 WESCO GRAPHICS 5606600 SUMMBR2005 REC. SCHDLE 0.00 483.65 1020 617723 04/29/05 2856 WESCO GRAPHICS 1106500 SUMMER2005 REC. SCHDLE 0.00 724.64 1020 617723 04/29/05 2856 WESCO GRAPHICS 5806449 SUMMER2005 REC.SCHDLE 0.00 2415.72 TOTAL CHECK 0.00 8455.45 1020 617724 04/29/05 779 WEST-LITE SUPPLY CO INC 1108505 LIGHTING SUPPLIES 0.00 147.00 1020 6'17725 04/29/05 792 LILY WU 5706450 SERVICE AGREEMENT FOR 0.00 76.00 1020 617726 04/29/05 3225 ANITA YEE 5706450 SERVICE AGREEMENT FOR 0 .00 140.00 1020 617727 04/29/05 2786 YUAN CHIH DANCE OF MERI 5506549 SERVICE AGREEMENT FOR O. 00 230.00 RUN DATE 04/28/05 TIME 10:04:38 - FINANCIAL ACCOUNTING <)'-1 t 04/29/0r; ACCOUNTING PERIOD: 10/05 CITY OF CUPERTINO CHECK REGISTER - DISBURSBMBNT FUND SELECTION CRITERIA: transact. trans_date between "04/25/2005" and "04/29/2005" FUND - ~~o - GENERAL FUND CASH ACCT CHECK NO 1020 617728 TOTAL CASH ACCOUNT TOTAL FUND TOTAL REPORT ISSUE DT --------------VENDOR------------- FUND/DEPT 04/29/05 799 ZANKER ROAD LANDFILL 5208003 RUN DATS 04/28/05 TIME 10:04:38 -----DBSCRIPTION------ COMPOST DELIVERY MAR5 PAGE 8 SALBS TAX AMOUNT 0.00 300.00 0.00 930716.85 0.00 9307~6.85 0.00 930716.85 - FINANCIAL ACCOUNTING c;-tq DATE 04/28/2005 OCC END OF PERIOD - FEES POSTED REpORT BUSINESS ID BUSINESS NAME LICENSE NO CATEGORY ----------- ------------------------------ ---------- ---------- ----------- ------------------------------ ---------- ---------- 21662 N N ELECTRIC 21662 23 PAGE 1 FEE AMOUNT ---------- ---------- 102.00 ----------- ----------- 102.00 <)-10 DRAFT RESOLUTION NO. 05-081 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 DESCRlBED FOR GENERAL AND MISCELLANEOUS EXPENDITURES FOR THE PERIOD ENDING MAY 06, 2005 WHEREAS, the Director of Administrative Services or her designated representative has certified to accuracy of the following claims and demands and to the availability of funds for payment hereof; and WHEREAS, the said claims and demands have been audited as required by law. NOW, THEREFORE, BE IT RESOLVED, that the City Council hereby allows the following claims and demands in the amounts and ITom the funds as hereinafter set forth in Exhibit "A". CERTIFIED: &waCbfz,{~ Director of Administrative Services PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this 17thdayof May ,2005, by the following vote: Vote Members of the City Council AYES: NOES: ABSENT: ABSTAIN: ATTEST: APPROVED: City Clerk Mayor, City of Cupertino ')"-2/ 05/05/05 ACCOUNTING PERIOD: 11/05 CITY OF CUPERTINO. CHECK REGISTER - DISBURSEMENT FUND SELECTION CRITERIA: transact. trans_date between ~OS/02/200S" and "05/06/2005" FUND - 110 - GENERAL FUND 1020 CASH ACCT CHECK NO 61772':J 1020 1020 6177:30 1020 617732 617731 1020 617733 1020 617733 TOTAL CHECK 1020 1020 1020 1020 1020 1020 617734 617735 617736 617737 617738 617739 1020 617740 1020 617740 TOTAL CHECK 1020 1020 1020 1020 1020 TOTAL CHECK 1020 1020 1020 1020 1020 1020 TOTAL CHECK 1020 1020 1020 TOTAL CHECK 1020 617741 617741 617741 617741 617741 617742 617742 617742 617742 617742 617742 617743 617744 617744 617745 05/06/05 1695 ISSUE DT --------------VENDOR------------- FUND/DEPT 3M 2708405 05/06/05 1350 05/06/05 2161 05/06/05 3210 05/06/05 44 05/06/05 44 05/06/05 % 05/06/05 M2005 05/06/05 3214 05/06/05 B18 05/06/05 2614 05/06/05 132 05/06/05 2232 05/06/05 2232 05/06/05 146 05/06/05 146 05/06/05 146 05/06/05 146 05/06/05 146 05/06/05 2646 05/06/05 2646 05/06/05 2646 05/06/05 2646 05/06/05 2646 05/06/05 2646 05/06/05 152 05/06/05 05/06/05 1057 1057 A & R BOOTH RENTAL 1103300 05/06/05 1156 ABAG:ASSOC OF BAY AREA G 1101000 AETNA 6414570 AMERICAN RED CROSS AMERICAN RED CROSS 5B06449 5B06449 ARROWHEAD MTN SPRING WAT 5606680 ASAP EVENT ADVERTISING 110 AZDOC, INC. 4209228 BEACON FIRE & SAFETY, LP 5606620 BESAM AUTOMATED ENTRANCE 110B505 CALIFORNIA WATER SERVICE 110B304 CARIAGA, LOURDES CARIAGA, LOURDES 110 110 CASH CASH CASH CASH CASH 1101065 1106343 1106344 5706450 5B06349 CDW-G CDW-G CDW-G CDW-G CDW-G CDW-G 1104510 1104510 6104BOO 6104BOO 1103300 1103300 CEB:CONTINUING EDUCATION 1101500 CERIDIAN BENEFITS SERVIC 110 CERIDIAN BENEFITS SERVIC 110 CHA 110 RUN DATE 05/05/05 TIME 10:56:11 -----DESCRIPTION------ SUPPLIES BOOTH RENTAL/SIS CITY DUES FY2005-06 LONG TERM DIS. MAYaS TRAINING BOOKS MANIKIN RENTALS DRNK WTR 5721077005 TEMP. SIGN PERMIT ASBESTOS BULK SAMPLES SNACKBAR HOOD SERVo ANNUAL FEE 3/25-4/22 FOUNTAIN CSGARNSMNT SSGARNSMNT P.CASH 4/11-5/03 P.CASH 4/11-5/03 P.CASH 4/11-5/03 P.CASH 4/11-5/03 P.CASH 4/11-5/03 VIEWSONIC MONITOR ADOB VIEWSONIC MONITOR ADOB VIEWSONIC MONITOR ADOS VIEWSONIC MONITOR ADOS VIEWSONIC MONITOR ADOS VIEWSONIC MONITOR ADOS MANDAMUS 3D UP 05 *FLEX DEP *FL&X HLTH eHA SALES TAX 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 - FINANCIAL ACCOUNTING PAGa~ AMOUNT 2005.34 1270.00 7912.00 3332.68 542.00 127.00 669.00 169.03 100.00 100.00 271.65 530.00 31.43 306.50 103.84 410.34 33.00 14 .23 31.53 22.47 145.96 247.19 41.21 163.36 81.82 324.37 324.38 81.81 1016.95 99.05 14.43 433.60 448.03 93.00 5"-,<0... 05/05/05 ACCOUNTI~~ PERIOD: l1jCS CITY OF CUPERTINO CHECK RBGISTER ~ DISBURSEMENT FUND SELECTION CRITERIA: transact. trans date between "05/02/2005" and "05/06/2005" FUND - 110 - GENERAL FUND 1020 CASH ACCT CHECK NO 617746 1020 617747 1020 617748 1020 617748 TOTAL CHECK 1020 1020 1020 1020 1020 1020 1020 1020 1020 TOTAL CHECK 617749 617750 617751 n7752 617753 617754 617755 617755 617755 1010 617756 1020 617756 1020 617756 TOTAL CHECK 1020 1020 1020 TOTAL CHECK 1020 1020 1020 1020 1020 1020 1020 1020 617757 617757 617757 617758 617759 617760 617761 617762 617763 617764 617765 05/06/05 M2Da5 ISSUE DT --------------VENDOR------------- FUND/DEPT 05/06/05 1612 05/06/05 178 05/06/05 178 05/06/05 3100 05/06/05 M2DOS 05/06/05 197 05/06/05 3327 OS/06/05 192 05/06/05 M2005 05/06/05 194 05/06/05 194 05/06/05 194 05/06/05 1242 05/06/05 1242 05/06/05 1242 05/06/05 220 05/06/05 220 05/06/05 220 05/06/05 1958 05/06/05 223 05/06/05 3093 05/06/05 3316 05/06/05 1434 05/06/05 242 05/06/05 243 05/06/05 1059 RUN DATE 05/05/05 TIME 10:56:11 BARRIE D COATE CHAMPLAIN PLANNING PRESS 1107301 110 COLONIAL LIFE & ACCIDENT 110 COLONIAL LIFE & ACCIDENT 110 COM CAST CONDY, JOAN CTC FUNDING LLC 1108501 5506549 CUPERTINO HOUSING PARTNE 2800000 1101500 CUPERTINO PLUMBING CUPERTINO MEDICAL CENTER 5806449 1100000 CUPERTINO SUPPLY INC CUPERTINO SUPPLY INC CUPERTINO SUPPLY INC 1108314 1108314 1108314 DIGITAL PRINT IMPRESSION 1107503 DIGITAL PRINT IMPRESSION 1104100 DIGITAL PRINT IMPRESSION 1104310 DISCOUNT SCHOOL SUPPLY DISCOUNT SCHOOL SUPPLY DISCOUNT SCHOOL SUPPLY DISPENSING TECHNOLOGY 5806349 5806349 1106265 2708404 DON & MIKE'S SWEEPING IN 5208003 5706450 Q. C. DOUGHTY KIMBERLEY DOYLE SOWARD S. WALSH CO. EMPLOYMENT DEVEL DEPT EMPLOYMENT DEVELOPMENT 5806449 1108314 110 EMPLOYMENT DEVELOPMENT D 1104540 110 -----DESCRIPTION------ "PLANNING COMM. JRNL" ARBORIST RVW R29090 *COLONIAL/E7013899 COLONIAL/E7013899 S/07-6/06 SPORTS CTR GRATUITY/PIZZA BINGO RENT MAYO 5 ATTRNY OFF PARK DEDICATION FEE TUBER./NAKAMOTO,TURI JOB CNCLD 05030300 PARTS/SUPPLIES FY 2004-2005 OPEN PURC FY 2004-200S OPEN PURC B.CARDS/L.SQUARCIA #9 RETURN ENV. (SK) LOGO WINDOW AND NON - WI SUPPLIES A26479 SUPPLIES A26484 QUANTUM V-BACK STACKIN YELLOW TRAFFIC PAINT STREET SWEEP APR200S SERVICE AGREEMENT FOR RED CROSS CARDS SUPPLIES SIT/932-0014-5 SDI/776-5260-0 ACCT#9320014-S SALES TAX 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 - FINANCIAL ACCOUNTING PAGB 2 AMOUNT 105.00 456.50 173 .19 295.83 469.02 91.90 50.00 3225.00 15750.00 30.00 128.37 13.67 5.65 107.28 126.60 59.54 464.29 1762.02 2285.85 171. 80 124.97 727.13 1023.90 5951. SO 8456.40 1216.00 112.00 539.30 15653.56 1040.31 8765.17 )- 2.3 05/05/05 ACCOUNTING PERIOD: 11/05 CITY OF CUPERTINO CHECK REGISTER - DISBURSEMENT FUND SELECTION CRITERIA: transact. trans_date between "05/02/2005" and "05/06/2005" FUND - 110 - GENERAL FUND 1020 CASH ACCT CHECK NO 617766 l02Ô 1020 1020 1020 TOTAL CHECK 1020 1020 1020 1020 1020 1020 1020 TOTAL CHBCK 1020 1020 1020 1020 1020 1020 1020 1020 1020 1020 1020 TOTAL CHECK 1020 1020 1020 1020 1020 1020 TOTAL CHECK 1020 1020 1020 1020 1020 617767 617767 617767 617767 61776B 617768 617768 617768 617768 617768 61776B 617769 617769 617769 617769 617769 617769 617769 617769 617769 617769 617769 617770 617771 617772 617773 617774 617774 617775 617776 617777 617778 617779 05/06/05 249 ISSUE DT --------------VENDOR------------- FUND/DEPT 5606620 05/06/05 260 05/06/05 260 05/06/05 260 05/06/05 260 05/06/05 05/06/05 05/06/05 05/06/05 05/06/05 05/06/05 05/06/05 05/06/05 05/06/05 05/06/05 05/06/05 05/06/05 05/06/05 05/06/05 05/06/05 05/06/05 05/06/05 05/06/05 05/06/05 3008 05/06/05 2531 05/06/05 3211 05/06/05 1951 05/06/05 1898 05/06/05 1898 05/06/05 3315 05/06/05 2027 05/06/05 M200S 05/06/05 1215 05/06/05 343 2361 2361 2361 2361 2361 2361 2361 2" 29B 29B 29B 29B 29B 2" 29B 29B 2" 29B RUN DATE 05/05/05 TIME 10:56:11 ESBRO CHEMICAL FEDERAL EXPRESS CORP FEDERAL EXPRESS CORP FBDERAL BXPRESS CORP FEDERAL EXPRESS CORP FIRST BANKCARD FIRST BANKCARD FIRST BANKCARD FIRST BANKCARD FIRST BANKCARD FIRST BANKCARD FIRST BANKCARD GRAINGER INC GRAINGER INC GRAINGER INC GRAINGER INC GRAINGER INC GRAINGER INC GRAINGER INC GRAINGER INC GRAINGER INC GRAINGER INC GRAINGER INC 1108101 1101070 no 1103500 1106344 1106343 5706450 1106647 5806349 5806349 5806449 2708405 1108312 1108005 6308840 1108005 1108005 2708405 2708405 2708405 2708405 2708405 GRAPHIC IMAGERY INC. 5606640 GURSHARN SIDHU 4209228 HARTFORD-PRIORITY ACCTS 110 HOMESTEAD F.F.C. INC 5806349 HORIZON HORIZON DAVE HOUSTON MARSHA HOVEY I T E 1108303 1108314 5706450 1104400 lCMA MEMBERSHIP RENEWALS 1101200 1108601 lCMA RETIREMENT TRUST-45 110 -----DESCRIPTloN------ FY 2004-2005 OPEN PURC COURIER SERVICE COURIER SERVICE COURIER SERVICE COURIER SERVICE APRIL2005 STATEMENT APRIL2005 STATEMENT APRIL2005 STATBMENT APRIL2005 STATEMENT APRIL2005 STATEMENT APRIL2005 STATEMENT APRIL2005 STATEMENT PARTS/SUPPLIES SUPPLIES A26694 PARTS/SUPPLIES FY 2004-2005 OPEN PURC PARTS/SUPPLIES PARTS/SUPPLIES SAFETY CABINET AND SHE SAFETY CABINET AND SHE SAFETY CABINET AND SHE SAFETY CABINET AND SHE SAFETY CABINET AND SHE PRINTING LABOR/MATERIAL C.CHMB LIFE & AD&D MAY2005 BOWLING 4/20 A26494 FY 2004-2005 OPEN PURC FY 2004-2005 OPEN PURC ROLLERS 50 PAK CDR "PARKING GENERATION' MBRSHP RNWL KNAPP *ICMA SALES TAX 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 - FINANCIAL ACCOUNTING PAGE 3 AMOUNT 510.40 12.69 18.32 73.07 17.09 121.17 222.96 20.33 1081.07 33 .20 1235.80 607.66 30.00 3231. 02 503.61 385.99 421. 22 37.87 371.38 33.13 21. 09 770.14 169.27 356.67 590.39 3660.76 1310.91 11500.00 6208.13 114.00 56.86 307.63 364.49 1204.11 86.49 106.40 1400.00 6177.14 t::;-2Y 05/05/05 ACCOUNTING PERIOD: 11/05 CITY OF CUPERTINO CHECK REGISTER - DISBURSEMENT FUND SELECTION CRITERIA: transact. trans date between "05/02/2005" and "05/06/2005" FUND - 110 - GENERAL FUND CASH ACCT CHECK NO 1020 1020 1020 1020 1020 TOTAL CHECK 1020 617780 617780 617780 617780 617780 617781 1020 617782 1020 617782 TOTAL CHECK 1020 1020 1020 1020 1020 1020 1020 TOTAL CHECK 1020 1020 1020 617783 617784 617785 617786 617787 617788 617788 617789 617790 617791 1020 617792 1020 617792 TOTAL CHECK 1020 1020 1020 1020 1020 1020 TOTAL CHECK 1020 1020 TOTAL CHECK 1020 617793 617793 617793 617793 617793 617793 617794 617794 617795 ISSUE DT --------------VENDOR------------- FUND/DEPT 05/06/05 05/06/05 05/06/05 05/06/05 05/06/05 2528 2528 2528 2528 2528 05/06/05 347 05/06/05 995 05/06/05 995 05/06/05 M2005 05/06/05 3328 05/06/05 M2005 05/06/05 2219 05/06/05 376 05/06/05 3313 05/06/05 3313 05/06/05 382 05/06/05 392 05/06/05 3155 05/06/05 M2005 05/06/05 M2005 05/06/05 2999 05/06/05 2999 05/06/05 2999 05/06/05 2999 05/06/05 2999 05/06/05 2999 05/06/05 05/06/05 986 906 05/06/05 2554 RUN DATE 05)05)05 TIME 10:56:11 INDOOR BILLBOARD INDOOR BILLBOARD INDOOR BILLBOARD INDOOR BILLBOARD INDOOR BILLBOARD INDUSTRIAL WIPER INSERV COMPANY INSBRV COMPANY 1108314 1108315 1108302 1108312 1108303 6308840 1108501 1108504 INSTITUTE OF BUSINESS PU 1108005 KARP, KEVIN KAISER FOUNDATION HEALTH 1104510 1104400 KEYSTONE RESTAURANT SUPP 1108504 KNORR SYSTEMS INC KOHLWEISS AUTO PARTS KOHLWEISS AUTO PARTS DAYTON PRINTING INC. 5606620 6308840 6308840 5506549 LEAGUB OF CALIFORNIA CIT 1101500 1103300 LEE WAYNE CORPORATION LEGISLATIVE RESEARCH, IN 1101500 LEGISLATIVE RESEARCH, IN 1101500 LESCO LESCO LESCO LESCO LESCO LESCO 1108314 1108312 1108315 1108303 1108303 1108312 MATTHEW BENDER & COMPANY 1101500 MATTHEW BENDER & COMPANY 1101500 MCMASTER-CARR 5708510 -----DESCRIPTION------ FY 2004-2005 OPEN PURC FY 2004-2005 OPEN PURe FY 2004-2005 OPEN PURC FY 2004-2005 OPEN PURC FY 2004-2005 OPEN PURC SUPPLIES 27434 WATER TRTMNT MAY2005 WATER TRTMNT MAY2005 'SAFETY ALERT/SUPVR' PRE PHYSICAL/STANFORD RED CROSS FEES DISPOSER SALVAJOR MODE POOL VACUUM FY 2004-2005 OPEN PURC FY 2004-2005 OPEN PURC MAY/JUNE NEWSLETTER 2005 HANDBOOK INSERTS GOLD FOIL SEALS 2% DISCOUNT BUS & PROF CODE FY 2004-2005 OPEN PURC FY 2004-2005 OPEN PURe FY 2004-2005 OPEN PURe FY 2004-2005 OPEN PURe FY 2004-2005 OPEN PURC FY 2004-2005 OPEN PURC SHEPARD CA CITATIONS SHEPARD CA UPDATBS PARTS SALES TAX 0.00 0.00 ,00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 - FINANCIAL ACCOUNTING PAGE 4 AMOUNT 95.10 95.09 95.10 95.10 95.10 475.49 60.26 253.64 253.85 507.69 117.00 65.00 210.00 1073 .43 3937.29 82.52 23.25 105.77 757.75 320.00 347.08 -22.56 1127.90 1105.34 536.75 538.75 538.76 538.75 2155.01 32.37 4342.39 5265.63 1132 .25 6397.86 239.96 5"'-15"' 05/05/05 ACCOUNTING PERIOD; 11/05 CITY OF CUFERTINO SELECTION CRITERIA: transact. trans_date between "05/02/2005" and "OS/06/20DSM CHECK REGISTER - DISBURSEMENT FUND FUND - 110 - GENERAL FUND CASH ACCT CHECK NO 1020 1020 1020 1020 TOTAL CHECK 1020 1020 1020 1020 TOTAL CHECK 1020 1020 1020 1020 1020 1020 1020 1020 1020 1020 TOTAL CHECK 1020 1020 TOTAL CHECK 1020 1020 1020 1020 1020 TOTAL CHECK 1020 1020 1020 1020 H7796 617797 617798 617798 617799 617BOO 617801 617B01 617802 617803 617804 617805 617805 617805 617B05 617805 617805 617805 617806 617B06 617B07 617808 617808 617808 61780a 617809 617810 617811 617812 ISSUE DT --------------VENDOR------------- FUND/DEPT 05/06/05 3112 05/06/05 2567 05/06/05 465 05/06/05 465 05/06/05 302 05/06/05 1358 05/06/05 493 05/06/05 493 05/06/05 2241 05/06/05 501 05/06/05 504 05/06/05 833 05/06/05 833 05/06/05 833 05/06/05 833 05/06/05 833 05/06/05 833 05/06/05 833 05/06/05 833 05/06/05 833 05/06/05 513 05/06/05 515 05/06/05 515 05/06/05 515 05/06/05 515 05/06/05 3308 05/06/05 M2005 05/06/05 533 05/06/05 542 MERRY MART UNIFORMS, INC 1101200 MISDU 110 MOUNTAIN VIEW GARDEN CEN 1108312 MOUNTAIN VIEW GARDEN CEN 1108303 NATIONAL DEFERRED COMPEN 110 Hsec BUSINESS SOLUTIONS 6308840 OFFICE DEPOT 1108201 OFFICE DEPOT 1108201 ONE WORKPLACE 4239222 OPERATING ENGINEERS #3 110 ORIENTAL TRADING CO 5806349 PER S PER S PER S PER S PER S PER S PER S 110 110 110 110 110 110 110 PER S PER S 110 110 PACIFIC GAS & ELECTRIC ( 1108506 PACIFIC WEST SECURITY IN 1108503 PACIFIC WEST SECURITY IN 1108502 PACIFIC WEST SECURITY IN 1108503 PACIFIC WEST SECURITY IN 1108503 PAPS MACHINERY ACCT. 443 6308840 PENINSULA DIVISION 1107200 PERS LONG TERM CARE PROG 110 PINE CONE LUMBER 1108303 RUN DATE 05/05/05 TIME 10:56:11 -----DBSCRIPTION------ EMBROIDERY/JACKET J TRYBUS 385960533 FY 2004-2005 OPEN PURC FY 2004-2005 OPEN PURC *NAT'L DEF RAMP KIT 20237 OFFICE SUPPLIES OFFICE: SUPPLIES PUBLIC WORKS CONTRACT UNION DUES SUPPLIES A26493 PERS EMPLY PERS 1959 *PERS 8Y8K *PERS BYBK PERS SPEC PERS EM/OE *PERS OE3 PBRS COUNCIL COUNCIL 1959 6/30-4/27 4H 3/01-12/31/05 MONITOR BUGLAR PANEL/INSTALL FIRE: PANEL/INSTALL INTRUSION SYS/INSTALL PARTS 27429 PLAN.COMM. TRAINING PERS LTC/2405 SUPPLIES 25444 SALES TAX 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 FINANCIAL ACCOUNTING PAGE 5 AMOUNT 10.83 221.50 50.39 74.64 125.03 17193.19 40.71 247.17 87.04 334.21 72634.10 685.35 131.55 17836.62 109.74 54.34 1170.37 181.26 3227.01 3227.01 25806.35 216.60 2.00 218.60 47.24 344.00 300.00 3289.00 1745.00 5678.00 35.52 250.00 104.42 43.30 Ç-L~ 05/05/05 k~~D~!~~ ÞRR!DD, 11/0, CITY OF CUPERTINO CHRCK RRGISTRR . DISBURSRMRNT FUND SELECTION CRITERIA: transact.trans_dat.e between "05/02/2005" and "05/06/2005" FUND - 110 - GENERAL FUND CASH ACCT CHECK NO 1020 TOTAL CHECK 1020 1020 1020 1020 1020 TOTAL CHECK 1020 1020 1020 1020 1020 1020 1020 1020 1020 TOTAL CHECK 1020 1020 1020 1020 1020 1020 1020 1020 TOTAL CHECK 1020 1020 1020 1020 TOTAL CHECK 1020 1020 1020 1020 1020 TOTAL CHECK 617812 617813 617814 617815 617815 617815 617816 617817 617818 617819 617820 617820 617820 617820 617820 617821 617822 617822 617822 617822 617822 617822 617822 H7823 617823 617823 6.17823 617824 617824 617824 617824 617824 05/06/05 542 ISSOB DT -------------~VENDOR------------- FUND/DEPT 05/06/05 3317 05/06/05 2315 05/06/05 2661 05/06/05 2661 05/06/05 2661 05/06/05 2B5B 05/06/05 2482 05/06/05 3251 05/06/05 3162 05/06/05 2043 05/06/05 2043 05/06/05 2043 05/06/05 2043 05/06/05 2043 05/06/05 633 05/06/05 1150 05/06/05 1150 05/06/05 1150 05/06/05 1150 05/06/05 1150 05/06/05 1150 05/06/05 1150 05/06/05 2057 05/06/05 2057 05/06/05 2057 05/06/05 2057 05/06/05 511 05/06/05 511 05/06/05 511 05/06/05 511 05/06/05 511 PINE CONE LUMBER PINNACLE SYSTEMS PIVOT INTERIORS 5708510 6104800 1107501 PROFESSIONAL TURF MGMNT, 5606640 PROFESSIONAL TURF MGMNT, 5606640 PROFESSIONAL TURF MGMNT, 5606640 ROBERT HALF TECHNOLOGY QUALITY ASBESTOS CONTROL 4209228 6104800 CARTER J. ROBINSON ROSS MCDONALD COMPANY IN 4239222 1104400 RUDE I S PEST MANAGEMENT RUDE'S PEST MANAGEMENT RUDE'S PEST MANAGEMENT RUDE'S PEST MANAGEMENT RUDE'S PEST MANAGEMENT 1108501 1108506 1108505 1108504 1108503 SANTA CLARA COUNTY SHERI 5B06349 WELLS FARGO FINANCIAL LE 1108101 WELLS FARGO FINANCIAL LE 1101201 WELLS FARGO FINANCIAL LE 1104000 WELLS FARGO FINANCIAL LE 1101200 WELLS FARGO FINANCIAL LE 1104310 WELLS FARGO FINANCIAL LE 1107301 WELLS FARGO FINANCIAL LE 1106100 SBC PACIFIC BELL SBC PACIFIC BELL SBC PACIFIC BELL SBC PACIFIC BELL SBC/MCI SBC/MCr SSC/MCr SBC/MCr SBC/Mcr RUN DATE 05/05/05 TIME 10;56;11 6109856 4239222 4239222 4239222 1108503 1108502 1108507 6104800 1108501 -----DESCRIPTION------ SUPPLIES 25444 GOLD SUPPORT LIQUID SI CHAIR/BUILDING STAFF SOIL SAMPLES FENCE REPAIRS MAINTENANCE APRIL2005 ASBESTOS REMOVAL K.STAMES W/E 4/22 SERVICE APRIL 2005 PUBLIC WORKS CONTRACT RODENT BAIT RODENT BAIT RODENT BAIT RODENT BAIT RODENT BAIT DANCE 4/15 1-5062379 2/2-5/2 1-5062379 2/2-5/2 1-5062379 2/2-5/2 1-5062379 2/2-5/2 1-5062379 2/2-5/2 1-5062379 2/2-5/2 1-5062379 2/2-5/2 RETURNS 31732 48 PORT SWITCH CISCO 3 48 PORT SWITCH CISCO 3 WIRELESS PROJECT #9969248 3/01-4/27 #2524620 3/01-4/27 #5170211 3/01-3/27 #0215331 4/01-4/30 #0213488 4/01-4/30 SALES TAX 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 .0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 - FINANCIAL ACCOUNTING <;-21 PAGE 6 AMOUNT 66.36 109.66 1495.00 679.05 240.00 4100.00 15022.67 19362.67 3465.00 1178.00 1825.00 43924.80 180.00 180.00 180.00 180.00 180.00 900.00 336.72 148.35 3.60 40.95 15.75 4887.11 939.90 28.80 6064.46 -5998.94 507.00 4059.45 2375.00 942.51 14.95 106.35 14.44 729.99 610.39 1476.12 05/05/05 CITY OF CUPERTINO PAGE 7 ACCOUNTING PERIOD: 11/05 CHECK REGISTER - DISBURSEMENT FUND SELECTION CRITERIA: transact. trans_date between "05/02/2005" and "05/06/2005" FUND - 110 - GENERAL FUND CASH Acer CHECK NO ISSUE DT --------------VENDOR------------- FUND/DEPT -----DESCRIPTION------ SALES TAX AMOUNT 1020 617825 05/06/05 2446 SIGNA A RAMA 5606620 CHNG DATES/SIGNS 0.00 317.07 1020 617826 05/06/05 2810 SMART & FINAL 5806349 SUPPLIES A26495 0.00 100.61 1020 617826 05/06/05 2810 SMART & FINAL 5806349 SUPPLIES A25631 0.00 44.75 1020 617826 05/06/05 2810 SMART & FINAL 5806249 KLEENEX 25429 0.00 21.15 TOTAL CHECK 0.00 156 .51 1020 617827 05/06/05 2320 SNAP-ON INC. 6308840 SHOPKEY RENEWAL 0.00 1302 ,57 1020 617828 05/06/05 677 STATE STREET BANK & TRUS 11 0 *PERS DBF 0.00 3843.67 1020 617829 05/06/05 1406 SUNNYVALE CHEVROLET 6308840 FY 2004-2005 OPEN PURe 0.00 728.41 1020 617829 05/06/05 1406 SUNNYVALE CHEVROLET 6308840 FY 2004-2005 OPEN PURe 0.00 165.00 TOTAL CHECK 0.00 893.41 1020 617830 05/06/05 2863 SUNNYVALE-CUPERTINO 1101500 BAR ASSOC. MCLE 0.00 28.00 1020 617831 05/06/05 2045 SVCN 5208003 AD 4/13 0.00 260.00 1020 617831 05/06/05 2045 SVCN 5208003 AD 4/20 0.00 260.00 TOTAL CHECK 0.00 520.00 1020 617832 05/06/05 '" TAP PLASTICS INC 1108504 PLASTIC SIGNS 27132 0.00 80.07 1020 617833 05/06/05 701 TARGET STORES 5706450 SUPPLIES 25465 0.00 15.13 1020 617834 05/06/05 3204 TOLL ARCHITECTURAL GRAPH 4239222 PUBLIC WORKS CONTRACT 0.00 9855.60 1020 617835 05/06/05 1993 TREASURER OF ALAMEDA COU 110 A LOPEZ JR 566398126 0.00 253.84 1020 617836 05/06/05 724 TURF & INDUSTRIAL EQUIPM 6308840 FY 2004-2005 OPEN PURC 0.00 164.33 1020 617837 05/06/05 1154 UNITED WAY OF SANTA CLAR 110 UNITED WAY 0.00 72, 00 1020 617838 05/06/05 746 VIKING OFFICE PRODUCTS 5506549 OFFICE SUPPLIES 0.00 75. " 1020 617838 05/06/05 746 VIKING OFFICE PRODUCTS 5506549 OFFICE SUPPLIES 0.00 25 .65 1020 617838 05/06/05 746 VIKING OFFICE PRODUCTS 5506549 OFFICE SUPPLIES 0.00 48 .28 1020 617838 05/06/05 746 VIKING OFFICE PRODUCTS 1106500 OFFICE SUPPLIES 0.00 58 .37 TOTAL CHECK 0.00 207.39 1020 617839 05/06/05 745 VMI INC 1103500 SUPPLIES 0.00 2066.24 1020 617840 05/06/05 2904 WBBBX COMMUNICATIONS INC 6104800 MAY2005 WEB SERVICE 0.00 600.00 1020 617841 05/06/05 768 WEST GROUP PAYMENT CENTE 1101500 WITKIN/CA PROCEDURE 0.00 254.39 1020 617842 05/06/05 M2005 WILLIAMS, CINDY 560 REFUND PICNIC DEPOSIT 0 .00 350 .00 1020 617843 05/06/05 M2005 WINSLAND MANAGEMENT 110 BOND RELEASE 0.00 5500 ,00 TOTAL CASH ACCOUNT 0.00 371995.25 RUN DATE 05/05/05 TIME 10:56:11 - FINANCIAL ACCOUNTING ':)-11 05/05/05 ACCOUNTING PERIOD: 11(05 CITY OF CUPBRTINO CHECK REGISTER - DISBURSEMENT FUND SELECTION CRITERIA: transact trans_date between "05/02/2005" and "05/06/2005" CASH ACCT CHECK NO FUND - 110 - GENERAL FUND ISSUE DT --------------VBNDOR------------- FUND/DEPT TOTAL FUND TOTAL REPORT RUN DATE 05/05/05 TIME 10:56:11 -----DESCRIPTION------ SALES TAX 0.00 0.00 FINANCIAL ACCOUNTING PAGE 8 AMOUNT 371995.25 371995.25 ') - :FJ RESOLUTION NUMBER 05-082 DRAFT A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO ALLOWING CERTAIN CLAIMS AND DEMANDS PAYABLE IN THE AMOUNTS AND FROM THE FUNDS AS HEREINAFTER DESCRIBED FOR SALARIES AND WAGES PAID ON May 6, 2005 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 $ 411,253.68 Less Employee Deductions $0 l6,I 54.36) NET PAYROLL $ 295.099.32 Payroll check numbers issued 81828 through 82051 Void check nurnber(s) CERTIFIED: ~ Q ~ ~ Director of Administrative Services PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this 17th day of May ,2005, by the following vote: Vote Members of the City Council AYES: NOES: ABSENT: ABSTAIN: ATTEST: APPROVED: City Clerk Mayor, City of Cupertino 0-/ !,~I~ ff /~ ____J -. i F CUPEIQ1NO City Hall 10300 Torre Avenue Cupertino, CA 95014-3255 Telephone: (408) 777-3220 FAX: (408) 777-3366 DEPARTMENT OF ADMINISTRATIVE SERVICES SUMMARY Agenda Item No., Meeting Date: May 17, 2005 SUBJECT Accept the Treasurer's Investment and Budget Report - March 2005. BACKGROUND Attached are the Treasurer's Investment and Budget reports for the period ended March 3],2005. The report includes all funds in control of the City. Investments The market value of the City's current portfolio totaled $35.9 million at March 3], 2005, with a maturity value of $36.3 million. The slightly lower market value of the individual securities (compared with cost or maturity values), indicates that rates have risen since the time of purchase. The City intends to hold investments until maturity to redeem full value of the securities plus interest earnings up through the maturity date. The Local Agency Investment Fund (LAIF) yielded 2.542% in March compared to February's 2.368%, and 1.474% a year ago. LAIF yields have risen consistently since June, when the yield was 1.469%. The City's portfolio as a whole yielded 2.71% in March. Short-tenn agency yields increased slightly during the month, but no purchases were made. Overall, the City's current investment portfolio increased approximately $350,000 in March. The increase is primarily due to planned revenues exceeding planned expenditures. The investments of the City of Cupertino are in full compliance with our City investment policy and/or State law, and are tiered to adequately provide the City with sufficient cash flows to pay its obligations over the next six months. Printed on Recycled Paper 7-1 RevenuefExpenditure Trends Bottom line General Fund revenues are tracking at budget projections due to the timing of major tax payments ftom the County and other tax revenues submitted in January. MVLF revenue is reduced permanently in this fiscal year, as compared to the temporary decrease caused by the loan of MVLF revenue to the State last year, with the offset showing in the property tax line item. Both sales tax and MVLF losses were offset as the County submitted payments under the triple flip and MVLF swap provisions: funds set aside from the County ERAF fund were used to offset the sales tax revenue reduction and an adjustment from the Vehicle License Fee Property Tax Compensation Fund was also made. The State will "true-up" these two revenues in September 2005. The MVLF allocation will be considered property tax and grow or decline in future years according to local assessments. Finance will be preparing a mid-year revenue re-allocation to show this permanent change from intergovernmental revenues to property taxes. Hotel tax revenues are healthier than in the prior year, and should come in over budget for 2004-05, whereas utility user tax revenues are still lagging. Licenses and charges for services have increased as a result of increases in development fee rates and additional activity in Building and Planning. Departmental expenditures are 14.16% lower than prior year spending due to the city's hiring freeze. RECOMMENDATION: Accept the Treasurer's Investment and Budget report for March 2005. Submitted by: Approved for submission: ~~ Carol Atwood Administrative Services Director ~uJ~'Y'f David W. Knapp City Manager 7-,2 City of Cupertino March 2005 1 , , ACTIVITY DATE I -f- ADJUSTED T MATURITY MARKET UNREALIZEI --- -----.- PURCHASE I MATURITY I DESCRlPTIOI'i' REF - YIELD- COST T VALUE VALUE PROFIT/LOSS . , --- -~ SECURITIES MATURED/CALLED ----- - - -- n ------ - __n__ ----¡- --- 1 - - --.- f----- - - ---~ SECURITIES PURCHASËÖ -- ------ -- -- ----- , , I 04/18105 ' 10/18/07 i FHLB Floater 2_ 3.57%; 1.500,000 : 1,500,000 1.500,000 0 03/31/05 08/31/06 'US Treasury Note 1 3.63% 984.813 , 1,000.000 984,813 I 0 ,- - --- -- - ! i - .- ---- ----- -- - --- ! - - - j I 1 I - ---~ CURRENT PORTFOLIO I -I - ! CASH 157.848C _______ ! ....n.n.__ --.-- 157.84~ 1_ - 157,848 +- ! 03/31/05 ; Cupertino National Bank 0 ---- 39,6271 03/31/05 ¡Cupertino Natio_~~1 ~ank. Workers Camp _ _ _ 39,627 1 39,627 i 0 ; -1- .---- ----- ~~131/05 IWells Fargo Check~ng_- Sw~eE Account 1.43%j 2,308,339 i 2,308,339 I 2,308,339 ì 0 , -- 03/31/05 ,Wel1s FargoCheck~~g 518,412 518,412 , 518,412 0 ¡- ----- 3,024,225T CA 3,024,225 3,024,225 0 1 __'''__'M - -. ----- LAlF LA 03/31/05 LAIF - state Poo1 4 2.54% 12,335,834 12,335,834 12,335,834- 0 I' ..------ - u_____ ----- -----'- - - --- . -- ,CERTIFICATES OF DEPOSIT , I -=-=- '03/17/04 American Trust Fed Savio_gs 8a00'9- - 0,270) 03/17/08 3.00% 99,000 99,000 95,730 __:1 03/24/04 03/24/08 ~adger State Bank ,9 3.00% 99.000 99,000 95,703 (3,297) _____m__ ....-- - (2,274) 04107/04 04/07/08 Core Tayl()r~~nk©,step 9 2.25% 97,000 97,000 94,726 ___m_ (3:336) 03/17/04 03/17/09 P~op!es State Bank 9 3.40% 99,000 99,000 95,664 03/19/04 03/19108 Plantersfirst Cordell GA V 3.05%: 98,000 98,000 94,922 --(3~07s) - -03/26/04 1 03/26/08 IPri~äiebank & Trust 9 3.20%1 99.000 99,000 96,264 (2,736) 03/24/04 ! 09/24/Ö~7'ÎSignature Bank Nat'ÍAssn 9 - :2'.70%~ 99,000: --.- 99,000 95,820 (3,180) - 03/26104 l 09/26/08 'Southcoast Communtiy Bank 9 3.20% 98.000 98,000 94,682 (3,31_8) -. 03/24/04 1 03/24/09 'Washita State Bank 9 3.35%; 99,000 99,000 95,451 (3,549) 03/24/04 : 03/24/08 ~ Wilmot State Bank - 9 3.00%: 99.000 99,000 95,703 (3.297) ~ " -- , 986,000 I 986,000 954,665 , -----~ - -- i -, -- -- I-- I , -"..- -- -, -.- --.-. MONEY MARKET FUNDS , -1 Ö3/31105 I Wel!~Fargo Government 416.695 , ---- ---- 14 , 2.88% 416.695 i 416.695 -- 1 _ _ 41~~695 :- MM 416,695 416,695 0 , r -- ---- 1 , .~ -- -- --- AGENCY NOTES I I - - I . .- - '(4,2Osj --- _ 07/09/93 0.4/15107 FHLMC(P) 2 6.74% 106,115 108,741 ; 101,910 -,,-- : 03/08/04 12/26/06 FHLMC© 2 2.30% 790,803 --~.. 778,328 (12,475) 07/21103 07/21106 FHLB© 2 2.20% 500,000 500.000 489.530 (10,470) 1--- 01112/04 08/06/08 FHLB©,step 2 3.00% 997,626 1,000,000 987,190 (10,436) I- 08/07/03 08/07/06 FHLB©,step 2 2.33% 500,000 500,000 491,875 --(8;j25\ 08/11/03 08/11/06 -------- ,---·f FHLB© 2 2.50% 2,400,000 2,400,000 2,356,512 (43,488) 1---- - 02/25/04 02/25/08 FHLB© 2 3.13% 1,000,000 1,000,000 971,730 (28,270) I-- I- 12/05/03 12/05/07 FNMA©,step 12 2~6~~j 1,000,000 1.000,000 987,500 (12.50.02 03/16/04 - 03/16109 i FNMA 2 4.01%' 1,600,000 1 1.600,000 1,575,008 (24.992) 1---- 03/23104 - 01/30/09'FNMA© 2 2.5Ó%~ 500.000 ! 500,000 495,470 . (4,530) 04123/04 01/23108 FHLB© 2 3.15%' 1,488.576 - 1,500,000 1,431,090 (57,486) I 04/14/04 12103107 FNMA© 2 2.50% 990.370 I 1,000,000 j 957.810 I (32,560) 12/15/03 12/15/08 FNMA©, step 2 3.00% 1,000.000 I,OOO,OOO_t 990,890 T (9,110) 1---; 03/30704 03/30/09 HILB©,step 2 2.50% 6ÖO;000 600,000 . 595;686 I (4.314) - 12/22/03 06/22/07 (24ß90) , FNMA 2 3.30% 1,000.000 1,000.000 i 975.310 - 12130/03 12/30/08 .--- - 1,000,000' -. 1--. . FHLMC©, step 2 2.75% 1,000,000 996.370 (3~ 04/29/04 1O/29~08 FHLIJ©', step --- 1 3.00% 300,000 -'-- 300.000 I I-- I- 2 294.093 (5,9~ 04/30/04 : 04/30/09 'FHLB©. step n ii- I 3.13% 1,000,000 1.000,000 1 993,130 (6,870) 7-3 City of Cupertino March 2005 -- 1 ACTIVITY DATE IPURCHASE MATURITY ! DESCRIPTION - - REF - ----- - -,.,--- -- -- 08/24/04, 02/24/06 FHLB © 04/30/04, 04/30/07 FHLMC© -------1----- , - , 1 us GOVERNMENT SECURITIES 03/31/05 08/31/06 US Treasury Note I ~- MO 12 2 R , - - Total Maníiged Portfolio I--+-~v~rage Yield Average Length to Maturity (in years) -...... ----.------.- I I ---- - ~ I , ' 1_ ---:. ..- . -....-.. F ~~4-~~'''UGmcr~..~ e--.. CERTIF1CA~ESOF DEPOSIT: _ .._ _ --3= 07/27!O!_ ~ 03/30/05__i~upertjno Natl(~~~ter Trust) :~b.__ ¡ ~,,_ __. I Total Trust & Agency Portfolio =?l-_~N~RESERVE POR!FOLIO ___~~__~~serve Portfo1io~ #O~_ I I Bond Reserve Port~~~_i_? - #078793 I Bond Reserve Portfolio - #078794 _ I Total Bond Reserve Portfolio I - - '-- -c ---, ------ ---- - - e-- - ----, - ._~ ,"-- e-- ----, , I - I ADJUSTED MATURITV YIEW I COST VALUE - -- 2.75% 3.30% -- r - t }.63Jó, . 2.71% 1.53 .- 1.53% - , 1,200.000 499,983 18,473,472 982,580 9~2 _580 ., 1,200,000_1 500.000 ' 18,508,741 u 1_ 1,000,000 1,000,000 MARKET VALUE 1,189,872 I 493,110 r 18,152,414 . 982,580 982,580 36,218,806 I 36,~?1,495 __3~~66,413 I ..- ___TO 42,133 - 42,133 ! , 10.984 I 603 . 11,587 .-- ! ,.-- - ! 1 1 -.. -~. -, 42,133 42.133 . 10,984 I 603 11,587 i ! - , - --- UNREALlZEJ: PROFIT/LOSS - (10,128) (6.873) .Q~ -- o ------0 (32~ ----1--- - --- -- .-- .. - 42,133 -,....-- 42.133 10,984 I 603 I 11,587 -~ ~ --- - -.- --.- "-. ..-- --+ I 1 - --- .,,- o o o - ------'- o o --- --- --- - , 1 1 -- 7-l( 3_00% 2.50% .----- 2_00% 1.50% 1,00% 0,50% 0,00% 2/04 Agency Nme5 51% . 3/04 4104 Investments by Type Managed Portfolio US Treasury NOles 3% CD's 3% IRate of Return Comparison . ------- --. . ------: .- . - 5/04 6/04 7/04 8/04 9/04 10/04 11J04 12J04 1J05 2J05 3/05 1-) - ---.-------------.------.-------- ______n__________ COMPLIANCE WITH INVESTMENT POLICY <:;i!y()! <:;IIPl1..tino 3-31-05 - --------- -------.------ Category Treasury Issues U~AgeI1cies (eg FHLMC) Medium Term Corporate Bonds/Notes LA]F Money Market Funds Maximum Maturities " Per Issuer Max Bankers Acceptances Commercial Paper N¡:g()tiable Certificates of Deposit Repurchase Agreements Reverse Repurchase agreements Standard No limit No limit .30% with A rating $40 million - ---------------- 20% 25%upto 15)iears . 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"' !ä : 13] '" ~ ~ '¡" ¡.. 10 """" ' u '", I.S.S - - - ~II ~I ~ 7-1 " " 8- 8-; ---- -- 7,000.000 6,000,000 4,000,000 2,000,000 1,000,000 o 2 Revenue Comparison 4 !2 13 6 8 9 10 11 Expenditure Comparison 7,000,000 6,000,000 5,000.000 4,000.000 3,000.000 2,000,000 1,000,000 0 2 3 4 5 6 I Sales Tax 2 Property Tax 3 Transcient Occupancy 4 Utility Tax 5 Franchise Fees 6 Other Taxes 7 Licenses & Pennits 8 Use of Money & Property 9 Intergovernmental 10 Charges for Services 11 Fines & Forfeitures 12 Other Revenue 13 Sale of Property .YTO 3/31/04 E3YTO 3/31/05 ¡Administrative 2 Law Enforcement 3 Conununity Service 4 Administrative Service 5 Recreation Service 6 Community Development 7 Public Works 7-J City of Cupertino ! , ..- -- Summary 01 BUdget!ranS1ers i i i Uenera! Fund i ! ""-- n~ j/j ](JIII]5 _._~-- , ~---- ! Budget I Revenue Expenditure Description Acct# Adiustment Budget B udoet - , 31,890,000 . -..... 2004/05 ADOPTED BUDGET i 31,291,000' i -0'_- I -~ 2003/04 CARRYOVER: I I Encumbrances I various 181,9381 , 181,938 Department carryovers ! various - 258,445 -+ 258,445 Department carryovers illO-4400-various - . 12,075 12,075 Grant Carryovers IIIO-4400-various 12,568 - 12,5681 12,568 , I ._-~ REVENUE ADJUSTMENTS: Mise Donations various 14,300 14,300 . .._-~-- Midyear Budget Adj various 8,000 8,000 -------------.---.--- ~- EXPENDITURE ADJUSTMENTS: Red'!.ce Eco Pass ~ Conj,-I\!gmn~__ ~__ 110-8005-7107 .__..:17 ,92~ f-----.-,--,-- -17,920 .:...c.._____ _......._., - -,---------''-=- Remove benefits wi PT position ¡ 11 0-4400-5713 -1,550 -1,550 Carry over law enforcement gran~~.___..L._ 110-2401-7014 97,332 97,332 Carry over law enforcement grants I 110-2402-7014 23,24.~ f----,.... ---- 23,240 Carry over law enforcement grants I 110-2401-7014 9,999 9,999 ._~-~.-- Transfer for wireless purchase 110-810118408-6111 -3,479 -3,479 Litigation 110-1500-7075 I 4,000 4,000 .-.--.---, Increase OES Supplies 110-4400-6111 I 3,500 3,500 -.. Aquarium Maintenance 110-8502-7014 ! 10,800 10,800 _'__M___'_'~'_ "'-- Midyear Budget Adj various I 575,101 575,101 --_._- ! I ._..~_.~...~-----+- 1- I 2004/05 ADJUSTED BUDGET I I 31,325,868 33,056,049 7-C¡ ,;~I 1.\'\" .,,;.-..i I F CUPEIQ1NO i City Hall 10300 Torre Avenue Cupertino, CA 95014 (408) 777-3212 Fax· (408\ 777-3366 OFFICE OF THE CITY MANAGER SUMMARY AGENDA ITEM NUMBER ~ AGENDA DATE 5'-n-O~ SUBJECT AND ISSUE Application for Alcoholic Beverage License. BACKGROUND 1. Name of Business: Location: Type of Business: Type of License: Reason for Application: Flames Coffee Shop & Bakery 10630 S. De Anza Blvd. Restaurant On-Sale General for Bona Fide Public Eating Place New Application RECOMMENDATION There are no use pennit restrictions or zoning restrictions which would prohibit this use and staff has no objection to the issuance of the license. Prepared by: Submitted by: t ~ !j)~I/ Ciddy Wor ell, City Planner ~ David W. Knapp, City Manager G:planning/misc/abcflames Printed on Recycled Paper 0-1 State of California Department of Alcoholic Beverage Control APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE(S) ABC 211 (6/99) TO: Department of Alcoholic Beverage Control File Number: 425807 100 Paseo de San Antonio Receipt Number: 1513759 Room 119 Geographical Code: 4303 San Jose, CA 95113 Copies Mailed Date: Aprll 26, 2005 (408) 277-1200 Issued Date: DiSTRICT SERVING LOCATION: SAN JOSE First Owner: CUPERTINO FLAMES LLC Name of Business: FLAMES COFFEE SHOP & BAKERY Location of Business: 10630 S DE ANZA BLVD CUPERTINO, CA 95014 SANTA CLARA yi1) Census Tract 5080.01 County: Is premise inside city limits? Mailing Address: (If different from premises address) Type of license(s): 41 Transferor's license/name: / Dropping Partner: Yes License Tvpe Transaction Tv De Fee Type NA NA NA Mas ter lliu! o o 2 Date 41 ON-SALE BEER AND ORIGINAL FEES 41 ON-SALE BEER AND ANNUAL FEE 41 ON-SALE BEER AND STATE FINGERPRINTS y y N 04/26/05 04/26/05 04/26/05 Total No & $300.00 $304.00 $78.00 $682.00 Have you ever been convicted of a felony? No Have you ever violated any provisions of the Alcoholic Beverage Control Act. or regulations of the Department pertaining to the Act? No Explain any "Yes" answer to the above questions on an attachment which shall be deemed part of this application. Applicant agrees (a) that any manager employed in an on-sale licensed premise will have all the qualifications of a licensee, and (b) that he will not violate or cause or permit to be violated any of the provisions of the Alcoholic Beverage Control Act. STATE OF CALIFORNIA County of SANTA CLARA Date: April 26, 2005 Under penalty of perjury, each person whose signature appears below, certifies and says: (1) He is an applicant. or one of the applicants. Of an executive officer of the applicant corporation. named in the foregoing application. duly authorized to make this application on its behalf: (2) that he has read the foregoing and knows tbe contents thereof and that each of the above statements therein made are true; (3) that no person other than the applicant or applicants has any direct or indirect interest in the applicant or applicant's business to be conducted under the license(s) for which this application is made; (4) that the transfer application or proposed transfer is not made to satisfy the payment of a loan or to fulfill an agreement entered into more than ninety (90) days preceding the day on which the transfer application is filed with the Department or to gain or establish a preference to or for any creditor or transferor or to defraud or injure any creditor of transferor; (5) th transfer application may be withdrawn by either the applicant or the licensee with no resulting liability to the Department. .-------J Applicant Name(s) Applican Sig~ture~/ ,/ CUPERTINO FLAMES LLC - _ .,-/ r'"' I"V\ ~ fi ?-02. DRAFT RESOLUTION NO. 05-083 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO DECLARING BRUSH GROWING ON CERTAIN DESCRIBED PROPERTY TO BE A PUBLIC NUISANCE AND SETTING HEARING FOR OBJECTIONS TO PROPOSED REMOVAL WHEREAS, brush is growing in the City of Cupertino upon certain streets, sidewalks, highways, roads and private property; and WHEREAS, said brush may attain such growth as to become a fire menace or which are otherwise noxious or dangerous; and WHEREAS, said brush constitutes a public nuisance; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Cupertino as follows: 1. That said brush does now constitute a public nuisance; 2. That said nuisance exists upon all of the streets, sidewalks, highways, roads and private property more particularly described by common names or by reference to the tract, block, lot, code area, and parcel number on the report to be provided by the Agricultural Commissioner; 3. That the 7th day of June, 2005, at the hour of 6:45 p.m., or as soon thereafter as the matter can be heard, in the Council Chamber in the Community Hall, City of Cupertino, are hereby set as the time and place where all property owners having any objections to the proposed removal of such brush may be heard; 4. That the Senior Building Inspector-Agricultural Commissioner is hereby designated and ordered as the person to cause notice of the adoption of this resolution to be given in the manner and form provided in Sections 9.08.040 of the Cupertino Municipal Code. PASSED AND ADOPTED at a regular meeting of the city Council of the City of Cupertino this 17th day of May 2005, by the following vote: Vote Members of the City Council AYES: NOES: ABSENT: ABSTAIN: ATTEST: APPROVED: City Clerk Mayor of Cupertino q -( RESOLUTION NO. 05-084 DRAFT A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO ACCEPTING GRANT OF EASEMENT FOR ROADWAY PURPOSES FROM AMELIA INVESTMENTS, LP, 10578 SAN LEANDRO AVENUE, APN 357-05-046 WHEREAS, Amelia Investments, LP, has executed a Grant of Easement for Roadway Purposes which is in good and sufficient form, granting to the City of Cupertino, County of Santa Clara, State of California, easement over certain real property for roadway purposes, situate in the City of Cupertino, more particularly described in Exhibit "A" and Exhibit "B", attached hereto and made a part hereof, which is as follows: All that certain real property situate in the City of Cupertino, County of Santa Clara, State of California, located at 10578 San Leandro Avenue, APN 357-05-046. NOW, THEREFORE, BE IT RESOLVED that the City of Cupertino accept said grant so tendered; and IT IS FURTHER RESOLVED that the City Clerk is hereby authorized to record said grant and this resolution. PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this 17th day of May, 2005, by the following vote: Vote Members ofthe City Council AYES: NOES: ABSENT: ABSTAIN: ATTEST: APPROVED: City Clerk Mayor, City of Cupertino I D-I RESOLUTION NO. 05-085 DRAFT A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO AUTHORIZING EXECUTION OF IMPROVEMENT AGREEMENT BETWEEN THE CITY AND DEVELOPER AMELIA INVESTMENTS, LP, 10578 SAN LEANDRO AVENUE, APN 357-05-046 WHEREAS, there has been presented to the City Council a proposed improvement agreement between the City of Cupertino and developer, Amelia Investments, LP, for the installation of certain municipal improvements at 10578 San Leandro Avenue and said agreement having been approved by the City Attorney, and Developers having paid the fees as outlined in the attached Exhibit A; NOW, THEREFORE, BE IT RESOLVED THAT the Mayor and the City Clerk are hereby authorized to sign the aforementioned agreement on behalf of the City of Cupertino. PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this17th day of May, 2005, by the following vote: Vote Members of the City Council AYES: NOES: ABSENT: ABSTAIN: ATTEST: APPROVED: City Clerk Mayor, City of Cupertino II-{ Resolution No. 05-085 Page 2 EXHIBIT "A" SCHEDULE OF BOND, FEES, AND DEPOSITS DEVELOPMENT: Amelia Investments, LP LOCATION: 10091 Byrne Avenue APN 357-11-005 A. Faithful Performance Bond: $ 8,525.00 EIGHT THOUSAND FIVE HUNDRED TWENTY-FIVE AND 00/100 DOLLARS B. Labor and Material Bond: $ 8,525.00 EIGHT THOUSAND FIVE HUNDRED TWENTY-FIVE AND 00/100 DOLLARS C. Checking and Inspection Fees: $ 2,130.00 TWO THOUSAND ONE HUNDRED THIRTY AND 00/100 DOLLARS D. Development Maintenance Deposit ONE THOUSAND AND 00/100 DOLLARS $ 1,000.00 E. Storm Drainage Fee: TWO HUNDRED NINETY-FOUR AND 57/]00 DOLLARS $ 294.57 F. Street Light -One Year Power Cost: N/A G. Map Checking Fee: N/A H. Park Fee: $15,750.00 FIFTEEN THOUSAND SEVEN HUNDRED FIFTY AND 00/100 DOLLARS (1-..2 City Hall 10300 Torre Avenue Cupertino, CA 95014-3255 Telephone: (408) 777-3223 FAX: (408) 777-3366 www.cupertino.org ITV F CUPEIQ1NO OFFICE OF EMERGENCY SERVICES SUMMARY Agenda Item No. I 3 Meeting Date: May] 7, 2005 SUBJECT AND ISSUE Conduct a public hearing to consider the City of Cupertino's Hazard Mitigation Strategies; review and approve the list of Hazard Mitigation Strategies to be included in the Association of Bay Area Government (ABAG) Hazard Mitigation Plan being submitted to the State of California and the Federal Emergency Management Agency (FEMA). BACKGROUND Earthquakes, floods, hurricanes, tornadoes and wildfires have caused the nation billions of dollars. Costs are growing due to more people living in areas susceptible to manmade and natural hazards. In addition to those commonly thought of natural hazards, technological and other man-caused emergencies and disasters have taken a high toll in human suffering and financial cost. The federal Disaster Mitigation Act of 2000 (DMA 2000) requires all local agencies in the country to adopt a federally approved Multi-Hazard Mitigation Plan order to receive pre-disaster mitigation funds. FEMA defines mitigation as the "sustained actions taken to reduce or eliminate long-term risk to people and property from hazards and their effects". Hazard mitigation focuses attention and resources on actions that produce successive benefits over time. The DMA 2000 Plan must inventory potential natural and human-caused hazards that the City is most vulnerable to, assess the risk to Cupertino's citizens, buildings and critical facilities, and develop a mitigation plan to reduce the City's risk and allow a swift and organized recovery should a disaster occur. To assist local governments in meeting the Plan, the Association of Bay Area Governments (ABAG) received a grant from FEMA to prepare a multi-jurisdictional plan that fulfills the requirements of DMA 2000. Cities and counties can adopt and use all or part of this multi- jurisdictional plan in lieu of preparing all or part of a Local Hazard Mitigation Plan themselves. Printed on Recycled Paper 13-1 May 17, 2005 Page 2 These jurisdictions must have participated in the development of the multi-jurisdictional plan. It is in the best interest of the City to join in with other local jurisdictions in participating with ABAG in this venture. ABAG developed a very extensive list of potential strategies that local governments could undertake to mitigate disasters that are specific to their jurisdictions. These strategies have been broken down into the areas of: Infrastructure, Health, Housing, Economy, Government, Education, Environment, and Land Use. In meetings with City staff members in the Community Development and Public Works Departments, as well as representatives from Cupertino school districts, these strategies were prioritized based on the severity of the threat to the City. ABAG identified regional threats as multi-hazard, earthquake, flooding, environmental, wildfire, and landslide. During these meetings, it was detennined that earthquakes are far and away the most significant threat that the City of Cupertino must be prepared for. Threats such as wildfires, flooding, and landslides do pose that large a risk to the City, based on its location within the Bay Area. In addition, preparing for an earthquake is the best approach when dealing with multi-hazard disaster issues. Specifically related to earthquakes, dealing with buildings that are the most susceptible to damage appears to be is the best mitigation strategy for the City to take. There are three types of buildings that are deemed to be the most at risk. These are Un-Reinforced Masonry Buildings (URMs), Soft Story buildings (apartments over open garages or carports), and wood frame residential structures that are not adequately bolted to foundations. Soft Story and wood frame types of buildings exist in the City. Although these buildings are at risk during an earthquake, local funding does not exist to mitigate the specific structural issues associated with them. However, by adopting the strategies associated with these building issues, the City would be able to apply for potential funding in the future, either on its own, or by partnering with another agency or jurisdiction. Areas that the funding could cover include grants for structural analysis, below-market loans for retrofitting buildings, technical assistance, and waivers or reductions in building pennit fees. The costs associated with these strategies have been estimated by City staff, as required by the DMA 2000 process. They do not hold the City to any future funding limits. It is interesting to note that many of the strategies outlined by ABAG, either related to earthquakes or other threats, are already being undertaken by the City or other local agencies. Examples of these include flood mitigation measures by the Santa Clara Valley Water District, the Cupertino Unified School District's assessing the vulnerability of their local schools and rewriting their emergency plan using grant funding, and the City's sponsorship of our CERT (Community Emergency Response Team) Program. The DMA 2000 process requires a Public Hearing so that citizens may address Hazard Mitigation issues with local officials. Should any additional strategies result from the Public Hearing, they could be included in the list that will be forwarded to ABAG as part of the Regional Plan. /]-2 May 17,2005 Page 3 Once FEMA approves Cupertino's list of strategies, the City Council will need to approve a Resolution adopting the ABAG Multi-Hazard Mitigation Plan. FINANCIAL IMP ACT None. By submitting the mitigation strategies to FEMA, the City is eligible to receive future funding in order to deal with these issues. RECOMMENDATION: That the City Council take the following actions: I. Review the list of Hazard Mitigation strategies that have been outlined by staff as being significant to the City of Cupertino. 2. Conduct a Public Hearing regarding citizen concerns on local Hazard Mitigation issues. 3. After FEMA approval of the draft plan, approve the listed strategies, as well as any resulting from the public hearing, and include those in the Final ABAG Hazard Mitigation Plan being submitted to the State of California and the Federal Emergency Management Agency (FEMA). ALTERNATIVES: The City Council could opt not to approve the listed mitigation strategies. However, that is not suggested, as the City would loose the option of obtaining funds to facilitate these strategies. Approved for submission: Mar a Hovey Emergency Preparedness Coor inator David W. Knapp City Manager Attachment A: Attachment B: Mitigation Strategies Draft Resolution 1)- 3 DRAFT-ANNEX Local Hazard Mitigation Plan City of Cupertino Introduction The City of Cupertino is a medium-sized city located in the western region of Santa Clara County, California. The City has a population of 50,546 people, based on the 2000 census '. For Fiscal Year 2004/2005, the City's total budget was $56,919,000. The City employs 154.75 full time and ]50 part time (peak summer) people. Local police services are contracted from the Santa Clara County Sheriff's Office and fire services are paid for through a property tax distribution to the Santa Clara County Fire Department. The Planning Process The process of preparing this plan was familiar to the City of Cupertino. The City has a Health and Safety Element to its General Plan last updated in 2004 that includes a discussion of hazards including fire, earthquake, landslide, flooding, dam failure and hazardous materials. In addition, the City routinely enforces the requirements of the California Environmental Quality Act (CEQA) (which, since] 988, have required mitigation for identified natural hazards). The City's efforts have focused on building on these pre-existing programs, identifying vulnerabilities and working on ways to address these vulnerabilities through mitigation. Many of the activities conducted by the City of Cupertino were submitted for incorporation into the ABAG multi-jurisdictional plan. The City participated in various ABAG workshops and meetings, including the general "kick-off" meeting. In addition, the City has provided written and oral comments on the multi-jurisdictional plan. Finally, the City provided information on facilities that are viewed as "critical" to ABAG. Key staff met to identify and prioritize mitigation strategies appropriate for the City. Staff involved in these meetings included Community Development, Public Works, the City's Emergency Services Coordinator, Santa Clara Valley Water District, local school districts, and the Santa Clara County Fire Department. At these meetings, priorities were identified and preliminary budgets and potential funding sources for strategies designated as "High" priority were created. The City provided the opportunity for the public to comment on the DRAFT mitigation strategies selected by City staff at the City Council meeting on May 17, 2005. The resolution adopting the plan and strategies will be on the City Council agenda as soon as the plan is approved by FEMA. The mitigation strategies will become an implementation appendix to the General Plan Health and Safety Element. I For complete Census infonnation on this city, see httD://www.bavareacensus.ca.20V/. City of Cupertino - DRAFT Annex 1 Aprll 25, 2005 13--Y Hazard and Risk Assessment The ABAG multi-jurisdictional Local Hazard Mitigation Plan, to which this is an Annex, lists nine hazards that impact the Bay Area, five related to earthquakes (faulting, shaking, earthquake- induced landslides, liquefaction, and tsunamis) and four related to weather (flooding, landslides, wildfires, and drought). These hazards also impact this community. The City has undertaken a number of general hazard mapping activities, which are included in 2004 revision of the Health and Safety Element. However, these maps may not be as current as those shown on the ABAG website at httn://ouake.abal!.ca.l!ov/mitil!ation/. Infonnation on disasters declared in Santa Clara County is at httn://ouake.abal!.ca.l!ov/mltil!atlon/disaster-historv.htmI. The City examined the hazard exposure of City urban land based on the infonnation on ABAG's web site at httn://ouake.abal!.ca.l!ov/mltiution/nlckdbh2.html. Of the 5,887 urban acres in the City, · Earthquake faulting - No active faults run within the city so rupture of a fault is not a direct concern. · Earthquake shaking - 5,722 acres are in the highest two categories of shaking potential; · Earthquake-induced landslides - the California Geological Survey (CGS) reports] 83 acres of residential land and I acre Commercial land within the earthquake-induced landslide area; · Earthquake liquefaction - 1,423 acres are in areas of moderate, high, or very high liquefaction susceptibility; · Flooding - 181 acres are in the IOO-year flood plain, while an additional 19 acres are in other flood-prone areas; · Landslides - 836 acres are in areas of existing landslides; · Wildfires - 135 acres are subject to high, very high, or extreme wildfire threat; · Wildland Urban Interface - 2,036 acres are in wildland-urban interface threat areas; · Dam Inundation - 566 acres are subject to dam inundation; and · Drought - all urban acres are subject to drought. The City also examined the hazard exposure of infrastructure based on the infonnation on ABAG's website at httn://ouake.abal!.ca.l!ov/mltil!ation/nickdbh2.html. Of the 113 miles of roadway in the City, · Earthquake faulting - 5 miles of roadway and 4 miles of under road pipelines are within the CGS Study Zone; · Earthquake shaking- 175 miles of roadway are in the highest two categories of shaking potential; · Earthquake-induced landslides - the California Geological Survey reports 5 miles of roads and 5 miles of under road pipelines within the study zone; · Earthquake liquefaction - 38 miles of roadway are in areas of moderate, high, or very high liquefaction susceptibility; City of Cupertino - DRAFT Annex 2 April 25, 2005 /3- S- · Flooding - 4 miles of roadway are in the 100-year flood plain, while an additional two miles are in other flood-prone areas; · Landslides - 22 miles or roads are in areas of existing landslides; · Wildfires - 4 miles of roadway are subject to high, very high, or extreme wildfire threat; · Wildland Urban Interface - 60 miles of roads are in wildland-urban interface threat areas; · Dam Inundation - 15 miles of roadway is in an area subject to dam inundation; and · Drought - which is not a hazard for roadways. Finally, the City examined the hazard exposure of critical health care facilities, schools, and city- owned buildings based on the information on ABAG's website at http://ouake.abal!.ca.l!ov/mitl!!atlon/pickcrlt.html. Of the critical facilities in the City, · Earthquake faulting - There are no critical facilities within the CGS Fault Study Zone; · Earthquake shaking - 6 critical health care facilities, ] 8 schools, and 26 city-owned facilities are in the highest two categories of shaking potential; · Earthquake-induced landslides - the CGS Cupertino Quadrangle shows no critical facilities within the landslide area; · Earthquake liquefaction - No critical health care facilities, schools, or city-owned facilities in an area of moderate, high, or very high liquefaction susceptibility; · Flooding - No critical health care facilities, schools, or city-owned facilities are in either the] OO-year flood plain or in other flood-prone areas; · Landslides - No critical health care facilities, schools, or city-owned facilities are in areas of existing landslides; · Wildfires - No critical health care facilities, schools, or city-owned facilities in a wildfire threat area; · Wildland Urban Interface - 3 critical health care facilities,S schools, and 7 city- owned facilities are in wildland-urban interface threat areas; · Dam Inundation - No critical health care facilities, I school, and 6 city-owned facilities are in areas subject to dam inundation; and · Drought - Drought will not affect city buildings directly. However, the city does not operate a water-supply distribution system. There is one repetitive loss properties in the City based on the information at http://ouake.aba!!.ca.!!ov/mltl!!stion/pickßood.html. The City plans to work with ABAG during 2005 to improve the risk assessment information being compiled by ABAG by providing information on unreinforced ~asonry buildings and soft- story apartments located in the City. Drought, though a potential problem in the City, is not fully assessed. The City will work with ABAG and various water supply agencies on this issue. City of Cupertino - DRAFT Annex 3 April 25, 2005 /J-fo The City plans to work with ABAG to develop specific information about the kind and level of damage to buildings, inftastructure, and critical facilities which might result from any ofthe hazards previously noted. The ABAG Annex states that ABAG will be doing this work in 2005 through early 2006. As these impacts are not fully developed, the City has reviewed the hazards identified and ranked the hazards based on past disasters and expected future impacts. The conclusion is that earthquakes (particularly shaking), flooding, wildfire, and landslides (including unstable earth) pose a significant risk for potential loss. Mitigation Activities and Priorities As a participant in the ABAG multi-jurisdictional planning process, City of Cupertino staff helped in the development and review of the comprehensive list of mitigation strategies in the overall multi-jurisdictional plan. The list was discussed at various meetings with the Community Development, Public Works, the City's Emergency Services Coordinator, Santa Clara Valley Water District, local school districts, and the Santa Clara County Fire Department. At these meetings, all of the mitigation strategies were reviewed. The tentative decision on priority was made based on a variety of criteria, not simply on an economic cost-benefit analysis. These criteria include being technically and administratively feasible, politically acceptable, socially appropriate, legal, economically sound, and not harmful to the environment or our heritage. Over time, we are committed to developing better hazard and risk infonnation to use in making those trade-offs. Weare not trying to create a disaster-proof region, but a disaster-resistant one. In addition, several of the strategies are existing City programs. These draft priorities were submitted to the City Manager for review. The draft priorities were then provided to the City Council packet for May] 7,2005.. The public will be provided with an opportunity to comment on the DRAFT priorities. The final strategies (as shown in the attached Table) will become an Implementation Appendix to the City's Health and Safety Element. In addition, the City examined the hazard exposure infonnation to City-owned critical facilities supplied by ABAG The Plan Maintenance and Update Process The Cupertino City Manager's Office will ensure that monitoring of this Annex will occur. The plan will be monitored on an on-going basis. However, the major disasters affecting our community, legal changes, notices from ABAG as the lead agency in this process, and other triggers will be used. Finally, the Annex will be a discussion item on the agenda of the meeting of City department heads at least once a year in April. At that meeting, the department heads will focus on evaluating the Annex in light of technological and political changes during the past year or other significant events. This group will be responsible for detennining if the plan should be updated. The City of Cupertino is committed to reviewing and updating this plan annex at least once every five years, as required by the Disaster Mitigation Act of2000. The City's Community Development Director will contact ABAG four years after this plan is approved to ensure that ABAG plans to undertake the plan update process. If so, the City again plans to participate in City of Cupertino - DRAFT Annex 4 Aprll 25, 2005 {3-9 the multi-jurisdictional plan. If ABAO is unwilling or unable to act as the lead agency in the multi-jurisdictional effort, other agencies will be contacted, including the County's Office of Emergency Services. Counties should then work together to identify another regional forum for developing a multi-jurisdictional plan. The public will continue to be involved whenever the plan is updated, and as appropriate during the monitoring and evaluation process. Prior to adoption of updates, the City will provide the opportunity for the public to comment on the updates. A public notice will be posted prior to the meeting to announce the comment period and meeting logistics. City of Cupertino - DRAFT Annex 5 April 25, 2005 I)-to - \ "" -- Ordinance or Resolution # (if existing program), Estimated Cost and Possible Funding Agency (if high priority), Estimated Date of Completion (if study) OR Other Comments itigation Strategies Responsible Agency or Department (Required if Existing Program, Very High High, or Under Study) nfrastructure M E.c~.æ~ m .9 :.r ~ .a I... :I: ..L.. Q) (fJ C) ~ "'C t- o~, 0 Q) '- Q) ~"'C c.. > <:: g> ::J :¡:¡ '" 'x w 'C ~ Q) 'C ëñ <:: ° o Qj >- - o Z ~ Q) ° > (If; _ 0 .~ ~ a.W e- a.'" a.0 «0 ÕÕ ZZ ai 13 .~ a. ~ Õ Z Specific Mitigation Strategy Santa Clara Valley Water District. San Jose Water. Caiifornia Water, PG&E x NFR - a - Multihazard Assess the vulnerability of criticai facilities designated by lifeline operators to damage in natural disasters or security threats, including facilities owned outside of the Bay Area that can impact service delivery within the region. Note - Lifeline agencies, departments, and districts are those that operate transportation and utility facilities and networks. Water Santa Clara Valley District x Comply with State of California and federal requirements to assess the vulnerability of dams to damage from earthquakes, seiches, landslides, iquefaction, or security threats. Coordination through County Emergency Managers Association Cupertino OES x Encourage the cooperation of utility system providers and cities, counties, and other special districts to develop strong and effective mitigation strategies for infrastructure systems and facilities. Santa Clara Valley Water District. San Jose Water, California Water, PG&E of 36 x Retrofit or replace critical lifeline facilities and/or their backup facilities that are shown to be vulnerable to damage in natural disasters Code NFR-a NFR-a 1) NFR-a 2) NFR-a 3) NFR-a 4) ~ - \ C""' ---.. nfrastructure Mitigation Strategies ~ - Responsible Agency or Ordinance or Resolution # Department (Required if (if existing program), Existing Program, Very High, Estimated Cost and High. or Under Study) Possible Funding Agency (if high priority), Estimated Date of Completion (if study) OR Other Comments 'C Q) ~ Q) 'C ëñ c o o - Q) >- - o Z ~ Q) o > afiS ~~ c.W eûi c.o c.o <C_ - 0 Oz Z oj J5 .~ ï5. c. <C Õ z >- 'C :J - U) ~ Q) 'C C ~ E ~ C) e D- C) c "" U> .¡¡¡ W Specific Mitigation Strategy Code Cupertino Community Development Santa Clara Valley Water District, San Jose Water, California Water, PG&E x x Calif. Transportation Commission & Metropolitan Transportation Commission 20f36 x Support and encourage efforts of other (lifeline) agencies as they plan for and arrange financing for seismic retrofits and other disaster mitigation strategies. (For example, a city might pass a resolution in support of a transit agency's retrofit program.) Plan for speeding the repair and functional restoration of lifeiine systems through stockpiling of shoring materials. temporary pumps, surface pipelines, portable hydrants, and other supplies. such as those available through the Water Agency Response Network (WARN). Engage in, support, and/or encourage research by others on measures to further strengthen transportation, water, sewer, and power systems so that they are less vulnerable to damage in disasters. 5) 6) NFR-a NFR-a 7) NFR-a r'ì T ('1\ - itigation Strategies Responsible Agency or Ordinance or Resolution # Department (Required if (if existing program), Existing Program. Very High. Estimated Cost and High, or Under Study) Possible Funding Agency (if high priority). Estimated Date of Compietion (if study) OR Other Comments nfrastructure M '0 i!! Q '0 ïñ " o o - Q >- - o Z ~ Q o > ~;¡ Q 0 m~ .,,- c.W etj c.o c.o <1:- - 0 Oz Z Q :is .~ 'ã. c. <I: - o z » '0 :::J - en ~ Q '0 " ::J E .<::: .<::: co .Q) C) D> J: J: e ~ ';, ~ " ., en 'x W Specific Mitigation Strategy Code City Hall/EOC generator needs to be replaced - requires upgrade to existing facility $300.000 Cupertino Service Center x City intersections complete, State intersections in rOQress Cupertino Public Works x Cupertino Public Works, Community Development, Parks & Recreation x Coordination through County Emergency Managers Association Cupertino OES 3 of 36 x Pre-position emergency power generation capacity (or have rental/lease agreements for these generators) in critical buildings of cities, counties, and special districts to maintain continuity of government services. Have back-up emergency power available for critical intersection traffic lights. Develop unused or new pedestrian rights-of-way as walkways to serve as additional evacuation routes (such as fire roads in park lands). Coordinate with PG&E and others to investigate ways of minimizing the likelihood that power interruptions will adversely impact vulnerable communities, such as the disabled and the elderl 8) NFR-a and 9) NFR-a 10) NFR-a 11 NFR-a J- - \ <:--J"" - nfrastructure Mitigation Strategies E .s:: .s:: ,g¡ >- ~ C1> 'C Responsible Agency or Ordinance or Resolution # '" '" 'C o > ~ ~ Ï Ï ~ :J 2-tš Department (Required if (if existing program). '" C1> - C1> e ~ 'C (J) .~ ~ 'C 0 ~ ïñ Existing Program. Very High, Estimated Cost and a. ~ ::¡¡ C1> o.UJ c: 'C 0_ 0 High, or Under Study) Possible Funding Agency (if '" c: ~ "' ü c: ::> 0.0 high priority), Estimated "" o.ü 4í "' ·x «- >- Date of Completion (if UJ Õ 0 - zZ 0 study) OR Other Comments z of :<5 .~ ã. 0. I « õ z x Cupertino Public Works 14.04.040 Muni Code I x Santa Clara Valley Water \ District I x Cupertino OES ,Coordination through County Emergency Managers Association x Santa Clara County Office of Multiple Casualty Incident Disaster Medical Services Plan 4 of 36 Encourage communication between State OES, FEMA, and utilities related to emergencies occurring outside of the Bay Area that can affect service delivery in the region. Ensure that transit operators, private ambulance companies, cities, and/or counties have mechanisms in place for medical transport during and after disasters that take into consideration the potential for reduced capabilities of roads following these same disasters. Specific Mitigation Strategy Encourage replacing aboveground electric and phone wires and other structures with underground facilities, and use the planning-approval process to ensure that all new phone and electrical utility lines are installed underground. Coordinate with the State Division of Safety of Dams to ensure an adequate timeline for the maintenance and inspection of dams, as required of dam owners by State law. 14) 15) 12) 13) Code NFR-a NFR-a NFR-a NFR-a ~ \ " - Ordinance or Resolution # (if existing program), Estimated Cost and Possible Funding Agency (if high priority), Estimated Date of Completion (if study) OR Other Comments itigation Strategies Responsible Agency or Department (Required if Existing Program, Very High High. or Under Study) '0 ~ C1> '0 .¡¡; c: o Ü - C1> >- Õ z ~ CI> o > ~ :¡::; C1> <J ~:jg a.w 0_ ~ IJ C.o c.ü <C_ - 0 oz Z C1> :is .~ ã. C. <C Õ Z nfrastructure M >- '0 :J - UJ ~ C1> '0 c: :::> E ~ '" o ~ a. '" c: ~ 'x w Specific Mitigation Strategy Code n conjuction with City of San Jose and Valley Transportation Authority Smart Corridor Project Cupertino Public Works x 16) Effectively utilize the Transportation Management Center (TMC). the staffing of which is provided by Caltrans, the CHP and MTC. The TMC is designed to maximize safety and efficiency throughout the highway system. It includes the Emergency Resource Center (ERC) which was created specifically for primary planning and procedural disaster management. NFR-a Cupertino Public Works Expected cost $500.000 Cupertino Public Works 36 5 of x x Upgrade Emergency Operations Center to include larger space, updated equipment and replacement of Emergency Generator to enhance emergency management capability for all hazards. Upgrade alternate Emergency Operations Center to include seismic retrofit, updated equipment and Emergency Generator to enhance emergency management capability all hazards. for 17) 18) NFR-a NFR-a ~ -- \ "" - nfrastructure Mitigation Strategies Responsible Agency or [I Ordinance or Resolution # Department (Required if (if existing program), Existing Program, Very High. Estimated Cost and High, or Under Study) Possible Funding Agency (if high priority), Estimated Date of Completion (if study) OR Other Comments 'C I!! Q) 'C ëñ c o ü ãJ >- - o Z ~ Q) o > aft3 ~~ o.W ~û) 0.0 o.ü «- - 0 Oz Z Q) j5 .~ ï5. 0. « Õ z ,., 'C :J - en ~ Q) 'C C ::¡ E ~ '" e 0.. '" c :¡:¡ II> 'x W Specific Mitigation Strategy Code Cupertino Public Works x INFR - b - Earthquakes Expedite the funding and retrofit of seismically-deficient city- and county- owned bridges and road structures by working with Caltrans and other appropriate governmental agencies. 1 NFR-b NFR-b x 2) Establish a higher priority for funding seismic retrofit of existing transportation and infrastructure systems (such as BART) than for expansion of those systems. NFR-b x 3) [Include "areas subject to high ground shaking, earthquake-induced ground Ifailure, and surface fault rupture" in the list of criteria used for determining a replacement schedule for pipelines (along with importance, age, type of construction material, size, condition. and maintenance or repair history). NFR-b 6 of 36 x nstall specially-engineered pipelines areas subject to faulting, liquefaction, earthquake-induced landsliding, or other earthquake hazard. in 4) NFR-b \""- -- \ C"'-r\ -- nfrastructure Mitigatio~ Strategies Responsible Agency or Ordinance or Resolution # Department (Required if (if existing program), Existing Program, Very High, Estimated Cost and High, or Under Study) Possible Funding Agency (if high priority), Estimated Date of Completion (if study) OR Other Comments 'C !!! OJ 'C ïñ c: o t) õJ >- Õ z ~ OJ o > cDt5 ~& 5.w ~ûJ Coo Cot) <C_ - 0 Oz Z OJ :c .~ ëi Co <C Õ Z x OJ » 1õ -g ~ - OJ en 'C ~ o OJ :2 'C c: ::J E ~ '" e 0- '" c: :p '" 'x w Specific Mitigation Strategy Replace or retrofit water-retention structures that are determined to be structurally deficient. 5) Code NFR-b Santa Clara Valley Water District. San Jose Water. California Water, PG&E x 6) Install portable facilities (such as hoses, pumps, emergency generators, or other equipment) to allow pipelines to bypass failure zones such as fault rupture areas, areas of liquefaction, and other ground failure areas (using a priority scheme if funds are not available for installation at all needed locations). NFR-b Cupertino Public Works, calj Trans Community Development Cupertino Municipal Code x 7) I Install earthquake-resistant connections when pipes enter and exit bridges, NFR-b 70f36 x 8)lcomPIY with all applicable buiiding and fire codes, as well as other regulations (such as state requirements for fault, landslide, and liquefaction investigations in particular mapped areas) when constructing or significantly remodeling 'nfrastructure facilities. NFR-b ~ '- \ ~ -- nfrastructure Mitigati0,!1 Strategies Responsible Agency or Ordinance or Resolution # Department (Required if (if existing program), Existing Program, Very High, Estimated Cost and High, or Under Study) Possible Funding Agency (if high priority), Estimated Date of Completion (if study) OR Other Comments '0 ~ ., '0 ëñ c: o o - ., >- õ z ~ ., o > -:¡::; ., <J T9~ c.LJ.J 0_ ~ IJ) 0.0 0.0 ~õ Oz Z oj :õ .~ Q. 0. « - o z E~~",.æ~ '" OJ::J ~J::fæû5 8' 1:' '8 Q; ~ Q) ::æ: "'0 a.. > c: g> ;:) "" IJ) 'x LJ.J Specific Mitigation Strategy Code Preparedness programs including CERT, Prep Workshops and staff training Cupertino OES x 9) I Clarify to workers in critical facilities and emergency personnel, as well as to elected officials and the public, the extent to which the facilities are expected to perform only at a life safety level (allowing for the safe evacuation of personnel) or are expected to remain functional following an earthquake NFR-b í x 8 of 36 10) I Examine the feasibility of developing a water-borne transportation "system" - :omprised mainly of relatively inexpensive barges - across the Bay for use in the event of major earthquakes. Implementation of such a system could prove extremely useful in the event of structural failure of either the road- bridge systems or BART and might serve as an adjunct to existing transportation system elements in the movement of large numbers of people and/or goods. NFR-b nfrastructure Mitigation Strategies c- - \ <:'^ -- Responsible Agency or Ordinance or Resolution # Department (Required if (if existing program), Existing Program, Very High, Estimated Cost and High. or Under Study) Possible Funding Agency (if high priority), Estimated Date of Completion (if study) OR Other Comments 'C ~ Q) 'C ïñ c o o - Q) >- - ° z ~ Q) ° > .sit! ,~ & c.UJ e- c.1n c.0 «0 ÕÕ ZZ oj :õ .~ ë. c. « Õ Z E "á ~ ~ .g ~J:i:Q;û5 OJ ~ "0..... o 1:..' 0 Q) ..... QJ :::æ: "C a. > c OJ :::> c "" In ·x UJ Specific Mitigation Strategy i I i I I I I I , I ! Code Cupertino Municipal Code Santa Clara County Fire Department x NFR - c - Wildfire Ensure a reliable source of water for fire suppression (meeting acceptabie standards for minimum volume and duration of flow) for existing and new development 1) NFR-c NFR-c Santa Clara County Fire Department, SJ Water, Cal Water x Develop a coordinated approach between fire jurisdictions and water supply agencies to identify needed improvements to the water distribution system, initially focusing on areas of highest wildfire hazard. 2) NFR-c Cupertino General Plan Santa Clara County Fire Department 90f36 x Develop a defensible space vegetation program that includes the clearing or thinning of (a) non-fire resistive vegetation within 30 feet of access and evacuation roads and routes to critical facilities, or (b) all non-native species (such as eucalyptus and pine, but not necessarily oaks) within 30 feet of access and evacuation roads and routes to critical facilities. 3) NFR-c C:) ~ "" - nfrastructure Mitigation Strategies Responsible Agency or Ordinance or Resolution # Department (Required if (if existing program), Existing Program, Very Higb, Estimated Cost and High, or Under Study) Possible Funding Agency (if high priority). Estimated Date of Completion (if study) OR Other Comments Santa Clara County Fire Cupertino Municipal Code Department, Cupertino Community Development Santa Clara County Fire Cupertino Municipal Code Department, Cupertino Community Development I Santa Clara County Fire Cupertino Municipal Code Department, Cupertino Community Development ire Cupertino Municipal Code 0 1ent ire 0 ent 'C ~ Q) 'C ïñ c: o () - Q) >- - o Z ~ Q) o > ~:¡:¡ OJ <> ~~ a.w 2û) a.o a.() "'- Õ 0 ZZ ai :c .~ ã. a. '" Õ Z E"ÉJ~J9.g '" .- .:r:- ~ - ~ I Q) (f) C>:=>. "C ~ o 1:...- 0 Q) '- Q) ::æ:"'C Il. > c: '" :::J c: "" <II 'x W Specific Mitigation Strategy Code x 4) Ensure ail dead-end segments of public roads in high hazard areas have at least a "T" intersection turn-around sufficien for typical wildland fire equipment. NFR-c x 5) I Enforce minimum road width of 20 feet with an additional 10-foot clearance on each shoulder on all driveways and road segments greater than 50 feet in ength in wildfire hazard areas. NFR-c x 6) Require that deveiopment in high fire hazard areas provide adequate access roads (with width and vertical clearance that meet the minimum standards of the Fire Code or relevant local ordinance). onsite fire protection systems, evacuation signage, and fire breaks. NFR-c x 7) I Ensure adequate fire equipment road or fire road access to developed and open 10 of 36 x s ace areas. 8) Maintain fire roads and/or public right-of-, way roads and keep them passable a all times. NFR-c NFR-c - <-i I ("'\ - Ordinance or Resolution # (if existing program). Estimated Cost and Possible Funding Agency (if high priority), Estimated Date of Completion (if study) OR Other Comments nfrastructure Mitigation Strategies ijJ Responsible Agency or ~ Department (Required if ïñ Existing Program, Very High c . 8 High, or Under Study) Q) >- - o Z ~ Q) o > ~ :¡:j Q) " ~& o.W 2ü> 0.0 o.ü «- - 0 Oz Z oj :is .~ ã. a. « Õ z >- "0 :J û5 ~ Q) "0 C ::> E .c: .c: m .~ C) 8' J: :ï: ~ ~ c.. Q) '" > c ., '" 'x W Specific Mitigation Strategy Code Master Storm Drain plan updated in 1995. Cupertino Public Works, Santa Clara Valley Water District x Cupertino Municipal Code 9.18 Storm Water Pollution Prevention & Water Shed Cupertino Pubiic Works, Santa Clara Valley Water District x NFR - d - Flooding Conduct a watershed analysis of runoff and drainage systems to predict areas of insufficient capacity in the storm drain and natural creek system, Develop procedures for performing a watershed analysis to look at the impact of development on flooding potential downstream, including communities outside of the jurisdiction of proposed project Condu 1) NFR-d NFR-d 2) NFR-d Work collaboratively with SCVWD on various projects. Santa C District Cupertino Public Works, Santa Clara Valley Water District Water lara Valley of 36 11 x x least once eve ears. Assist, support, and/or encourage the U.S. Army Corp of Engineers, various Flood Control and Water Conservation Districts. and other responsible agencies to locate and maintain funding for the development of flood control projects that have high cost-benefit ratios (such asthrough the writing of letters of support and/or passing resolutions in support of these efforts) 3) 4) NFR-d NFR-d itigation Strategies nfrastructure M ~ "'< \ ~ -- Ordinance or Resolution # (if existing program), Estimated Cost and Possible Funding Agency (if high priority), Estimated Date of Completion (if study) OR Other Comments CSC R&A has identified drainage project priorities but there is limited or no funding currently avaiiabie. PW maintenance scheduie, SCVWD as reports received Responsible Agency or Department (Required if Existing Program, Very High High, or Under Study) Cupertino Public Works Cupertino Public Works & Santa Clara Valiey Water District ." ~ '" ." ¡ñ c: o ü Qí >- - o Z ~ '" o .2: ~~ .- :s: o.UJ ~(¡) 0.0 o.ü <:- Õ 0 ZZ '" :õ .~ 0. 0. <: - o Z ,., E ~ ..r::: .æ "C '" .2' ~ ~ -(lJ=> t... :::r. ...... Q) g ~ "8 Cõ t... (I) ::::¡¡:"'C c.. > c: OJ ::;¡ c: "" '" 'x UJ x x Specific Mitigation Strategy Pursue funding for the design and construction of storm drainage projects to protect vulnerable properties, including property acquisitions, upstream storage such as detention basins, and channel widening with the associated right-of-way acquisitions, relocations, and environmental mitiQations. Continue to repair and make structural improvements to storm drains, pipelines, and/or channels to enable them to perform to their design capacity in handling water flows as part of regular maintenance activities. 5) 6) I I I I Code NFR-d NFR-d PW maintenance schedule, SCVWD as reports received Cupertino Public Works & Santa Clara Valiey Water District 20f36 x Continue maintenance efforts to storm drains and creeks free of obstructions, while retaining vegetation in the channel (as appropriate), to aliow for the free flow of water. keep 7) NFR-d CV\ c-i I r<' - Responsible Agency or Ordinance or Resolution # Department (Required if (if existing program), Existing Program, Very High, Estimated Cost and High. or Under Study) Possible Funding Agency (if high priority), Estimated Date of Completion (if study) OR Other Comments 'C ~ Q) 'C ïii c: o () ãí >- Õ z ~ Q) o > ai~ ~~ o.W eû) 0.0 o.() «~ ~ 0 Oz z ai :0 .~ ã. 0. « Õ z E~-s..æ~ t» ..... ('Q :J ~ :E £ ã> èñ C) -=-- "'0 L- a~. 0 Q) L... Q) ~"'O c.. > c: '" :J c: :m 'x W Specific Mitigation Strategy Code Cupertino Municipal Code 9.18 Storm Water Pollution Prevention & Water Shed Cupertino Public Works, Santa Clara Valley Water District Water Santa Clara Valley District x x Enforce provisions under creek protection, stormwater management, and discharge control ordinances designed to keep watercourses free of obstructions and to protect drainage facilities to confirm with the Regional Water Quality Control Board's Best Management Practices. Develop an approach and locations for various watercourse bank protection strategies, including for example, (1) an assessment of banks to inventory areas that appear prone to failure, (2) bank stabilization, including installation of rip rap. (3) stream bed depth management using dredging, and (4) removal of out- of-date coffer dams in rivers and tributary streams. 8) 9) NFR-d NFR-d Water Santa Clara Valley District x Calabazas Creek a Bollinger Rd. planned project Cupertino Public Works. Santa Clara Valley Water District 13 of 36 x Use reservoir sediment removal as one way to increase storage for both flood control and water supply. Elevate critical bridges/roadways affected by flooding to increase stream flow and maintain critical access and eQress routes. 10) NFR-d 11 NFR-d .::J- \'-\ \ '"' '-- nfrastructure Mitigation Strategies 1J Responsible Agency or ¡Ordinance or Resolution # ~ Department (Required if I (if existing program), .:?! Existing Program, Very High, Estimated Cost and 8 High, or Under Study) Possible Funding Agency (if Q) high priority). Estimated >- Date of Compietion (if ~ study) OR Other Comments ~ cu o > þ~ cu u - cu .!!!~ :s.w 0_ ~ "' C.o c.o «- -0 oz Z cu :õ .~ 'ã. C. « - o Z x E.c.-s.B~ C) "'. m ::¡ co .- :.,.. ¡;: .... L... :r. ".¡... Q) en en ~ '0 t- o [,.. 0 IV '- Q) ::::!:"C a. > c: g> ::> :¡::¡ "' ·x w Specific Mitigation Strategy Code 12) Provide a mechanism to expedite the repair or replacement of levees that are vulnerable to collapse from earthquake- induced shaking or liquefaction, rodents, and other concerns, particularly those protecting critical infrastructure. NFR-d Cupertino Municipal Code .~ 16.52 Floodway Restriction Cuperitno Community Development x 13) Ensure that utility systems in new developments are constructed in ways that reduce or eliminate flood damage. NFR-d Cupt Sanitary District x Work cooperatively with agencies on various projects. Water Santa Clara Valley District 40f36 x Determine whether or not wastewater treatment plants are protected from floods, and if not, investigate the use of flood-control berms to not only protect from stream or river flooding, but also increasing plant security. Work cooperatively with water agencies, flood control districts. Caltrans, and local transportation agencies to determine appropriate performance criteria for watershed analysis. 14) NFR-d 15) NFR-d \--:, r'{ ) <""' --- itigation Strategies Responsible Agency or ¡Ordinance or Resolution # Department (Required if I (if existing program), Existing Program, Very High.1 Estimated Cost and High. or Under Study) Possible Funding Agency (if high priority), Estimated Date of Completion (if study) OR Other Comments Cupertino Public Works, Santa Clara Valley Water District,Cupertino OES Work cooperatively with agencies on various projects & participate in Santa Clara County Emergency Managers AssociatiQQ__, nfrastructure M x ~ OJ 'C ïñ c: o () Qí >- Õ z ~ OJ o > -:¡:¡ OJ " ~~ Ì5..w eû) c.o c.() "'- - 0 oz Z oi :õ .~ a. c. '" - o Z E"á"áJY-g' m .- 0.;: ~ _ '- J: ...L.. Q) (f) g ~ -g w .... Q) ~"'C a. > c: 0> => c: ~ 'x w Code Specific Mitigation Strategy NFR-d I 16) Work for better cooperation among the patchwork of agencies managing flood control issues '~Santa Clara Valley Water District x 17) Work cooperatively with upstream communities to monitor creek and watercourse flows to predict potential for flooding downstream. NFR-d 15 of 36 x NFR - e - Landslides nclude "areas subject to ground failure" in the list of criteria used for determining a replacement schedule (along with importance. age, type of construction material, size. condition, and maintenance or repair history) for pipelines. 1) NFR-e NFR-e nfrastructure Mitigation Strategies ~ - ~ - --..s ~ \ h -- Responsible Agency or Ordinance or Resolution # Department (Required if (if existing program), Existing Program, Very High, Estimated Cost and High, or Under Study) Possible Funding Agency (if high priority), Estimated Date of Completion (if study) OR Other Comments '0 ~ Q) '0 ëñ " o Ü - Q) >- - o Z ¡r¡ ~ Q) o .2: afõ ~& o.W 0_ ~ II> 0.0 o.ü «- - 0 Oz Z Q) :0 '" ,\1 ë. 0. « Õ z » '0 ::J û5 ~ Q) '0 " ::> E ~ C) e c.. C) " ., II> .;¡ W Specific Mitigation Strategy Code Cupertino Municipal Code 19.40 Residential Hilside Zones Cupertino Community Development 16 of 36 x 2) Establish requirements in zoning ordinances to address hillside development constraints in areas of steep slopes that are likely to lead to excessive road maintenance or where roads will be difficult to maintain during winter storms due to landsliding NFR-e r- r--( \ ("""\ - Responsible Agency or Ordinance or Resolution # Department (Required if (if existing program). Existing Program. Very High, Estimated Cost and High, or Under Study) Possible Funding Agency (if high priority), Estimated Date of Completion (if study) OR Other Comments " ~ Q " ïñ c: o ü Q) >- Õ z ~ Q o > -+:; Q () :N~ 5.W eû) 0.0 o.ü <1:- - 0 Oz Z of ~ ã. 0. <I: Õ z >. " " èi5 ~ Q " c: :::> E .c: .c: co .~ C» C» :I: :f e c:- o.. Q Q) > c: "" <J> 'x W Specific Mitigation Strategy City agreement with private company for inspections Cupertino General Plan Cupertino General Plan Cupertino OES & Public Information Officer 17 of 36 Provide materials to the public related tol x family and personal planning for delays due to traffic or road closures Code NFR-f NFR-f 1 NFR-g NFR-g 1) NFR-g 2) Community Development Cupertino OES, Public nformation Officer & PG&E x x related to NFR - f - Building Reoccupancy Ensure that critical buildings owned or leased by special districts or private utility companies participate in a program similar to San Francisco's Building Occupancy Resumption Program (BORP). The BORP program permits owners of buildings to hire qualified structural engineers[1] to create facility-specific post-disaster inspection plans and allows these engineers to become automatically deputized as City/County inspectors for these buildings in the event of an earthquake or other disaster. This program allows rapid reoccupancy of the buildings, Note - A qualified structural engineer is a California licensed structural engineer with røIQ\J:lnt Avnøriøn,..ø INFR - g - Public Education Provide materials to the public planning for power outages. ~ \ ("'\ -- Ordinance or Resolution # (if existing program). Estimated Cost and Possible Funding Agency (if high priority), Estimated Date of Completion (if study) OR Other Comments nfrastructure Mitigation Strategies :m - Responsible Agency or Department (Required if Existing Program, Very High High, or Under Study) '0 Q) ~ Q) '0 ëñ c: o ü ãi >- Õ z ~ Q) o > .gfts .!!! tê 2i.w ~û) 0.0 o.ü «- - 0 Oz Z oj :¡¡ .~ C. 0. « - o z >. '0 ::J - en ~ Q) '0 c: ~ E .c: .c: m .Q) CD t» :I: J: e ~ a. Q) C) > c: :;0 en 'x W Specific Mitigation Strategy Code Cupertino General Plan Cupertino OES & Public nformation Officer x 3) Provide materials to the public related to coping with reductions in water supply or contamination of that supply. NFR-g Cupertino General Pian Cupertino General Plan Cupertino OES & Public nformation Officer Cupertino OES & Public nformation Officer 180f36 x x Provide materials to the public related to coping with disrupted storm drains. sewage lines. and wastewater treatment. Facilitate and/or coordinate the distribution of materials that are prepared by others, such as by placing materia is in city or utility newsletters, or on community access channels, as appropriate. 4) 5) NFR-g NFR-g ~ ~ \ c-'> -- Health M Ordinance or Resolution # (if existing program). Estimated Cost and Possible Funding Agency (if high priority), Estimated Date of Completion (if study) OR Other Comments E -§, -§, 2 iJ Õ Õ ~ ãí ijJ Responsible Agency or ~ £ £ ~ ~ z_::: ij ~ ~ Department (Required if e ~ "8 ~ ~ 0_ ~ Z ïñ Existing Program, Very a.. Q) -=: Cl) ro Q) W c: . . C> > '"" -g J1]¡ 1;; 8 High. High. or Under ,§ :;¡ 0. a. 0 Study) If) Q.ou .- « 10- x _ 0. W 00. z« Specific Mitigation Strategy x HEAL - a - Hospitals and Other Critical Health Care Facilities Work with critical health care facilities operators to . ensure that critical facilities are structurally sound and have nonstructural systems designed to remain functional following disasters (as required for acute-care hospitals for earthquakes by State aw) x Encourage hospitals to work with the California Office of Statewide Health Planning and Development (OSHPD) to formalize arrangements with structural engineers to report to the hospital, assess damage, and determine if the buildings can be reoccupied. The program should be similar to San Francisco's Building Occupancy Resumption Program (BORP) that permits owners of buildings to hire qualified structural engineers to create building-specific post-disaster inspection plans and allows these engineers to become automatically deputized as inspectors for these buildings in the event of an earthquake or other disaster OSHPD, rather than city/county building departments, has the authority and responsibility for the structural integrity of hospital structures. x of5 1 Ensure health care facilities are adequately prepared to care for victims with respiratory problems related to smoke and/or particulate matter inhalation Color COCI HEAL-a HEAL' 1) I HEAL 2) HEAL 3) Health M Ç) M \ ("'\ Ordinance or Resolution # (if existing program), Estimated Cost and Possible Funding Agency (if high priority), Estimated Date of Completion (if study) OR Other Comments Cupertino OES, Cupertino Medical Center .¡;- õ õ g! ã) '2 Responsible Agency or ::J Z Z .- >- L- en- - ~ t5 - OJ Department (Required if Q)QQ)O:!2 .. ID :D - <l=UJ Z UJ EXisting Program, Very ro Q) C . . -g ,g]! ¡¡¡ 8 High, High. or Under :::> c. a. 0 Study) c'oü « ~ _c. oc. Z« x E ..c J:: Q) (t .2> C) ..... æ :I: i: ~ e ~ ~ 0.. OJ 0 ",> :2 ,!; ¡¡¡ ·x UJ x Specific Mitigation Strategy Color Cael HEALI4) Ensure these health care facilities have the capacity to shut off outside air and be self- , contained. HEALI 5) Ensure that hospitals and other major health care facilities have auxiliary water and power sources. , Cupertino OES, Cupertino Medical Center x x x 2 of 5 x Work with health care facilities to institute isolation capacity should a need for them arise following a communicable disease epidemic. Develop printed materials, utilize existing materials (such as developed by FEMA and the American Red Cross), conduct workshops, and/or provide outreach encouraging employees of these critical health care facilities to have family disaster plans and conduct mitigation activities in their own homes. HEAL - b - Ancillary Health-Related Facilities Work with State of California licensing agencies to identify these ancillary facilities in your community HEALl6) HEAL! 7) HEAL-b HEAL! 1 Encourage these facility operators to develop disaster mitigation plans, HEALl2 - c-n \ ~ - Ordinance or Resolution # (if existing program), Estimated Cost and Possible Funding Agency (if high priority), Estimated Date of Completion (if study) OR Other Comments Health Mitigation Strategies -g, -g, J!J -ð' õ õ ~ ãí a¡ Responsible Agency or :E :E ~ .3 z_:: t5 ~ Q; Department (Required if ~ '8 C[!, ~ o_:ê ~ ~ Existing Program, Very Q) ""'== Q) ro Q) We. . > "'" -g g:ffi û) 8 High, High, or Under ::> 8: 5. 8 Study) « e _0. o 0. z« E ~ 01 e (L 01 <:: '" '" 'x w Specific Mitigation Strategy Color Co\ Clinic has MOU with Cupertino Amateur Radio Emergency Service, Member of Medical Reserve Corps Participation on County Mass Prophylaxis Committee Cupertino OES Cupertino OES x x HEAL! 3) Encourage these facility operators to create, maintain. and/or continue partnerships with local governments to develop response and recovery plans. HEAL - c - Interface with National and State Health Designate locations for the distribution of antibiotics to large numbers of people should the need arise, as required to be included in each county's Strategic National Stockpile Plan HEAL-c HEALl1 San Jose Office of Emergency Services. San Jose Fire Department x HEAL! 2) Ensure that you know the Metropolitan Medical Response System (MMRS) cities in your area For example, Oakland and Fremont are the MMRS cities in Alameda County. MMRS cities are those cities that are provided with additional federal funds for organizing, equipping, and training groups of local fire, rescue, medical, and other emergency management personnel. Federal asset that must be requested via government office. x 30f5 HEAL! 3) Know if any National Disaster Medical System (NDMS) uniformed or non-uniformed personnel are within one-to-four hours of your community, These federal resources include veterinary, mortua and medical personnel. ~ ç-t") \ ('!'\ -- Ordinance or Resolution (if existing program), Estimated Cost and Possible Funding Agency (if high priority). Estimated Date of Completion (if study) OR Other Comments # Health Mitigation Strategies E -§, -§, 2 ?ì õ õ ~ ãí a¡ Responsible Agency or !5, j; j; ~ ¡¡j z. ~ t5 ::: Q; Department (Required if e ~ '8 ~ ~ o. & ;'it ~ Existing Program, Very Q. Q) "I::: QJ ro Q) W s:::: . . 0> > ~ -g g 12 ¡¡; 8 High. High, or Under ,g :J 0. 5. 0 Study) (/) o..oü .- « \0- x _ 0. W 00. z« Specific Mitigation Strategy L.~ Color Coq HEALl4) Santa Clara County Public Health Department x Plan to utilize the State of California Department of Health Services laboratory in Richmond for confirmation of biological agents and Department of Defense laboratories in Berkeley (Lawrence Berkeley National Laboratory) or Livermore (Lawrence Livermore National Laboratory and Sandia) for confirmation of radiological agents. Santa Clara County Public Health Department x HEAL - d - Environmental Health Create discussion forums for food and health personnel, including. for example, medical professionals, veterinarians, and plant pathologists. to develop safety. security, and response strategies for food supply contamination HEAL-d HEALl1 San Jose Office of Emergency Services. Cupertino OES, Santa Clara County Fire Departmen 40f5 I x HEAL! 2) ITrain appropriate personnel to understand the Metropolitan Medical Response System (MMRS cities in your area. For example, Oakland and Fremont are the MMRS cities in Alameda County MMRS cities are those cities that are provided with additional federal funds for organizing, equipping, and training groups of local fire, rescue, medical, and other emergency manaqeme ersonnel. C""'\ C""\ \ (""'\ - Ordinance or Resolution # (if existing program), Estimated Cost and Possible Funding Agency (if high priority), Estimated Date of Completion (if study) OR Other Comments .¡;;- õ õ ~ (¡) ij] Responsible Agency or :::s zz·_)-. I... û5 - ~ t3 - ~ Department (Required if ,"02°,_ E·t' P V (¡; :c - UJ- Z VI XIS mg rogram, ery ro Q.) c: . . -g g]! ¡¡; 8 High, High, or Under :::¡ "- 0. ° Study) "-ou « ~ -"- ° "- z« Health M E .c .c ro .2> .2> Ì5> I J: e C:- D- ~ CJ <:: '" VI ·x UJ Specific Mitigation Strategy u--- Color Co(1 Federal asset that must be requested via government office. Included in EOC Resource Manual Publici Cupertino OES Santa Clara County Health Department 50f5 x x Train appropriate personnel to know if any National Disaster Medical System (NOMS) uniformed or non-uniformed personnel are within one-to-four hours of your community. These federal resources include veterinary. mortuary, and medical personnel. Train appropriate personnel to know to utilize the State of California Department of Health Services laboratory in Richmond for confirmation of biological agents and Department of Defense laboratories in Berkeley (Lawrence Berkeley National Laboratory) or Livermore (Lawrence Livermore National Laboratory and Sandia) for confirmation of radiolo£¡ical a£¡ents HEAL 3) I I 1 H~ ~ "" \ M - Ordinance or Resolution # (if existing program), Esti mated Cost and Possible Funding Agency (if high priority), Estimated Date of Completion (if study) OR Other Comments Responsible Agency or Department (Required if Existing Program, Very High. High, or Under Study) '0 ~ Q) '0 '00 c: o Ü Q¡ >- õ Z --Q) Q) ~ 0 fI) > E.r:..c.""-czo._ O>.2>m::J Üõ m .- I I... .... _ Q) ::»I ~cn~õ~ o ~ 0 (j) ~ZUJ ~>Q) :E-co.... J..L.. c: :.= 0 0> ::> 0. ~ c: a.Q) :.¡::¡ «10 If) ......_ 'x 0 a. ill Zo ~ a. a. « Specific Mitigation Strategy x HSNG - a - Multi-Hazard Be aware of past problems of inadequate hazard disclosure and work with real estate agents to improve enforcement of real estate disclosure requirements for those hazards covered by this plan. for example, by making those agents and the disclosure firms aware of the hazard maps incorporated in this plan and available on the ABAG web site at htto://auake.aba, ocally developed x as I Homes VUlnerable to Earthquakes aswel maps. Create incentives for owners of historic or architecturally significant residential buildings to undertake mitigation to levels that will minimize the likelihood that these buildings will need to be demolished after a disaster, particularly if those alterations conform to the federal Secretary of the Interior's Guidelines for Rehabilitation, HSNG - b - Sin Color Code HSNG-a HSNG 1) HSNG 2) 9 of HSNG-b Housln~ Mitigation Strategies \n M \ ('f"'. - Ordinance or Resolution # (if existing program). Esti mated Cost and Possible Funding Agency (if high priority), Estimated Date of Completion (if study) OR Other Comments E '§, '§, $ .iJ õ t) ~ -g Responsible Agency or ~ I I ~ f,! z_ 8 t5 Q; Department (Required if 0:>' "C Vol Q)... Q.):U .. V ~ '- 0 ~ :ã o:t= ¡¡; EXisting Program, ery Q.Q.J -=:Q)rozwc: g> > "" -g g (; 8 High, High, or Under .- ::> a. _ _ Study en a. (l Q) ·x «m >- w õ·~ õ Z a. Z e a. a. « Cupertino Community California Building Code Development with Structurai amendments Cupertino Community Caiifornia Building Code Development with Structural amendments Cupertino Community California Building Code Development with Structural amendments Cupertino Community Development x Utilize or recommend adoption of a retrofit standard that includes standard plan sets and construction details for voluntary bolting of homes to their foundations and bracing of outside walls of crawl spaces ("cripple" walls), such as that being developed by a committee representing the East Bay-Peninsula-Monterey Chapters of the International Code Council (ICC), California Building Officials (CALBO). the Structural Engineers Association of Northern California (SEAONC), the Northern California Chapter of the Earthquake Engineering Research Institute (EER NC), and ABAG's Earthquake Program, x x 9 2 of X Encourage local government building inspectors to take classes on a periodic basis (such as the FEMA-developed training classes offered by ABAG) on retrofitting of single-family homes, Color Code HSNG 1) HSNG 2) HSNG 3) HSNG 4) Specific Mitigation Strategy Require engineered plan sets for retrofitting of heavy two-story homes with living areas over garages, as well as for split level homes, until standard plan sets and construction details become available, Require engineered plan sets for retrofitting of homes on steep hillsides, .......s> M \ t""' - Ordinance or Resolution # (if existing program), Estimated Cost and Possible Funding Agency (if high priority), Estimated Date of Completion (if study) OR Other Comments E '§, '§, 2 iJ Õ 1ñ ~ aJ Responsible Agency or ~ J: J: ~ $ Z_ 8 t5 ~ Department (Required if e 1:' -g ~ ~ õ:& ëñ Existing Program, Very Q..w:2;QJrozwc: g> > -g ,g (; 8 High, High, or Under .- :J a. _ _ Study) 1ï) a. ,Q.) Q) 'x « rn >- W Õ ï:: Õ z§- z ~ a. a. « Specific Mitigation Strategy x Encourage private retrofit contractors and home inspectors doing work in your area to take retrofit classes on a periodic basis(such as the FEMA- developed training classes offered by ABAG) on retrofitting of single-family homes. x Conduct demonstration projects on common existing housing types demonstrating structural and nonstructural mitigation techniques as community models for earthquake mitigation , x Cost prohibitive Establish tool-lending iibraries with common tools x needed for retrofitting for use by homeowners with appropriate training. ~ Provide financial incentives to owners of I' x I applicable homes to retrofit. HSNG - c - Soft-Story Multifamily Residential Structures Vulnerable to Earthquakes Require engineered plan sets for voluntary or x mandatory soft-story retrofits until a standard plan set and construction details become available classes or workshops for Provide retrofit homeowners. State Adopted with 2001 Amendments Cupertino Community Development 3 of 19 x Adopt the 2003 International Existing Building Code, the 1997 UBC, or the latest applicable code standard for the design of voluntary or mandatory SOft-stOl bu retrofits Color Code HSNG 5) HSNG 6) HSNG 7) HSNG 8) ! , HSNG! 9) HSNG-c HSNG 1) HSNG 2) r- ~ \ ('l'\ - Ordinance or Resolution # (if existing program), Estimated Cost and Possible Funding Agency (if high priority), Estimated Date of Completion (if study) OR Other Comments Housm~ Mitigation Strategies Responsible Agency or Department (Required if Existing Program, Very High, High, or Under Study E ~ ..c Q) >-.............. ro ._ 0) ro "0 0 fJ) g! "C ó> :I: J: I- .a Züo~ 2:! o "" Q) (J) - 0 Q) I- 1:..- ""C <V ..... <V "C Q.Q) OI...:C°~·- 0» ::;;~",zUJê c: c: .2 I- 0 :.;::::¡ :J"'ã.0 Ü .~ a. ai ....... x « ..... OJ W ........~ >- o ~ - Z a. 0 e z a. a. ~ Specific Mitigation Strategy Unknown Estimate FEMA Pre-Disaster Mitigation Funding Cupertino Community Development x Work to educate condominium and apartment owners, local government staff, engineers, and contractors on soft-story retrofit procedures and incentives using materials such as those developed by ABAG (see htto://auake.abafl.c, ov/fixit San Jose, Prepared by San Jose State Estimate $15,000 FEMA Pre-Disaster Mitigation Funding Estimate $15,000 FEMA Pre-Disaster Mitigation Funding Unknown Estimate FEMA Pre-Disaster Mitigation Funding San Jose State University x the City of Conduct an inventory of existing or suspected soft, story residential structures. x Use the soft-story inventory to require owners to inform all existing tenants that they live in this type of building and the standard to which it may have been retrofitted. as well as require owners to inform tenants that they will live in this type of building prior to signing a lease x Use the soft-story inventory to require owners to inform all existing tenants that they should be prepared to live elsewhere following an earthquake if the building has not been retrofitted x 4 of 19 and nvestigate and adopt appropriate financial procedural, and land use incentives for owners of soft-story buildings to facilitate retrofit such as those developed by ABAG (see htto://auake.abafl. ca.flov/fixit) Color Code HSNG 3) -- HSNG 4) -- HSNG 5) HSNG 6) HSNG 7) ~ \I \ ('<"'\ - Ordinance or Resolution # (if existing program). Estimated Cost and Possible Funding Agency (if high priority), Estimated Date of Completion (if study) OR Other Comments ¡¡¡ Responsible Agency or Q; Department (Required if '0 ëñ Existing Program, Very c 8 High, High, or Under Q) Study) >- ë Z Q) >- Õ 1ï) g! E.c.r::.+-,"'Ozo._ (t .2> .21 ~ 2 _ ü 1:5 L... J: :J: Q) (f) Q)__~ C> "'0 -D_ e ~ 0 (¡j ~zw ~ >0) ::E"'O 0 '- u.. C == 0 0> ::10._ C a.Q) ''¡::; « 10 .~ ..... 1:::: x 0 a. W Zo ~ a. a. <{ Specific Mitigation Strategy Unknown Estimate FEMA Pre-Disaster Mitigation Funding x Explore development of local ordinances or State regulations to require or encourage owners of soft story structures to strengthen them. Cupertino Community Development No URMs In the City No URMs in the City No URMs in the City x Provide technical assistance in seismically strengthening soft-story structures. x HSNG - d - Unreinforced Masonry Housing Stock Continue to actively implement existing State law that requires cities and counties to maintain lists of the addresses of unreinforced masonry buildings and inform property owners that they own this type of hazardous structure x x 9 5 of Accelerate retrofitting of unreinforced masonry structures that have not been retrofitted, for example, by (a) actively working with owners to obtain structural analyses of their buildings, (b) helping owners obtain retrofit funding. (c) adopting a mandatory versus voluntary, retrofit program, and/or (d) applying penalties to owners who show inadequate efforts to upgrade these buildings. Require owners to inform all existing tenants that they live in this type of building and the standard to which it may have been retrofitted, as well as require owners to inform tenants that they will live in this type of building prior to signing a lease Color Code HSNG 8) HSNG 9) HSNG-d HSNG 1) HSNG 2) I I i HSNG! 3) i I <3"- ('f) \ C'" --- Ordinance or Resolution # (if existing program), Estimated Cost and Possible Funding Agency (if high priority), Estimated Date of Completion (if study) OR Other Comments Housm~ Mitigation Strategies Responsible Agency or Department (Required if Existing Program, Very High, High, or Under Study '0 ~ Q) '0 ëñ <:: o Ü Q; >- - o Z >-. Õ 1;) g! EJ::'c2"'CZQ:¡:¡ 0>.!2>~.a Uo ~ J: I Q.) (/) ~õ& g~ "8a;-gzw a.~Q.J :2""00'-0 > <:: = en => c.. _ <:: a. Q) :¡::¡ <15 .!:Q õ ï:: x Z a. W e a. a. « Specific Mitigation Strategy major earthquakes. i HSNG - e - Other Privately-Owned Structurally Suspicious Residential Identify and work toward tying down mobile homes used as year-round permanent residences using an appropriate cost-sharing basis (for example. 75% grant, 25% owner). Inventory non-ductile concrete, tilt-up concrete, and other privately-owned structurally suspicious residential buildings. No URMs in the City No mobile homes in the city x Buildings and Earthquakes I x Occupancy Database, Change of Use Analysis Cupertino Community Development x Cupertino Municipal Code Cupertino Community Development x Adopt the 2003 International Existing Building Code, the 1997 UBC, or the latest applicable code standard for the design of voluntary or mandatory retrofit of seismically vulnerable buildings Color Code HSNG 4) HSNG-e HSNG 1) HSNG 2) HSNG 3) Require owners to inform all existing tenants that they should be prepared to live elsewhere following an earthquake even if the building has been retrofitted, for it has probably been retrofitted to a life-safety standard, not to a standard that will allow occupancy following Unknown Estimate FEMA Pre-Disaster Mitigation Funding Cupertino Community Development 9 6 of x 4)IAdoPt one or more of the following strategies as incentives to encourage retrofitting of privateiy- ¡owned structurally residential buildings: (a) Iwaivers or reductions of permit fees, (b) below- market loans, (c) local tax breaks, (d) grants to cover the cost of retrofitting or of a structural analysis. (e) land use and procedural incentives or (I) technical assistance. HSNG - f - New Construction and Earthquakes HSNG HSNG-f <;::) :J-- \ M - Ordinance or Resolution # (if existing program), Estimated Cost and Possible Funding Agency (if high priority), Estimated Date of Completion (if study) OR Other Comments Housm~ Mitigation Strategies E "§, "§, .$ .¡;- Õ 1ií ~ aJ Responsible Agency or ¡;, I I ~ Æ z_ 8 t5 ~ Department (Required if e i::' '8 ~ ~ õ & ëñ Existing Program, Very 0.. Q "" Q Z UJ c g> > "'" -g ,g (; 8 High, High, or Under .- ::;¡ "-. - Study t5 Cl.Q) Q) 'x « 10 >- w õ'¡:: õ z"- Z e "- "- <I: Specific Mitigation Strategy Cupertino Municipal Code Cupertino Community Development x require that all new housing be in compliance with structural requirements of the most recently adopted version of the California Building Code, Continue to constructed Weekly meetings Cupertino Municipal Code, Cupertino General Plan Cupertino Community Development Santa Clara County Fire Department, Cupertino Code Enforcement 9 7 of x x Conduct appropriate employee training and support continued education to ensure enforcement of building codes and construction standards, as well as identification of typical design inadequacies of housing and recommended improvements. HSNG - g - Wildfire and Structural Fires Increase efforts to reduce hazards in existing development in high wildfire hazard areas (identified as wildland-urban-interface fire- threatened communities or in areas exposed to high-to-extreme fire threat) through improving engineering design and vegetation management for mitigation, appropriate code enforcement, and public education on defensible space mitigation strateqies, Color Code HSNG 1) HSNG 2) HSNG-g HSNG 1 - y I r"\ - Ordinance or Resolution # (if existing program), Estimated Cost and Possible Funding Agency (if high priority), Estimated Date of Completion (if study) OR Other Comments E '§, '§, 2 i)' õ"1ij i1! ðJ Responsible Agency or !5, I I ~ .3 z_ 8 1'5 (¡; Department (Required if 0"" 'tJcnQ)~Q)'tJE"P V ~ '-' 0 ~ :c 0 >I" ïñ xlstmg rogram, ery a. cD 00::::: OJ rozw c: . . g> > "" -g g (; 8 High, High, or Under "" ::J§:_ ~ Study UJ Q) Q) 'x « ro >- W Õ ï:: Õ zc. Z e c. c. « Specific Mitigation Strategy Cupertino Municipal Code, Cupertino General Plan Santa Clara County Fire Department, Cupertino Code Enforcement x Tie public education on defensible space and a comprehensive defensible space ordinance to a field program of enforcement. Cupertino Municipal Code, Cupertino General Plan Santa Clara County Fire Department, Cupertino Community Development x x Require that new homes in wildland-urban- interface fire-threatened communities or in areas exposed to high-to-extreme fire threat be constructed of fire-resistant building materials (including roofing and exterior walls) and incorporate fire-resistant design features (such as minimal use of eaves, internal corners, and open first fioors) to increase structural survivability and reduce ignitability, Note - See Structural Fire Prevention Field Guide for Mitigation of Wildfires at http://osfm.fire.ca.gov/structural,html, x 8 of 19 Develop financial incentives for homeowners to be "model" defensible space homes in neighborhoods that are wildland-urban- interface fire-threatened communities or in areas exposed to high-to-extreme fire threat. Consider fire safety, evacuation, and emergency vehicle access when reviewing proposals to add secondary units or additional residential units in wildland-urban- interface fire-threatened communities or in areas exposed to high-to- extreme fire threat. i Color Code HSNGI 2) I ! HSNG 3) HSNG 4) HSNG 5) ~ ~ C""\ - Ordinance or Resolution # (if existing program). Estimated Cost and Possible Funding Agency (if high priority), Estimated Date of Completion (if study) OR Other Comments Responsible Agency or Department (Required if Existing Program, Very High. High. or Under Study) >- -- "'0 0 (f) g! "'0 .a zoo+=, ~ OOai OQ) ~ :cõ& ;g ~ roZW ~ c: .~ L.. 0 ::> c..0 Ü a. ai ..... «- Q) ..... .!2 >- o ~ - Z a. 0 e z a. a. « E .s:: .s:: ro .2' C> .m i:ñ J: :i: ~ e ~ ~ a. Q) 0 '" > ::;: .!: 1ñ 'x w -~-~. .~------- Specific Mitigation Strategy Code Color Santa Clara County Fire Based on mandate, Code Department. Cupertino cycles and Fire Dept Community Development coordination x 6) Adopt and/or amend. as needed, updated versions of the California Building and Fire Codes so that optimal fire-protection standards are used in construction and renovation projects. HSNG Cupertino Municipal Code, Cupertino General Plan Cupertino Community Development x Create a mechanism to enforce provisions of the California Building and Fire Codes and local housing codes that require the installation of smoke detectors and/or fire-extinguishing systems by making installation a condition of (a) finalizing a permit for any work on existing properties valued at over a fixed amount, such as $500 or $1000, and/or (b) a condition for the transfer of property if these changes are determined cost-effective strategies, Coordination with Fire Department, Residents and Water Companies Cupertino General Plan Cupertino General Plan. Cupertino Municipal Code County Fire Santa Clara Department x Santa Clara County Fire Department, Cupertino Community Development. Mid Peninsula Regional Open Space District, County Parks Department x 9 of 19 Work to ensure a reliable source of water for fire suppression in rural-residential areas through the cooperative efforts of water districts. fire districts, and residents, Expand vegetation management programs in wildland-urban- interface fire-threatened communities or in areas exposed to high-to- extreme fire threat to more effectively manage the fuel load through roadside collection and chipping. mechanical fuel reduction equipment. selected harvesting, use of goats or other organic methods of fuel reduction, and selected use of controlled burnin£l HSNG 7) HSNG 8) HSNG, 9) Housm~ Mitigation Strategies N'\ ::;- I (""\ - Ordinance or Resolution # (if existing program). Estimated Cost and Possible Funding Agency (if high priority), Estimated Date of Completion (if study) OR Other Comments i;' õ (ñ ~ a¡ Responsible Agency or ~ z. 8 15 Q; Department (Required if Q; ~ ~ æ ~ Existing Program, Very -g g 0 8 High. High, or Under ::J §:. ~ Study « Q) Q) ro >- Õ ï:: Õ zo. Z e 0. 0. « x Promote the installation of early warning fire alarm systems in homes wildland-urban-interface fire-threatened communities or in areas exposed to high-to-extreme fire threat connected to fire department communication systems. Cupertino General Plan. Cupertino Municipal Code Cupertino Code Enforcement Santa Clara County Fire Department x x Establish a Fire Hazard Abatement District to fund, I reduction n fire risk of existing properties through I management that includes reduction ofl use of defensible space, and fue I vegetation fuei loads, breaks, to Work with residents in rural-residential areas ensure adequate access and evacuation in wildland-urban- interface fire-threatened to high-to- Cupertino General Plan Cupertino Community Development x communities or In areas exposed extreme fire threat. Require fire sprinklers in new homes located more than 1,5 miles or a 5-minute response time from a fire station or in an identified high hazard wildland-urban-interface wildfire area Required for new development Cupertino Community Development x 10 of 19 E .<:: .<:: co ,2J en .æ c>J:I~ e ~ ~ c.. Q) 0 en > :¡; .!: (ñ 'x w Specific Mitigation Strategy x Require fire sprinklers in all new or substantially remodeled multifamily housing, regardless of distance from a fire station. Require sprinklers in all mixed use development to protect residential uses from fires started in non-residential areas. l Color Code HSNG 10) HSNG 11) HSNG 2) HSNG 3) HSNG 4) HSNG 5) ':)-- .~ \ l""- - Housln~ Mitigation Strategies Ordinance or Resolution # (if existing program), Estimated Cost and Possible Funding Agency (if high priority), Estimated Date of Completion (if study) OR Other Comments Responsible Agency or Department (Required if Existing Program, Very High. High, or Under Study '0 (]) ~ (]) '0 ëñ c: o U - (]) >- õ Z m >. Õ (;j g! E.s=-&m-gzo:.¡::; cotn.-L...+oo 00 L... i: :r: Q (/'J ai.......~ g~ -gQj:g~w a.'- Q) ::2"'C 0 L... > c: = 0 C) :::> a. _ c: Cl.Q) +:i <em en ...._ .- 0 .... tri ze Cl. Cl. « Specific Mitigation Strategy Santa Clara County Fire Department Cupertino Public Works, Santa Clara Valley Water District x x Compile a list of high-rise and high-occupancy buildings which are deemed, due to their age or construction materials, to be particularly susceptible to fire hazards. and determine an expeditious timeline for the fire-safety inspection of all such structures. Conduct periodic fire-safety inspections of all multi-family buildings. as required by State law, x Cupertino Municipal Code Cupertino Community Development 9 of 11 x Ensure that fire-preventive vegetation- management techniques and practices for creek sides and high-slope areas do not contribute to the landslide and erosion hazard, Create a mechanism to require the bracing of water heaters and flexible couplings on gas appliances, and/or (as specified under "a. Single- family homes vulnerable to earthquakes" above) the bolting of homes to their foundations and strengthening of cripple walls to reduce fire ·gnitions due to earthquakes, Color Code HSNG 16) HSNG 17) HSNG 18) HSNG 9) Work with the State Fire Marshall. the California Seismic Safety, PEER, and other experts to identify and manage gas-related fire risks of soft- story residential or mixed use buildings that are prone to collapse and occupant entrapment consistent with the natural gas safety recommendations of Seismic Safety Commission Report SSC-02-03. Note - See http://www.seismic.ca.gov/pub/CSSC_2002- 03_Natural%20Gas%20Safety.pdf. Also note- any values that are installed may need to have both excess flow and seismic triggers ("hybrid" v;::¡lvp!':) HSNG - h - Flooding To reduce flood risk, and thereby reduce the cost of flood insurance to property owners, work to qualify for the highest-feasible rating under the Community Rating System of the National Flood Insurance Program. Balance the housing needs of residents against the risk from potential flood-related hazards. l, :::J- \ ("'"\ -- Ordinance or Resolution # (if existing program), Estimated Cost and Possibie Funding Agency (if high priority), Estimated Date of Completion (if study) OR Other Comments E -§, -§, .$ .¡;- õ iñ ~ ijJ Responsible Agency or !5, I I ~ c?5 Z_ 8 'ö (¡; Department (Required if e ~ -g (¡; ~ õ ~ ~ Existing Program. Very g, > ::. -g g ~ 8 High, High. or Under .- => a." _ Study) û5 Q.(l) Q) 'x « 1\1 >- w õ·§.. õ Z 0 Z ~ a. a. ~ I x Specific Mitigation Strategy I Color Code, HSNG 20) I HSNG-h HSNGI , Flood Participate in National Insurance Program Community Rating System Cupertino Municipal Code, Cupertino General Plan, Cupertino Public Works Cupertino Public Works x x 1) 2) HSNG Cupertino Municipal Code, Clean Water Act Cupertino Public Works 12 of 19 x Ensure that new development pays its fair share of improvements to the storm drainage system necessary to accommodate increased flows from the development. 3 HSNG ~ ~ \ ~ ---- tigation Strategies Housm~ M Ordinance or Resolution # (if existing program). Estimated Cost and Possible Funding Agency (if high priority), Estimated Date of Completion (if study) OR Other Comments Responsible Agency or Department (Required if Existing Program, Very High, High, or Under Study '0 fI! IJ '0 'w c: o U - IJ >- õ z Q) >0 Õ 1i.í ~ E ~ ~ ~ ~ Z 0 ._ .Q) .2> ~.a ü t5 ~ I J: Q) (f) aiõ~ g>~ "8w:gzw k- Q) ::2 "'0 0 L... u.. > c: :.::::;: 0 en :Ja.~ c: a.Q) :¡:; «-ro (/) .......- .- 0 I- ~ zg. ~ a. a. 4: Specific Mitigation Strategy Code Color Santa Clara Valley water Materials available for pick District, Cupertino up. Lack of staff to deliver. Service Center x Provide sandbags and plastic sheeting to residents in anticipation of rainstorms, and deliver those materials to the disabled and elderly upon request. 4) HSNG Cupertino OES, Cupertino Service Center, Santa Clara Valley Water District x --- Provide public information on locations for obtaining sandbags and/or deliver those sandbags to those various locations throughout a city and/or county prior to and/or during the rainy season 5) HSNG Cupertino Municipal Code, Cupertino General Plan. Flood Maps Clean Water C3 Cupertino Public Works HSNG Section Act, Case by case during plan review. Cupertino General Plan Cupertino Public Works x x 6) IApply floodplain management regulations for development in the fioodplain and floodway 7) Ensure that new subdivisions are designed to reduce or eliminate flood damage by requiring lots and rights-of-way are laid out for the provision of approved sewer and drainage facilities, providing on-site detention facilities whenever practicable HSNG Cupertino Public Works x 8) I Encourage home and apartment owners to participate in home elevation programs, HSNG x 3 of 19 9) As funding opportunities become available, encourage home and apartment owners to participate in acquisition and relocation programs for areas within floodways, HSNG C'- ::J- \ (V' -- Ordinance or Resolution # (if existing program), Estimated Cost and Possible Funding Agency (if high priority), Estimated Date of Completion (if study) OR Other Comments Responsible Agency or Department (Required if Existing Program, Very High, High, or Under Study) :>, -- -a O(/}~ "C .a z 0:t:' ~ en "() 0 (l) ~ ~õ& :2 ~ co Z W ~ c .~ '- 0 ::> ï5.0 () c." «2 ID ... .~ >- o ~ ~ z c. ° e z c. c. « E ~ 0> e 0- 0> C ~ 'x UJ ------ Specific Mitigation Strategy Code Color Flood insurance required by mortgage companies if in flood plain Cupertino Public Works x 0) Encourage owners of properties in a floodplain to consider purchasing flood insurance. For example, point out that most homeowners' insurance policies do not cover a property for flood damage, HSNG 14 of 19 ~ \ rn - Ordinance or Resolution # (if existing program), Estimated Cost and Possible Funding Agency (if high priority). Estimated Date of Completion (if study) OR Other Comments Responsible Agency or Department (Required if Existing Program, Very High, High, or Under Study >- Õ +-' Q) "'C -g z~.~ OJ û5 ~üõ CD ~ .!!!õ£ 12 ~ 15zw ~ c .~ '- 0 :J 'ã.0 Ü 0.' ~ « 2 m +-' .!2 >- o ~ ~ zO.o e z 0. 0. 0« E '" ~ C> e c.. C> c: tš 'x ill Specific Mitigation Strategy Color Code Cupertino General Plan Cupertino Public Works 15 of 19 x HSNG - i-Landslides and Erosion Increase efforts to reduce landslides and erosion in existing and future development by improving appropriate code enforcement and use of applicable standards, such as those appearing in the California Building Code, California Geological Survey Special Report 117- Guidelines for Evaluating and Mitigating Seismic Hazards in California. American Society of Civil Engineers (ASCE) report Recommended Procedures for Implementation of DMG Special Publication 117: Guidelines for Analyzing and Mitigating Landslide Hazards in California, and the California Board for Geologists and Geophysicists Guidelines for Engineering Geologic Reports, Such standards should cover excavation, fill placement. cut-fill transitions, slope stability, drainage and erosion control, slope setbacks. expansive soils, collapsible soils, environmental issues, geological and geotechnical investigations, grading plans and specifications, protection of adjacent properties, and review and permit issuance 1) HSNG-i HSNG I I ì Q'-.... ::,- \ r - Housln~ Mitigation Strategies L ãJ Responsible Agency or I Ordinance or Resolution # Q; Department (Required if ! (if existing program), "tJ , ,;; Existing Program. Very . Estimated Cost and c , 8 High, High, or Under ! Possible Funding Agency (if a; Study) high priority), Estimated >- Date of Completion (if study) :£ OR Other Comments ~ õ'" tU .a z f3.~ en _0 Õ I... ~..... QJ OJ ..c 0 ~ "C rozw c: .~.... :::> a. 0 a." ~2 +-' .!!! o ~ zo. e a. c. ~ E ..c ..r:: Q) ro .2> 0> ~ o,::r:i:~ e 2:' ~ n.. Q 0 en > :2 c ~ ';:( w Specific Mitigation Strategy Color Code HSNG, 2) x ncrease efforts to reduce landslides and erosion in existing and future development through continuing education of design professionals on mitigation strategies. Cupertino Municipal Code Cupertino General Plan Cupertino Public Works Cupertino OES 9 16 of x x HSNG HSNG - j " Building Reoccupancy HSNGI 1) I Develop and enforce an ordinance for disaster- damaged structures to ensure that residential buildings are repaired in an appropriate and timely manner and retrofitted concurrently to avoid a recurrence. HSNG " k - Public Education Provide information to residents of your community on the availability of interactive hazard maps showing your community on ABAG's web site, 1) HSNG-k HSNG e, \ [""\ '- Ordinance or Resolution # (if existing program), Estimated Cost and Possible Funding Agency (if high priority), Estimated Date of Completion (if study) OR Other Comments Responsible Agency or Department (Required if Existing Program, Very High, High, or Under Study itigation Strategies ..c: Q) >- ........... Q) "'0 C> ...... "'0 0 I/) > Q,) .- ~ ::::) z o:¡::¡ l.- I Q) û5 _Uo Q) "C .... ~õ& :2 o W .Dzw ~ :2-c~1- 0 c: :.= 0 () ~ c.. _ ...... a.., ., « ê5 >- õ·§.. õ Z 0 Z ~ c. c. « Housm~ M E .<= rn .!2> 0, :I: e ¡:. a. ., '" > .!: 1ñ 'x w Specific Mitigation Strategy ICupertino OES Cupertino General Pian I I I Santa Clara County Fire Fire and retrofit printed Department, Cupertino information in place, flood Building Departmen and grading are not. No other events. Cupertino OES Considered program but lack of staff to develop. Cupertino OES x 17 of 19 x x Develop printed materials, utilize existing materials (such as developed by FEMA and the American Red Cross), conduct workshops, and/or provide outreach encouraging residents to have family disaster plans that include drop-cover-hold earthquake drills, fire and storm evacuation procedures. and shelter-in-place emergency guidelines. Better inform residents of comprehensive mitigation activities. including elevation of appliances above expected fiood levels, use of ¡fire-resistant roofing and defensible space in high IWildfire threat and wildfire-urban-interface areas, . structural retrofitting techniques for older homes, I and use of intelligent grading practices through , Iworkshops, publications, and media . announcements and events. Color Code HSNG 2) HSNG 3) Develop a public education campaign on the cost, risk, and benefits of earthquake, flood. and other hazard insurance. 4) 5) HSNG HSNG x Use disaster anniversaries, such as April (Earthquake Month and the 1906 earthquake) September (9/11), and October (Loma Prieta earthquake and Oakland Hills fire), to remind the public on safety and security mitigation activities, - ~ Ordinance or Resolution # \ (if existing program), rt' - Estimated Cost and Possible Funding Agency (if high priority). Estimated Date of Completion (if study) OR Other Comments Considered training but lack of staff to develop. ..- Cost prohibitive Only one repetitive flood home in the City. Only one repetitive flood home in the City, Responsible Agency or Department (Required if Existing Program, Very High, High, or Under Study ,., -- -c O(/)~-C 2 Züoz ~ (f) ai U Q) I- LiÕ£ :ç ~ co Z W ~ c: .2 '- 0 ::J a. 0 Ü a. (1)- ....... 0<{ - Q) ....... .~ >- o ~ - zO.o e z 0. 0. 0<{ E .<:: .<:: Q) 0)0)- ro .- .- ro t» J: J: Q) o 2:' '0 à: Q) 0 0» :2 c ~ 'x w Specific Mitigation Strategy Code Color Cupertino OES x ity Sponsor the formation and training of Commun Emergency Response Teams (CERT) training. Note - these programs go by a variety of names n various cities and areas,] Cupertino OES x nclude flood fighting technique session based on California Department of Water Resources training to the list of available public training classes offered by CERT. Cupertino Code E~forcement x 'Institute the neighborhood watch block captain and team programs outlined in the Citizen Corps program guide. x Assist residents in the development of defensible space through the use of, for example, "tool libraries" for weed abatement tools, roadside collection and/or chipping services (for brush, weeds, and tree branches) in wildland-urban- interface fire-threatened communities or in areas exposed to high-to-extreme fire threat. Cupertino OES x Train homeowners to locate valves if they smell or hear ¡ Distribute NOAA weather radios to high-risk, imited-income families living in flood hazard HSNGi 6) HSNG 7) HSNG' 8) I i HSNG 9) HSNG: 10) , HSNGI11) Cupertino OES x x 9 8 of areas. 12)IDeVeloP a program to provide at-cost NOAA weather rad ios to residents of flood hazard areas. HSNG ~ \ M - itigation Strategies Ordinance or Resolution # (if existing program), Estimated Cost and Possible Funding Agency (if high priority), Estimated Date of Completion (if study) OR Other Comments Responsible Agency or Department (Required if Existing Program. Very High, High, or Under Study '0 ~ Q) '0 ,ii c: o u âJ >- Õ z ~ õ..... W :J Z '" > ..... 0 ._ (f) - () Õ L.. ~..... Q) Q) .Q 0 tt:: "'C co Z W c:: .~ '- => c.0 a." <{2 õ·~ zo. e a. :t E .t::. ..c Q) ca .2J C> .....'" è5>J::I:1.- e ~ ~ a. Q) 0 C> > ::;: c: ~ 'x ill Specific Mitigation Strategy Cupertino OES Link on City website Santa Clara Valley Water Annual article in Cupertino District, Cupertino Public Scene distributed to al Works residents Santa Clara County Fire Department, Cupertino OES Cupertino OES Link on City website x x x x 9 of 19 x Make use of the materials on the ABAG web site at http://quake.abag.ca.gov/fixit and other web sites to increase residential mitigation activities related to earthquakes, (A BAG plans to continue to improve the quality of those materials over time,) Develop a "Maintain-a-Drain" campaign, similar to that of the City of Oakland. encouraging businesses and residents to keep storm drains in their neighborhood free of debris, Encourage the formation of a community- and neighborhood-based approach to wildfire education and action through local Fire Safe Councils and the Fire Wise Program. Inform shoreline-property owners of the possible long-term economic threat posed by rising sea levels. Develop and distribute culturally appropriate materials related to disaster mitigation and those on the website, Color Code HSNG 13) HSNGI14) ",NO ") HSNG 16) HSNG 7) ~ \ M Economy M Ordinance or Resolution # (if existing program), Estimated Cost and Possible Funding Agency (if high priority). Estimated Date of Completion (if study) OR Other Comments E .<:: .<:: .$ -ð õ õ ~ 1iJ ijJ Responsible Agency or ~ :ï :ï ~ .3 z.::: 1'5 :: (¡; Department (Required if e ~ '8 ~ ~ o. & ~ ~ Existing Program. Very a. QJ ""== ( ) ro Q) We. . '" > "" -g .!.! m ~ 0 High. High. or Under ,§ :::> 8: 15. 8 Ü Study) .~ « e x ~ c. W oc. z« x California Building Code with Structural amendments Cupertino Community Development State Adopted with 2001 Amendments Cupertino Community Development - x to Earthquakes ! I I 1 of 14 Specific Mitigation Strategy ECON - a - Multi-Hazard Be aware of past problems of inadequate hazard disclosure and work with real estate agents to improve enforcement of real estate disclosure requirements for those hazards covered by this plan. for example, by making those agents and the disclosure firms aware of the hazard maps incorporated in this plan and available on the ABAG web site at htto://auake.abaa.ca.aov/mitiaation, as well as locally developed maps. Create incentives for owners of historic or architecturally significant residential buildings to undertake mitigation to levels that will minimize the likelihood that these buildings will need to bel demolished after a disaster, particularly if those alterations conform to the federal Secretary of the Interior's Guidelines for Rehabilitation. ECON - b - Soft-Story Commercial Buildings VUlnerable Require engineered plan sets for voluntary or x mandatory soft-story retrofits until a standard plan set and construction details become available. Adopt the 2003 International Existing Building x Code. the 1997 UBC. or the latest applicable code standard for the design of voluntary or mandatory soft-story building retrofits. Color Code ECON-a ECON-, 1) ECON-, 2) ECON-b ECON-I 1) I -- - ECON-' 2) Econom~ Mitigation Strategies '':':J--. ~ l (""\ --- Ordinance or Resolution # (if existing program), Estimated Cost and Possible Funding Agency (if high priority), Estimated Date of Completion (if study) OR Other Comments -€;' õ õ ~ 1ií aJ Responsible Agency or ::J zz-->- I- '^ . ~ Õ _ Q Department (Required if W Q) 0 OJ 0 ~ .. (¡¡ :¡¡ . iD Z <f EXisting Program, Very -g ~ ~ 1ií 8 High, High, or Under ;:) D.. is. 0 Study D..oO « ~ _D.. OD.. z« E ..c ..c ( ) (t .Q') OJ 10 æ :J: ~ I... e ~ ~ c. Q 0 0> > ::;;; ,;; 1ií 'x UJ Specific Mitigation Strategy Work to educate building owners, local government staff. engineers. and contractors on soft-story retrofit procedures and incentives using materials such as ABAG (see! and the City those developed by ov/fixit) Prepared by San Jose State San Jose State University X se. Conduct an inventory of existing or suspected soft-story commercial and industrial structures, Estimate $15,000 FEMA Pre-Disaster Mitigation Funding X --._---- Use the soft-story inventory to require owners to inform all existing tenants that they work in this type of building and the standard to which it maYI have been retrofitted. as well as require owners to inform tenants that they will work in this type of building prior to signing a lease. Estimate $15,000 FEMA Pre-Disaster Mitigation Funding Unknown Estimate FEMA Pre-Disaster Mitigation Funding x x to Use the soft-story inventory to require owners inform all existing tenants that they should be prepared to work elsewhere following an earthquake if the building has not been retrofitted, Investigate and adopt appropriate financial, procedural, and land use incentives for owners of soft-story buildings to facilitate retrofit. Color Code ECON-I 3) , I ECON- 4) ECON- 5) ECON-I 6) ECON-I 7) Unknown Estimate FEMA Pre-Disaster Mitigation Funding x ---- ------- 8)' Explore development of local ordinances or State regulations to require or encourage owners of soft-story structures to strengthen them ----- ECON-I Cupertino Community Development 4 2 of x 9) I Provide technical assistance in seismically strengthenin¡¡ soft-story structures. ECON- ~ ~ \ ('f"\ - Ordinance or Resolution # (if existing program), Estimated Cost and Possible Funding Agency (if high priority), Estimated Date of Completion (if study) OR Other Comments .¡;- õ õ ~ Qí ðJ Responsible Agency or ::) z Z .- >- 10- rn~ - ~ õ ~ Q Department (Required if Q) 0 Q) O",º .. Q; :¡¡ - :s=w Z '(f EXisting Program, Very rn Q) c. . -g g]! iñ 8 High. High, or Under :::> c. 5. 0 Study) c'oü <I: ~ ~c. oc. z<l: Econom~ M E ..c::: J:: W m .!2> OJ ~ æ I I ~ e ~ ~ 0.. Q 0 OJ > :2 c ~ 'x w Specific Mitigation Strategy Code No URMs in the City No URMs in the City No URMs in the City No URMs in the City X X X X Downtown Areas I ECON - c - Unreinforced Masonry Buildings in Older Continue to actively implement existing State law that requires cities and counties to maintain lists of the addresses of unreinforced masonry buildings and inform property owners that they own this type of hazardous structure. Accelerate retrofitting of unreinforced masonry structures that have not been retrofitted, for example. by (a) actively working with owners to obtain structural analyses of their buildings, (b) helping owners obtain retrofit funding, (c) adopting a mandatory versus voluntary, retrofit program, and/or (d) applying penalties to owners who show inadequate efforts to upgrade these buildings. 4 I s 3 of I , I icious Buildin Require owners to inform all existing tenants that they work in this type of building and the standard to which it may have been retrofitted, as well as require owners to inform tenants that they will work in this type of building prior to signing a lease. Require owners to inform all existing tenants that they should be prepared to work elsewhere following an earthquake even if the building has been retrofitted, for it has probably been retrofitted to a life-safety standard, not to a standard that will allow occupancy following major earthquakes. ECON - d - Privately-Owned Structural Sus ECON-c ECON- 1) ECON-, 2) i ECON-, 3) ---U ECON- 4) ECON-d Color Econom~ Miti ~ \ ('f"\ '-- Ordinance or Resolution # (if existing program), Estimated Cost and Possible Funding Agency (if high priority). Estimated Date of Completion (if study) OR Other Comments E -§, ~ .æ -ð' õ õ ~ Q) ~ Responsible Agency or ~ I I ~ (J).a z. ~ t5 ~ Q; Department (Required if Q) 0 <lJ 0:2 .. e 2:' '8 ~ J5 _ >E: Z en EXisting Program, Very a.. Q) 00::: Q) (t Q) We. . '" > "" -g ,!.! 1ü - 0 High, High, or Under ,§ :::> i5. '§. :g U Study rn c'oü .- « 10- x _ 0.. W 00.. z4: Specific Mitigation Strategy Occupancy Database, Change of Use Analysis Cupertino Community Development X X -'--J !Cupertino Com-munity Unknown Estimate , Development FEMA Pre-Disaster Mitigation Funding Santa Clara County Fire Cupertino Municipal Code, Department, Cupertino Cupertino General Plan Code Enforcement I Santa Clara County Fire Cupertino Municipal Code. Department, Cupertino !Cupertino General Plan Community , Development Cupertino Municipal Code Cupertino Community Development X nventory non-ductile concrete, tilt-up concrete, and other privately-owned structurally suspicious buildings, Adopt the 2003 International Existing Building Code, the 1997 UBC, or the latest applicable code standard for the design of voluntary or mandatory retrofit of seismically vulnerable buildings, . Adopt one or incentives more of the following strategies as to encourage retrofitting of privately- owned structurally suspicious commercial and industrial buildings: (a) waivers or reductions of permit fees, (b) below-market loans. (c) local tax breaks. (d) grants to cover the cost of retrofitting or of a structural analysis, (e) land use and procedural incentives, or (I) technica assistance, x and ECON - e - Wildfire and Structural Fires Increase efforts to reduce fire in existing development through improving engineering design and vegetation management for mitigation, appropriate code enforcement, public education on mitigation strategies, 4 4 of x Require that new business and office buildings in high fire hazard areas be constructed of fire- resistant building materials and incorporate fire- resistant design features (such as minimal use of eaves, internal corners. and open first floors) to increase structural sUNivability and reduce 'gnitability Color Code ~CON-11) ECON-, 2) I ,coN-l ECON-e ECON-! 1) , I ECON-h C; \ ('V"\ Econom~ Mitigation Strategies Ordinance or Resolution # (if existing program), Estimated Cost and Possible Funding Agency (if high priority), Estimated Date of Completion (if study) OR Other Comments i) õ õ ~ ID -g Responsible Agency or ~ z.::: 15 ~ Q; Department (Required if on Q) 0 Q) O,,º .. Q; :is . it Z '<f EXisting Program, Very -g g § 1;; 8 High, High, or Under => a. a. 0 Study a.oü « ~ ~a. o a. z« E J:: J:: Q) co .2> .2> 15 OJ J: :r: Qj o 1:' '0 è: Q) 0 Q) > :¡¡; £ 1;; ·x w Specific Mitigation Strategy Based on mandate, Code cycles and Fire Dept coordination Santa Clara County Fire Department, Cupertino Community Development Cupertino Municipal Code, Cupertino General Plan Cupertino Community Development X Adopt and amend as needed updated versions of the California Building and Fire Codes so that optimal fire-protection standards are used n construction and renovation projects. X -. - Create a mechanism to enforce provisions of the California Building and Fire Codes and other local codes that require the installation of smoke detectors and fire-extinguishing systems by making installation a condition of (a) finalizing a permit for any work on existing properties valued at over a fixed amount, such as $500 or $1000. and/or (b) on any building over 75 feet in height. and/or (b) as a condition for the transfer of property Color Code ECON-,! 3) ! , , ! ECON-i 4) ¡ I Cupertino General Plan, Cupertino Municipal Code Cupertino Code Enforcement Santa Clara County Fire Department, Cupertino Code Enforcement x 4 5 of x x ECON-, 5) Expand existing vegetation management programs in commercial and/or industrial areas. ECON-, 6) Establish a Fire Hazard Abatement District to I fund reduction in fire risk of existing properties I I through vegetation management that includes I reduction of fuel loads. use of defensible space, I and fuel breaks. ECON-I 7) Establish a Fire Hazard Abatement District to fund fire-safety inspections of private properties. roving firefighter patrols on high fire-hazard days, and public education efforts. t; \ ('0 - Econom~ Mitigation Strategies Ordinance or Resolution (if existing program), Estimated Cost and Possible Funding Agency (if high priority). Estimated Date of Completion (if study) OR Other Comments # -ð õ õ ~ Qí ~ Responsible Agency or :) Z Z .- >- ~ 1;'. _ ~ õ ~ QJ Department (Required if u~ Q) 0 Q) 0 "º .. ID :¡s - iTI Z'" EXisting Program, Very -g g ~ ¡¡¡ 8 High. High. or Under :;) a. 5. 0 Study a.oü « ~ ~a. o a. z« x E ..c .r:. Q) co .gI en ...... CñJ::E~ e ~ ~ [L QJ 0 0» :2 .5 ¡¡¡ ·x w Specific Mitigation Strategy Code Color Santa Clara County Fire Department x x Compile a list of high-rise and high-occupancy buildings that are deemed. due to their age or construction materials, to be particularly susceptible to fire hazards, and determine an expeditious timeline for the fire-safety inspection of all such structures. Conduct periodic fire-safety inspections of all commercial and institutional buildings. -----, Work with the State Fire Marshall, the California Seismic Safety, PEER, and other experts to identify and manage gas-related fire risks of soft story mixed use buildings that are prone to collapse and occupant entrapment consistent with the natural gas safety recommendations of Seismic Safety Commission Report SSC-02-03 Note See 8) 9) 0) ECON-I I I ECON-, ECON-i http://www.seismic.ca.gov/pub/CSSC_2002- 03_Natural%20Gas%20Safety.pdf. Also note any values that are installed may need to have both excess fiow and seismic triggers ("hybrid' Cupertino Public Works Santa Clara Valley Water District x valves Ensure that fire-preventive vegetation- management techniques and practices for creek sides and high-slope areas do not contribute to the landslide and erosion hazard 11) ECON- x 4 60f Work with insurance companies to create a public/private partnership to give a discount on fire insurance premiums to "Forester Certified" Fire Wise landscaping and fire-resistant buildina materials. ECON - f - Floodin 2 ECON- ECON-f t; \ I'" - Ordinance or Resolution # (if existing program), Estimated Cost and Possible Funding Agency (if high priority), Estimated Date of Compietion (if study OR Other Comments t;' õ õ ~ ãí ãì Responsible Agency or ~ z.::: tj ~ Q; Department (Required if V~ Q) 0 Q) O",º .. Q; :õ - 01= Z '(f) EXisting Program, Very -g g § ~ 8 High, High, or Under ::J a. 5. 0 Study) a.oü <{ ~ _a. o a. Z<{ Econom~ M E ~ OJ e 0.. OJ c: tš 'x w Specific Mitigation Strategy Code Color Participate in Nationai Flood Insurance Program Community Rating System Cupertino Public Works X Cupertino General Plan, Cupertino Municipal Code Cupertino Public Works X Cupertino Municipal Code, Clean Water Act Cupertino Public Works X To reduce flood risk. thereby reducing the cost of flood insurance to property owners, work to qualify for the highest-feasible rating under the Community Rating System of the National Flood Insurance Program. Balance the needs for commercial and industrial development against the risk from potential flood-related hazards. Ensure that new development pays its fair share of improvements to the storm drainage system necessàry to accommodate increased flows from the development. or does not increase runoff by draining water to pervious areas or detention facilities. 1) ECON- 2 ECON- 3) ECON- Santa Clara Valley I Materials available for pick Water District. Cupertino up, Lack of staff to deliver. Service Center X 4) Provide sandbags and plastic sheeting to businesses in anticipation of rainstorms, and deliver those materials to the disabled and ECON- Posted on website, printed maps available, can call Dispatch Center fOI 'nformation Cupertino Public Works, Cupertino OES, Public Information Officer, Santa Clara Valley Water District X elderly upon request 5) Provide public information on locations for obtaining sandbags and deliver those sandbags to those various locations throughout a city and/or county. ECON- Cupertino Municipal Code CU[Jertino General Plan Cupertino Public Works X X 7 of 14 X Apply floodplain management regulations for development in the floodplain and floodway. Encourage business owners to participate in building elevation programs. Encourage business owners to participate in acquisition and relocation programs for areas within floodwavs, 6) 7 8) ECON- ECON- ECON- ~ ~ \ ('""'\ --- Ordinance or Resolution # (if existing program), Estimated Cost and Possible Funding Agency (if high priority), Estimated Date of Completion (if study) OR Other Comments -È> Õ Õ ~ Q) ijJ Responsible Agency or :J Z Z .- >- '- ~ _ ~ Õ _ Q) Department (Required if W Q)OWO:Q .. a; :c - ¡¡¡ Z (J) EXisting Program, Very -g £1 ~ t) 8 High, High. or Under ::J a. 5. 0 Study) o.oü « ~ _a. o a. Z« x 8 of 14 Q) iií ~ Q) 'C o ::;: E .I:: .<:: fU .2> OJ õ> J: J: e è:' a. Q) 0> > c: "" (J) 'x ill Econom~ M : Color Code Specific Mitigation Strategy ECON- 9) Require an annual inspection of approved flood- proofed buildings to ensure that (a) all flood- proofing components will operate properly under flood conditions and (b) ali responsible personnel are aware of their duties and responsibilities as described in their building's Flood Emergency Operation Plan and Inspection & Maintenance Plan, ECON-, ECON Landslides and Erosion - ,~ \ r--- - Ordinance or Resolution # (if existing program), Estimated Cost and Possible Funding Agency (if high priority), Estimated Date of Completion (if study) OR Other Comments Cupertino General Plan EconomyMitigation Strategies E -§, -§, 2 -i;' õ õ ~ Q) ijJ Responsible Agency or !5, J: J: ~ ~ z_::: 15 ~ Q; Department (Required if e ~ '8 ~ ~ o.,¡g ~ ~ Existing Program, Very a. Q.J "'I:: Q.J (tJ CD WI::. . C> > "" 'Oc .\1 1i5 - 0 High, High, or Under - ,- I/) (J .!: :::> a. a. ° Study t:i Cooü .- « l- x _ a. W oa. z« Specific Mitigation Strategy Code Color Cupertino Public Works , x Increase efforts to reduce landslides and erosion in existing and future development by improving appropriate code enforcement and use of applicable standards, such as those appearing in the California Building Code, California Geological Survey Special Report 117 - Guidelines for Evaluating and Mitigating Seismic Hazards in California, American Society of Civil Engineers (ASCE) report Recommended Procedures for Implementation of DMG Special Publication 117: Guidelines for Analyzing and Mitigating Landslide Hazards in California, and the California Board for Geologists and Geophysicists Guidelines for Engineering Geologic Reports, Such standards should cover excavation, fill placement, cut-fill transitions. slope stability. drainage and erosion control, slope setbacks, expansive soils, collapsible soils, environmental issues, geological and geotechnical investigations, grading plans and specifications, protection of adjacent properties. and review and permit issuance. 1) ECON- x 2) Increase efforts to reduce landslides and erosion in existing and future development through continuing education of design professionals on mitigation strategies. ; , , ECON-¡ í 9 of 14 Construction h ECON ECON- c-{ ~ (""\ - Econom~ Mitigation Strategies Ordinance or Resolution # (if existing program), Estimated Cost and Possible Funding Agency (if high priority), Estimated Date of Completion (if study) OR Other Comments Code iJ õ õ ~ Qí '2 Responsible Agency or ::3 Z Z .- >- L- en- - ~ õ - Q Department (Required if Q) 0 (]) 0:2 .. (¡; :c - ðJ Z '" EXisting Program, Very -g ,g]¡ 1ñ 8 High, High, or Under :::¡ a. å. 0 Study) o.oü « ~ _a. 00. Z« E J:: .s= Q.) m ,2' .2> ro ts>J:J:Ci; o 1:' 'C ã: Q) 0 > :;; 0) c: :m 'x w Specific Mitigation Strategy Code Color Cupertino Municipal Cupertino Community Development X Continue to require that all new commercial and industrial buildings be constructed in compliance with structural requirements of the most recently adopted version of the California Code 1) ECON- X X n Sui/din Conduct appropriate employee training and support continued education to ensure enforcement of construction standards. Recognize that many strategies that increase earthquake resistance also decrease damage an explosion. In addition, recognize that ventilation systems can be designed to contain airborne biological agents. 2) 3) ECON- ECON- 4 X o of ECON Building Reoccupancy Institute an aggressive program similar to San Francisco's Building Occupancy Resumption Program (BORP). This program permits owners of private buildings to hire qualified structural engineers to create building-specific post-disaster inspection plans and allows these engineers to become automatically deputized as City/County inspectors for these buildings in the event of an earthquake or other disaster. 1 ECON-i ECON-! ('f"\ ~ \ r - f Ordinance or Resolution (if existing program), Estimated Cost and Possible Funding Agency ( high priority), Estimated Date of Completion (if study OR Other Comments # i;' õ õ g! Qj ~ Responsible Agency or ::::) zz·_>- L... û5 - ~ õ - ~ Department (Required if W 0 2 0 - E . t· P V Ii; :c . Lü z UJ XIS mg rogram, ery -g M § t) 8 High. High, or Under ::> 0. 5. 0 Study) o.oü 00: ~ _0. o 0. zoo: E J:: J:: Q) co .2> .2> 15 C» :I: :r: a> o 1:' 'C è: w 0 C) > 2 " ~ UJ X UJ X Econom~ M __0' Specific Mitigation Strategy Code Color x 2)iActively notify owners of historic or architecturally significant buildings of the availability of the local BORP-type program and encourage them to participate to ensure that appropriately qualified structural engineers are inspecting their buildings. thus reducing the likelihood that the buildings will be inappropriately evaluated following a disaster. ECON-! Cupertino Municipal Code Cupertino Public Works x of 14 11 x Actively notify owners of educational facility buildings of the availability of the local BORP- type program and encourage them to participate to ensure that appropriately qualified structural engineers are inspecting their buildings, thus reducing the likelihood that the buildings will be inappropriately evaluated following a disaster. Allow owners to participate in a BORP-type program as described above, but not actively encourage them to do so. Develop and enforce an ordinance for disaster- damaged structures to ensure that damaged buildings are repaired in an appropriate and timelv manner. 3) ECON- 4) 5) ECON- I ¡ , ECON-I ! ¡ ~ ~ ("""\ - Economy M -ð' õ õ ~ w a¡ Responsible Agency or Ordinance or Resolution # c75 z.:: 13 ::: (¡¡ Department (Required if (if existing program), (¡¡ ~ ~ ~ ~ ~ Existing Program, Very Estimated Cost and -g g]1 ûí 8 High, High. or Under Possible Funding Agency (if ::J 8: 5. 8 Study high priority), Estimated :;; K Date of Completion (if study ~ ~ OR Other Comments E .c. .c. Q) co .2> 0> .... æ :I: J: ~ e ~ ~ n. Q 0 '" > ::;; " t5 'x ill Specific Mitigation Strategy Link on City website Cupertino General Plan Cupertino OES Cupertino OES x Establish preservation-sensitive measures for the repair and reoccupancy of historically significant structures, including requirements for temporary shoring or stabilization where needed, arrangements for consulting with preservationists, and expedited permit procedures for suitable repair or rebuilding of historically or architecturally valuable structures. x 12 of 14 x x EGON - j - Public Education Provide information to business owners and employees on the availability of interactive hazard maps on ABAG's web site. Develop printed materials. utilize existing materials (such as developed by FEMA and the American Red Cross), conduct workshops, and/or provide outreach encouraging businesses' employees to have family disaster plans that include drop-cover-hold earthquake drills, fire and storm evacuation procedures, and shelter-in-place emergency guidelines. Develop printed materials, conduct workshops, and provide outreach to Bay Area businesses focusing on business continuity planning Color Code ECON- 6) ECON-. ECON-. 1) ECON-. 2) ECON- 3) \"'] "'( C"" - Ordinance or Resolution # (if existing program), Estimated Cost and Possible Funding Agency (if high priority), Estimated Date of Completion (if study OR Other Comments -ð õ õ ~ ãí ~ Responsible Agency or :J Z Z .- >- L.. (f)~ - ~ 1:5 ~ Q) Department (Required if cD 0 Q) O:'Q .. a; :ë - æ Z <n EXisting Program, Very -g g ~ tí 8 High, High, or Under ::> c. å. 0 Study C.ou « ~ ~c. oc. Z« E ..c .r:. Q.) rn.2JC)~ CñJ::f~ e ~ ~ a.. Q) 0 en > :¡; .!: tí 'x w Econom~ M Specific Mitigation Strategy Accomplished through Cupertino Municipal Code on a case by case basis X Better inform Bay Area business owners of mitigation activities, including elevation of appliances above expected flood levels, use of fire-resistant roofing and defensible space in wildland-urban-interface fire-threatened Cupertino General Plan Link on City website Cupertino OES I ! X communities or in areas exposed to high-to- extreme fire threat, structural retrofitting techniques for older buildings, and use of intelligent grading practices through workshops, publications. and media announcements and events, -~ Sponsor the formation and training of Community Emergency Response Teams (CERT) training through partnerships with local businesses. [Note - these programs go by a variety of names in various cities and areas, X Cupertino OES 4 Assist businesses in the development of defensible space through the use of, for example. "tool libraries" for weed abatement tools. roadside collection and/or chipping services (for brush. weeds. and tree branches) in wildland-urban-interface fire-threatened communities or in areas exposed to high-to- extreme fire threat. 3 of Color Code ECON- 4) i ECON-j 5) I I ---L ECON-] 6) ECON-' 7) x uake.aba increase mitigation activities related to earthquakes. ABAG plans to continue to improve the quality of those materials over time, Make use of the materials developed by others (such as found on ABAG's web site at htt) ov/bus/ness to ~ ~ \ !""\ - Ordinance or Resolution # (if existing program), Estimated Cost and Possible Funding Agency (if high priority), Estimated Date of Completion (if study) OR Other Comments Econom~ M E .<: .<: 2 .¡;- Õ Õ ~ êií -g Responsible Agency or ~ ª' ª' ~Q) .3 z ~ t5 :: Q; Department (Required if 0) WaioQJo"c.. e i?:' '8 ~ j5 _:S:: Z ,ii EXisting Program. Very a.. Q) -== Q) rn Q) UJ c: . . "" > "'" -g J1]¡ 1i) 8 High, High, or Under .!: :J a. 5. 0 Study û) G.oü .- « '- x _ a. UJ 00. z« Specific Mitigation Strategy Santa Clara Valley IAnnual article in Cupertino Water District, Cupertino I Scene distributed to al Public Works residents X lar Develop a "Maintain-a-Drain" campaign, simi to that of the City of Oakland. encouraging businesses and residents to keep storm drains n their neighborhood free of debris. Santa Clara County Fire Department, Cupertino OES Santa Clara County Fire Department Office is available to assist with any coordination efforts No shoreline property in City Printed materials available as well as website with links to translated materials Cupertino OES X Encourage joint meetings of security and operations personnel at major employers to develop innovative ways for these personnel to work together to increase safety and security, Cupertion OES, Public Information Officer X X nform shoreline-property owners of the possible long-term economic threat posed by rising sea levels. Develop and distribute culturally appropriate materials related to disaster mitigation and preparedness, such as those on the http:/, website. Color Code ECON-) 8) I , , , I ECON- 9) ECON- 10) ECON- 11) ECON- 12) ECON- 13) X X Encourage the formation of a community-based approach to wildfire education and action through local Fire Safe Councils and the Fire Wise Proqram~_ Encourage businesses and laboratories handling hazardous materials or pathogens increase security to a level high enough to create a deterrent to crime and terrorism, including active implementation of "cradle-to- grave" tracking systems. 4 of 14 Mitigation Strategies Government r-- --....3 \ (\ Ordinance or Resolution # (if existing program), Estimated Cost and Possible Funding Agency (if high priority), Estimated Date of Completion (if study OR Other Comments is' õ õ ~ ãí -g Responsible Agency or :J ZZ·_>- "- (f)- . ~ õ - wDepartment (Required if Q.) 0 Q) 0:2 . . Q; :D - i\j Z en EXlstmg Program. Very -g ,g ~ 1ñ 8 High, High, or Under :::J "- Ci 0 Study) "-oü <{ ~ -"- o "- z<{ 2 ~ W 'C o :æ: E .<:: .<:: co ,QJ C» c> :r: ï: e c:- D.. w 0> > c: "" en 'x W Specific Mitigation Strategy Code Color Cupertino Public Works x GOVT - a - Focus on Critical Facilities Assess the vulnerability of critical facilities (such as city halls, fire stations, community service centers, seaports, and airports) to damage in natural disasters and make recommendations for appropriate mitigation 1) GOVT-a GOVT-a Cupertino Public Works x 2) Retrofit or replace critical facilities that are shown to be vulnerable to damage in natura disasters. GOVT-a Preparedness programs including CERT, Prep Workshops and staff training Cupertino OES x 3) Clarify to workers in critical facilities and emergency personnel. as well as to elected officials and the public. the extent to which the facilities are expected to perform only at a life safety level (allowing for the safe evacuation of personnel) or are expected to remain functional following an earthquake GOVT-a Cupertino Safety Committee x 4) Conduct comprehensive programs to identify and mitigate problems with facility contents, architectural components, and equipment that will prevent critical buildings from being functional after major natural disasters. GOVT-a Santa Clara County Sheriffs Office of9 1 x 5) Encourage joint meetings of security and operations personnel at critical facilities to develop innovative ways for these personnel to work together to increase safety and securi GOVT-a Mitigation Strategies Government ~ ~ \ (""\ - Ordinance or Resolution # (if existing program), Estimated Cost and Possible Funding Agency (if high priority), Estimated Date of Completion (if study) OR Other Comments iJ õ õ ~ Q) -g Responsible Agency or b5 z_::: ~ ~ Q¡Department (Required if OJ 0 J!! 0 :QE 't' P V ~OJ :c - W- Z <J) XIS Ing rogram, ery '" OJ c: -g g]¡ ¡¡¡ <3 High, High. or Under :::J c. 5. 0 Study) C.ou <t: ~ ~c. o c. z<t: OJ 10 ~ OJ '0 o :2 E.c.c m .~ 0> 0, I J: e c:- D. OJ 0> > c: "" <J) ·x W Specific Mitigation Strategy x nstall micro and/or surveillance cameras around critical public assets tied to web- based software, and develop a surveillance protocol to monitor these cameras. Cupertino Public Works Santa Clara Valley Water District Cupertino Community Development x dentify and undertake cost-effective retrofit measures on critical facilities (such as moving and redesigning air intake vents and installing blast-resistant features) when these buildings undergo major renovations, x Coordinate with the State Division of Safety of Dams to ensure that cities and counties are aware of the timeline for the maintenance and inspection of dams whose failure would impact their jurisdiction x 20f9 x As a secondary focus. assess the vulnerability of non-critical facilities to damage in natural disasters based on occupancy and structural type, make recommendations on priorities for structural improvements or occupancy reductions, and identify potential funding mechanisms, Ensure that government-owned facilities are subject to the same or more stringent regulations as imposed on privately-owned development. Color Code GOVT -a 6) GOVT-a 7) GOVT-a 8) GOVT -a 9) GOVT-a 10) M Government ~ ~ I f'\ - Ordinance or Resolution # (if existing program), Estimated Cost and Possible Funding Agency (if high priority), Estimated Date of Completion (if study) OR Other Comments E .<= .<= 2 iJ' Õ Õ ~ ã> a¡ Responsible Agency or ~ r r ~ .3 Z ~ t5 ~ à; Department (Required if (j) if) ai 0 Q) o"'C .. e 1:' '8 ~ :c _ >t: Z ïñ EXisting Program. Very Q. Q) 00::::: Q) co Q) W c:. . 0> > "" -g g ~ 1i) 8H1gh. High, or Under 15 ::;) 8: a. 8 Study) .~ « e x _ a. W 00. Z<C Specific Mitigation Strategy Cupertino Community Development X Comply with all applicable building and fire codes. as weli as other regulations (such as state requirements for fault, landslide, and liquefaction investigations in particular mapped areas) when constructing or significantly remodeling government-owned facilities. Cupertino Emergency Operations Plan 2004 Cupertino Emergency Operations Plan 2004 Cupertino Emergency Operations Plan 2004 Cupertino Community Development Prior to acquisition of property to be used as X a critical facility, conduct a study to ensure the absence of significant hazards. i GOVT - b - Maintain and Enhance Local Government's Emergency Response and Recovery Capacity Establish a framework and process for pre- x !' Cupertino OES event planning for post-event recovery that specifies roles, priorities, and responsibilities of various departments within the local government organization, and that outlines a structure and process for policy-making 'nvolving elected officials and appointed Cupertino OES Cupertino OES Parks & Rec, Red Cross I Parks & Rec Shelter Plan 2004 30f9 x Develop a plan for short-term and intermediate-term sheltering of impacted residents. Color Code GOVT -a 11 GOVT -a 2 GOVT-b GOVT-b 1 GOVT -b 2) GOVT-b 3) GOVT-b 4) x x adviso committees. Prepare a basic Recovery Plan that outlines the major issues and tasks that are likely to be the key elements of community recovery as well as integrate this planning into response planning. Establish a goal for the resumption of local government services that may vary from function to function <::J c---- \ ('V"\ - Ordinance or Resolution # (if existing program), Estimated Cost and Possible Funding Agency (if high priority), Estimated Date of Completion (if study) OR Other Comments .iJ õ õ ~ ãí ~ Responsible Agency or ~ zz·_>- L. Cf)- - ~ ü - ",Department (Required if Q) 0 Q) 0:2 .. (¡; :ã - 'l=w Z <J EXisting Program, Very ro Q) r:::. . -g g]¡ 1i5 8 High, High, or Under ::> 0. a. 0 Study) o.oü -< ~ _0. 00. Z-< E ~ .c: Q) ro .~ .2> m tñ J: :J: ã3 o e:- 'C a: Q) 0 > ::;: OJ c: "" <J 'x w M Government Specific Mitigation Strategy Code Color C,MTF is studying County Fire, Santa Clara County Sheriff's Office Santa Ciara County Fire, Santa Ciara County Sheriff's Office X X Santa Clara County Fire'lcounty committee designing Santa Clara County and implementing program Sheriff's Office X Regional projects are being studied, Amateur Radio capability in place Exploring possibility 0 mobile communications vehicle Cupertino Emergency Operations Plan 2004 Cupertino OES Cupertino OES Cupertino OES X X 40f9 X Periodically assess the need for new or relocated fire or police stations and other emergency facilities, changes in staffing levels, and additional or updated supplies, equipment, technologies, and in-service training classes. ~ Ensure that fire and police department personnel have adequate radios, breathing apparatuses, protective gear, and other equipment to respond to a major disaster. Develop and maintain a system of interoperable communications for first responders from cities, counties, speciai districts, state, and federal agencies, Harden emergency response communications, including, for example, building redundant capacity into public safety alerting and/or answering points, replacing or hardening microwave and simulcast systems, adding digital encryption for programmable radios, and ensuring a plug- and-play capability for amateur radio. Purchase command vehicles for use as mobile command/EOC vehicles if current vehicles are unsuitable or inadequate. Maintain the local government's emergency operations center in a fully functional state of readiness. 5) 6) GOVT-b GOVT-b 7 GOVT-b 8) 9) 10) GOVT-b GOVT-b GOVT-b - (' \ l'" -- Ordinance or Resolution # (if existing program), Estimated Cost and Possible Funding Agency (if high priority), Estimated Date of Completion (if study) OR Other Comments stakeholders invited to in exercises is' õ õ ~ Qj ãJ Responsible Agency or cn.3 z.::: '5 ~ (¡; Department (Required if Q) 0 Q) O'Q .. (¡; :c - i'fj Z '", EXisting Program, Very -g J!]¡ ¡¡; 8 High, High, or Under ::> c. a. 0 Study) c'oü « ~ _c. o c. Z« M E .c. ..c. Q) co ,2> ,2> ro t» J: :r: m o è:' '0 a: Q) 0 > :2 OJ c ~ 'x lJJ Government Specific Mitigation Strategy Code Color AI participate Cupertino OES X Expand or participate in expanding traditiona disaster exercises involving city and county emergency personnel to include airport and port personnel, transit and infrastructure providers, hospitals, schools, park districts, and major employers, 11 GOVT-b Cupertino Emergency Operations Plan 2004 OES 1- x x Cupertino OES, Santa Cupertino Emergency Clara County Fire, Santa Operations Plan 2004 Clara County Sheriffs Office Goal #8 Goal #8 UASi Grant UASI Grant San Jose OES San Jose OES x x x 2) Maintain and update as necessary the local government's Standardized Emergency Management S stem Plan. 3) Continue to participate not only in general mutual-aid agreements, but also in agreements with adjoining jurisdictions for cooperative response to fires, floods, earthquakes, and other disasters. 14) Install an alert and warning system with outdoor sirens, coordinating them, to the extent possible, with those of neighboring jurisdictions, 15) Conduct periodic tests of the alerting and warning system's outdoor sirens no less frequentl than once per month. 6) Regulate and enforce the location and design of street-address numbers on buildings and minimize the naming of short streets (that are actually driveways) to single homes, GOVT-b GOVT -b GOVT -b GOVT-b GOVT-b Santa Clara County Fire Department 50f9 x 17) I Monitor weather during times of high fire risk I using, for example, weather stations tied into olice and fire dispatch centers. GOVT -b ~ r \ r Ordinance or Resolution (if existing program), Estimated Cost and Possible Funding Agency (if high priority), Estimated Date of Completion (if study OR Other Comments # Mitigation Strategies -ð' õ õ !1! Q ðJ Responsible Agency or (j).3 Z.::: tj ~ à; Department (Required if Q) 0 Q) o"C .. (¡; :3 - i\J Z :~ EXisting Program, Very -g g ~ ën 8 High, High, or Under ::::> c. 0. 0 Study) c.ot) -< ~ ~c. o c. Z-< Government E ~ OJ e 0.. OJ " '" VI 'x w ~ ..c .æ .2> .2> m I :r: :v è:' '0 Q) 0 > :;< X Specific Mitigation Strategy Code Color Cupertino web site is linked to NOAA and SCVWD County Fire Santa Clara Valley Water District X Establish regional protocols on how to respond to the NOAA Monterey weather forecasts, such as the identifying types of closures, limits on work that could cause ignitions, and prepositioning of suppression forces). A multi-agency coordination of response also helps provide unified messages to the public about how they should respond to these periods of increased fire danger. Increase local patrolling during periods of high fire weather. Create and maintain an automated system of rain and fiood gauges that is web enabled and publicly accessible. Place remote sensors in strategic locations for early warning of hazmat releases or use of weapons of mass destruction 8) GOVT-b X X 19) 20) GOVT-b GOVT-b 21) GOVT-b tec application UASI Grant Goal #8 threat trunami No Santa Clara County Office of Emergency Services Santa Clara Valley Water District X nvestigate the use of phone-based warning systems for selected geographic areas. 22) GOVT-b x 60f9 X Review and update, as necessary, procedures pursuant to the State Dam Safety Act for the emergency evacuation of areas located below major water-storage facilities, Develop procedures for the emergency evacuation of areas identified on tsunami evacuation maps as these maps become available 23) 24 GOVT -b GOVT-b M (' ) 1""\ ........ Ordinance or Resolution # (if existing program), Estimated Cost and Possible Funding Agency (if high priority), Estimated Date of Completion (if study) OR Other Comments E -§, -§, .$ -€î õ õ ~ a; aJ Responsible Agency or ~ I I ~ ~ z_ ~ t5 ~ w Department (Required if ""0 W Q) 0 Q) 0:-2 . . e ¡:. o:;;:õ _ >1= Z <J) EXlstmg Program, Very a.. Q) "'=='" co Q) W c. . cr¡ > "'" -g g]11;) 8 High, High, or Under oS ::J c. a. 0 Study) C/) DoOU .- « L- x _ C. W oc. z« M Government Specific Mitigation Strategy Code Color Cupertino Administrative Services Society Efforts to Identify and Mitigate Hazards Cupertino Office of I Participation in County Emergency Services Emergency Managers ¡Association and various ! subcommittees Multi-Jurisdictional and Professiona x ilL x Develop a business continuity plan that includes back-up storage of vital records such as essential medical records and financial information. GOVT - c - Participate in National, State, Promote information sharing among overlapping and neighboring local governments, including cities, counties, and special districts, as well as utilities, 25 GOVT -b 1) GOVT-c GOVT-c Disaster Council/Citizen Corps Council established Participation in County Emergency Managers Association Cupertino Office of Emergency Services x 2) i Recognize that emergency services is more than the coordination of police and fire response, for it also includes planning activities with providers of water, food, energy, transportation, financial, information and public health services. GOVT-c Santa Clara Valley Water District x x Recognize that a multi-agency approach is needed to mitigate flooding by having flood control districts, cities, counties, and utilities meet at least annually to jointly discuss their a capital improvement programs for most effectively reducing the threat of storm- induced flooding, As new flood-control projects are completed, request that FEMA revise its flood-insurance rate maps and digital geographic information system data to reflect flood risks as accurately as possible. 3) 4) GOVT-c GOVT-c --.-....- Cupertino Public Works ' 70f9 x 5)! Participate in FEMA's National Flood ilnsurance Program, GOVT -c ~ \' \ (""I '-- Ordinance or Resolution # (if existing program), Estimated Cost and Possible Funding Agency (if high priority), Estimated Date of Completion (if study) OR Other Comments E '§, '§, 2 -ð õ õ ~ Q ~ Responsible Agency or ~ ':ï: ':ï: ~ .a z_::: t5 ~ (¡¡Department (Required if e ~ '8 ~ ~ o_,¡g ~ ~Existing Program, Very a.. Q) 00:::: Q) co QJ We. . '" > "" -g g]1 1;5 8 High, High, or Under J5 ~ 0. C. 0 Study) en Q.ou .- « '- x ~ 0. LU 00. z« M Government Santa Clara County Fire Department x Color Code Specific Mitigation Strategy GOVT -c 6) I Participate in multi-agency efforts to mitigate fire threat, such as the Hills Emergency Forum (in the east Bay), various FireSafe Council programs, and city-utility task forces. Santa Clara County Fire Department Cupertino Office of Emergency Services 80f9 x x x 7) Work with major employers and agencies that handle hazardous materials to coordinate mitigation efforts for the possible release of these materials due to a natural disaster such as an earthquake, flood, fire, or landslide 8) Encourage staff to participate in effort!¡ by professional organizations to mitigate earthquake and landslide disaster losses, such as the efforts of the Northern California Chapter of the Earthquake Engineering Research Institute, the East Bay-Peninsula Chapter of the International Code Council, the Structural Engineers Association of Northern California, and the American Society of Grading Officials. 9) Conduct and/or promote attendance at local lor regional hazard conferences and workshops for elected officials to educate the officials on the critical need for programs in mitigating earthquake, wildfire, flood, and landslide hazards. GOVT-c GOVT-c GOVT-c ~ r- \ (""'\ - Ordinance or Resolution # (if existing program), Estimated Cost and Possible Funding Agency (if high priority), Estimated Date of Completion (if study) OR Other Comments -ð' õ õ ~ Q) ~ Responsible Agency or ~ z. ~ 1j ::: IDDepartment (Required if V.I Q) 0 Q) 0 ~ .. ID :c - i\j Z ~ EXisting Program, Very -g ,g ~ ¡¡; 8 High, High, or Under :;:) c. 0. 0 Study) C.ou « ~ _c. o c. Z« .ß! ~ '" ." o :; E .<:: .<:: en .2> g> ~ I I e ~ (L '" C> > c: "" VJ 'x w M Government Specific Mitigation Strategy Color Code GOVT-c 10) As needed with various agencies. Memorandum of Understanding between the City of Cupertino and the Collaborative for Disaster Mitigation at San Jose State University Cupertino Office of Emergency Services, Cupertino Public Works 90f9 X Cooperate with researchers working on government-funded projects to refine information on hazards, for example, by expediting the permit and approval process for installation of seismic arrays, gravity survey instruments, borehole drilling, fault trenching, landslide mapping, flood modeling and/or damage data collection -...!;) \' \ (""' - Ordinance or Resolution # (if existing program), Estimated Cost and Possible Funding Agency (if high priority), Estimated Date of Completion (if study) OR Other Comments -€;' õ õ ~ Q) aJ Responsible Agency or ~ zz·_>- \- cn~ ,~ü ~ Q) Department (Required if WOQ)o:O .. (¡; :<5 - iD z ¡¡; EXisting Program, Very 'C '" Q) c: H' h c: g]! 1ií 8 High, Ig, or Under ::J a. c. 0 Study) a.ou « ~ ~a. o a. z« E .£:. ..c::: Q.) ro .Q) en --'" ~ :I: J: .... e ~ ~ n. Q) 0 en > ::;: ,S; 1ií 'x ill Education Miti Specific Mitigation Strategy Cupertino Unified Schoo District, Fremont Union High School District, Foothill/DeAnza Community College Cupertino Unified Scho District, Fremont Union High School District Foothill/DeAnza Community College District X EDUC - a - Focus on Critical Facilities IAssess the vulnerability of critical education Ifacilities to damage in natural disasters and ,make recommendations for appropriate 'mitigation X n Retrofit or replace critical education facilities that are shown to be vulnerable to damage natural disasters, Cupertino Unified Schoo District, Fremont Union High School District, Foothill/DeAnza Community College Cupertino Unified Schoo District, Fremont Union High School District, Foothill/DeAnza Community College District X Conduct comprehensive programs to identify and mitigate problems with facility contents, architectural components, and equipment that will prevent critical buildings from being functional after major disasters, X As a secondary focus, assess the vulnerability of non-critical educational facilities to damage in natural disasters based on occupancy and structural type, make recommendations on priorities for structural occupancy reductions, Color Code EDUC-a EDUC-a 1) EDUC-a 2) --- EDUC-a 3) EDUC-a 4) mprovements or and identify potential of4 C' C' \ t'^ - Education Mitigation Strategies Ordinance or Resolution # (if existing program), Estimated Cost and Possible Funding Agency (if high priority), Estimated Date of Completion (if study) OR Other Comments iJ õ õ ~ ã) -g Responsible Agency or :J Z Z .- >- \- :;:, . ~ õ _ OJ Department (Required if \NQ)oQJo:g .. (¡; :c - :a::w z !II EXisting Program, Very ro Q) c. . -g ,g ~ tí 8 High, High, or Under => a. a. 0 Study) o.oü « ~ _a. o a. z« E .c. .c. ()) ro .Q> OJ -:;: Ì5'1 J: i: ~ e ~ ~ c.. OJ 0 C) > ::¡; .!: tí ~ Specific Mitigation Strategy Code Color Cupertino Unified Schoo District, Fremont Union High School District, FoothilllDeAnza Community College District Cupertino Unified School¡CA Ed, Code Section District, Fremont Union i4001,5 High School District, FoothilllDeAnza Community College District, Red Cross X Participate in or facilitate adoption of a program to formalize arrangements with structural engineers to report to the district, assess damage, and determine if the buildings can be reoccupied. The program should be similar to San Francisco's Building Occupancy Resumption Program (BORP) that permits owners of buildings to hire qualified structural engineers to create building-specific post-disaster inspection plans and allows these engineers to become automatically deputized as inspectors for these buildings in the event of an earthquake or other disaster. Unlike the buildings of mos special districts, however, these plans should be developed with the review and guidance of thp. ni\li~i()n nf thp. ~:::t:=ltp Arrhitpr.t hp/"":::II J~P EDUC - b - Use of Educational Facilities as Emergency Shelters Work cooperatively with the American Red 'x I I Cross and others to set up memoranda of understanding for use of education facilities I as emergency shelters following disasters. 5) 1 EDUC-a EDUC-b EDUC-b CA Ed. Code Section 4001.5 School District Red Cross Co. OES X 20f4 Work cooperatively to ensure that school district personnel and relevant staff understand and are trained that being designated by the American Red Cross or others as a potential emergency shelter does not mean that the school has had a hazard or structural evaluation to ensure that it can be 2) EDUC-b ~ c- \ C'" - Ordinance or Resolution (if existing program), Estimated Cost and Possible Funding Agency (if high priority), Estimated Date of Completion (if study) OR Other Comments District Policy # -ð õ õ ~ ã) ij¡ Responsible Agency or ~ z z .- >- .... û5 - ~ õ - <1> Department (Required if <1>OS°:2E't' P V (¡; :c - UJ Z <J) XIS Ing rogram, ery -g g ~ t) 8 High, High, or Under :;:¡ a. a. 0 Study o.ou « ~ _a. 00. Z« Ed ucation M E ..c .s::; Q) ro .!2> .!2> 15 ìs,J:J:ÕJ o è:' ." ~ QJ 0 > ::;: '" c: t1 'x ill Specific Mitigation Strategy Training information and preparedness materials included in school newsietters and school district websites to Families About Emergencies I Cupertino OES EDUC - c - Use of Schools as Conduits for Information Work on and/or support efforts by schools, x local governments, and other agencies to utilize their unique ability to reach families through educational materials on hazards, mitigation, and preparedness, particularly after disasters and at the beginning of the school year. These efforts will not only make the entire community more disaster-resistant, but speed the return of schools from use as x Work cooperatively to ensure that school district personnel understand and are trained that they are designated as disaster service workers and must remain at the school untii released Training information and preparedness materials included in schooi newsletters and school district websites, Fire Department conducts annual fire drills Santa Clara County Fire Department, Cupertino OES -+, X , . - - Work on and/or support joint efforts of schools and fire jurisdictions to develop plans for evacuation or sheltering in place of school children during periods of high fire danger, thereby recognizing that overloading of streets near schools by parents attempting to pick up their children during these periods can restrict access by fire personnel and equipment. Color Code EDUC-b 3) EDUC-c EDUC-c 1) EDUC-c 2) Cupertino OES 30f4 x 3) I Offer the 20-hour basic CERT training to teachers and after-school personnel. EDUC-c \j'- r- \ \'"' - Ordinance or Resolution # (if existing program), Estimated Cost and Possible Funding Agency (i high priority), Estimated Date of Completion (if study) OR Other Comments ~ õ õ g! Q; ã1 Responsible Agency or (j).a z.::: 'fj ::: a; Department (Required if WQ(].)O'O .. a; :c . iD z ë/j EXisting Program, Very -g g:ffi t) 8 High, High, or Under ::J a. 5. 0 Study) o.oü « ~ _a. o a. z« Cupertino OES Cupertino OES X Education M -- Color Code I Specific Mitigation Strategy E .c .c .$ ~ ,g> ,g> ~ OJ J: J: Q) e ~ '0 I c.. Q) 0 I > :2 I OJ c "" <J) i 'x I w EDUC-c 4) I Offer the 20-hour basic CERT training to I X I middle school and/or high school students as I a part of the basic science or civics I Icurriculum, as an after school club, or as a EDUC-c 5) I Offer the 20-hour basic CERT training course through the Adult School system and/or Ithrough the Community College system, Cupertino Unified School I District and site emergency Oistrict, Fremont Union ,plans High School District, FoothilllDeAnza Community College District X 6) I Develop and maintain the capacity for schools to take care of the students for the first 48 hours after a disaster, and notify parents that ,this capacity exists, EDUC-c Cupertino Unified SChOOI ' Materials available on City District, Fremont Union website High School District, Foothill/DeAnza Community College x 40f4 Develop and distribute culturally appropriate materials related to disaster mitigation and preparedness, such as those on the http://www, website 7) EDUC-c ~ \ ('" Ordinance or Resolution # (if existing program), Estimated Cost and Possible Funding Agency (if high priority), Estimated Date of Completion (if study) OR Other Comments E '§, '§, .$ ~ Õ Õ ~ Q) ¡¡ Responsible Agency or ~ J: J: ~ -Cf)" z_:: 13 :: ID Department (Required if >. "C <VoQJo:g.. e '-' 0 ~ :c - ""w z '" EXisting Program, Very a.. Q) :2 Q) ro Q) c: tJ) > -g g § 1i) 8 High, High, or Under ~ => a. a. 0 Study VJ Q.ou .- « I- Wx _0- o 0- z« M ronment Env Specific Mitigation Strategy CA Environmental Quality Act (state law), Cupertino General Plan, Cupertino Municipal Code Cupertino Community Development ENVI a - Environmental Sustainability and Pollution Reduction Continue to enforce State-mandated x I as the California reqUirements, such Environmental Quality Act, to ensure that mitigation activities for hazards, such as vegetation clearance programs for fire threat and seismic retrofits, are conducted in a way that reduces environmental degradation such as air quality impacts, noise during construction, and loss of sensitive habitats and species, while respecting the community value of historic preservation CA Environmental Quality Act (state law), Cupertino General Plan, Cupertino Municipal Code Cupertino Community Development x x of4 1 x Encourage regulatory agencies to work collaboratively with safety professionals to develop creative mitigation strategies that effectively balance environmental and safety needs, particularly to meet critical wildfire, flood, and earthquake safety levels. Continue to enforce andlor comply with State- mandated requirements, such as the California Environmental Quality Act and environmental regulations to ensure that urban development is conducted in a way to minimize air pollution. For example, air pollution levels can lead to global warming, and then to drought, increased vegetation susceptibility to disease (such as pine bark Develop and implement a comprehensive program for watershed maintenance, optimizing forest health with water yield to balance water supply, flooding, fire, and erosion concerns, l Color Code ENVI-a ENVI-a 1 -~_.- ENVI-a 2 ENVI-a 3) -- ENVI-a 4) -- ~ \ (""'\ '- M Environment Ordinance or Resolution # (if existing program), Estimated Cost and Possible Funding Agency (if high priority), Estimated Date of Completion (if study) OR Other Comments ?ì õ õ ~ Qj ~ Responsible Agency or (f)2 z_:: ij :: (¡; Department (Required if (l) 0 Q) 0"0 .. ~Q) :c - "" Z ,;; EXisting Program, Very co Q,)W c: . . -g g ~ 1ií 8 High, High, or Under ::J a. a. 0 Study a.ou « ~ _a. o a. z« E .c: .c: Q) en .2> 0> .- æ :r: J: ~ e ~ ~ D- Q) 0 C> > ::¡; ,ç 1ií 'x w ~- Specific Mitigation Strategy Code Color Santa Clara Valley Water District X x Cupertino Public Works Cupertino Municipal Code ..-- Cupertino Public Works Cupertino Municipal Code x 20f4 x x Balance the need for the smooth flow of storm waters versus the need to maintain wildlife habitat by developing and implementing a comprehensive Streambed Vegetation Management Plan that ensures the efficacy of flood control efforts and maintains the viability of living rivers Stay informed of emerging scientific information on the subject of rising sea levels, especially on additional actions that local governments can take to mitigate this hazard 5) ENVI-a 6) ENVI-a Monitor the science associated with global warming to be able to act promptly when data become available to warrant special design and engineering of government-owned facilities located in low-lying areas, such as wastewater treatment plants, ports, and airports, Comply with applicable performance standards of any National Pollutant Discharge Elimination System municipal stormwater permit that seeks to manage increases in stormwater run-off flows from new development and redevelopment construction projects. Enforce andlor comply with the grading, erosion, and sedimentation requirements by prohibiting the discharge of concentrated stormwater flows by other than approved methods that seek to minimize associated pollution 7) 8) 9) L ENVi-a ENVI-a ENVI-a ~ ~ \ r '-- Ordinance or Resolution # (if existing program), Estimated Cost and Possible Funding Agency (if high priority), Estimated Date of Completion (if study) OR Other Comments Cupertino Municipal Code -€;' õ õ ~ Q) a¡ Responsible Agency or ~ Z_:: tj :: (¡; Department (Required if u,1 CD 0 Q) 0"0 .. (¡; :c - iTI Z ëñ EXisting Program, Very -g g.~ 1ií 8 High, High, or Under :;¡ a. 5. 0 Study) a.oü « ~ _a. o a. Z« E ~ .c. Q) co .~ C) ~ rn :r: Ï ~ e ~ ~ a. Q 0 ",> :2 c: "" U> ';:¡ W M ronment Env Specific Mitigation Strategy Code Color Cupertino Community Development X X Cupertino Municipal Code Cupertino Service Cente Explore ways to require that hazardous materials stored in the flood zone be elevated or otherwise protected from flood waters. Enforce and/or comply with the hazardous materials requirements of the State of California Certified Unified Program Agency (CUPA) 10) ENVI-a 11 ENVI-a Cupertino General Plan Cupertino Public Works 2) I Provide Information on hazardous waste disposal and/or drop off locations, ENVI-a Santa Clara Valley Water District X County Dept of Agriculture X 30f4 Develop and implement a program to control invasive and exotic species that contribute to fire and flooding hazards (such as eucalyptus, cattails, and cordgrass). Enforce provisions under creek protection, X stormwater management, and discharge control ordinances designed to keep watercourses free of obstructions and to protect drainage facilities to confirm with the Regional Water Quality Control Board's Best Management Practices. . , ENVI . b - Agricultural and Aquaculture Resilience Maintain a variety of crops in rural areas of the I region to increase agricultural diversity and Promote and maintain the public-private x partnerships dedicated to preventing the introduction of agricultural pests into regionally- significant crops, such as the glassy-winged sharpshooter into vineyards x 3) 4) ENVI-a ENVI-b ENVI-b ENVI-a 1) 2 ENVI-b M ~ ("'\ - Ordinance or Resolution # (if existing program), Estimated Cost and Possible Funding Agency (if high priority), Estimated Date of Completion (if study) OR Other Comments .¡;- õ õ ~ c¡¡ -g Responsible Agency or :;) z Z .- >- '- cn~ - ~ õ ~ Q) Department (Required if Q) 0 Q) 03:! .. (¡¡ :ñ - æ z ~ EXisting Program, Very -g g:ffi 1ñ 8 High, High, or Under ::> Cl. a. 0 Study) Cl.oü « ~ ~Cl. o Cl. z« x County Dept of Agricuiture 40f4 M EJ::J::Q) O>O>~ co .- ._ ro æ J: :I: w o ~ "U c: Q) 0 > ::;: 0> c: ~ 'x w x ronment 3) Remove septic tanks and other sources of contamination adjacent to economically- significant aquacultural and agricultural resources. 4) Encourage livestock operators to develop an early-warning system to detect animals with communicable diseases (due to natural causes or bioterrorism) Env Specific Mitigation Strategy Code ENVI-b ENVI-b Color ~ ~ \ ('<ì - õ õ Ordinance or Resolution # z. ::: Responsible Agency or (if existing program), ,., ~ 0_ ~ Department (Required if Estimated Cost and :3 g]l ~ ¥ Existing Program, Very Possible Funding Agency (if ~ §: g. ifu; ~ High, High, or Under high priority), Estimated ~ ~ c. iit ~ Study) Date of Completion (if study) :5 ~ ~ ~ 8 OR Other Comments I Cupertino Community Cupertino Municipal Code, Development Cupertino General Plan Cupertino Community Cupertino Municipal Code, Development Cupertino General Plan Cupertino Community Cupertino Municipal Code, Development Cupertino General Plan Land Use Mitigation Strategies E ['I '" e n...s:::: Q) C'J.Q> ro :§ I w (/) ~ ..c: -0 .- 1:...- en 0 x Q) .- W > :I: :¡; LAND - a - Earthquake Hazard Studies for New Developments Enforce and/or comply with the State- Ix I mandated requirement that site-specific geologic reports be prepared for development proposals within Alquist-Priolo Earthquake Fault Zones, and restrict the placement of structures for human occupancy. (This Act is intended to deal with the specific hazard of active faults that extend to the earth's surface, creating a surface rupture hazard Specific Mitigation Strategy x Require preparation of site-specific geologic or geotechnical reports for development and redevelopment proposals in areas subject to earthquake-induced landslides or liquefaction as mandated by the State Seismic Hazard Mapping Act in selected portions of the Bay Area where these maps have been completed, and condition project approval on the incorporation of necessary mitigation measures related to site remediation, structure and foundation design, and/o avoidance. of5 1 Recognizing that some faults may be a hazardlx for surface rupture, even though they do not meet the strict criteria imposed by the Alquist- Priolo Earthquake Fault Zoning Act, identify and require geologic reports in areas adjacent to locally-significant faults. Color Code LAND-a LAND-a 1 LAND-a 2) LAND-a 3) ~ ~ \ (""'\ - itigation Strategies Land Use M Ordinance or Resolution # (if existing program), Estimated Cost and Possible Funding Agency (if high priority), Estimated Date of Completion (if study) OR Other Comments Responsible Agency or Department (Required if Existing Program, Very High, High, or Under Study) Cupertino Municipal Code, Cupertino General Plan, California State Law ~ ~ o 0 zz !iOQ.) >. ..c _ > '0 ro Q):,¡:; '0 .a~~~~ (/) Cl.....~Q) ..... C. g-wQ) 32 Q) « I- ...>- (/) u......a.ø.-c:: c:: 0 c.. 000 :J Z <t: t:IZ () ICupertino Community Development '" m ~ '" '0 o :2 E ~ C) e a. .<:: 0) .2J c: :I: ~ ~ -§, >< Q) .- W > :I: Specific Mitigation Strategy x Recognizing that the California Geoiogical Survey has not completed earthquake- induced landslide and liquefaction mapping for much of the Bay Area, identify and require geologic reports in areas mapped by others as having significant liquefaction or landslide x hazards Support andlor facilitate efforts by the California Geological Survey to complete the earthquake-induced landslide and liquefaction mapping for the Bay Area x Require that local government reviews of geologic and engineering studies are conducted by appropriately trained and credentialed personnel. Wildland and Structurai Fires Cupertino Municipal Code, Cupertino General Plan Cupertino Community Development x LAND - b 1) I Review development proposals to ensure that they incorporate required and appropriate fire- mitigation measures, including adequate provisions for occupant evacuation and access by emergency response personnel and equipment. Color Code LAND-a 4) LAND-a 5) LAND-a 6) Cupertino Municipal Code, Cupertino General Plan Cupertino Community Development 2 of 5 to Develop a clear legislative and regulatory framework at both the state and localleveis manage the wildland-urban-interface consistent with Fire Wise and sustainable community principles. LAND - c - Floodin 2) LAND-b LAND-b LAND-b LAND-c .~ ~ ~ --- Land Use M Ordinance or Resolution # (if existing program), Estimated Cost and Possible Funding Agency (if high priority), Estimated Date of Completion (if study) OR Other Comments Responsible Agency or Department (Required if Existing Program, Very High, High, or Under Study Cupertino Municipal Code, Cupertino General Plan ~ ~ o 0 zz -º=!- 0 Q) >- .c ~> "C ttI Q):¡:::¡ "'0 .a~:ffig~ (/) Q."-tÞ--Q) "- c.. g-wG>:!2 Q) <C,-...>(/) "C ....a.rn......c c: 0 a.. 000 ::> Z«ClZU , I Cupertino Community Development E ['! C> e a..<:: Q) en·Q) ñ5 c::r: ~ :.0 Q) .!Q ~ -§, -g >< Q) .- w > :r: :2 Specific Mitigation Strategy x Establish and enforce requirements for new development so that site-specific designs and source-control techniques are used to manage peak stormwater runoff fiows and impacts from increased runoff volumes, 1 Color Code LAND-c I I Cupertino Public Works Cupertino Municipal Code, Cupertino General Plan Cupertino Community Cupertino Municipal Code, Development Cupertino General Plan Cupertino Community Cupertino Municipal Code, Development Cupertino General Plan ¡Cupertino Community Cupertino Municipal Code, Development Cupertino General Plan x ncorporate FEMA guidelines and suggested activities into local government plans and procedures for managing fiood hazards. 2 LAND-c 30f5 x x Provide an institutional mechanism to ensure that development proposals adjacent to floodways and in floodplains are referred to flood control districts and wastewater agencies for review and comment (consistent with the NPDES program), Establish and enforce provisions (under subdivision ordinances or other means) tha geotechnical and soil-hazard investigations be conducted and filed to prevent grading from creating unstable slopes, and that any necessary corrective actions be taken prior to developmen roval Establish and enforce regulations concerning new construction (and major improvements to existing structures) within fiood zones in order to be in compliance with federal requirements and, thus, be a participant in the Community Rating System of the National Flood Insurance Proaram. LAN D - d - Landslides and Erosion 1 3) 4) LAND-c LAND-d LAND-d LAND-c ~ \'<ì '-- Ordinance or Resolution # (if existing program), Estimated Cost and Possible Funding Agency (if high priority), Estimated Date of Completion (if study) OR Other Comments Cupertino Municipal Code, Cupertino General Plan - - o 0 ZZ ~OtV >. ..Q - > "'C ctI Q):.¡::¡ '"0 .a g~ irl ~ (f) C. \- :t:-- Q) I- C. §-WID:'Q Q) «1.-.>'00 "'C .....a.OO""t:: c 00.000 ::::J Z«(JZÜ I ¡Cupertino Community , Development Land Use M Responsible Agency or Department (Required if Existing Program, Very High, High, or Under Study) E m ~ '" o à:.c. OJ O).Q> m c: I ~ :.¡::¡ ~ .c Q) U) 1:...- C> "'C 'x Q) ._ 0 W > I :;: Specific Mitigation Strategy Ix I Cupertino Community Cupertino Municipal Code, Development Cupertino General Plan Cupertino Community Cupertino Municipal Code, Development Cupertino General Plan Cupertino Community Cupertino Municipal Code, Development Cupertino General Plan Cupertino Community Cupertino Municipal Code, Development Cupertino General Plan Cupertino Community Cupertino Municipal Code, Development Cupertino General Plan x x x Require that local government reviews of these investigations are conducted by appropriately trained and credentialed personnel. Establish and enforce grading, erosion, and sedimentation ordinances by requiring, under certain conditions, grading permits and plans to control erosion and sedimentation prior to development approval. Establish and enforce provisions under the creek protection, storm water management, and discharge control ordinances designed to control erosion and sedimentation. ~_. Establish requirements in zoning ordinances to address hillside development constraints, especially in areas of existing landslides. LAND - e - Hillside - Multi-Hazard Establish a buffer zone between residential properties and landslide or wildfire hazard x x to Revitalize Urban Areas and Promote Sustainability that serves 'x I Color Code LAND-d I 2) I LAND-d 3) LAND-d 4) -- LAND-d 5) LAND-e LAND-e 1) LAND-e 2) LAND-f LAND-f 1 Discourage, add additional mitigation strategies, or prevent construction on slopes greater than a set percentage, such as 15%, due to landslide or wildfire hazard concerns 40f5 LAND - f - Smart Growth Prioritize retrofit of infrastructure urban areas over constructing new 'nfrastructure to serve outlying areas on StrategJes land Use Miti ~ ~ \ (""'\ --- Ordinance or Resolution # (if existing program), Estimated Cost and Possible Funding Agency (if high priority), Estimated Date of Completion (if study) OR Other Comments - - o 0 ~ z_ :: Responsible Agency or 8> >- ~ o. ~ Department (Required if ã: -§, 2 2 ~.~ ~ ~ Existing Program, Very g>:E ~ ~ 8: g. i\Jã; fJ High, High, or Under t; ~ .c ~ Q) « ~ ...>- <J) Study) 'x Q.) .21 0 -g õ §: ~ a W > I ::;; :::J Z«UZÜ Specific Mitigation Strategy Color Code LAND-f I I x x 2) Work to retrofit homes in older areas to provide safe housing close to job centers, 3) ¡Work to retrofit older downtown areas to protect architectural diversity and promote ¡ disaster-resistance. LAND-f x 5 of 5 x 4) 'protect as open space areas susceptible to extreme hazards. 5) Provide new buffers and preserve existing buffers between development and existing users of large amounts of hazardous materials, such as major industry, due to the potential for catastrophic releases due to an ,earthquake or terrorism. (Flooding might also result in release or spread of these materials, however it is unlikely.) LAND-f LAND-f i~J ;m·~··\· " . .'~ ;&"'.,/ ,2;¡;Y I. ~ 10300 Torre Avenue Cupertino, CA 95014 (408) 777-3308 FAX (408) 777-3333 Community Development Deparhnent CITY OF CUPEIQ1NO SUMMARY AGENDA NO,~ AGENDA DATE May 17, 2005 APPLICATION SUMMARY: Consider a Use Permit application for a restaurant, bar and nightclub; a General Plan Amendment to change the land use designation from Parks to Commercial to accommodate an existing restaurant, bar and nightclub; and the Rezoning of a two-acre parcel from Public Park or Recreation (PR) to Planned Commercial (P-Com) RECOMMENDATION: The Planning Commission recommends denial (on a 2-2 vote) of: 1. EA-2005-04 Negative Declaration 2, U-2005-05 Use Permit for a restaurant, bar and nightclub 3, GP A-2005-02 General Plan Amendment to change the land use designation from Parks to Commercial to accommodate an existing restaurant, bar and nightclub 4. Z-2005-03 Rezoning of a two-acre parcel from Public Park or Recreation (PR) to Planned Commercial (P-Com) Project Data: Genera] Plan Designation: Parks Zoning Designation! Public Park or Recreation (PR) Project Consistency with: General Plan: No (change is required) Zoning: No (change is required) Environmental Assessment: Negative Declaration BACKGROUND: The City is requesting a General Plan amendment/ zone change for the Blue Pheasant property so that the new business owner may apply for a Use Permit to operate a bar and nightclub. The nightclub operation is a conditional use in a commercial zoning district. Conditional uses are not permitted in the park/recreation zone. Furthermore, a nightclub is not a typical use in a park zoning-district; the land use is more appropriately designated as commercial. Printed on Recycled Paper It../~I U-200S-0S, GP A-200S-02, Z-200S-03 (EA-2005-04) Blue Pheasant Restaurant Page 2 of 4 May 11, 2005 The city of Cupertino acquired the Blue Pheasant Restaurant with Blackberry Farm Picnic Grounds and Golf Course in 1991, At the time of purchase, the Rasmussens, the current business owners of the Blue Pheasant, were in the final years of a 10-year lease, with an option to renew for an additional 10 years, Eighteen months before the lease expired (March 31,2004), staff met with the owners and ultimately negotiated terms of a lease based on an 11 PM closure. Subsequent to signing of the lease, the owners determined that an 11 PM closure was not viable, The Rasmussens are currently open until 2 AM in violation of the lease; the City is pursuing the 11 PM closure in court, The Rasmussens have decided to sell the business, A perspective owner, Michael Tsachres, is in escrow to purchase the business and would like to pursue a Conditional Use Permit to operate the bar and nightclub until midnight and 1 AM (weekdays and weekends, respectively), He has met with neighbors and has summarized their concerns in the attached memo, He is proposing solutions to address their concerns, while still operating a viable business. As the City is the property owner, the Parks and Recreation Director is the applicant for the General Plan amendment and zone change. Mr. Tsachres is applying for the Use Permit. DISCUSSION: Community outreach: A city-wide mailing notified property owners of the Planning Commission and City Council hearing dates for this application. In addition, Mr. Tsachres mailed invitations to approximately 600 property owners to a community meeting he held on April 18, 2005. Parking and noise issues were the foremost concerns of the residents. A summary of the meeting is enclosed. Parking and Noise: Adequate parking exists for the nightclub use, in accordance with Cupertino's parking ordinance. However, actual nightclub parking has overflowed into the adjacent neighborhood, creating late-night disturbances for the neighbors. For the past three weeks, as part of the analysis for this application, the buyer has obtained permission from the seller to use hired security to enforce occupancy limits at the door. The result has been a less crowded bar with fewer parking problems, leading to the conclusion that if the occupancy limits were strictly enforced, many of the problems would be solved. )L -a U-2005-05, GP A-2005-02, Z-2005-03 (EA-2005-04) Blue Pheasant Restaurant Page 3 of 4 May 11, 2005 Mitigation measures to address parking and noise impacts are proposed as conditions of approval. They are: » Reduce business hours from 2 AM, to 12 midnight Sunday to Wednesday and 1:00 AM. Thursday through Saturday » Not allow any new customers after 12 midnight Thursday through Saturday » Not serve drinks after 12:30 AM. Thursday through Saturday » Have the employees park on the street, not the customers, which makes more parking available in the parking lot » Have employees in the parking lot at closing time on Friday and Saturday nights to ensure orderly departures » Enforce maximum occupancy In addition, a six-month review by the Planning Commission for conformance with the conditions of approval was recommended. Additional parking solutions, such as providing parking on the interior frontage road, could be implemented if necessary, Planning Commission: A motion to approve the applications was denied on a 2-2 vote (Chen, Giefer yes, Miller, Wong no). Included in the motion was that the General Plan and zoning changes be to a Parks/Commercial designation, Commissioner Wong stated that he did not support the nightclub late hours, and that the neighborhood needs relief from negative impacts, He did not have enough information on parking solutions. Commissioner Miller also did not have enough parking information, and believes the nightclub is not a compatible use in the neighborhood. He also has concerns about "spot zoning" the site for commercial uses, Public; Seven members of the public spoke on the applications, Five spoke in opposition due to neighborhood impacts; one requested that additional on-site parking be provided and another spoke in favor. Resident emails and comments are enclosed in the packet. Staff: Staff pointed out that the use permit gives the City control over the nightclub operation, which it would not otherwise have. The prospective owner of the business is the best-qualified applicant the City has considered, and the only one approved by the Council for assignment of the lease. Prepared by: Ciddy Wordell, City Planner H-~ U-200S-0S, GP A-200S-02, Z-200S-03 (EA-200S-04) Blue Pheasant Restaurant Page 4 of 4 May 11, 2005 SUBM]TTED BY: APPROVED BY: ,) )Þi David W. Knapp City Manager S ve Piasecki Director of Community Development Enclosures: Planning Commission Resolutions 6298, 6299, 6300 City Council Model Resolutions Initial Study Negative Declaration May 10 Planning COmTIÙssion Report and Exhibits Public Comments G:plarmingl pdreportl eel ccU-200S-0S H -t.1 U-2005-05 CITY OF CUPERTINO 10300 Torre Avenue Cupertino, California 95014 RESOLUTION NO. 6298 OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO RECOMMENDING DENIAL OF A USE PERMIT FOR A RESTAURANT, BAR AND NIGHTCLUB LOCATED AT 22100 STEVENS CREEK BOULEVARD SECTION I: PROTECT DESCRIPTION Application No(s): Applicant: Location: U-2005-05 (EA-2005-04) City of Cupertino (Blue Pheasant Restaurant) 22100 Stevens Creek Boulevard SECTION II: FINDINGS FOR USE PERMIT WHEREAS, the Planning Commission of the City of Cupertino received an application for a Use Permit, as described in Section II, of this Resolution; and WHEREAS, the necessary public notices have been given in accordance with the Procedural Ordinance of the City of Cupertino, and the Planning Commission has held one or more public hearings on this matter; and WHEREAS, the applicant has not met the burden of proof required to support said application; and has not satisfied the following requirements: 1) The proposed use, at the proposed location, will not be detrimental or injurious to property or improvements in the vicinity, and will not be detrimental to the public health, safety, general welfare, or convenience; 2) The proposed use will be located and conducted in a manner in accord with the Cupertino Comprehensive General Plan and the purpose of this title. NOW, THEREFORE, BE IT RESOLVED: That after careful consideration of maps, facts, exhibits, testimony and other evidence submitted in this matter, the application for Use Permit is hereby recommended for denial. ILf- :5 Resolution No. 6298 Denial U-200S-0S May 10, 2005 Page 2 That the subconclusions upon which the findings and conditions specified in this resolution are based are contained in the public hearing record concerning Application No(s), U-200S-0S (EA-200S-04), as set forth in the Minutes of the Planning Commission Meeting of May 10, 200S, PASSED AND ADOPTED this 10th day of May 2005, at a Regular Meeting of the Planning Commission of the City of Cupertino, State of California, by the following roll call vote: AYES: NOES: ABSTAIN: ABSENT: COMMISSIONERS: Vice-Chair Miller and Chairperson Wong COMMISSIONERS: Chen and Giefer COMMISSIONERS: COMMISSIONERS: Saadati ATTEST: APPROVED: /s/ Steve Piasecki Steve Piasecki Director of Community Development / s / Gilbert Wong Gilbert Wong, Chairperson Cupertino Planning Commission G: \Planning\ PDREPORT\ RES\ U-2005-05 res.doc IY-Io GP A-2005-02 CITY OF CUPERTINO 10300 Torre Avenue Cupertino, California 95014 RESOLUTION NO, 6299 OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO RECOMMENDING DENIAL OF A GENERAL PLAN AMENDMENT TO CHANGE THE LAND USE DESIGNATION FROM PARKS TO COMMERCIAL TO ACCOMMODATE AN EXISTING RESTAURANT, BAR AND NIGHTCLUB SECTION I: PROJECT DESCRIPTION Application No.: Applicant: Project Location: GP A-2005-02 (EA-2005-04) City of Cupertino (Blue Pheasant Restaurant) 22100 Stevens Creek Boulevard SECTION II: FINDINGS WHEREAS, the Planning Commission of the City of Cupertino received an application for a General Plan Amendment, for the site described in Section I of this resolution; and WHEREAS, the Planning Commission has held a public hearing and considered public testimony from citizens and interested groups; and WHEREAS, the Planning Commission has determined that the General Plan amendment is not necessary to bring a site with an existing commercial use into conformance with the General Plan; and WHEREAS, the Planning Commission has determined that there will be significant environmental impacts since the site consists of an existing use that will have improved operating conditions. NOW, THEREFORE, BE IT RESOLVED: That after careful consideration of maps, facts, exhibits, testimony and other evidence submitted in this matter, the application for General Plan Amendment are hereby denied; and That the subconc1usions upon which the findings and conditions specified in this Resolution are based and contained in the public hearing record concerning Application No, GPA-2005- 02 as set forth in the Minutes of the Planning Commission Meeting of May 10, 2005, and are incorporated by reference though fully set forth herein. ILt- 7 Resolution No, 6299 Page 2 GP A-2005-02 May 10, 2005 PASSED AND ADOPTED this 10th day of May 2005, at a Regular Meeting of the Planning Commission of the City of Cupertino, State of California, by the following roll call vote: AYES: NOES: ABSTAIN: ABSENT: COMMISSIONERS: Vice-Chair Miller and Chairperson Wong COMMISSIONERS: Chen and Giefer COMMISSIONERS: COMMISSIONERS: Saadati ATTEST: APPROVED: /s/ Steve Piasecki Steve Piasecki Director of Community Development / s / Gilbert Wong Gilbert Wong, Chairperson Planning Commission G: \P/anning\PDREPORTlRES\ GPA-2005-02 res,doc Iy-g Z-2005-03 CITY OF CUPERTINO 10300 Torre Avenue Cupertino, California 95014 RESOLUTION NO. 6300 OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO RECOMMENDING DENIAL OF THE RE-ZONING OF A TWO-ACRE PARCEL FROM PUBLIC PARK OR RECREATION (PR) TO PLANNED COMMERCIAL (P-COM) SECTION 1: PROTECT DESCRIPTION Application No.: Applicant: Location: Z-2005-03 (EA-2005-04) City of Cupertino (Blue Pheasant Restaurant) 22100 Stevens Creek Boulevard SECTION II: FINDINGS FOR REZONING WHEREAS, the Planning Commission of the City of Cupertino received an application for the rezoning of property, as described on this Resolution; and WHEREAS, the necessary public notices have been given in accordance with the Procedural Ordinance of the City of Cupertino, and the Planning Commission has held one or more public hearings on this matter; and WHEREAS, the Planning Commission finds that the subject rezoning does not meet the following requirements: 1) That the rezoning is in conformance with the General Plan of the City of Cupertino. 2) That the property involved is adequate in size and shape to conform to the new zoning designation. 3) That the new zoning encourages the most appropriate use of land. 4) That the proposed rezoning is otherwise not detrimental to the health, safety, peace, morals and general welfare of persons residing or working in the neighborhood of subject parcels. 5) That the rezoning promotes the orderly development of the city. /4-q Resolution No, 6300 Page 2 z- 2005-03 May 10, 2005 NOW, THEREFORE, BE IT RESOLVED: That after careful consideration of maps, facts, exhibits, testimony and other evidence submitted in this matter, application no. Z-2005-03 is hereby recommended for denial; and That the subconclusions upon which the findings and conditions specified in this Resolution are based and contained in the Public Hearing record concerning Application Z-2005-03, as set forth in the Minutes of the Planning Commission Meeting of May 10, 2005 and are incorporated by reference herein. PASSED AND ADOPTED this 10th day of May 2005, at a Regular Meeting of the Planning Commission of the City of Cupertino, State of California, by the following roll call vote: AYES: NOES: ABSTAIN: ABSENT: COMMISSIONERS: Vice-Chair Miller and Chairperson Wong COMMISSIONERS: Chen and Giefer COMMISSIONERS: COMMISSIONERS: Saadati ATTEST: APPROVED: I sl Steve Piasecki Steve Piasecki Director of Community Development I s I Gilbert Wong Gilbert Wong, Chairperson Cupertino Planning Commission IY-IO RESOLUTION NO. 05-086 DRAFT A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO ADOPTING A GENERAL PLAN AMENDMENT TO CHANGE THE LAND USE DESIGNATION FROM PARKS TO COMMERCIAL, LOCATED AT 22100 STEVENS CREEK BOULEVARD. WHEREAS, the City of Cupertino initiated applications for a General Plan Amendment as described in this resolution; and WHEREAS, the necessary public notices were given in accordance with the procedure ordinance of the City of Cupertino and the City Council has held at least one public hearing on the matter; and WHEREAS, the Application No,: GP A-2005-02, request to amend the general plan land use element. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Cupertino that after careful consideration of maps, facts, exhibits, testimony and other evidence submitted in this matter, the application for General Plan Amendment, application no. GPA-2005-02 is hereby approved with the proposed property subject to the changes in the General Plan Land Use Map shown in Exhibit A. PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this 17th day of May 2005, by the following vote: Vote Members of the City Council AYES: NOES: ABSENT: ABSTAIN ATTEST: APPROVED: City Clerk Mayor, City of Cupertino /4-11 s EXHIBIT A GPA-2005-02 GENERAL PLAN EXHIBIT µ:¡ > ....... ~ Q P-. ~ ~ ~ ~ ~ P-. STEVENS CREEK LEGEND N  _ Commercial = Res 1-6 Rancho _ Parks = Res Very Low D/S D Res 0-4.4 D Res 4.4-12 = Res Low 1-S= ResMLS-10 ~ D Res 4.4-7.7 GIS IL/-Id-. ORDINANCE NO. 1962 DRAFT AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CUPERTINO REZONING OF A TWO-ACRE PARCEL FROM PUBLIC PARK OR RECREATION (PR) TO PLANNED COMMERCIAL (P-COM) WHEREAS, an application was received by the City (Application no. Z-2005-03) for the rezoning of a property to Planned Commercial (P-Com); and WHEREAS, the rezoning is consistent with the City's General Plan land use map, proposed uses and surrounding uses; and WHEREAS, upon due notice and after one public hearing the Planning Commission recommended to the City Council that the rezoning be granted; and WHEREAS, a map ofthe subject property is attached hereto as Exhibit A as a proposed amendment to the Master Zoning Map of the City of Cupertino. NOW, THEREFORE, BE IT ORDAINED AS FOLLOWS: Section ] , That the property described in attached Exhibit A is hereby rezoned to Planned Commercial (P-Com); and that Exhibit A attached hereto is made part of the Master Zoning Map of the City of Cupertino, Section 2. This ordinance shall take effect and be in force thirty (30) days after its passage. INTRODUCED at a regular meeting of the City Council of the City of Cupertino the 17th day of May, 2005 and ENACTED at a regular meeting of the City Council of the City of Cupertino the _day of ,2005, by the following vote: Vote Members of the City Council AYES: NOES: ABSENT: ABSTAIN: ATTEST: APPROVED: City Clerk Mayor, City of Cupertino ILl-I?; EXHIBIT A ~~ Z -2005-03 ZONING EXHIBIT p;.:¡ > ........ ~ Q p., <t; ......J ~ ~ p., ~ ---~--5'fEVENS- LEGEND N A c::J P - Planned Development CJ R1 - Single Family Residential CJ R1C - Single Family Residential Cluster c::J A - Agriculture _ PR - Public Park I Open Space Ð GIS /L-J -IY- City of Cupertino 10300 Torre Avenue Cupertino, CA 95014 (408) 777-3251 FAX (408) 777-3333 CUPERJINO Staff Use Only EA File No. EA-2005-04 Case File No, U-2005,05, GPA-2005-02, Z-2005-03 II,ttachments X PROJECT DESCRIPTION: Project Title: Citv of Cupertino. Blue Pheasant Project Location: 22100 Stevens Creek Boulevard Project Description: Use Permit for a restaurant, bar and niahtclub. General Plan amendment to chanae the land use desianation from Parks to Commercial to accommodate an existina restaurant. bar and niahtclub, and rezonina of a two- acre parcel from Public Park or Recreation (PR) to Planned Commercial (P-Com) Environmental Setting: Existinq restaurant. bar and niqhtclub on City propertv (Blackberry Farm). The Citv is applvinq for the General Plan and zoninq chanqe. The owner of the restaurant/bar/niqhtclub business is applvinq for the use permit. PROJECT DESCRIPTION: Site Area (ac,) - I / J' Building Coverage - % Exist. Building -_s.l. Proposed Bldg. - s.f, Zone - G.P. Designation - Assessor's Parcel No. - If Residential, Units/Gross Acre - Total# Rental/Own Bdrms Total s.f. Price Unit Type #1 Unit Type #2 Unit Type #3 Unit Type #4 Unit Type #5 Applicable Special Area Plans: (Check) o Monta Vista Design Guidelines o S. De Anza Conceptual o N, De Anza Conceptual o S. Sara-Sunny Conceptual o Stevens Crk Blvd, Conceptual o Stevens Creek Blvd. SW & Landscape If Non-Residential, Building Area - s,f. FAR - Max. Employees/Shift - _Parking Required Parking Provided Project Site is Within Cupertino Urban Service Area - YES 0 NO 0 fLf-/:5 A. CUPERTINO GENERAL PLAN SOURCES D, OUTSIDE AGENCIES (Continued) 1. Land Use Element 26. Midpeninsula Regional Open Space District 2. Public Safety Element 27. County Parks and Recreation Department 3. Housing Element 28. Cupertino Sanitary District 4. Transportation Element 29. Fremont Union High School District 5. Environmental Resources 30. Cupertino Union School District 6. Appendix A- Hillside Development 31, Pacific Gas and Electric 7. Land Use Map 32, Santa Clara County Fire Department 8. Noise Element Amendment 33. County Sheriff 9, City Ridgeline Policy 34. CAL TRANS 10, Constraint Maps 35. County Transportation Agency 36. Santa Ciara Valley Water District 8, CUPERTINO SOURCE DOCUMENTS 11. Tree Preservation ordinance 778 E. OUTSIDE AGENCY DOCUMENTS 12. City Aerial Photography Maps 37. BAAQMD Survey of Contaminant 13, "Cupertino Chronicie" (California History Excesses Center, 1976) 38. FEMA Flood Maps/SCVWD Flood Maps 14, Geological Report (site specific) 39, USDA, "Soils of Santa Clara County" 15. Parking Ordinance 1277 40, County Hazardous Waste Management 16. Zoning Map Plan 17. Zoning Code/Specific Plan Documents 41. County Heritage Resources Inventory 18. City Noise Ordinance 42. Santa Clara Valley Water District Fuel Leak Site C, CITY AGENCIES Site 43. CalEPA Hazardous Waste and 19. Community Development Dept. List Substances Site 20, Public Works Dept. 21, Parks & Recreation Department F. OTHER SOURCES 22. Cupertino Water Utility 44. Project Plan SeUApplication Materials 45. Field Reconnaissance D. OUTSIDE AGENCIES 46. Experience w/project of similar 23. County Planning Department scope/characteristics 24. Adjacent Cities' Planning Departments 47. ABAG Projection Series 25. County Departmentai of Environmental Health A. Complete ª-l! information requested on the Initial Study Cover page. LEAVE BLANK SPACES ONLY WHEN A SPECIFIC ITEM IS NOT APPLICABLE. B, Consult the Initial Study Source List; use the materials listed therein to complete, the checklist information in Categories A through O. C. You are encouraged to cite other relevant sources; if such sources are used, job in their title(s) in the "Source" column next to the question to which they relate, D. If you check any of the "YES" response to any questions, you must attach a sheet explaining the potential impact and suggest mitigation if needed. E. When explaining any yes response, label your answer clearly (Example "N - 3 Historical") Please try to respond concisely, and place as many explanatory responses as possible on each paoe, F. Upon completing the checklist, sign and date the Pre parer's Affidavit. G. Piease attach the following materials before submitting the Initial Study to the City, ,rProject Plan Set of Legislative Document ,rLocation map with site clearly marked (when applicable) It-! -((0 EVALUATION OF ENVIRONMENTAL IMPACTS: ISSUES: [and Supporting Information Sources] :>..... _ c (ãC'at) :;:;.~ ea c~ 01 C E õ.~- C,.(/) fl~.,!\-~~~~~!I~-~.~:~~.~~~!~~ proj:~t:____ _____ j a) Have a substantial adverse effect on a 0 1~~~'2~~~~st~?1~:~~~.~~.~_~~4~L._.___.______ _______ b) Substantially damage scenic resources, 0 including, but not limited to, trees, rock outcroppings, and historic buildings within a ì state scenic highway? [5,9,11,24,34,41,44] I c) Substantially degrade the existing visual , character or quality of the site and its ¡ surroundings? [1,17,19,44] I d) Create a new source of substantial light or , glare, which would adversely affect day or nighttime views in the area? [1,16,44] II. AGRICULTURE RESOURCES: In determining whether impacts to agriculturai resources are significant environmental effects, lead agencies may refer to the California Agricultural Land Evaluation and Site Assessment Model (1997) prepared by the California Dept. of Conservation as an optional model to use in assessing impacts I on agriculture and farmland_ Would the project: ! a) Convert Prime Farmland, Unique Farmland, or Farmland of Statewide Importance (Farmland), as shown on the , maps prepared pursuant to the Farmland I Mapping and Monitoring Program of the California Resources Agency, to non- agricultural use? [5,7.39] __."__~,,_,,...."..__......'''_.m"_._____'~''_'____'___'______''_~.___..'_..._._m..__._~____··""_·_"_··__"_· b) Conflict with existing zoning for i agricultural use, or a Williamson Act 1.~~~~r~~t?1~~7:~~L_..______.________. c) Involve other changes in the existing environment which, due to their location or nature, could result in conversion of Farmland, to non-agricultural use? [5,7,39] o o o _.... 0 "'c c::,;:¡ cu cu 0 cu .c u..c:::'- .... I-·-_ñi 0 1J ~':;C)c. U) C :> .- .... Q) en ~ 0 .J .- "" \,) (/) ""c c.... m¡_ .<: \,) \,) I- .- cu I/) ~ c. IJ C E 01.21- .J(/) .... \,) o cu zc. E o ! ------.-.... ---·-·-----1' o Œl I , --~~--_._._-_..__. ---------------- o o o o ...__.__.___." .----..1 o Œl I I o o Œl Œl o Œl o .._..__..____m____ .___,__.____~____.._ .......'u_"__·...___,,___· ._.....__....__..__.. o 0 Œl i , I --.---- --.---..-.-... .._,--_...._.~ o 0 Œl I _ __..__-=::.::.:::=::.::==:...:::.::.::-::.:: "-':::.:::::J ..- ---,,-------- o n. ._..m_m..___.._,,_________..__..___..·____··__·..._··__·_~·_-------.--- ----.-. -........------------ 1i--/-17 ....~ _ _ .-.-...-........-....--,.."".--..--...,.."'" _ ~__.______~_m..~_....__... -............ . ...-''"-.-... ._..._-,...".........__....._~ . -~------- ~ í :-,.... c.... 0 c.... I _ C I: I: .- ca;_ I -...... caca oëá .... I .!!! 0 0 ..c:O..c:·-.... .t::oo 0 ISSUES: ....0;:: ~ 1-=_1âo I- .- .. 0 .. <: .- 1/)'-'3' ",a. (I) ~ c. Z a. [and Supporting Information Sources] G> <: E (I) c: ._... I/) <: E E I õ.~- Q)CJ =:0 Q .~- i , ...J'- == 0 I I D..I/ I/ C ...JI/ - III. AIR QUALITY - Where available, the significance criteria established by the applicable air quality management or air I pollution control district may be relied upon ! to make the following determinations, Would -----.J I the project: -...--- --.-.---- I·····-_····.._··_·,·~~~~·~_......_·····_····~.._-_..__·__..-.......... .----.---.. , I a) Conflict with or obstruct implementation of 0 0 0 Œl 1 the applicabie air quality plan? [5,37,42,44] ! b) Violate any air quality standard or 0 0 0 Œl I I contribute substantially to an existing or I I I projected air quality violation? [5,37,42,44] i l- I i c) Result in a cumulatively considerable net 0 0 0 Œl , I increase of any criteria pollutant for which I i I the project region is non-attainment under an I I applicable federal or state ambient air quality standard (including releasing emissions which exceed quantitative thresholds for ozone precursors)? [4,37,44] d) Expose sensitive receptors to substantial 0 0 0 Œl I pollutant concentrations? [4,37,44] I Ie) Create objectionable odors affecting a 0 0 0 Œl I i substantial number of people? [4,37,44] _....._.._...._.._..~._..._~~_____..__._..___m~..._..".._..__·___~_.__..._.~____..__... ...__.._._-~- ----.....-.-..-.--- ----.....,-..-. ..-..----j IV. BIOLOGICAL RESOURCES -- Would I I the project: I i .. a) Have a substantial adverse effect, either 0 0 0 Œl directly or through habitat modifications, on i any species identified as a candidate, sensitive, or special status species in local or regional plans, policies, or regulations, or by i the California Department of Fish and Game I or u.s. Fish and Wildlife Service? ! [5,10,27,44] , i b) Have a substantial adverse effect on any 0 0 0 Œl , riparian habitat or other sensitive natural community identified in local or regional ! plans, policies, regulations or by the California Department of Fish and Game or US Fish and Wildlife Service? [5,10,27,44] ------..-..------------.....----..----- -------.-. --..-.....---... ..--..- c) Have a substantial adverse effect on 0 0 0 Œl I federally protected wetlands as defined by ì Section 404 of the Clean Water Act I. (inc:;llJcjillg,. but..no!lirnit¡;,cjt(),marsh,verllal .~~~ 14-18' ·.... ....-...........--.....-.... .....-,-...---.. ".._---_..,--".._.,,--"- "'~,,_..._...--.- ,,-...-..- >.... 0 c:'" _ c: r:::: ~ c:;:: c: -ra'" co ra 0 ns rara'" ... .!!! u u "cu .-... ..I:UU U ISSUES: ....- ~ 1-t;:£1ao 1-,- ra o ra s:::::~ en'-'j¡¡ ",c. cn~a. zc. [and Supporting Information Sources] Q C E en s:::: .-... en C E E õ.~- G)tn :!::o Q) .~- D..(f ..Jiij :;g ..J(f i pool, coastal, etc.) through direct removal, filling, hydrological interruption, or other means? [20,36,44] d) Interfere substantially with the movement 0 0 0 ]] of any native resident or migratory fish or wildlife species or with established native resident or migratory wildlife corridors, or I I impede the use of native wildlife nursery sites? [5,10,12,21,26] -·----~I -,,_.__.~._...._._--------_._-----_._...._-'_.._.._.. _._....._._-_.-~.- -----_._~..._--_.- - -.-,---.---- e) Conflict with any local policies or 0 0 0 ]] I ordinances protecting biological resources, such as a tree preservation policy or I ordinance? [11,12,41] I I i i f) Conflict with the provisions of an adopted , Habitat Conservation Plan, Natural 0 0 0 ]] I Community Conservation Plan, or other i approved local, regional, or state habitat I conservation plan? [5,10,26,27] I i V. CULTURAL RESOURCES -- Would the i project: a) Cause a substantial adverse change in 0 0 0 ]] the significance of a historical resource as defined in §15064.5? [5,13,41] I b) Cause a substantial adverse change in 0 0 0 ]] I ! the significance of an archaeological resource pursuant to §15064.5? [5,13,41] c) Directly or indirectly destroy a unique 0 0 0 ]] paleontological resource or site or unique geologic feature? [5,13,41] d) Disturb any human remains, including 0 0 0 ]] those interred outside of formal cemeteries? [1,5] VI. GEOLOGY AND SOILS - Would the I project: i a) Expose people or structures to potential i i substantial adverse effects, including the risk 0- I of loss, injury, or death in'tlolving: , , i) Rupture of a known earthquake fault, as 0 0 0 delineated on the most recent Alquist-Priolo ...........___1 . ¡:<3rtbgu_<3~~.Eªult~()Qir¡g!Y:1<3~j§~_lJ~cJþj'tb~_ --_._._---~-- ---------,,------.--------. -------,,--------------- ¡if-fa¡ c..··· . .._"m"_'''".~,~_''^_' ..----....-,"'." .--_.."' »- æ ~ ~~r~~ _ _ c: -ns- - .!!! 0 0 .cu.c+:tL. J:UU 0 ISSUES: -.- ~ I-- ¡;:: _ ns 0 I-- t;: ca o ns I::'!:: '" c: E ""-'~C)o. ",'-0. zo. I [and Supporting Information Sources] we: .-.... J::e E õ.~- me) :!::o enD) ...J'- ::¡; 0 "'.-- D..en en c:...J en i I State Geologist for the area or based on other substantial evidence of a known fault? Refer to Division of Mines and Geology I Special Publication 42. [2,14,44] ii) Strong seismic ground shaking? 0 0 ŒJ 0 I f [2,5,10,44] , ....-.-.-....-.-. . ,'-- !-.-.--- ..__._.":'._--~-------I-- -- , --···..-·--·---1 I iii) Seismic-related ground failure, including 0 0 ŒJ 0 i liquefaction? [2,5,10,39,44] , ¡ ¡ I 0 I I iv) Landslides? [2,5,10,39,44] 0 0 ŒJ I I I b) Result in substantial soil erosion or the 0 0 0 ŒJ I I loss of topsoil? [2,5,10,44] , .m__'___..______________..··____..·__·___________·___·_______._._....._ .".------_.- ..--..---,..---.-- --.----,---.-.---.- -----.------..--.-... ---"--1 c) Be located on a geologic unit or soil that is 0 0 0 ŒJ unstable, or that would become unstable as a result of the project, and potentially result I I in on- or off-site landslide, lateral spreading, I subsidence, liquefaction or collapse? [2,5,10,39] I d) Be located on expansive soil, as defined 0 0 ¡ 0 ŒJ in Table 18-1-B of the Uniform Building Code (1997), creating substantial risks to life or property? [2,5,10] e) Have soils incapable of adequately 0 0 0 ŒJ I supporting the use of septic tanks or alternative waste water disposal systems where sewers are not available for the disposal of waste water? [6,9,36,39] I , VII. HAZARDS AND HAZARDOUS MATERIALS - Would the project: I a) Create a significant hazard to the public or 0 0 0 ŒJ I ! I the environment through the routine , I ~ transport, use, or disposal of hazardous I materials? [32,40,42,43,44] , ------ I f--...----..- ----.-.--- .------¡ b) Create a significant hazard to the public or 0 0 0 ŒJ I the environment through reasonably ! foreseeable upset and accident conditions ----I involving the release of hazardous materials 1~~lh" """,,"m""I? ß2.4"c42A3A4] _.. . ---..---- ----- c) Emit hazardous emissions or handle 0 0 0 ŒJ I hazardous or acutely hazardous materials, I ILl -d.O ,.n~ .. .~... .... ...'_...._"m._"____....·..·..__ .. -. .. .---....--..---....'"'-,- ."."......---..- 1 :0,- c <: ~"gl c- _ c c I -",- "'",0", "'",- - ", 0 0 ..c 0 .- "- ..coo 0 ISSUES: :¡::;.- ~ 1-¡;:£1âo 1-<;::'" o ", t:~ en'-'j¡: ",c. rn'- C. zc. [and Supporting Information Sources] Q) <: E f/J t: .-.... en <: E E I Õ .21- Q)C) .==0 (1).~- I ..J.- ::!: 0 C-IJ IJ C ..JIJ i substances, or waste within one-quarter mile I i of an existing or proposed school? I [2,29,30,40,44] I I i d) Be located on a site which is included on a 0 0 0 ŒJ list of hazardous materials sites compiled pursuant to Government Code Section 65962,5 and, as a result, would it create a significant hazard to the public or the environment? [2,42,40,43] I r'~"''''''-'''''''''''''--''''~''''-'''''''''--'''''''''~''''''''''''''-''''-'''--''~........ ,--.-.------..-..-.--- .------..--,-.-- .......[.._..~...... ..---.-.-......., .....- e) For a project located within an airport land 0 0 ŒJ I use plan or, where such a plan has not been I adopted, within two miles of a public airport I or public use airport, would the project result I i in a safety hazard for people residing or ~ working in the project area? [ ] I f) For a project within the vicinity of a private 0 0 0 ŒJ airstrip, would the project result in a safety i hazard for people residing or working in the project area? [ ] g) Impair implementation of or physically 0 0 0 ŒJ I interfere with an adopted emergency response plan or emergency evacuation plan? [2,32,33,44] h) Expose people or structures to a 0 0 0 ŒJ I significant risk of loss, injury or death involving wildland fires, including where wildlands are adjacent to urbanized areas or I where residences are intermixed with wildlands?[1,2,44] VIII. HYDROLOGY AND WATER QUALITY I -- Would the project: a) Violate any water quality standards or 0 0 0 ŒJ waste discharge requirements? [20,36,37] .-......".... I L-/ -;:){ r·······----·..·'..··-······---······-----·..····----·-··-.--.--..-..-. "-,-- '"-~ ..._..,,--_._---~ __..._......__.__. _..__..._____n.__.__ -,-,-_._...._,,-"-"---.-" >0- 1:_ 0 1:1: - I: c: c:;:; -"'- co cu 0 ca "'",- - .~ 0 0 ~ C,) J:'- ... ..c: 0 0 0 I ISSUES: -¡¡:: ~ ~\i:_1Oo I-¡¡::'" o '" I: ._ en'-'§ ",a. f/)'- c. za. I [and Supporting Information Sources] ( I: E en C .-... en I: E E õ.~- Q) tn ~ 0 ( .21- ...J'- :;: 0 ! D..!J) !J) I: ...J!J) , I [ b) Substantially deplete groundwater D D D ŒJ , supplies or interfere substantially with , groundwater recharge such that there would be a net deficit in aquifer volume or a lowering of the local groundwater table level (e,g" the production rate of pre-existing nearby wells would drop to a level , which would not support existing land uses I or planned uses for which permits have been granled)? [20,36,42] c) Substantially aiter the existing drainage D D D ŒJ pattern of the site or area, including through the alteration of the course of a stream or t ltc, ;" , m,"""c wh;d; woold ~"It ;" ; I substantial erosion of siltation on- or off-site? I [14,20,36] , ! ---------..-------------- . .. ..--------.- -----.---.-----. ------.----.- .--....-------1 d) Substantially alter the existing drainage D D D ŒJ , ; , pattern of the site or area, including through ! the alteration of the course of a stream or , I river, or substantially increase the rate or , I amount of surface runoff in a manner which I would result in flooding on- or off-site , [20,36,38] , , e) Create or contribute runoff water which D D D ŒJ would exceed the capacity of existing or I planned stormwater drainage systems or I provide substantial additional sources of I polluted runoff? [20,36,42] I I f) Otherwise substantially degrade water D D D ŒJ I I quality? [20,36,37] I g) Place housing within a 1 OO-year flood D D D ŒJ hazard area as mapped on a federal Flood I Hazard Boundary or Flood Insurance Rate I Map or other flood hazard delineation map? I , [2,38] I -.-...---.-.---.---,----'--------..----".-"-"--------...--'-..--,-----------.-.--.--"-..----- .-.------...-- ..-----....----r-------·- ------...----'-- 1 h) Place within a 100-year flood hazard area D D D ŒJ structures which would impede or redirect i I flood flows? [2,38] I D I i) Expose people or structures to a significant 0 Œ1 0 I risk of loss, injury or death involving flooding, ! including flooding as a result of the failure of d a levee or dam? [2,36,38] ...-.. ...m,," -- u_... ....".._,-,"..,... IL{ -88. ! ....."....... ..............--- ~......,...." --_............,-".,,, ..__".."'........'m'.."'__'_,,,__,...._....,,"" .....-...-.--'''""....,... i >..... t: ~ c:.Q .:.... , I ISSUES: _ c: CUns oñi caæ_ -"'- - .! 0 0 .cu.c·-'" J:CJCJ CJ -.- ~ '-c¡::...ñSo 1--1;::'" 0 '" c::~ J .- 'j¡ I: Co fI)'- c. Z Co I [and Supporting Information Sources] ., c: E en t: .-... J c: E E õ.~- Q) en ~ 0 ., ,21- ! ...J ,- :2: CJ Q.V V .: ...JV I j) Inundation by seiche, tsunami, or 0 0 0 ŒI I mudflow? [2,36,38] I IX. LAND USE AND PLANNING - Would i I the project: a) Physically divide an established 0 0 0 ŒI community? [7,12,22,41] .-----_._-"._---_._.._------_._._----_._---"~-_._-_.._.-- ...-.....-..-.....----- ~·~-·-..·--..·-·-···r..·~···..-·..·-·..- I b) Conflict with any applicable land use plan, 0 0 I 0 ŒI i ì policy, or regulation of an agency with jurisdiction over the project (including, but not limited to the general plan, specific plan, , local coastal program, or zoning ordinance) i i adopted for the purpose of avoiding or I I , i mitigating an environmental effect? I I 1[1,7,8,16,17,18,44] ..__1 _".....-'-'___.__.__.......".....-....".._"'.._m_______....___..._......_..______.._..___,_,_,..,_,........'...__mm.____" -........- .....,....-.....--............ ,,_m_ . ... .-,--.--..-...---, ..... ...-.....--.--- ."...- , I : c) Conflict with any applicable habitat 0 0 0 ŒI I conservation plan or natural community I conservation plan? [1,5,6,9,26] i X. MINERAL RESOURCES -- Would the ì project: -..---------.-..--,-----....,-.....--.-------.....------.-..----.._----~--_.__..- ...-..-.------- --....-.....---- --.--...-. -...-.------ a) Result in the loss of availability of a known 0 0 0 ŒI mineral resource that would be of value to , the region and the residents of the state? I [5,10] ì i b) Result in the loss of availability of a 0 0 I 0 ŒI locally-important mineral resource recovery site delineated on a local general plan, specific plan or other land use plan? [5,10] -.-----...--....,..........-...-.-"....----.----,-.---.---..-----._..._---..._--.--- "-----.------ .-.---.---------. ---.---.-.-.-" .,,-"-------.-. I XI. NOISE .. Would the project result in: a) Exposure of persons to, or generation of, 0 0 ŒI 0 noise levels in excess of standards established in the local general plan or noise ordinance, or applicable standards of other agencies? [8,18,44] i b) Exposure of persons to or generation of 0 0 ŒI 0 excessive groundborne vibration or ground borne noise levels? [8,18,44] c) A substantial permanent increase in 0 0 0 ŒI ambient noise levels in the project vicinity above levels existing without the project? [8,18] ._..,.."-_.....".,,..._-,,_.~ ,-----------------~ -----.-.-....-.- ,..__......_....._-_._,_.._~ _.m~_"________ 14 - a 7J -..--.""...,...,-...-,-.- -.-,...---- ... ·-··r·"'··'······ >.- 0' <:- <: 1: <: '-1 - <: COco o1â ca;..... -"'- - .!!! u CJ ..c u..c.- ... .o::uu u ISSUES: -.- ~ 1--~.....'1âo I- .- '" o '" c::t::: en'-';= C)c. U):t::: c. zc. [and Supporting Information Sources] '" <: E U) c: .- ~ en <: E E õ.~- (DC) :!::o "'.~- ...J'- ::¡; u Il.(f (f <: ...J(f , , d) A substantial temporary or periodic 0 0 ŒJ 0 increase in ambient noise levels in the project vicinity above levels existing without , the project? [8,18,44] ~: For a project located within an airport land 0 0 0 ŒJ , use plan or, where such a plan has not been I adopted, within two miles of a pUblic airport or public use airport, would the project expose people residing or working in the project area to excessive noise levels? I [8,18,44] f) For a project within the vicinity of a private 0 0 I 0 ŒJ , airstrip, would the project expose people j I residing or working in the project area to I . excessive noise levels? [8,18] r XII. POPULATION AND HOUSING -- Would the project: i I a) Induce substantial population growth in an 0 0 0 ŒJ area, either directly (for example, by I proposing new homes and businesses) or I indirectly (for example, through extension of roads or other infrastructure)? [3,16,47,44] 0 0 0 I b) Displace substantial numbers of existing ŒJ ! I housing, necessitating the construction of I , , replacement housing elsewhere? [3,16,44] c) Displace substantial numbers of people, 0 0 0 ŒJ necessitating the construction of replacement housing eisewhere? [3,16,44] XIII. PUBLIC SERVICES I I a) Would the project result in substantial adverse physical impacts associated with the I provision of new or physically altered governmental facilities, need for new or I physically altered governmental facilities, the I I construction of which could cause significant I environmental impacts, in order to maintain acceptable service ratios, response times or other performance objectives for any of the public services: ì Fire protection? [19,32,44] 0 0 0 ŒJ i I I. _._-_._.~ .- - -,---".-,--....,..-...---....,., ....-...-..---......, ---- ..-- ................. -..,----........ ...-. .. -.~-~...._----"- ---- --~--~..- ... ...... . .. ....-...,-. ...._,¡ /LI- ;) Lj ..-..-- ....-,-.---------..-,......- »- C1: cg ",- - '" co;_ -cu- co co 0 CO Õ .!!! (.) (.) .cOJ::·-~ ..t:(.)(') ISSUES: -.- ~ 1-t;:_1\;O I- .- CU 0 CU c~ en .- .~ '" Co en ~ Co Z Co [and Supporting Information Sources] ( ) '" E en I:: .- "- en '" E .5 õ.~- evC) ;t::=O Q).~- ...J .- ==" c..m m '" ...Jm - I Police protection? [33,44] D D D ŒJ I -- ----- ---' ---. Schools? [29,30,44] D D D ŒJ I Parks? [5,17,19,21,26,27,44] D D D ŒJ \ I ..____J .....---..---" _....._-_._.._---_....._._-~--_.....,..._,,_._-_.-------_._.. -....--..-- ---" ..-..-.-...........--..-,-.....-.-..-- .----.-~-----_......,- Other public facilities? [19,20,44] D D D ŒJ I i XIV. RECREATION -- ---~----l i--·----- .-,,--..---,..-..--...-..--.-~..----,..-....-...._--..-------...-..----..--~----.-----..-... -_..._..__..~ .------- .....----.--.------...-.....---.- -----.-----.-.. I a) Would the project increase the use of D D D existing neighborhood and regional parks or , I other recreational facilities such that I I substantial physical deterioration of the I facility would occur or be accelerated? I [5,17,19,21,26,27,44] i b) Does the project include recreational D D D ŒJ 1 facilities or require the construction or l expansion of recreational facilities which might have an adverse physical effect on the ì environment? [5,44] ----~ -----.- ----. .-----. 1------ -----.---. I XV. TRANSPORTATION/TRAFFIC -- , i Would the project: a) Cause an increase in traffic which is D D D ŒJ substantial in relation to the existing traffic load and capacity of the street system (I.e" result in a substantial increase in either the number of vehicle trips, the volume to capacity ratio on roads, or congestion at intersections)? [4,20,35,44] b) Exceed, either individually or cumulatively, D D D ŒJ I a level of service standard established by the county congestion management agency for i . designated roads or highways? [4,20,44] ---.-.-..- ----I ._._...,...._._..,_.._.._...._-_._.._._......._.__._--_._..._-~---- ....-..--,,---.-----.--..-, --.---_._-----~._, c) Result in a change in air traffic patterns, D D D ŒJ including either an increase in traffic levels or , a change in location that results in 1 I substantial safety risks? [4,?] I , d) Substantially increase hazards due to a D D D ŒJ design feature (e,g" sharp curves or dangerous intersections) or incompatible uses (e.g., farm equipment)? [20,35,44] ·-····..-·'-----1 -_.....__..__.__...-...~.__._----------_.._-,-,~._.... ------.--, -~------,_...__....._.- .....~..~-----_. I e) Result in inadequate emergency access? D D D ŒJ ¡ [2,19,32,33,44] ! ---_......... _._---- It! - J5 ..... -"..~,.,,-,.._........_-,.... >,... I: ... 0 1:'" - C C c +:: I: -..... fa ca 0 n:I ....... ... .~ 0 0 .c:: U J:'- ... .I: 0 0 0 ISSUES: ....- :g 1-¡;::t::::1âo I- .- .. 0 .. c:~ (1).- ~ C)CI. cn~c. zCl. [and Supporting Information Sources] Q c: E (I) C .- "- II) c: E E õ.~- <DC) :::0 Q) .~- ....1.- ::¡; 0 D..I/) I/) c ....II/) , , I f) Result in inadequate parking capacity? 0 0 , ŒI 0 1[17,44] .__...J .-.---..-.---....-------.-------.."..-..-..,-..,--.-.-.--------------....-.-------.- .--.--.-..-. .....--,...---.---.--.---.-,...- --.-.....-----,-..-. I i g) Conflict with adopted policies, plans, or 0 0 0 ŒI I programs supporting alternative ì transportation (e.g., bus turnouts, bicycle I ' racks)? [4,34] XVI. UTILITIES AND SERVICE SYSTEMS - I Would the project: I a) Exceed wastewater treatment 0 0 D ŒI requirements of the applicable Regional Water Quality Control Board? [5,22,28,36,44] , i I ! b) Require or result in the construction of 0 0 0 ŒI I new water or wastewater treatment facilities I or expansion of existing facilities, the , , construction of which could cause significant I environmental effects? [36,22,28,36] I i c) Require or result in the construction of 0 0 0 ŒI , , I new storm water drainage facilities or I i , expansion of existing facilities, the i I construction of which could cause significant environmental effects? [5,22,28,36,44] I _._,_..._._...._-_._..~.__..._---_._--_._-----_._.__.._-_.-- --.--.-----.-.-. ----_._......._._..._~~.- -..----------- ...-.............¡ e) Result in a determination by the 0 0 0 ŒI ! wastewater treatment provider which serves , ; or may serve the project that it has adeq uate capacity to serve the project's projected demand in addition to the provider's existing I commitments? [5,22,28,36,44] , I I f) Be served by a landfill with sufficient 0 D 0 ŒI permitted capacity to accommodate the project's solid waste disposal needs? [?] g) Comply with federal, state, and local D 0 D ŒI I I statutes and regulations related to solid I waste? [?] i , ..._...,__'-_"....___m .._--------,,~ /4-é}.,0 Does the project have the potential to degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife popuiation to drop below self-sustaining levels, threaten to eliminate a plant or animal ¡ community, reduce the number or restrict the I range of a rare or endangered plant or I animal or eliminate important examples of the major periods of California history or i prehistory? 0 ¡..-.....--..-..-....--......-.-..--...---.-..-.--.-------.........-- I b) Does the project have impacts that are , individually limited, but cumulatively I considerable? ("Cumulatively considerable" means that the incremental effects of a project are considerable when viewed in connection with the effects of past , projects, the effects of other current projects, and the effects of probable future projects)? o c) Does the project have environmental effects which will cause substantial adverse effects on human beings, either directly or I indirectly? 0 Œ1 -.-------. --,-------------'"--- , '...--...-....-.-...-..---........¡ o Œ1 I I I I I I I o o o o Œ1 o I hereby certify that the information provided in this Initial Study is true and correct to the best of my knowledge and belief; I certify that I have used proper diligence in responding accurately to all questions herein, and have consulted appropriate source references when necessary to ensure full and complete disclosure of relevant environmental data, I hereby acknowledge than any substantial errors dated within this Initial Study may cause delay or discontinuance of related project review procedures, and hereby agree to hold harmless the City of Cupertino, its staff and authorized agents, from the consequences of such delay or discontinuance, ¿:" .. Preparer's Signature (!; A A'l:; /~ llnæt' / //' Print Preparer's Name t// 00 <-1 /<t/ ¿;;R,o!:.tL- é H-ctl ENVIRONMENTAL EVALUATION (To be Completed by City Staff) ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED: The environmental factors checked below would be potentially affected by this project, involving at least one impact that is a "Potentially Significant Impact" as indicated by the checklist on the following pages, 0 Aesthetics 0 Agriculture Resources 0 Air Quality 0 Biological Resources 0 Cultural Resources 0 Geology ISoils 0 Hazards & Hazardous 0 Hydrology I Water 0 Land Use I Planning Materials Quality 0 Mineral Resources ŒJ Noise 0 Population I Housing 0 Public Services 0 Recreation ŒJ TransportationrTraffic 0 Utilities I Service 0 Mandatory Findings of Systems Significance DETERMINATION: On the basis of this initial evaiuation the Environmental Review Committee (ERC) finds that: ŒJ The proposed project COULD NOT have a significant effect on the environment, and a NEGATIVE DECLARATION will be prepared. 0 Although the proposed project could have a significant effect on the environment, there will not be a significant effect in this case because revisions in the project have been made by or agreed to by the project proponent. A MITIGATED NEGATIVE DECLARATION will be prepared. 0 The proposed project MAY have a significant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT is required, 0 The proposed project MAY have a "potentially significant impact" or "potentially significant unless mitigated" impact on the environment, but at least one effect 1) has been adequately analyzed in an earlier document pursuant to applicable legal standards, and 2) has been addressed by mitigation measures based on the earlier analysis as described on attached sheets. An ENVIRONMENTAL IMPACT REPORT is required, but it must analyze only the effects that remain to be addressed. 0 Although the proposed project could have a significant effect on the environment, because all potentially significant effects (a) have been analyzed adequately in an earlier EIR or NEGATIVE DECLARATION pursuant to applicable standards, and (b) have been avoided or mitigated pursuant to that earlier EIR or NEGATIVE DECLARATION, including revisions or mitigation measures that are imposed upon the proposed project, nothing further is required, (I; ¿( Afl.. // /O-'2.dÆq Staff Evaluator / If;!:; 7/ð\ Date ERC Chairperson Date /Lf-d'ð ADDITIONAL ENVIRONMENTAL IMPACT DISCUSSION: This is an existing facility. The physical changes to the property connected with these applications are limited to minor parking improvements, consisting of providing additional parking between Stevens Creek Boulevard and existing parking, in the existing parking lot and along Stevens Creek Boulevard (see attached photographs), Additional parking and operational changes are proposed to address overflow parking that has occurred in the adjacent neighborhood, PARKING The parking analysis is shown below: USE Seats/ square feet Employees Parking required Restaurant % seats (72 seats) 12 at peak time 18 Banquet room % seats (48 seats) (restaurant/bar) 12 Bar 1/3 seats (93 31 seats) Nightclub 1/36 sq. ft. dance 12 floor (420 sq, ft,) Golf Shop 1/250 (1000 sq, 4 ft.) Golf Course 6 vehicles/hole 54 Parking required Daytime: 119 (no nightclub) + 12 employees = 131 . Nighttime: 73 (no golf shop or golf course) + 12 emplovees = 85 Parking provided 91 Proposed parking 127 provided With the proposed additional parking, the parking requirements are essentially met, in that the peak time employees would not include some bar/nightclub employees who should not be counted in this number. However, the operational history of the restaurant/bar indicates that there is a parking problem in the late evening when the bar and nightclub are operating. The operator proposes additional measures to reduce off-site parking: ~ Reduce business hours from 2 A.M. to 12 midnight Sunday to Wednesday and 1:00 A.M. Thursday through Saturday ILi - d9 -2- )- Not allow any new customers after 12 midnight Thursday through Saturday )- Not serve drinks after 12:30 AM. Thursday through Saturday )- Have the employees park on the street, not the customers. )- Review of the operation by the Planning Commission at a 6-month and 1- year-intervial. NOISE Noise complaints have been associated with customers who park in or near the residential areas. The measures described above will mitigate the noise problems. G:planning/ mise/ENVIRONMENTAL IMP ACT DISCUSSION /4-:>0 . . . fLf~ Sf CITY OF CUPERTINO NEGATIVE DECLARATION As provided by the Environmental Assessment Procedure adopted by the City Council of the City of Cupertino on May 27, 1973, and amended on March 4,1974, January 17 1977, May 1, 1978, and July 7, 1980, the following described project was granted a Negative Declaration by the City Council of the City of Cupertino on May 17, 2005. PROTECT DESCRIPTION AND LOCATION EA-2005-04 Application No.: Applicant: Location: U-2005-05, GP A-2005-02, 2-2005-03 City of Cupertino (Blue Pheasant Restaurant) 22100 Stevens Creek Boulevard DISCRETIONARY ACTION REQUEST General Plan Amendment to change the land use designation from Parks to Commercial to accommodate an existing restaurant, bar and nightclub. Rezoning of a two-acre parcel from Public Park or Recreation (PR) to Planned Commercial (P-Com) FINDINGS OF DECISION MAKING BODY The City Council granted a Negative Declaration since the project is consistent with the General Plan and there are no significant environmental impacts. Steve Piasecki Director of Community Development CERTIFICATE OF THE CITY CLERK This is to certify that the above Negative Declaration was filed in the Office of the City Clerk of the City of Cupertino on City Clerk g/ercjnegEA200504 /4- - 3;;1. CITY OF CUPERTINO 10300 Torre Avenue, Cupertino, California 95014 DEPARTMENT OF COMMUNITY DEVELOPMENT REPORT FORM Application Summary: Application: U-2005-05, GPA-2005-02, 2-2005-03, EA-2005-04 Applicant: City of Cupertino (Blue Pheasant Restaurant) Location: 22100 Stevens Creek Boulevard Use Permit for a restaurant, bar and nightclub General Plan Amendment to change the land use designation from Parks to Commercial to accommodate an existing restaurant, bar and nightclub Rezoning of a two-acre parcel from Public Park or Recreation (PR) to Planned Commercial (P-Com) ENVIRONMENTAL DETERMINATION: Negative Declaration recommended, The project will have no significant, adverse environmental effects, RECOMMENDATION: Staff recommends that the Planning Commission recommend approval to the City Council of: 1. EA-2005-04 Negative Declaration 2. U-2005-05 Use Permit for a restaurant, bar and nightclub 3, GP A-2005-02 General Plan Amendment to change the land use designation from Parks to Commercial to accommodate an existing restaurant, bar and nightclub 4. 2-2005-03 Rezoning of a two-acre parcel from Public Park or Recreation (PR) to Planned Commercial (P-Com) Project Data: General Plan Designation: Parks Zoning Designatiorý Public Park or Recreation (PR) Project Consistency with: General Plan: No (change is required) Zoning: No (change is required) Environmental Assessment: Negative Declaration Jtf - !? 1:7 Blue Pheasant May 10, 2005 Page 2 BACKGROUND: The City is requesting a General Plan amendment/ zone change for the Blue Pheasant property so that the new business owner may apply for a Use Permit to operate a bar and nightclub. The nightclub operation is a conditional use in a commercial zoning district. Conditional uses are not permitted in the park/recreation zone. Furthermore, a nightclub is not a typical use in a park zoning-district; the land use is more appropriately designated as commercial. The city of Cupertino acquired the Blue Pheasant Restaurant with Blackberry Farm Picnic Grounds and Golf Course in 1991. At the time of purchase, the Rasmussens, the current business owners of the Blue Pheasant, were in the final years of a 10-year lease, with an option to renew for an additional 10 years. Eighteen months before the lease expired (March 31,2004), staff met with the owners and ultimately negotiated terms of a lease based on an 11 PM closure. Subsequent to signing of the lease, the owners determined that an 11 PM closure was not viable, The Rasmussens are currently open until 2 AM in violation of the lease; the City is pursuing the 11 PM closure in court. The Rasmussens have decided to sell the business. A perspective owner, Michael Tsachres, is in escrow to purchase the business and would like to pursue a Conditional Use Permit to operate the bar and nightclub until midnight and 1 AM (weekdays and weekends, respectively). He has met with neighbors and has summarized their concerns in the attached memo. He is proposing solutions to address their concerns, while still operating a viable business. As the City is the property owner, the Parks and Recreation Director is the applicant for the General Plan amendment and zone change. Mr. Tsachres is applying for the Use Permit. DISCUSSION: Use The Parks and Recreation Department did considerable outreach to the community to determine the best use for the land in the Stevens Creek Corridor. The community preference was to retain the Blackberry Farm Golf Course and restaurant/bar operation, Several prospective buyers of the Blue Pheasant business have indicated that the goodwill/reputation for sale is associated with the nightclub and dancing. Restricting the operation to 11:00 PM (consistent with park zoning) would change the Blue Pheasant into a different business, which is of less interest to prospective buyers. IL./ - 31 Blue Pheasant May 10, 2005 Page 3 City staff has looked at other options for use of the building, The building was built over forty years ago and is not up to current code. Any change in use of the facility would trigger a code overhaul including: structural, plumbing, electrical, Title 24, and would require significant city resources, The City currently receives $84,000 per year in rent. Parking Complaints about overflow parking from the nightclub into the adjacent neighborhoods have been received in the past. Parking and noise concerns were mentioned frequently, Restaurant Ban uet room Bar Nightclub Em 10 ees 12 at peak time restaurant/bar Parkin re uiIed 18 12 31 12 Parkin rovided Proposed parking 4 54 Daytime: 119 (no nightclub) + 12 employees = 131 Nighttime: 73 (no golf shop or golf course) + 12 em 10 ees ~ 85 91 117-127 (10 spaces can be provided on the frontage road as ex lained below Golf Sho Golf Course Parking required Additional parking can be provided in the lot (2 spaces) and on the street (24 spaces), Ten spaces could be provided on the interior frontage road if alternate emergency access could be provided for fire trucks. Alternate access is possible on the interior frontage road to the east. With minor improvements, fire trucks could exit the parking lot to the east on this road and connect to Stevens Creek Boulevard or Byrne Avenue, Staff recommends that this option be retained if overflow parking continues to be a problem; a condition of approval is included to this effect. Although the required number of parking spaces for the nighttime activities is adequate, experience shows that overflow parking occurs in the adjacent neighborhood, Several conditions of approval are proposed to mitigate overflow parking: ~ Reduce business hours from 2 AM, to 12 midnight Sunday to Wednesday and 1:00 AM. Thursday through Saturday ~ Not allow any new customers after 12 midnight Thursday through Saturday ~ Not serve drinks after 12:30 AM. Thursday through Saturday fLf - 35 Blue Pheasant May 10, 2005 Page 4 ~ Have the employees park on the street, not the customers, which makes more parking available in the parking lot ~ Have employees in the parking lot at closing time on Friday and Saturday nights to ensure orderly departures Occupancy concerns have been reported in the past, and it is possible that maximum occupancy has not been consistently observed, The weekend of April 29 and 30, 2005, Mr. Tsachres received permission from the current owner to conduct an occupancy experiment. He hired security personal to count patrons at the door and deny admission when legal occupancy was reached. On Friday night the legal occupancy was reached at 11:15 PM and on Saturday night it was reached at 10:30 PM, and a line formed outside. A condition of approval is proposed to enforce maximum occupancy; although this is already required, the condition is additional insurance. Staff recommends that the Planning Commission hold public hearings in six months to review the operation's conformance with the conditions of approval. Noise Noise impacts have resulted from Blue Pheasant customers leaving and entering their cars that are parked in the neighborhoods. The parking mitigations described above will mitigate those impacts, Staff believes that, while there have been complaints about off-site parking and noise, operational standards and oversight can address these complaints and allow the traditional uses to continue, since they will be controlled through the use permit conditions of approval. Enclosures: Model Resolutions Exhibit 1 - Aerial Exhibit 2 - Parking Lot Diagram Exhibit 3 - Submittal from Use Permit applicant, MikeTsachres Initial Study Recommendation of Environmental Review Committee Emails from residents Submitted by: Ciddy Wordell, City Planner ~ Approved by: Steve Piasecki, Director of Community Developm G: \ Planning \ PDREPORT\ pc U sereports \ U-2005-05 ,doc Iy-?J¡; U-2005-05 CITY OF CUPERTINO 10300 Torre Avenue Cupertino, California 95014 MODEL RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO RECOMMENDING APPROVAL OF A USE PERMIT FOR A RESTAURANT, BAR AND NIGHTCLUB LOCATED AT 22100 STEVENS CREEK BOULEVARD SECTION I: PROTECT DESCRIPTION Application No(s): Applicant: Location: U-2005-05 (EA-2005-04) City of Cupertino (Blue Pheasant Restaurant) 22100 Stevens Creek Boulevard SECTION II: FINDINGS FOR USE PERMIT WHEREAS, the Planning Commission of the City of Cupertino received an application for a Use Permit, as described in Section II. of this Resolution; and WHEREAS, the necessary public notices have been given in accordance with the Procedural Ordinance of the City of Cupertino, and the Planning Commission has held one or more public hearings on this matter; and WHEREAS, the applicant has met the burden of proof required to support said application; and has satisfied the following requirements: 1) The proposed use, at the proposed location, will not be detrimental or injurious to property or improvements in the vicinity, and will not be detrimental to the public health, safety, general welfare, or convenience; 2) The proposed use will be located and conducted in a manner in accord with the Cupertino Comprehensive General Plan and the purpose of this title, NOW, THEREFORE, BE IT RESOLVED: That after careful consideration of maps, facts, exhibits, testimony and other evidence submitted in this matter, the application for Use Permit is hereby recommended for approval, subject to the conditions which are enumerated in this Resolution beginning on Page 2 thereof; and /4 -7;)7 Resolution No, Page 2 U-2005-05 May 10,2005 That the subconc1usions upon which the findings and conditions specified in this resolution are based are contained in the public hearing record concerning Application No(s). U-2005-05 (EA-2005-04), as set forth in the Minutes of the Planning Commission Meeting of May 10, 2005, and are incorporated by reference as though fully set forth herein. SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT DEPT. 1. USES ALLOWED Approval is for a restaurant, bar and nightclub. Maximum hours of operation shall be 7 AM to 12 midnight Sunday through Wednesday, and 7 AM to 1 AM Thursday through Saturday, 2. REOUIREMENTS FOR OPERATION OF BUSINESS No new patrons shall be admitted after 12 midnight. Alcohol shall not be served 1/2 hour prior to closing. Maximum occupancy shall be strictly enforced. 3. PARKING Additional parking spaces shall be provided on Stevens Creek Boulevard, in accordance with Department of Public Works standards. Parking shall not be allowed on the interior frontage road unless an alternate exit for emergency access is provided. Employees shall park on Stevens Creek Boulevard during peak time periods, If overflow parking occurs on a regular basis, alternate means to deter it shall be implemented, such as creating an alternate exit for emergency access to free up parking spaces or valet parking, Employees shall be present in the parking lot at closing time on Friday and Saturday nights to ensure orderly departures, 4. FUTURE REVIEW Parking, noise and general operations shall be reviewed for conformance to the conditions of approval by the Planning Commission at a noticed public hearing six months from the date of City Council approval. 5. NOTICE OF FEES, DEDICATIONS, RESERVATIONS OR OTHER EXACTIONS The Conditions of Project Approval set forth herein may include certain fees, dedication requirements, reservation requirements, and other exactions. Pursuant to Government Code Section 66020(d) (1), these Conditions constitute written notice of a statement of the amount of such fees, and a description of the dedications, reservations, and other exactions, You are hereby further notified that the 90-day approval period in which you may protest these fees, dedications, reservations, and other exactions, pursuant to Government Code Section 66020(a), has begun. If you fail to file a protest within this 90-day period complying with all of the requirements of Section 66020, you will be legally barred from later challenging such exactions, 14 - 38' Resolution No, Page 3 U-2005-05 May 10, 2005 PASSED AND ADOPTED this 10th day of May 2005, at a Regular Meeting of the Planning Commission of the City of Cupertino, State of California, by the following roll call vote: AYES: NOES: ABSTAIN: ABSENT: COMMISSIONERS: COMMISSIONERS: COMMISSIONERS: COMMISSIONERS: ATTEST: APPROVED: Steve Piasecki Director of Community Development Gilbert Wong, Chairperson Cupertino Planning Commission G:\Planning\PDREPORT\RES\ U-2005-05 res.doc JLf- ?f1 GP A-2005-02 CITY OF CUPERTINO 10300 Torre Avenue Cupertino, California 95014 MODEL RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO RECOMMENDING ADOPTION OF A GENERAL PLAN AMENDMENT TO CHANGE THE LAND USE DESIGNATION FROM PARKS TO COMMERCIAL TO ACCOMMODATE AN EXISTING RESTAURANT, BAR AND NIGHTCLUB SECTION I: PROJECT DESCRIPTION Application No,: Applicant: Project Location: GPA-2005-02 (EA-2005-04) City of Cupertino (Blue Pheasant Restaurant) 22100 Stevens Creek Boulevard SECTION II: FINDINGS WHEREAS, the Planning Commission of the City of Cupertino received an application for a General Plan Amendment, for the site described in Section I of this resolution; and WHEREAS, the Planning Commission has held a public hearing and considered public testimony from citizens and interested groups; and WHEREAS, the Planning Commission has determined that the General Plan amendment is necessary to bring a site with an existing commercial use into conformance with the General Plan; and WHEREAS, the Planning Commission has determined that there will not be significant environmental impacts since the site consists of an existing use that will have improved operating conditions. NOW, THEREFORE, BE IT RESOLVED: That after careful consideration of maps, facts, exhibits, testimony and other evidence submitted in this matter, the application for General Plan Amendment are hereby recommended for approval, subject to the conditions which are enumerated in this Resolution; and That the subconc1usions upon which the findings and conditions specified in this Resolution are based and contained in the public hearing record concerning Application No. GPA-2005- 02 as set forth in the Minutes of the Planning Commission Meeting of May 10, 2005, and are incorporated by reference though fully set forth herein, 14-40 Resolution No, Page 2 GPA-2005-02 May 10, 2005 SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT DEPT, 1. APPROVED EXHIBITS Approval is based on Exhibit A. 2. NOTICE OF FEES, DEDICATIONS, RESERVATIONS OR OTHER EXACTIONS The Conditions of Project Approval set forth herein may include certain fees, dedication requirements, reservation requirements, and other exactions. Pursuant to Government Code Section 66020(d) (1), these Conditions constitute written notice of a statement of the amount of such fees, and a description of the dedications, reservations, and other exactions. You are hereby further notified that the 90-day approval period in which you may protest these fees, dedications, reservations, and other exactions, pursuant to Government Code Section 66020(a), has begun. If you fail to file a protest within this 90-day period complying with all of the requirements of Section 66020, you will be legally barred from later challenging such exactions. PASSED AND ADOPTED this 10th day of May 2005, at a Regular Meeting of the Planning Commission of the City of Cupertino, State of California, by the following roll call vote: AYES: NOES: ABSTAIN: ABSENT: COMMISSIONERS: COMMISSIONERS: COMMISSIONERS: COMMISSIONERS: ATTEST: APPROVED: Steve Piasecki Director of Community Development Gilbert Wong, Chairperson Planning Commission G: \ Plalllling\ PDREPORT\ RES \ GPA-2005-02 res,doc 14-4/ Z-2005-03 CITY OF CUPERTINO 10300 Torre Avenue Cupertino, California 95014 MODEL RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO RECOMMENDING THE RE-ZONING OF A TWO-ACRE PARCEL FROM PUBLIC PARK OR RECREATION (PR) TO PLANNED COMMERCIAL (P-COM) SECTION I: PROTECT DESCRIPTION Application No.: Applicant: Location: Z-2005-03 (EA-2005-04) City of Cupertino (Blue Pheasant Restaurant) 22100 Stevens Creek Boulevard SECTION II: FINDINGS FOR REZONING WHEREAS, the Planning Commission of the City of Cupertino received an application for the rezoning of property, as described on this Resolution; and WHEREAS, the necessary public notices have been given in accordance with the Procedural Ordinance of the City of Cupertino, and the Planning Commission has held one or more public hearings on this matter; and WHEREAS, the Planning Commission finds that the subject rezoning meets the following requirements: 1) That the rezoning is in conformance with the General Plan of the City of Cupertino, 2) That the property involved is adequate in size and shape to conform to the new zoning designation, 3) That the new zoning encourages the most appropriate use of land. 4) That the proposed rezoning is otherwise not detrimental to the health, safety, peace, morals and general welfare of persons residing or working in the neighborhood of subject parcels. 5) That the rezoning promotes the orderly development of the city. 14-4;). Resolution No, Page 2 NOW, THEREFORE, BE IT RESOLVED: That after careful consideration of maps, facts, exhibits, testimony and other evidence submitted in this matter, application no. Z-2005-03 is hereby recommended for approval; and Z- 2005-03 May 10, 2005 That the subconclusions upon which the findings and conditions specified in this Resolution are based and contained in the Public Hearing record concerning Application Z-2005-03, as set forth in the Minutes of the Planning Commission Meeting of May 10, 2005 and are incorporated by reference herein. SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT DEPT. 1 APPROVED EXHIBITS Zoning approval is for area shown in Zoning Exhibit A. PASSED AND ADOPTED this 10th day of May 2005, at a Regular Meeting of the Planning Commission of the City of Cupertino, State of California, by the following roll call vote: AYES: NOES: ABSTAIN: ABSENT: COMMISSIONERS: COMMISSIONERS: COMMISSIONERS: COMMISSIONERS: ATTEST: APPROVED: Steve Piasecki Director of Community Development Gilbert Wong, Chairperson Cupertino Planning Commission 14-'-13 Basemap Labels Abc Zoning Abc Street Names Basemap Freeway Ramps Community Development C City Bóundary !:8iI Aerials - July 2004 r-' - ....., 200 0 CiLy of Cupert..10 EXHIBIT I N SCALE 1 : 2,536 A 200 FEET , 400 I 600 /'-1 - '-ft-f http://aguardsrvr/Plann ing/home/maps/Planning. mwf Tuesday, May 03, 2005 1:47 PM EXHlBl1l. ~~\ ~~ '( ) '\, " I~ ._) I J, v ~ ' - ¡t+clll= Ë . I: .' ~ fî\ " ~ 1,1ó F®= 6 I!l I: 1 ' ~ d, f)~1 · ~ · ·1 - ~~ : U:um+::: .u, ,'1';:- Ye" ~ ' ,..:-.'~~, ' , · "', ',' . · . , . . . . >0.~"" ',"" "~I . 9. ..............."'--1. ! . ..~ ~ ..b1~~ ...~ ~: :e' ":P ~: ~ :' I ~! i ¢I /4-45 I ¢ I I I I I i , I I , , ~~ ª' ~ I i c(\ I \::ì ~ .L. :1 ffi rL \J ~ & \!' EXHIBIT 3 TABLE OF CONTENTS 1. Letter to the neighbors of The Blue Pheasant 2. Neighborhood meeting sign in sheet , 3. Questions and concerns presented at the meeting of April 18, 2005 4, Customer classifications 5. Observations of customer count and parking spaces from 4/12/2005 - 4/17/2005 6. Summary of neighborhood meeting and proposed solutions. 10 - t-f ro Mike Tsachres 1800 Hillman Ave. Belmont, CA 94002 April 1 0, 2005 To: Neighbors of the Blue Pheasant Re: Invitation to meet with the new owner, You are invited to CQme to the Quinlan Community Center, 10185 North Stelling Road, Cupertino, on Monday, April 18th at 6:30 PM for a social hour of coffee, tea, soft drinks and hors d' oeuvres, followed by a meeting to discuss your concerns for the bar operation. We intend to apply for a Conditional Use Permit to allow operation of the bar. We want to learn how we might do this, while still being a good neighbor, Hope to see you there. -~ ""~ . 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BLUE PHEASANT RESTAURANT NEIGHBORHOOD MEETfNG APRIL 18,2005 neighborhood NAME TELEPHONE # COMMENTS i"v c..."""""'- "'1 'í"o-ì h..c.-........., :I: wA5 i.... .w-.. \"...p ~ J,-ff{. b vt :L.- \..v & ~ Lo! L:~ -\<> ~ ffl,,¡v /'" S ¡.fM.DLÙ 'c r=tL HÒÇ(, 77(. - fa 38 0ìc....~Ori Cí.. GOri\et... qoC( +~~-ül.ql.. " k ~¡?J r, Y-Ô¡ 'drr -/<f;< fETE" ,(;¿A/1E12- f'f~ -,.2J> r (:j CPR fLfIt Sc 3'9-3- V,J1/!::o- S i - E f\ C Áo."J qq6 -2i-3.s- I <.1) 8 ¡;. nlx,,/ {fL./ ¿ 5'7// ---;BJ~B~Ã- ZS1 r-tSOf ~£jle ~tfS e& Q1&... (qtft?· ñat (1/, e IffYl J. ç') - lf8c¡f;' :. l '" c1( r:....... 0('0 "V):a. J 409-1' j'(7-ð 11..\ Ca:.,~ Th¿ c:ro¡ b - ( b 33 -:L... \; <. ~bs-\L..s2 Y/£.iJ¿Y J HI r2.0 & - 1'9 Iû 07 1IfJIr;) f/}9I@j) J4cJ.-t/fg3 /L1-tj'ír BLUE PHEASANT RESTAURAW NEIGHBORHOOD MEETING APR]L 18, 2005 neighborhood NAME ikL.t;;' I€¿/) e/!rb )J 61'\ lit R~oJ'^-- +:..-¡ TELEPHONE # ì"¡^7-3;¿/ 'Y Jt/ll y 8 2-- (LtO ~ 517- o9Q ..9517 íYfìa . (~~Z) c¡c¡ (¡- 8' \ 7.3 COMMENTS ii.-/-LfCI QUESTIONS AND CONCERNS PRESENTED ON THE BLUE PHEASANT RESTAURANT MEETING HELD ON MONDAY APRIL 18, 2005 TIME: 6:30-9:00 QUESTIONS 1. What are the hours of operation? 2. Are you planning on using the top floor of the restaurant all the time? 3. What are the issues and plans for the parking lot? 4. Will the liquor license be carried over or will you be re-apply for one? 5. How can you control the occupancy in the building and obey the fire code regulations? 6. What is the time that the other establishments close? 7, Is there a plan about making more parking spaces? 8. Will there be supervision by Mike personally during the closing hours on Friday's and Saturdays? 9. Where is the majority of the clientele that comes to the Blue Pheasant coming from? 10. What will you do to see how many people will be in the restaurant? II. How will you stop people from coming in after ]2 midnight? ]2. Is there going to be regulation for people parking in the residential area? ]3, What will happen ifthere are people parking in front of my home? 14, What will be done if the noise is not dealt with? 14-60 CONCERNS: · No problem with the restaurant and hours of operation · Issues with the people and the noise levels as they are exiting the restaurantJbar. · The number of parking spaces and where people will be parking · The amount of occupancy vs the amount of parking spaces available · Not enough parking spaces, re-arrange parking spaces · Possible to put up and update the signs on the streets. · Issue a cover charge · We want the restaurant and other businesses to come to Cuperteno · Noise · Patrol neighborhood, maybe police help, security · Make sure that everyone is happy and that it is neighbor friendly · Control where people are smoking and the noise level outside · Have a meeting again in six months · People drinking in their cars · To attract an upscale crowd · The other family did not care about the neighbors concerns and requests, worried that their needs will not be met /4-5/ CUSTOMERS CLASSIFICATION 1.- CUSTOMERS CAME FOR DINNER & STAY FOR DANCE 2.- CUSTOMERS ARRIVED BETWEEN 9:00PM TO 12:00 MIDNIGHT 3.- CUSTOMERS LEFT BETWEEN 11 :OOPM TO 1 :00 A,M. 4. -CUSTOMERS ARRIVED AFTER 12:00 MIDNIGHT NOTE: COMPLETE COUNT SEE ATTACHED PAGE: 1i-J-69-- DATE: 04/12/05-04/17/05 MON TUES WED THURS U SAT SUN DINNERS 6-9 34 39 47 56 61 37 I DINNER WI DANCE 15 21 19 28 36 24 2 9-12 NEW DANCE CUSTMRS 45 56 65 91 96 47 3 11-1AM CUSTOMERS LEFT 5 7 11 17 ]9 6 4 ]2-lAM LATE COMERS 0 0 4 26 24 5 AVERAGE # CUSTMRS INSIDE 52 70 77 128 137 70 9-1AM P ARKN SP ACE PARKING LOT 92 STREET (SCRK) 24 SIDE ROAD(SIGN) ]2 OTHERS(HOMEMD) I] TOTAL 139 HOURS OF 11:30- 11:30- ]1:30-]AM 1]:30- 5:00-lAM 5:00- OPERATlON l2MID ]2MID lAM ]2MD TOTAL HOURS 12,5 12.5 13.5 13.5 8 7 TOTAL WEEKS 67 HOURS OF OP. JLf- 53 SUMMARY OF NEIGHBROHOOD MEETING BLUE PHEASANT RESTAURANT APRJL 18, 2005 The main concern the neighbors have is the noise that customers make as they are leaving the restaurant and going to their cars which are parked in the street (at Stevens Creek Blvd,) near the residence homes. The noise is noticeable only on Friday and Saturday nights, During the other days of operation there is not enough business to present a problem, An effective method to minimize the noise in the surrounding area is to control hoe the customers are moving out during closing time. FIRST, THE REDUCTION OF CLOSING HOURS: Sunday to Wednesday at 12:00 midnight Thursday, Friday and Saturday at 1 :00 a.m. SECOND, CEASED SERVING ALCHOHOL ('h) HOUR PRIOR TO CLOSING. THIRD, RESTRICT ADMITION OF NEW PATRONS, where security, on Friday & Saturday, will not allow new patrons to be admitted after 12:00 midnight. FOURTH, SUPERVISE CUSTOMERS AS THEY LEAVE AT CLOSING A. Allowing customers to leave the premises at their leisure time B, As they exit the restaurant say for example; "Thank you for coming," "have a good night," and most of all remind them about the noise with a polite remark, "Please be courteous to our neighbors, " C. In the case where an individual is noisy, security, in a friendly way, will escort him or her to their car. FIFTH, INCREASE THE PARKING SPACES IN THE LOT On Friday & Saturday all employees, including myself, me are going to park on Steven's Creek near Creek near the residential area (we are the JL./--S4 quiet one's) therefore the entire 92 parking spaces at the parking lot will be available for the customers. - Additional parking spaces at the Stevens Creek= 24 _ Additional parking spaces at the side road near the sign both sides= 12 - Other additional parking spaces (home made) = 11 TOTAL parking spaces available = 139 SIXTH, INSTALLATION OF SECURITY SYSTEM I will install a closed circuit TV system where cameras will monitor the parking lot and also the customers inside the restaurant. SEVEN, CLOSELY SUPERVIE BAR/DANCE/P ARKING LOT I personally supervise the BarIDance area. I will be there on all busy days and stay pass the closing time to be sure that everything goes trouble free. I will pay attention to the Parking lot, especially at 11 :00 p.ll. by physically walking around the lot & street to see for any possible trouble and leave a warning note at the violator's car. To conclude, I believe that these simple steps are effective and will be able to take care of the noise problem. The only requirement for us is to be consistent and to implement this procedure on time and all the time. And last but not least, if everything else fails then I will have patrol security on those two days to monitor the parking lot and the customers as they exit the restaurant. Finally, I would like to leave you with a concluding thought from all these events; the meeting on April1Sth, my personal contact with the neighbors next to the restaurant, and the steps and procedures I have mentioned above. I will do what ever is possible to take good care of my neighbors and address any future complaints. I strongly recommend that the residence call me instead of calling the city anytime a problem arises. /Lf-65 CUPERTINO PLANNING COMMISSION A Cupertino resident, Jim Davis, asked that I convey his telephone message to you regarding the Blue Pheasant. He is interested in the historic water/viewing tower east of the Blue Pheasant. This tower is on private property, which I explained to Mr. Davis. His hopes were that the Blue Pheasant use permit could be connected to maintaining the tower. I explained that the City is working with the homeowners' association to try to maintain the tower, and that its maintenance is not connected to the Blue Pheasant operation. He understands that, but asked that the Planning Commission be made aware of the historical value of the tower. Ciddy Wordell 5/10/05 1'-1-80 CITY OF CUPERTINO 10300 Tprre Avenue, Cupertino, California 95014 DEPARTMENT OF COMMUNITY DEVELOPMENT REPORT FORM ì: Co \ ..\ Application Summary: Application: U-200S-0S, GP A-200S-02, Z-200S-03, EA-200S-04 Applicant: City of Cupertino (Blue Pheasant Restaurant) Location: 22100 Stevens Creek Boulevard Use Permit for a restaurant, bar and nightclub General Plan Amendment to change the land use designation from Parks to ComrÍlercial to accommodate an existing restaurant, bar and nightclub Rezoning of a two-acre parcel from Public Park or Recreation (PR) to Planned Commercial (P-Com) ENVIRONMENTAL DETERMlNA TION: Negative Declaration recommended. The project will have no significant, adverse environmental effects. ® RECOMMENDATION: Staff recommends that the Planning Commission recommend approval to the City Council of: 1. EA-2005-04 Negative Declaration 2. U-200S-0S Use Permit for a restaurant, bar and nightclub 3. GP A-200S-02 General Plan Amendment to change the land use designation from Parks to Commercial to accommodate an existing restaurant, bar and nightclub 4. Z-200S-03 Rezoning of a two-acre parcel from Public Park or Recreation (PR) to Planned Commercial (P-Com) Project Data: General Plan Designation: Parks Zoning Designation! Public Park or Recreation (PR) Project Consistency with: General Plan: No (change is required) Zoning: No (change is required) Environmental Assessment: Negative Declaration 14~05 @"'- , .::;: ..._1 Blue Pheasant May 10, 2005 Page 2 BACKGROUND: The City is requesting a General Plan amendment/ zone change for the Blue Pheasant property so that the new business owner may apply for a Use Permit to operate a bar and nightclub. The nightclub operation is a conditional use in a commercial zoning district. Conditional uses are not permitted in the park/recreation zone. Furthermore, a nightclub is not a typical use in a park zoning-district; the land use is more appropriately designated as commercial. The city of Cupertino acquired the Blue Pheasant Restaurant with Blackberry Farm Picnic Grounds and Golf Course in 1991. At the time of purchase, the Rasmussens, the current business owners of the Blue Pheasant, were in the final years of a 10-year lease, with an option to renew for an additional 10 years. Eighteen months before the lease expired (March 31,2004), staff met with the owners and ultimately negotiated terms of a lease based on an 11 PM closure. Subsequent to signing of the lease, the owners determined that an 11 PM closure was I:;~) not viable. The Rasmussens are currently open until 2 AM in violation of the lease; the ~ City is pursuing the 11 PM closure in court. The Rasmussens have decided to sell the business. @ GJ ® A perspective owner, Michael Tsachres, is in escrow to purchase the business and would like to pursue a Conditional Use Permit to operate the bar and nightclub until midnight and 1 AM (weekdays and weekends, respectively). He has met with neighbors and has summarized their concerns in the attached memo. He is proposing solutions to address their concerns, while still operating a viable business. As the City is the property owner, the Parks and Recreation Director is the applicant for the General Plan amendment and zone change. Mr. Tsachres is applying for the Use Permit. DISCUSSION: Use The Parks and Recreation Department did considerable outreach to the community to determine the best use for the land in the Stevens Creek Corridor. The community preference was to retain the Blackberry Farm Golf Course and restaurant/bar operation. Several prospective buyers of the Blue Pheasant business have indicated that the goodwill/reputation for sale is associated with the nightclub and dancing. Restricting the operation to 11:00 PM (consistent with park zoning) would change the Blue Pheasant into a different business, which is of less interest to prospective buyers. 14-60 @" {dOl' ,;""1 " , Blue Pheasant May 10, 2005 Page 3 City staff has looked at other options for use of the building. The building was built over forty years ago and is not up to current code. Any change in use of the facility would trigger a code overhaul including: structural, plumbing, electrical, Title 24, and would require significant city resources. The City currently receives $84,000 per year in rent. Parking I Complaints about overflow parking from the nightclub into the adjacent neighborhoods have been received in the past. Parking and noise concerns were mentioned frequently. Restaurant Ban uet room Bar Nightclub Em 10 ees 12 at peak time restaurant/bar Parkin re uired 18 12 31 12 Golf Sho Golf Course Parking required 4 54 Daytime: 119 (no nightclub) + 12 employees ~ 131 Nighttime: 73 (no golf shop or golf course) + 12 em 10 ees = 85 91 117-127 (10 spaces can be prov;ded on the frontage road as ex lained below Parkin rovided Proposed parking Additional parking can be provided in the lot (2 spaces) and on the street (24 spaces). Ten spaces could be provided on the interior frontage road if alternate emergency access could be provided for fire trucks. Alternate access is possible on the interior frontage road to the east. With minor improvements, fire trucks could exit the parking lot to the east on this road and connect to Stevens Creek Boulevard or Byrne Avenue. Staff recommends that this option be retained if overflow parking continues to be a problem; a condition of approval is included to this effect. t:ï;") Although the required number of parking spaces for the illghttirne activities is ® adequate, experience shows that overflow parking occurs in the adjacent neighborhood. Several conditions of approval are proposed to mitigate overflow parking: >- Reduce business hours from 2 AM. to 12 midnight Sunday to Wednesday and 1:00 AM. Thursday through Saturday >- Not allow any new customers after 12 ITÙdnight Thursday through Saturday >- Not serve drinks after 12:30 AM. Thursday through Saturday 14 -0 ì ~,~,-...... ,r .. i f' ( r' , ¡ ~iCiJ \~---'. /rP___, I I~.) ! t "". t '\:.,.""/ ~.......",/' ~) 01/ @ Blue Pheasant May 10,2005 Page 4 > Have the employees park on the street, not the customers, which makes more parking available in the parking lot > Have employees in the parking lot at closing time on Friday and Saturday nights to ensure orderly departures Occupancy concerns have been reported in the past, and it is possible that maximum occupancy has not been consistently observed. The weekend of April 29 and 30, 200S, Mr. Tsachres received permission from the current owner to conduct an occupancy experiment He hired security personal to count patrons at the door and deny admission when legal occupancy was reached. On Friday night the legal occupancy was reached at 11:15 PM and on Saturday night it was reached at 10:30 PM, and a line formed outside. A condition of approval is proposed to enforce maximum occupancy; although this is already required, the condition is additional insurance. Staff recommends that the Planning Commission hold public hearings in six months to review the operation's conformance with the conditions of approval. Noise Noise impacts have resulted from Blue Pheasant customers leaving and entering their cars that are parked in the neighborhoods. The parking mitigations described above will mitigate those impacts. Staff believes that, while there have been complaints about off-site parking and noise, operational standards and oversight can address these complaints and allow the traditional uses to continue, since they will be controlled through the use permit conditions of approval. Enclosures: Model Resolutions Exhibit 1 - Aerial Exhibit 2 - Parking Lot Diagram Exhibit 3 - Submittal from Use Permit applicant, MikeTsachres Initial Study Recommendation of Environmental Review Committee Emails from residents Submitted by: Ciddy Wordell, City Planner ~ Approved by: Steve Piasecki, Director of Community Developm . G:\Planning\PDREPORT\pcUsereports\ U-2005-05.doc /4-08' U-2005-05 /"....., ,I ...... J I ¡;." I L'-? -.- CITY OF CUPERTINO 10300 Torre Avenue Cupertino, California 95014 MODEL RESOLUTION OF THE PLANNING CO.MMISSION OF THE CITY OF CUPERTINO RECOMMENDING APPROVAL OF A USE PERMIT FOR A RESTAURANT, BAR AND NIGHTCLUB LOCATED AT 22100 STEVENS CREEK BOULEVARD SECTION 1: PROæCT DESCRIPTION Application No(s): Applicant: Location: U-200S-0S (EA-200S-04) City of Cupertino (Blue Pheasant Restaurant) 22100 Stevens Creek Boulevard SECTION II: FINDINGS FOR USE PERMIT WHEREAS, the Planning Commission of the City of Cupertino received an application for a Use Permit, as described in Section II. of this Resolution; and WHEREAS, the necessary public notices have been given in accordance with the Procedural ~. Ordinance of the City of Cupertino, and the Planning Commission has held one or more ~ public hearings on this matter; and WHEREAS, the applicant has met the burden of proof required to support said application; and has satisfied the following requirements: Ql) 27 2) 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; 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. NOW, THEREFORE, BE IT RESOLVED: That after careful consideration of maps, facts, exhibits, testimony and other evidence ~ sub~tted in this n:~tter, th: application for Us: Per~t is her~by rec~rru:nended for approval, ~ subject to the conditions which are enumerated m this Resolution begmrung on Page 2 thereof; and l4-bq Resolution No. Page 2 U-200S-0S May 10, 2005 ,,-...., / \) ,./. r1 "'/ .. \.,-<. -' ,J That the subconclusions upon which the findings and conditions specified in this resolution are based are contained in the public hearing record concerning Application No(s). U-200S-0S (EA-200S-04), as set forth in the Minutes of the Planning Commission Meeting of May 10, 2005, and are incorporated by reference as though fully set forth herein. SECTION III: CONDmONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT DEPT. 1. USES ALLOWED Approval is for a restaurant, bar and nightclub. Maximum hours of operation shall be 7 AM to 12 midnight Sunday through Wednesday, and 7 AM to 1 AM Thursday through Saturday. 2. REQUIREMENTS FOR OPERATION OF BUSINESS No new patrons shall be admitted after 12 midnight. Alcohol shall not be served '!2 hour prior to closing. Maximum occupancy shall be strictly enforced. 3. PARKING Additional parking spaces shall be provided on Stevens Creek Boulevard, in accordance with Department of Public Works standards. Parking shall not be allowed on the interior frontage road unless an alternate exit for emergency access is provided. Employees shall park on Stevens Creek Boulevard during peak time periods. If overflow parking occurs on a regular basis, alternate means to deter it shall be implemented, such as creating an alternate exit for emergency access to free up parking spaces or valet parking. Employees shall be present in the parking lot at closing time on Friday and Saturday nights to ensure orderly departures. 4. FUTURE REVIEW Parking, noise and general operations shall be reviewed for conformance to the conditions of approval by the Planning Commission at a noticed public hearing six months from the date of City Council approval. 5. NOTICE OF FEES, DEDICATIONS, RESERVATIONS OR OTHER EXACTIONS The Conditions of Project Approval set forth herein may include certain fees, dedication requirements, reservation requirements, and other exactions. Pursuant to Government Code Section 66020(d) (1), these Conditions constitute written notice of a statement of the amount of such fees, and a description of the dedications, reservations, and other exactions. You are hereby further notified that the 90-day approval period in which you may protest these fees, dedications, reservations, and other exactions, pursuant to Government Code Section 66020(a), has begun. If you fail to file a protest within this 90-day period complying with all of the requirements of Section 66020, you will be legally barred from later challenging such exactions. 14-10 --"" /' , ) ce' , / j ./ -/" Resolution No. Page 3 U-200S-0S May 10, 2005 PASSED AND ADOPTED this 10th day of May 200S, at a Regular Meeting of the Planning Commission of the City of Cupertino, State of California, by the following roll call vote: AYES: NOES: ABSTAIN: ABSENT: ATTEST: COMMISSIONERS: COMMISSIONERS: COMMISSIONERS: COMMISSIONERS: APPROVED: Steve Piasecki Director of Community Development Gilbert Wong, Chairperson Cupertino Planning Commission G:\planning\pDREPORT\RES\ U-2005-05 res.doc. IL/-11 GP A-200S-02 CITY OF CUPERTINO 10300 Torre Avenue Cupertino, California 9S014 MODEL RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO RECOMMENDING ADOPTION OF A GENERAL PLAN AMENDMENT TO CHANGE THE LAND USE DESIGNATION FROM PARKS TO COMMERCIAL TO ACCOMMODATE AN EXISTING RESTAURANT, BAR AND NIGHTCLUB SECTION I: PROæCT DESCRIPTION Application No.: Applicant: Project Location: GPA-200S-02 (EA-2005-04) City of Cupertino (Blue Pheasant Restaurant) 22100 Stevens Creek Boulevard SECTION II: FINDINGS WHEREAS, the Planning Commission of the City of Cupertino received an application for a General Plan Amendment, for the site described in Section I of this resolution; and WHEREAS, the Planning Commission has held a public hearing and considered public testimony from citizens and interested groups; and WHEREAS, the Planning Commission has deteITIÙned that the General Plan amendment is necessary to bring a site with an existing commercial use into conformance with the General Plan; and WHEREAS, the Plalming Commission has determined that there will not be significant environmental impacts since the site consists of an existing use that will have improved operating conditions. NOW, THEREFORE, BE IT RESOLVED: That after careful consideration of maps, facts, exhibits, testimony and other evidence submitted in this matter, the application for General Plan Amendment are hereby recommended for approval, subject to the conditions which are enumerated in this Resolution; and That the subconclusions upon which the findings and conditions specified in this Resolution are based and contained in the public hearing record concerning Application No. GPA-200S- 02 as set forth in the Minutes of the Planning Commission Meeting of May 10, 200S, and are incorporated by reference though fully set forth herein. H-ld- Resolution No. Page 2 GPA-2005-02 May 10, 2005 SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT DEPT. 1. APPROVED EXHIBITS Approval is based on Exhibit A. 2. NOTICE OF FEES, DEDICATIONS, RESERVATIONS OR OTHER EXACTIONS The Conditions of Project Approval set forth herein may include certain fees, dedication requirements, reservation requirements, and other exactions. Pursuant to Government Code Section 66020(d) (1), these Conditions constitute written notice of a statement of the amount of such fees, and a description of the dedications, reservations, and other exactions. You are hereby further notified that the 90-day approval period in which you may protest these fees, dedications, reservations, and other exactions, pursuant to Government Code Section 66020(a), has begun. If you fail to file a protest within this 90-day period complying with all of the requirements of Section 66020, you will be legally barred from later challenging such exactions PASSED AND ADOPTED this 10th day of May 200S, at a Regular Meeting of the Planning Commission of the City of Cupertino, State of California, by the following roll call vote: AYES: NOES: ABSTAIN: ABSENT: COMMISSIONERS: COMMISSIONERS: COMMISSIONERS: COMMISSIONERS: ATTEST: APPROVED: Steve Piasecki Director of Community Development Gilbert Wong, Chairperson Planning Commission G: \ Planning\PDREPORT\RES\ GPA-2005-02 res.doc 14- ¡?J MODEL RESOLUTION A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO ADOPTING A GENERAL PLAN AMENDMENT TO CHANGE THE LAND USE DESIGNATION FROM PARKS TO COMMERCIAL, LOCATED AT 22100 STEVENS CREEK BOULEVARD. WHEREAS, the City of Cupertino initiated applications for a General Plan Amendment as described in this resolution; and . WHEREAS, the necessary public notices were given in accordance with the procedure ordinance of the City of Cupertino and the City Council has held at least one public hearing on the matter; and WHEREAS, the Application No.: GP A-200S-02, request to amend the general plan land use element. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Cupertino that after careful consideration of maps, facts, exhibits, testimony and other evidence submitted in this matter, the application for General Plan Amendment, application no. GP A-200S-02 is hereby approved with the proposed property subject to the changes in the General Plan Land Use Map shown in Exhibit A. PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this 17th day of May, 200S, by the following vote: Vote Members of the City Council AYES: NOES: ABSENT: ABSTAIN ATTEST: APPROVED: City Clerk Mayor, City of Cupertino c:\ Planning\ PDREPORT\RES\ CP A-2005-02 ccres.doc /4 - 74 .~ ~ EXHIBIT A GPA-.2005-02 GENERAL PLAN EXHIBIT ,---r--{l~ µ:¡ :> ¡...-¡ p::: Q ~ ~ ~ p::: ~ :r: ~ STEVENS CREEK N Á _ Commercial 0 Res 1-6 Rancho III Parks 0 Res Very Low D/S ORes 0-4.4 D Res 4.4-12 D Res Low 1-50 Res ML 5-10 lj~ ,-, ~ L-J Res 4.4-7.7 GIS LEGEND IL{-- 15 @ /"--"\ ;' , I ¡ ~¡ Z-200S-03 ("?-) \.~ CITY OF CUPERTINO 10300 Torre Avenue Cupertino, California 95014 MODEL RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO RECOMMENDING THE RE-ZONING OF A nvO-ACRE PARCEL FROM PUBLIC PARK OR RECREATION (PR) TO PLANNED COMMERCIAL (P-COM) SECTION I: PROTECT DESCRIPTION Application No.: Applicant: Location: Z-200S-03 (EA-2005-04) City of Cupertino (Blue Pheasant Restaurant) 22100 Stevens Creek Boulevard SECTION II: FINDINGS FOR REZONING WHEREAS, the Planning Commission of the City of Cupertino received an application for the rezoning of property, as described on this Resolution; and WHEREAS, the necessary public notices have been given in accordance with the Procedural Ordinance of the City of Cupertino, and the Planning Commission has held one or more public hearings on this matter; and WHEREAS, the Planning Commission finds that the subject rezomng meets the following requirements: 1) That the rezoning is in conformance with the General Plan of the City of Cupertino. 2) That the property involved is adequate in size and shape to conform to the new zoning designation. 3) That the new zoning encourages the most appropriate use of land. 4) That the proposed rezoning is otherwise not detrimental to the health, safety, peace, morals and general welfare of persons residing or working in the neighborhood of subject parcels. 5) That the rezoning promotes the orderly development of the city. Jt../~Î0 ([~) \0 i '---"'..... / \ '.Cd'.' it-.· . G..".. ! 'ë¿/ Resolution No. Page 2 z- 2005-03 May 10, 2005 NOW, THEREFORE, BE IT RESOLVED: That after careful consideration of maps, facts, exhibits, testimony and other evidence submitted in this matter, application no. Z-2005-03 is hereby recommended for approval; and That the subconclusions upon which the findings and conditions specified in this Resolution are based and contained in the Public Hearing record concerning Application Z-2005-03, as set forth in the Minutes of the Planning Commission Meeting of May 10, 200S and are incorporated by reference herein. SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT DEFT 1 APPROVED EXHIBITS Zoning approval is for area shown in Zoning Exhibit A. PASSED AND ADOPTED this 10th day of May 200S, at a Regular Meeting of the Planning Commission of the City of Cupertino, State of California, by the following roll call vote: AYES: NOES: ABSTAIN: ABSENT: COMMISSIONERS: COMMISSIONERS: COMMISSIONERS: COMMISSIONERS: ATTEST: APPROVED: Steve Piasecki Director of Community Development Gilbert Wong, Chairperson Cupertino Planning Commission 14-17 ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CUPERTINO REZONING OF A TWO-ACRE PARCEL FROM PUBLIC PARK OR RECREATION (PR) TO PLANNED COMMERCIAL (P-COM) WHEREAS, an application was received by the City (Application no. 2-2005-03) for the rezoning of a property to Planned Commercial (P-Com); and WHEREAS, the rezoning is consistent with the City's General Plan land use map, proposed uses and surrounding uses; and WHEREAS, upon due notice and after one public hearing the Planning Commission recommended to the City Council that the rezoning be granted; and WHEREAS, a map of the subject property is attached hereto as Exhibit A as a proposed amendment to the Master Zoning Map of the City of Cupertino. NOW, THEREFORE, BE IT ORDAINED AS FOLLOWS: Section 1. That the property described in attached Exhibit A is hereby rezoned to Planned Commercial (P-Com); and that Exhibit A attached hereto is made part of the Master Zoning Map of the City of Cupertino. Section 2. This ordinance shall take effect and be in force thirty (30) days after its passage. INTRODUCED at a regular meeting of the City Council of the City of Cupertino the 17th day of May, 2005 and ENACTED at a regular meeting of the City Council of the City of Cupertino the 7th day of June, 200S, by the following vote: Vote Members of the City Council AYES: NOES: ABSENT: ABSTAIN: ATTEST: APPROVED: City Clerk Mayor, City of Cupertino G:I Planning I PDREPORTI ORD \ 2-2005-03 Ord.doc lý-l~ ~ I EXHIBIT A Z-2005-03 ZONING EXHIBIT ~ > >-< ~ Q P-; -< ,...:¡ ~ ~ P-; LEGEND N A D P - Planned Development D R1 - Single Family Residential D R1C - Single Family Residential Cluster CJ A - Agriculture .. PR - Public Park / Open Space e GIS H-1Cf Basemap Labels Abc Zoning Abc Street Names Basemap - Freeway Ramps Community Development C City Boundary !8 Aerials - July 2004 ..... -- ...., 200 0 City of Cupertino EXHIBIT 1 N SCALE 1 : 2,536 . 200 FEET 400 I 600 A Ittp:llaguardsrvr/Plan ning/home/maps/Plan n in g. mwf /4-l0 Tuesday, May 03, 2005 1:47 PM EXHIBIT 2 6~~ ~~ '< ) ,rI- : I?" \ , :ø::1 Ir=: \; I ~ ~ :u~ 1 ~n:· I :i;+ ci It=: ! ~ . I: . . ~ ß\ .~ 1,5) : IF@= \~ ü û ===1 : II_nu+.n..., '- : : . .j~~~,,!) w ~~: . . . . . ",' "8/ 'V'~ ,.K®~ :":.~ ~: 'n ~i . V ~ ª ~ I I I i .¡ c{\ ¢ I4-S I I U ~ .&. :1 ~ Ii. \J ~ & \!' EXHIBIT 3 TABLE OF CONTENTS 1. Letter to the neighbors of The Blue Pheasant 2. Neighborhood meeting sign in sheet . 3. Questions and concerns presented at the meeting of April 18, 2005 4. Customer classifications 5. Observations of customer count and parking spaces from 4/12/2005 - 4/17/2005 6. Summary of neighborhood meeting and proposed solutions. JL-/ - f do- . , / Ai \ '1"" I ~ I '.' "--/~ Mike Tsachres 1800 'Hillman Ave. Belmont, CA 94002 April 1 0,2005 To: Neighbors of the Blue Pheasant Re: Invitation to meet with the new owner, You are invited to come to the Quinian Community Center, 1 018S North Steliing Road, Cupertino, on Monday, April 18th at 6:30 PM for a social hour of coffee, tea, soft drinks and hors d' oeuvres, foliowed by a meeting to discuss your concerns fo(th_e bar op:r~_~n-=-) . We intend to apply for a Conditional Use Permit to allow operatior(o'f the b~~\ We want to learn how we might do this, while stili being a good neighbor. Hope to see you there. - Thank you, íJ!:j" co, Celi: 41S·260-7S64 04/13i2DO' . Pest Offl ca cup~rt1~O ~ 1ifofGìa (t.:per-t1no. La 8 9S0149~9 OS68370123-~098 l&dby¿:!.'-8t77 }.' ,- ......,. ::.,,, 1"8'5" Rec;ê1_ pt - ':".J.~_",..;;;-LÌ:"oi t 04~n:GS pp ;-,..-' ----.- ." ,'-' .~ " .~~~~~~- fi . 40 Snol;!Y' (gr.t PSA ßk j:7c -;';nO\!Y E':Ifé!.t I'S~ cl1100 ...---- $7 .40 :' . ,~:: 6 $37.00 $222.00 $229.40 ìctal : poid bY: ,,' Sii , ~CCO\-;l'l # b::p. 1 . .A.PPrc'Ja. , .1/. . Trð.n!.~C.t)on fl. 23 90346027B $229.40 ~XKXX~11~i~X0293 07/06 100239 141 -'-' _, '-,SÍ'"~' :;'- . -":'_BOO~St~';1\'P'¿~" G~ ~o\e Pr\nt $'n',ppin9 J.. "'cKnsb~P USPS,c-.om¡CI' _ fer other ',_ Po::.tage. . LI UcpS \ab.1s "\. ," 11 1_800-AS.-·, . \~fOr~at;~~02~17S15~8 l" 11 #. C1.rk: 03 __ ^11 ~;" ?osta91::' saleS nnalJoi' sta~p;¡;~'~ ces onìY· . '..- ""Hante. . , - "0'<. 14-'12 _____ ______n._ __~...~.u..'. NE1GHBORHOOD MEETJNG APRIL] 8,2005 neighborhood NAME TELEPHONE # COMMENTS 'í"u c...~ 1e1 ""ì "'.......\---<-. "'\' LuAS r>J ~ h... "~~'M. bv\- ~ W&(T U L~\.<.--o.. ~--i"~ Æ"/¡" /' ~ ¡.f11-R.D1Ù ' c r::7L .q.òÇ(· 9 '1(. - fa 3~ jì(.,~O'ri C( (;Orf\ez., qox- f+-+-01.9,L ev h IZ-ftJ r, YN{ 'd,rr -/J?) (E rF /(¡¿AlfEI2- c¡-r¡~ -.,.2J> r- ~ lfR fLU! Sc C? g 1- J - v;y /!:,- )/ -E", CJ..~'5 q q (, - 2$-.3 .s- - <..ß 8G f2- IX; t-jt; c? ~7 / / /Í)- .- ~ @J R.G e-Lfft?if1 er 2-51 ,-tSõ} ~¡¿Ie. 0idtfS efA q~& - (CftfJ?, ~t /JÍ ~ J¡zy :;J. Ç) - t¡:gqf l '" ~¡l r:.." 'f'. "'.I )t:a J 4 0 9 - 1 .1 (7- ð .?-1. \ =3 :;,~ Thé e-r'ib -(633 í <..,. \; <- Cþb 3. -1'-S2 (¿() ~ ~ !e/ 0 <7 Ie¡ 8-'!J - tit $3 ~tfJJ[y;J HI 1fJ¡¡;) f/J9I@j) /4-?LJ BLUE PHEASANT RESTAURANT NEIGHBORHOOD MEETING APRIL 18,2005 neighborhood NAME J t~Lt;;' 1?·€/1 e/!rb TELEPHONE # '77/-3.2/ 'fV )'5/)- (L{ & '2--- (L{o't! 517- o9Q ~517 rYYIa (~o.3) C:¡9G- g\73 COMMENTS 14 - 8'5' QUESTIONS AND CONCERNS PRESENTED ON THE BLUE PHEASANT RESTAURANT MEETING HELD ON MONDAY APRIL 18, 2005 TIME: 6:30-9:00 QUESTIONS: 1. What are the hours of operation? 2. Are you planning on using the top floor of the restaurant all the time? 3. What are the issues and plans for the parking lot? 4. Will the liquor license be carried over or will you be re-apply for one? 5. How can you control the occupancy in the building and obey the fire code regulations? 6. What is the time that the other establishments close? 7_ Is there a plan about making more parking spaces? 8. Wil1 there be supervision by Mike personally during the closing hours on Friday's and Saturdays? 9. Where is the majority of the clientele that comes to the Blue Pheasant coming from? 10. What wil1 you do to see how many people will be in the restaurant? II. How will you stop people from coming in after 12 midnight? 12. Is there going to be regulation for people parking in the residential area? 13. What will happen if there are people parking in front of my home? 14. What wiIl be done if the noise is not dealt with? Jc-f- 8'0 CONCERNS: · No problem with the restaurant and hours of operation · Issues with the people and the noise levels as they are exiting the restauranVbar. · The number of parking spaces and where people will be parking · The amount of occupancy vs the amount of parking spaces available · Not enough parking spaces, re-arrange parking spaces · Possible to put up and update the signs on the streets. · Issue a cover charge · We want the restaurant and other businesses to come to Cuperteno · Noise · Patrol neighborhood, maybe police help, security · Make sure that everyone is happy and that it is neighbor friendly · Control where people are smoking and the noise level outside · Have a meeting again in six months · People drinking in their cars · To attract an upscale crowd · The other family did not care about the neighbors concerns and requests, worried that their needs will not be met /4- r7 CUSTOMERS CLASSIFICATION 1.- CUSTOMERS CAME FOR DINNER & STAY FOR DANCE 2.- CUSTOMERS ARRIVED BETWEEN 9:00PM TO 12:00 :MIDNIGHT 3.- CUSTOMERS LEFT BETWEEN II :OOPM TO I :00 A.M. 4. -CUSTOMERS ARRlVED AFTER 12:00 :MIDNIGHT NOTE: CŒ'v1PLETE COUNT SEE ATTACHED PAGE: 14 - IT' MON TUES WED THURS FRl SAT SUN DINNERS 6-9 34 39 47 56 61 37 I DINNER WI DANCE 15 21 19 28 36 24 2 9-12 NEW DANCE CUSTMRS 45 56 65 91 96 47 3 II-lAM CUSTOMERS LEFT 5 7 11 17 19 6 4 12 -I AM LATE COMERS 0 0 4 26 24 5 AVERAGE # CUSTMRS INSIDE 52 70 77 128 137 70 .9 - 1 AM UJ-\.lJ:.. V"tl !LIV.J-V'-t/l/lV..} P ARKN SPACE PARKING LOT 92 STREET (SCRK) 24 SIDE ROADCSIGN) 12 OTHERS(HOMEMD) II TOTAL 139 HOURS OF 11:30- 11:30- I 1:30-1 AM I 1:3 0- 5:00-IAM 5:00- OPERATION 12MID l2MID lAM l2MD TOTAL HOURS 12.5 12.5 13.5 13.5 8 7 TOTAL WEEKS 67 HOURS OF OP. 14--8'9 ~. /~ -\ l/ :1) - _./ SUMMARY OF NEIGHBROHOOD MEETING BLUE PHEASANT RESTAURANT APRIL 18, 2005 The main concern the neighbors have is the noise that customers make as they are leaving the restaurant and going to their cars wIDch are parked in the street (at Stevens Creek Blvd.) near the residence homes. {/" - The noise is noticeable only on Friday and Saturday nights. During the ,'.¡ h J other days of operation there is not enough business to present a problem. ~.,,",.~,:.-->.' An effective method to minimize the noise in the surrounding area is to control hoe the customers are moving out during closing time. FIRST, THE REDUCTION OF CLOSING HOURS: Sunday to Wednesday at 12:00 midnight Thursday, Friday and Saturday at 1:00 a.rn. SECOND, CEASED SERVJNG ALCHOHOL (Yz) HOUR PRIOR TO CLOSING. THIRD, RESTRICT ADMITION OF NEW PATRONS, where security, on Friday & Saturday, will not allow new patrons to be admitted after 12:00 midnight FOURTH, SUPERVISE CUSTOMERS AS THEY LEAVE AT CLOSING A Allowing customers to leave the premises at their leisure time B. As they exit the restaurant say for example; "Thank you for coming," "have a good night," and most of all remind them about the noise with a polite remark, "Please be courteous to our neighbors. " C. In the case where an individual is noisy, security, in a friendly way, will escort him or her to their car. FIFTH, INCREASE THE PARKING SPACES IN THE LOT On Friday & Saturday all employees, including myself, me are going to park on Steven's Creek near Creek near the residential area (we are the 1L/-GtO quiet one's) therefore the entire 92 parking spaces at the parking lot will be available for the customers. _ Additional parking spaces at the Stevens Creek= 24 _ Additional parking spaces at the side road near the sign both sides= 12 _ Other additional parking spaces (home made) = 11 TOTAL parking spaces available = 139 SIXTH, INSTALLATION OF SECURITY SYSTEM I will install a closed circuit TV system where cameras will monitor the parking lot and also the customers inside the restaurant SEVEN, CLOSELY SUPERVIE BARJDANCE/PARKING LOT I personally supervise the Bar/Dance area. I will be there on all busy days and stay pass the closing time to be sure that everything goes trouble free. I will pay attention to the Parking lot, especially at 11 :00 p.m. by physically walking around the lot & street to see for any possible trouble and leave a warning note at the violator's car. To conclude, I believe that these simple steps are effective and will be able to take care of the noise problem. The only requirement for us is to be consistent and to implement this procedure on time and all the time. And last but not least, if everything else fails then I will have patrol security on those two days to momtor the parking lot and the customers as they exit the restaurant .""'" (j<.1..'..\ . \.;¡"~ t ,\.;.. / /' Finally, I would like to leave you with a concluding thought from all these events; the meeting on April 18th, my personal contact with the neighbors next to the restaurant, and the steps and procedures I have mentioned above. I will do what ever is possible to take good care of my neighbors and address any future complaints. I strongly recommend that the residence call me instead of calling the city anytime a problem arises. /4-q{ City of Cupertino 10300 Torre Avenue Cupertino, CA 95014 (408) 777-3251 CUPERTINO FAX (408) 777-3333 Community Development Department '.."ï\I!. EA File No. EA-2005-04 ase File No. U-2005,05, PROJECT DESCRIPTION: PA-2005-02, Z-2005-03 ttachments _X Project Title: City of Cupertino. Blue Pheasant Project Location: 22100 Stevens Creek Boulevard Project Description: Use Permit for a restaurant. bar and niQhtclub. General Plan amendment to chanQe the land use desiQnation from Parks to Commercial to accommodate an existinQ restaurant. bar and niQhtclub. and rezoninQ of a two- acre parcel from Public Park or Recreation IPR) to Planned Commercial (P-Com) Environmental Setting: Existinq restaurant. bar and niqhtclub on City property (Blackberry Farm). The City is applvina for the General Plan and zoninq chanae. The owner of the restaurant/bar/niahtclub business is app!vinq for the use permit PROJECT DESCRIPTION: Site Area (ac.) - I. /,r Building Coverage - % Exist. Building -_s.f. Proposed Bldg. - sJ. Zone - G.P. Designation - Assessor's Parcel No. - If Residential, Units/Gross Acre - Total# Rental/Own Bdrms Total s.f. Price Unit Type #1 Unit Type #2 Unit Type #3 Unit Type #4 Unit Type #5 Applicable Special Area Plans: (Check) o Monta Vista Design Guidelines o S. De Anza Conceptual o N. De Anza Conceptual o S. Sara-Sunny Conceptual o Stevens Crk Blvd. Conceptual o Stevens Creek Blvd. SW & Landscape If Non-Residential, Building Area - sJ. FAR - Max. Employees/Shift - _Parking Required Parking Provided Project Site is Within Cupertino Urban Service Area - YES 0 NO 0 /t./-q().. A. CUPERTINO GENERAL PLAN SOURCES D. OUTSIDE AGENCIES (Continued) 1. Land Use Element 26. Midpeninsula Regional Open Space District 2. Public Safety Element 27. County Parks and Recreation Department 3. Housing Element 28. Cupertino Sanitary District 4. Transportation Element 29. Fremont Union High School District 5. Environmental Resources 30. Cupertino Union School District 6. Appendix A- Hillside Development 31. Pacific Gas and Electric 7. Land Use Map 32. Santa Clara County Fire Department 8. Noise Element Amendment 33. County Sheriff 9. City Ridgeline Policy 34. CALTRANS 10. Constraint Maps 35. County Transportation Agency 36. Santa Clara Valley Water District B. CUPERTINO SOURCE DOCUMENTS 11. Tree Preservation ordinance 778 E. OUTSIDE AGENCY DOCUMENTS 12. City Aerial Photography Maps 37. BAAQMD Survey of Contaminant 13. "Cupertino Chronicie" (California History Excesses Center, 1976) 38. FEMA Flood Maps/SCVWD Flood Maps 14. Geological Report (site specific) 39. USDA, "Soiis of Santa Clara County" 15. Parking Ordinance 1277 40. County Hazardous Waste Management 16. Zoning Map Plan 17. Zoning Code/Specific Plan Documents 41. County Heritage Resources Inventory 18. City Noise Ordinance 42. Santa Clara Valley Water District Fuel Leak Site C. CITY AGENCIES Site 43. CalEPA Hazardous Waste and 19. Community Development Dept. List Substances Site 20. Public Works Dept. 21. Parks & Recreation Department F. OTHER SOURCES 22. Cupertino Water Utility 44. Project Plan Set/Application Materials 45. Field Reconnaissance D. OUTSIDE AGENCIES 46. Experience w/project of simiiar 23. County Planning Department scope/characteristics 24. Adjacent Cities' Planning Departments 47. ABAG Projection Series 25. County Departmental of Environmental Health A. Complete;ill information requested on the Initial Study Cover page. LEAVE BLANK SPACES ONLY WHEN A SPECIFIC ITEM IS NOT APPLICABLE. B. Consult the Initial Study Source List; use the materials listed therein to complete, the checklist information in Categories A through O. C. You are encouraged to cite other relevant sources; if such sources are used, job in their title(s) in the "Source" column next to the question to which they relate. D. If you check any of the "YES" response to any questions, you must attach a sheet explaining the potential impact and suggest mitigation if needed. E. When explaining any yes response, label your answer clearly (Example "N - 3 Historical") Please try to respond concisely, and place as many explanatory responses as possible on each paqe. F. Upon completing the checklist, sign and date the Preparer's Affidavit. G. Please attach the following materials before submitting the Initial Study to the City. "Project Plan Set of Legislative Document "Location map with site clearly marked (when applicable) /4-q?; EVALUATION OF ENVIRONMENTAL IMPACTS: ,.,- c _ 0 c- c c;:¡ - c cu cu 0 cu C':S;.... -cu- ts .!! u (.) -'=u.c·_~ .c u u ISSUES: -.- g f-¡¡::.....1Uo 1-,- CU o CU C~ en .- .¡: 01 Q, en ~ c. zQ, [and Supporting Information Sources] Q) C E en C ..- "- en C E E õ,~- Q)CI :::0 Q) 01_ ..J'- :¡; u D.VI VI C ..JVI I. AESTHETICS .- Would the project: a) Have a substantial adverse effect on a D D D ŒI scenic vista? [5,9,24,41,44] b) Substantially damage scenic resources, D D D ŒI including, but not limited to, trees, rock outcroppings, and historic buildings within a state scenic highway? [5,9,11,24,34,41,44] c) Substantially degrade the existing visual D D D ŒI I character or quality of the site and its surroundings? [1,17,19,44] d) Create a new source of substantial light or D D D ŒI glare, which would adversely affect day or nighttime views in the area? [1,16,44] II. AGRICULTURE RESOURCES: In determining whether impacts to agricultural resources are significant environmental effects, lead agencies may refer to the California Agricultural Land Evaluation and Site Assessment Model (1997) prepared by the California Dept. of Conservation as an optional model to use in assessing impacts on agriculture and farmland. Would the project: a) Convert Prime Farmland, Unique D D D ŒI Farmland, or Farmland of Statewide Importance (Farmland), as shown on the maps prepared pursuant to the Farmland Mapping and Monitoring Program of the California Resources Agency, to non- agricultural use? [5,7,39] b) Conflict with existing zoning for D D D ŒI agricultural use, or a Williamson Act contract? [5,7,23] c) Involve other changes in the existing D D D ŒI environment which, due to their location or nature, could result in conversion of Farmland, to non-agricultural use? [S,7,39] f L.£-qL( ».... 0 c:¡: _ c: c:¡: c::= -ns+' ns ns 0 ns nsns+' +' .!!! 0 0 .J::. (J .-... .c: 0 0 0 ISSUES: +' ¡¡: Ë 1-t¡:£1Go I- .- ns o ns c: ._ ",.-'- ClC- (I) ~ Co ZC- [and Supporting Information Sources] $"E U) c ;: .- .... III " E E o .gI- ð) C) :!::::: 0 Q) .~- ...J'- ~ 0 Q..fII fII " ...JfII III. AIR QUALITY - Where available, the significance criteria established by the applicable air quality management or air pollution control district may be relied upon ! to make the following determinations. Would the project: a) Conflict with or obstruct implementation of 0 0 0 ŒJ the applicable air quality plan? [5,37,42,44] b) Violate any air quality standard or 0 0 0 ŒJ contribute substantially to an existing or projected air quality violation? [5,37,42,44] c) Result in a cumulatively considerable net 0 0 0 ŒJ increase of any criteria pollutant for which the project region is non-attainment under an I applicable federal or state ambient air quality standard (including reieasing emissions which exceed quantitative thresholds for ozone precursors)? [4,37,44] d) Expose sensitive receptors to substantial 0 0 0 ŒJ pollutant concentrations? [4,37,44] e) Create objectionable odors affecting a 0 0 0 ŒJ I substantial number of people? [4,37,44] IV. BIOLOGICAL RESOURCES -- Would the project: a) Have a substantial adverse effect, either 0 0 0 ŒJ directly or through habitat modifications, on any species identified as a cahdidate, sensitive, or special status species in local or regional plans, policies, or regulations, or by the California Department of Fish and Game or U.S. Fish and Wildlife Service? [5,10,27,44] b) Have a substantial adverse effect on any 0 0 0 ŒJ riparian habitat or other sensitive natural community identified in local or regional plans, policies, regulations or by the California Department of Fish and Game or US Fish and Wildlife Service? [5,10,27,44] c) Have a substantial adverse effect on 0 0 0 ŒJ federally protected wetlands as defined by Section 404 of the Clean Water Act lincludinq, but not limited to, marsh, vernal JLf-Cj5 »... c'" 0 c'" - c c: c::¡:¡ c: -CU'" ns CU 0 ns CUns... ... .!!! (.) (.) ..r::: Co) .c.- L.. .c (.) (.) (.) ISSUES: ...¡¡:~ ....¡¡:....1io 1-,- CU o CU c ._ I/)'-'~ 0)0. U)~c. zo. [and Supporting Information Sources] CI> <:: E I/) C .-.... I/) <:: E E õ.~- Q) en :t:: 0 CI>.E!- ..J'- :¡¡; (.) Q.en en c ..Jen - pool, coastal, etc.) through direct removal, filling, hydrological interruption, or other means? [20,36,44] d) Interfere substantially with the movement 0 0 0 ŒJ of any native resident or migratory fish or wildlife species or with established native resident or migratory wildlife corridors, or impede the use of native wildlife nursery sites? [5,10,12,21,26] e) Conflict with any local policies or 0 0 0 ŒJ ordinances protecting biological resources, such as a tree preservation policy or ordinance? [11,12,41] f) Conflict with the provisions of an adopted Habitat Conservation Plan, Natural 0 0 0 ŒJ Community Conservation Plan, or other approved local, regional, or state habitat conservation plan? [5,10,26,27] V. CULTURAL RESOURCES -. Would the project: a) Cause a substantial adverse change in 0 0 0 ŒJ the significance of a historical resource as defined in §15064.5? [5,13,41] b) Cause a substantial adverse change in 0 0 0 ŒJ I the significance of an archaeological resource pursuant to §15064.5? [5,13,41] c) Directly or indirectly destroy a uniq ue 0 0 0 ŒJ paleontological resource or site or unique geologic feature? [5,13,41] d) Disturb any human remains, including 0 0 0 ŒJ those interred outside of formal cemeteries? [1,5] VI. GEOLOGY AND SOILS - Would the project: a) Expose people or structures to potential substantial adverse effects, including the risk of loss, injury, or death involving: i) Rupture of a known earthquake fault, as 0 0 0 ŒJ delineated on the most recent Alquist-Priolo Earthauake Fault Zonina MaD issued by the ILf-qrp >."" 0 1:"" _I: I: "i: I: ''¡:; I: -cu"" cu CU 0 CU CUCU"" ... .!!! 0 0 J:C).c'-~ =00 0 ISSUES: ....- ~ 1-.-.....1âo 1-'- CU o CU E:~ '" :!: .;¡: C1 C. (/) ~ Q, zc. [and Supporting Information Sourcesl '" " E en c: .- '- '" " E .§ õ.~- Q) CJ ~ 0 Q) .SP- 0. V) -I¡j) ::.:g -IV) State Geologist for the area or based on other substantial evidence of a known fault? Refer to Division of Mines and Geology Special Publication 42. [2,14.44] ii) Strong seismic ground shaking? 0 0 ŒJ 0 [2,5,10,44] iii) Seismic-related ground failure, including 0 0 ŒJ 0 liquefaction? [2,5,10,39,44] iv) Landslides? [2,5,10,39,44] 0 0 ŒJ 0 I b) Result in substantial soil erosion or the 0 0 0 ŒJ loss of topsoil? [2,5,10,44] c) Be located on a geologic unit or soil that is 0 0 0 ŒJ unstable, or that would become unstable as a result of the project, and potentially result in on- or off-site landslide, lateral spreading, subsidence, liquefaction or collapse? [2,5,10,39] d) Be located on expansive soil, as defined 0 0 0 ŒJ I in Table 18-1-B of the Uniform Building Code I (1997), creating substantial risks to life or I property? [2,5,10] I· e) Have soils incapable of adequately 0 0 0 ŒJ supporting the use of septic tanks or I alternative waste water disposal systems where sewers are not available for the disposal of waste water? [6,9,36,39] VII. HAZARDS AND HAZARDOUS MATERIALS - Would the project: a) Create a significant hazard to the public or 0 0 0 ŒJ the environment through the routine transport, use, or disposal of hazardous materials? [32,40,42,43,44] b) Create a significant hazard to the public or 0 0 0 ŒJ the environment through reasonably foreseeable upset and accident conditions involving the release of hazardous materials into the environment? [32,40,42,43,44] c) Emit hazardous emissions or handle 0 0 0 ŒJ hazardous or acutelv hazardous materials, HJ1Î >'''' c: ... 0 c:"¡; - c: I: !: '':: -",... "'",0'" "'",... ... .Œ 0 0 .co.c--¡'" .c: 0 0 0 ISSUES: ....- ~ 1-r:::...1;0 I- .- "' o '" c~ CI)'-'¡:r:nc. U) ~ c. zc. [and Supporting Information Sources] Q) C E en t: .- '- CI) C E E õ.~- Q)t» ::0 Q).~- o.cn -J(i) :!: g ...Jcn - substances, or waste within one-quarter mile of an existing or proposed school? [2,29,30,40,44] d) Be located on a site which is included on a 0 0 0 ŒJ list of hazardous materials sites compiled pursuant to Government Code Section 65962.5 and, as a result, would it create a significant hazard to the public or the environment? [2,42,40,43] e) For a project iocated within an airport land 0 0 0 ŒJ use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project result in a safety hazard for people residing or working in the project area? [ ] f) For a project within the vicinity of a private 0 0 0 ŒJ I airstrip, would the project result in a safety hazard for people residing or working in the project area? [ ] g) Impair implementation of or physically 0 0 0 ŒJ interfere with an adopted emergency response plan or emergency evacuation plan? [2,32,33,44] h) Expose people or structures to a 0 0 0 ŒJ significant risk of loss, injury or death involving wildland fires, including where wildlands are adjacent to urbanized areas or where residences are intermixed with wildlands?[1,2,44] VIII. HYDROLOGY AND WATER QUALITY -- Would the project: a) Violate any water quality standards or 0 0 0 ŒJ waste discharge requirements? [20,36,37] /4 - c¡ 0 ",'" 0 1:'" _I: I: "E I: ;¡:¡ t: -"'... ~ '" 0 '" ~",... ... .!:!! u u ..c: (J .-.... .s:;; u u u ISSUES: ....- º I- .- ;:: 1ô 0 .....- '" o '" I:'~ 1II~·;¡;ClC. en ~ C. zC. [and Supporting Information Sources] .s C E U)t: __r- III C E .§ o .!2'- Q) C) :!::: 0 Q).!2'- Q.(J) ..J'- :¡¡; U ..J(J) (J) C b) Substantially deplete groundwater 0 0 0 ŒJ supplies or interfere substantially with groundwater recharge such that there would be a net deficit in aquifer volume or a lowering of the local groundwater table level (e.g., the production rate of pre-existing nearby wells would drop to a level which would not support existing land uses or planned uses for which permits have been granted)? [20,36,42] c) Substantially alter the existing drainage 0 0 0 ŒJ pattern of the site or area, including through the alteration of the course of a stream or river, in a manner which would result in substantial erosion of siltation on- or off-site? [14,20,36J d) Substantially alter the existing drainage 0 0 0 ŒJ pattern of the site or area, including through the alteration of the course of a stream or river, or substantially increase the rate or amount of surface runoff in a manner which would result in flooding on- or off-site [20,36,38] e) Create or contribute runoff water which 0 0 0 ø would exceed the capacity of existing or planned stormwater drainage systems or I provide substantial additional sources of I polluted runoff? [20,36,42] ! f) Otherwise substantially degrade water 0 0 0 ø quality? [20,36,37] g) Place housing within a 100-year flood 0 0 0 ø hazard area as mapped on a federal Flood Hazard Boundary or Flood Insurance Rate Map or otherflood hazard delineation map? [2,38] h) Place within a 100-year flood hazard area 0 0 0 ø structures which would impede or redirect flood flows? [2,38] i) Expose people or structures to a significant 0 0 ø 0 risk of loss, injury or death involving flooding, including flooding as a result of the failure of a levee or dam? [2,36,38] IL/-~qq >.- c _ 0 c- - c:: c:: c:::¡;¡ c:: -CO'" l'S CO 0 CO ~CO- - .~ CJ u ..c:: (,) ._ "- .<:: 0 0 0 ISSUES: -.- ~ J-.-;1õ 0 I-¡¡:co o III C~ I/) :!:: .¡: CI Q. 1/)'- Q. ZQ. [and Supporting Information Sources] Q) C E U) c .- "- II) C E E õ.!2'- Q) C) ~ 0 Q) .~- ...1- ::Eo c.V) V) C ...IV) 1) Inundation by seiche, tsunami, or 0 0 0 ŒJ mudflow? [2,36,38] IX. LAND USE AND PLANNING· Would the project: a) Physically divide an established 0 0 0 ŒJ community? [7,12,22,41] b) Conflict with any applicable land use plan, 0 0 0 ŒJ policy, or regulation of an agency with jurisdiction over the próject (including, but not limited to the general plan, specific plan, local coastal program, or zoning ordinance) adopted for the purpose of avoiding or mitigating an environmental effect? [1,7,8,16,17,18,44] ¡ c) Conflict with any applicable habitat 0 0 0 ŒJ conservation plan or natural community conservation plan? [1,5,6,9,26] X. MINERAL RESOURCES -- Would the project: a) Result in the loss of availability of a known 0 0 0 ŒJ mineral resource that would be of value to the region and the residents of the state? [5,10] b) Result in the loss of availability of a 0 0 I 0 ŒJ : locally-important mineral resource recovery site delineated on a local general plan, specific plan or other land use plan? [5,1 OJ XI. NOISE -- Would the project result in: a) Exposure of persons to, or generation of, 0 0 ŒJ 0 noise levels in excess of standards established in the iocal general plan or noise ordinance, or applicable standards of other agencies? [8,18,44] b) Exposure of persons to or generation of 0 0 ŒJ 0 excessive ground borne vibration or ground borne noise levels? [8,18,44] c) A substantial permanent increase in 0 0 0 ŒJ ambient noise levels in the project vicinity above levels existing without the project? [8,18] 14- { 00 ».... 1:....0 1:.... _ I: c: t: :z I: -"'- '" '" 0 '" '" "'- - .~ (,) u .cu.c+::'- .c: u u u ISSUES: .....- ~ t-¡¡::....,taO 1-'- '" o '" c::-t: IJ '-'¡¡: C1 00 en ~ C. zOo [and Supporting Information Sources] 0> C E (/) c .- '- IJ C E E õ.~- CI> C) ~ 0 0> crI_ Q.en ...J'- :E t) ...Jen en c d) A substantial temporary or periodic D D ŒJ D increase in ambient noise levels in the project vicinity above levels existing without the project? [8,18,44] e) For a project located within an airport land D D D ŒJ use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project expose people residing or working in the project area to excessive noise levels? [8,18,44] f) For a project within the vicinity of a private D D D ŒJ airstrip, would the project expose people residing or working in the project area to excessive noise levels? [8,18] XII. POPULATION AND HOUSING -- Would I the project: a) Induce substantial population growth in an D D D ŒJ area, either directly (for example, by proposing new homes and businesses) or indirectly (for example, through extension of roads or other infrastructure)? [3,16,47,44] b) Displace substantial numbers of existing D D D ŒJ housing, necessitating the construction of replacement housing elsewhere? [3,16,44] c) Displace substantial numbers of people, D D D ŒJ necessitating the construction of replacement housing elsewhere? [3,16,44] XIII. PUBLIC SERVICES a) Would the project result in substantial adverse physical impacts associated with the provision of new or physically altered governmental facilities, need for new or physically altered governmental facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times or other performance objectives for any of the public services: Fire protection? [19,32,44] D D D ŒJ (L{-101 >,.... c.... 0 c.... _ c c c:;:; C -ns.... nI ns 0 nI nlns.... . .... .!!! () () .c(.).c:¡:;~ .cu() () ISSUES: .....- ~ I-·-....nso I- .- ns o ns c~ II) :t:: '§: c> Q. U) ~ ~ zQ. [and Supporting Information Sources] 0) '" E CI) C ._ l- II) '" E E õ.~- Q) C') ~ 0 0) .!?- ..J'- :¡;; u D..en en '" ..Jen Police protection? [33,44] 0 0 0 ŒJ Schools? [29,30,44] 0 0 0 ŒJ Parks? [5,17,19,21,26,27,44] 0 0 0 ŒJ Other public facilities? [19,20,44] 0 0 0 ŒJ XIV. RECREATION -- a) Would the project increase the use of 0 0 0 ŒJ existing neighborhood and regional parks or other recreational facilities such that substantial physical deterioration of the facility would occur or be accelerated? [5,17,19,21,26,27,44] b) Does the project include recreational 0 0 0 ŒJ facilities or require the construction or expansion of recreational facilities which might have an adverse physical effect on the environment? [5,44] XV. TRANSPORTATIONITRAFFIC-- Would the project: a) Cause an increase in traffic which is 0 0 0 ŒJ substantial in relation to the existing traffic load and capacity of the street system (i.e., resuit in a substantial increase in either the number of vehicle trips, the volume to capacity ratio on roads, or congestion at intersections)? [4,20,35,44] b) Exceed, either individually or cumulatively; 0 0 0 ŒJ a level of service standard established by the county congestion management agency for designated roads or highways? [4,20,44] c) Result in a change in air traffic patterns, 0 0 0 ŒJ including either an increase in traffic levels or a change in location that results in substantial safety risks? [4,?] d) Substantially increase hazards due to a 0 0 0 ŒJ design feature (e.g., sharp curves or dangerous intersections) or incompatible uses (e.g., farm equipment)? [20,35,44] e) Result in inadequate emergency access? 0 0 0 ŒJ [2,19,32,33,44] fLI-IDé3. »+' 0 I:+' _ c I:"i: I:~ C -ns'" ns ns 0 I\ nsns'" ... .!!! e.> e.> J:C).c0-I.. .ce.>e.> e.> ISSUES: ...¡¡:~ 1-¡¡:....1ûo f-.- I\ o ns c ._ en .- ;: tn c. CI)~ ~ zc. [and Supporting Information Sources] CI> C E U)C .-'- en C E E õ.!aJ- Q)C» =:0 Q) .~- ...J'- ::¡;; e.> Q.t/) t/) c ...Jt/) f) Result in inadequate parking capacity? 0 0 IRI 0 [17,44] g) Conflict with adopted policies. plans. or 0 0 0 IRI programs supporting alternative transportation (e.g.. bus turnouts, bicycle racks)? [4,34] XVI. UTILITIES AND SERVICE SYSTEMS- Would the project: a) Exceed wastewater treatment 0 0 0 IRI requirements of the applicable Regional I Water Quality Control Board? [5.22,28,36.44] b) Require or result in the construction of 0 0 0 ŒJ new water or wastewater treatment facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? [36,22,28,36] I c) Require or result in the construction of 0 0 0 ŒJ new storm water drainage facilities or expansion of existing facilities. the construction of which could cause significant I I environmental effects? [5,22,28,36,44] i I e) Result in a determination by the 0 0 0 ŒJ I wastewater treatment provider which serves or may serve the project that it has adequate I capacity to serve the project's projected demand in addition to the provider's existing commitments? [5.22.28,36.44] f) Be served by a landfill with sufficient 0 0 0 IRI permitted capacity to accommodate the project's solid waste disposal needs? [?] g) Comply with federal, state. and local 0 0 0 ŒJ statutes and regulations related to solid waste? [?] 1L/-fD!J a) Does the project have the potential to 0 0 0 ŒJ degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife , population to drop below self-sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history or prehistory? 0 b) Does the project have impacts that are 0 0 0 ŒJ individually limited, but cumulatively considerable? ("Cumulatively considerable" means that the incremental effects of a project are considerable when viewed in connection with the effects of past projects, the effects of other current projects, and the effects of probable future projects)? 0 c) Does the project have environmental 0 0 0 ŒJ effects which will cause s.ubstantial adverse effects on human beings, either directly or indirectly? 0 I hereby certify that the information provided in this Initial Study is true and correct to the best of my knowledge and belief; I certify that I have used proper diligence in responding accurately to all questions herein, and have consulted appropriate source references when necessary to ensure full and complete disclosure of relevant environmental data. I hereby acknowledge than any substantial errors dated within this Initial Study may cause delay or discontinuance of related project review procedures, and hereby agree to hold harmless the City of Cupertino, its staff and authorized agents, from the consequences of such delay or discontinuance. _ {£, Preparer's Signature Ad:f? i;{ /~/ ú' Print Preparer's Name t./I 00 ¿.-¡ /A/ ¿;JR¿;J!-_¿¿ . (/ 14-10,-/ ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED: The environmental factors checked below would be potentially affected by this project, involving at least one impact that is a "Potentially Significant Impact" as indicated by the checklist on the following pages. 0 Aesthetics 0 Agriculture Resources 0 Air Quality 0 Biological Resources 0 Cultural Resources 0 Geology ¡Soils 0 Hazards & Hazardous 0 Hydrology! Water 0 Land Use! Planning Materials Quality 0 Mineral Resources ŒJ Noise 0 Population! Housing 0 Public Services 0 Recreation ŒJ TransportationfTraffic 0 Utilities! Service 0 Mandatory Findings of Systems Significance DETERMINATION: On the basis of this initial evaluation the Environmental Review Committee (ERC) finds that: ŒJ The proposed project COULD NOT have a significant effect on the environment, and a NEGATIVE DECLARATION will be prepared. D. Although the proposed project could have a significant effect on the environment, there will not be a significant effect in this case because revisions in the project have been made by or agreed to by the project proponent. A MITIGATED NEGATIVE DECLARATION will be prepared. 0 The proposed project MAY have a significant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT is required. 0 The proposed project MAY have a "potentially significant impact" or "potentially significant unless mitigated" impact on the environment, but at least one effect 1) has been adequately analyzed in an earlier document pursuant to applicable legal standards, and 2) has been addressed by mitigation measures based on the earlier analysis as described on attached sheets. An ENVIRONMENTAL IMPACT REPORT is required, but it must analyze only the effects that remain to be addressed. 0 Although the proposed project could have a significant effect on the environment, because all potentially significant effects (a) have been analyzed adequately in an earlier EIR or NEGATIVE DECLARATION pursuant to applicable standards, and (b) have been avoided or mitigated pursuant to that earlier EIR or NEGATIVE DECLARATION, including revisions or mitigation measures that are imposed upon the proposed project, nothing further is required. (I; ¿(AI/, 7r/~~ Staff Evaluator Lf/:z 7/6\ Date ' ' ERC Chairperson Date 14-f06 ('í~') "--./1 ;:-..- -', I . .!. 'I ¡ I, j. i \ .......-,.' ADDITIONAL ENVIRONMENTAL IMPACT DISCUSSION: This is an existing facility. The physical changes to the property connected with these applications are limited to minor parking improvements, consisting of providing additional parking between Stevens Creek Boulevard and existing parking, in the existing parking lot and along Stevens Creek Boulevard (see attached photographs). Additional parking and operational changes are proposed to address overflow parking that has occurred in the adjacent neighborhood. PARKING The parking analysis is shown below: USE Seats/ square feet Emplovees Parkine: required Restaurant 1/4 seats (72 seats) 12 at peak time 18 Banquet room 1/4 sea ts (48 seats) (restaurant/bar) 12 Bar 1/3 seats (93 31 seats) Nightclub 1/36 sq. ft. dance 12 floor (420 SQ. ft.) Golf Shop 1/2S0 (1000 sq. 4 ft.) . Golf Course 6 vehicles/hole S4 Parking required Daytime: 119 (no nightclub) + 12 employees = 131 . Nighttime: 73 (no golf shop or golf course) + 12 employees = 85 Parkine: provided 91 Proposed parking ( 127,) provided - " With the proposed additional parking, the parking requirements are essentially met, in that the peak time employees would not include some bar/nightclub employees who should not be counted in this number. However, the operational history of the restaurant/bar indicates that. there is a parking problem in the late evening when the bar and nightclub are operating. The operator proposes additional measures to reduce off-site parking: > Reduce business hours from 2 A.M. to 12 midnight Sunday to Wednesday and 1:00 A.M. Thursday through Saturday /4 - (0 0 .." (,/1h) \ Iv:./ "-~ ...~-,,-, -2- ).> Not allow any new customers after 12 midnight Thursday through Saturday ).> Not serve drinks after 12:30 AM. Thursday through Saturday ).> Have the employees park on the street, not the customers. ).> Review of the operation by the Planning Commission at a 6-month and 1- year-intervial. NOISE Noise complaints have been associated with customers who park in or near the residential areas. The measures described above will mitigate the noise problems. G:planning/ mise/ENVIRONMENTAL IMP ACT DISCUSSION 14 -IOÎ Page I of I Ciddy Wordell From: joojeh joon [shamcijoon@yahoo.coml Sent: Thursday, May 05, 2005 9:19 AM To: Ciddy Wordell Subject: Fwd: Re: [OakdeIlRanch] NOTICE OF PUBLIC HEARING BLUE PHEASANT RESTAURANT Dear Ciddy. Another letter. Regards..... Marjan Chen Ling «:henln@yahoo.com> wrote: Date: Wed, 4 May 2005 16:24:20 -0700 (PDT) From: Chen Ling <chenln@yahoo.com> Subject: Re: [OakdellRanch] NOTICE OF PUBLIC HEARING BLUE PHEASANT RESTAURANT To: joojehjoon <shamcijoon@yahoo.com>, John Ennals <john.ennals@ieee.org> John, and Marjan, Thanks for your support and coordination. Please include our input. Our family felt strongly against the rezoning, and the extension of Blue Pheasant Restaurant operation past II :00 pm. Both proposed changes will take away the quality of life in the neighborhood. Ling Chen and Chung Yuang Shih 10069 Oakleaf Place Cupertino, CA 95014 ....__....._____..........u..........__.__.__...__·._____________.._.__._..._____._________...___...._._.______.____._,_,__.___..,.____,.,____,_,_'"___________~_._._.___..,____.__._'"_..__. Do you Yahoo!? Read only the mail you want - Yahoo! Mail SpamGuard. 5/5/05 /4-fof Page] of2 Ciddy Wordell From: joojeh joon [shamcijoon@yahoo.com] Sent: Thursday, May 05, 2005 11 :54 AM To: Ciddy Wordell Subject: The Blue Pheasant - Clean copy of John's letter. 10481 Florence Drive Cupertino May 4th, 2005 The Planning Commission City of Cupertino I speak in support of my Oakdell Ranch neighbors who are against the granting of an operating permit for the Blue Pheasant as a bar and nightclub, and rezoning of the property. This saga is truly amazing. The residents have brought the issue of noise and disturbance at 2:00am to the attention of the city for years. In my recollection we have been promised that this would be addressed many times, yet it isn't. Finally the city bought the property, then they said they had to wait for the lease to expire before imposing a 11 :OOpm closing. Then they bent over backwards to accommodate the existing leaseholder, the Rasmussens, by giving them the new lease at an advantageous rate. Then they find they are double crossed as the business is up for sale, with enough margin to provide income to the first leaseholder, I assume. Then the Rasmussens refuse to close at 11 :OOpm. So the city takes them to court. Trail set a year away. Meanwhile the new owner would like to rezone the property so that the city loses complete control over the hours of operation. I have sat in Planning Commission meetings and heard members of this committee bemoan the fact that the Oaks was zoned commercial and therefore they had no control over what went on there by the owner. We couldn't have a movie theater, we had to take a supermarket. I can remember our current mayor being dissappointed that planning had little control over that property due to zoning. Now we have a situation where the city IS the property owner and it is unclear to me what their intentions are. Does the city care about the neighbors anymore, or they just wish we would go away so they can collect the nice tax revenue stream from is obviously a highly successful business? What about their promises to us about insisting on 11 :OOpm closing time for the new leaseholder? Has that been forgotten? Is the lawsuit now going to be dropped. You spent our money to buy property to incorporate into appropriate Parks and Recreation activities. The operation of a nightclub, not a restaurant, in city property in this location is no longer appropriate for the neighborhood, and flies in the face of the purchase decision. I beg you, stick to your guns, insist the property remains in Parks and Rec., and is used appropriately towards that purpose. Other golf course aroung the bay area have happy lessees in their clubhouses providing breakfast, lunch and dinner, along with a bar. Why not this one? 5/5/05 ILl -{DC¡ Page 2 of2 John Ennals Yahoo! Mail Mobile Take Yahoo! Mail with you! Check email on your mobile phone. 5/5/05 1Lf-IID Page 1 of 1 Ciddy Wordell From: joojeh joon [shamcijoon@yahoo.com] Sent: Thursday, May 05, 2005 9:58 AM To: Ciddy Wordell Subject: The Blue Pheasant Dear Ciddy, Grace Lu and Mingshiang Wang would like to sign their names along with John's letter. I have included a copy of John's letter here again. Regards..,. Marjan ********************************************************************************** Date: Wed, 4 May 200523:26:09 -0700 (PDT) From: @ "Grace Lu" <gracelu@yahoo.com> ~:J Add to Address Book Yahoo! DomainKeys has confim1ed that this message was sent by yahoo.eom. Learn more Subject:Re: [OakdellRanch] NOTICE OF PUBLIC HEARING BLUE PHEASANT RESTAURANT To: "joojehjoon" <shamcijoon@yahoo.com> Hi Marjan, We would like to support this effort. Could we just sign our names along with John Ennals's letter? Thanks. Grace Lu and Mingshiang Wang 10300 Phar Lap Dr Cupertino, CA 95014 Yahoo! Mail Stay connected, organized, and protected. Take the tour 5/5/05 14- /II Ciddy Wordell Page I of2 From: joojeh joon [shamcijoon@yahoo.com] Sent: Thursday, May 05, 2005 9:50 AM To: Ciddy Wordell Subject: Fwd: Blue Pheasant Restaurant - Rezoning Dear Ciddy. Another Letter. Regards..... Marjan ***************************************************** From: Albrecht Schoy Subject: Blue Pheasant Restaurant - Rezoning To: planning@cupertino.org ************************************************************************* Dear members of the Planning Commission, I am strongly opposed to rezoning the property and oppose a Use Permit for a restaurant, bar and nightclub. This would cement the current misuse and would legalize it. I am in favor of a restaurant closing at II :00 pm. The city should also live up to it's obligation of enforcing the laws on the book, making sure the current owner acts in accordance with the Parks and Recreation designation of the property. My family's quality of life is negatively affected by the current Blue Pheasant practice of regularly violating the II :OOpm closing requirement. The closing time needs to be enforced to ensure the proper harmony with the surrounding residential area. Cars arrive regulary after II :OOpm and depart as late as 2:30am. These cars park next to my house, on the comer ofPhar Lap Dr. and Oakdell Ct., and the frequently noisy patrons of the Blue Pheasant wake up my family. There is also a lot of noise emerging from the front of the Nightclub, due to smokers being forced outside, and having lively conversations with occasional shouting matches. Car alarms and honking horns are the norm. 5/5/05 14-11d. Page 2 of2 The nightclub operation occasionally brings some undesirable elements into the neighborhood. Please let me know in what form I should make my concerns heard. Thank you in advance for your help in this matter. Sincerely, Albrecht Schoy 10120 Phar Lap Drive Do You Yahoo!? Tired of spam? Yahoo! Mail has the best spam protection around http://mail.yahoo.com 5/5/05 IL/-II ~ Ciddy Wordell From: Sent: To: Subject: Therese Ambrosi Smith Monday, May 02,20059:12 AM Ciddy Wordeil FW: Blue Pheasant Restaurant - AGAINST THE PROPOSAL Importance: High -----Original Message----- From: Linda Lagergren Sent: Monday, May 02, 2005 8:30 AM To: Theresé Ambrosi Smith Subject: FW: Blue Pheasant Restaurant - AGAINST THE PROPOSAL Importance: High FYI -----Original Message----- From: Valery Antonenko [mailto:vva@msn.com] Sent: Sunday, May 01, 2005 12:05 PM To: Richard Lowenthal Cc: Patrick Kwok¡ Richard Lowenthal; Sandra James; Dolly Sandoval; Kris Wang Subject: RE: Blue Pheasant Restaurant - AGAINST THE PROPOSAL Importance: High Dear Richard Lowental: 1. This is not an appropriate place for a night club. So close to Blackberry farm, residential houses, places for family activities. A musical school, a spots club for children - there are so many appropriate projets for that space. 2. We are concerned that opening a night club and re-zoning might have a deleterious effect on property values. Even more importantly, this will create a malignant growing spot in that community. We talk so much about family and moral values. Lets act accordingly. 3. Cupertino has already been engaged in a lot of commercial build up. Loosing any piece of Public Park takes away from the quality of life. It is a form of stealing. 4. Rezoning most probably will open an easy way for equally or even more outrageously inappropriate projects, which might not need a broad discussion and, therefore will have a substantially lower threshold for approval. 5. With the growing population of Cupertino, its inetrest in education, huge lot-size houses being erected, we'd like to see re-zoning tendencies go into opposite direction - creating more parks, taking better care of the existing parks (not building expensive futuristic fire-stations), ending monopoly of Los Altos Garbage comany on debrie removal, planting more trees, getting more books for the library, attracting best teachers -not exotic dancers, not erecting lavishing Citi Council and Library buildings (similar cities on the East Coast, like Lexington, MA, for example, has an excellent library, which is housed in a more than a 100-years old building, free garbage collection, free snow removal, etc. with much lower property and state taxes) . 6. We feel we don't need to attract people whose entertainment needs 1 14-1/4 gravitate towards night cluDs, casinoes, etc. There are plenty of places like that. Let them go and indulge those legitimate needs in those communities. Why should we pay for an increased risk for the neighborhood security, increased risk for drivers due to potential of increse of DYI incidents, etc? Please keep the sofistication and high intellectual level of our town. Sincerely. Dr. V. Antonenko, Mrs. S. V. Antonenko Miss O. V. Antonenko >Frorn: "Richard Lowenthal" <richard@lowenthal.com> >Reply-To: <richard@lowenthal.com> >To: "'Valery Antonenko'" <vva@rnsn,com> >Subject: RE: Blue Pheasant Restaurant - AGAINST THE PROPOSAL >Date: Sun, 1 May 2005 07: 51: 06 -0700 > >Dear Antonenkos, > >Thank you for your note. Would you please let me know why you oppose the >zoning change? I'd like to know if it is an objection about how things are >working now, or concern about some future possibilities. > >Thank you >Richard Lowenthal > > > > > > > > > > > > > > > > > > > We CATEGORICALLY OPPOSE the proposed change of the land use from Parks >to > > > > > > > > > > > > > > > > > > > > Sincerely, > > > > > > > > > > > > > > > > > ---~-Original Message----- From: Valery Antonenko [mailto:vva@rnsn.com] Sent: Saturday, April 30, 2005 11:03 PM To: pkwok@cupertino.org; rlowenthal@cupertino.org; dsandoval@cupertino.org; kwang@cupertino.org Subject: Blue Pheasant Restaurant - AGAINST THE PROPOSAL Importance: High sjarnes@cupertino.org; Commercial Recreation to Planned and re-zoning of a two-acre parcel from Public Park or Commercial. only a few months ahead, we would like to With the Municipal Elections make it absolutely clear that we will vote against each and will support the re-zoning from Public Park to Planned any candidate who Commercial. Dr. Valery V. Antonenko Mrs. Svetlana Antonenko Ms. Olga Antonenko 10747 Par Three Drive Cupertino, CA 95014 2 14 -/I '5 Page 1 of I Ciddy Wordell From: Nancy Czosek on behalf of City of Cupertino Planning Dept Sent: Monday, May 02, 2005 7:57 AM To: Ciddy Wordell Subject: FW: Public Hearing Ciddy, From the department mailbox. -----Original Message----- From: Felix KWOk [mailto:felixkwok@yahoo.com] Sent: Saturday, April 30, 2005 10: 13 PM To: City of Cupertino Planning Dept Subject: Public Hearing 1 am strongly object the new owner to operate a bar or nightclub at the following address: 22100 Stevens Creek Blvd., Cupertino, CA 95014. Felix KWOK Home owner of 10211 Colby Ave., Cupertino, CA 95014. 408-996-8181. Do You Yahoo!? Tired ofspam? Yahoo! Mail has the best spam protection around http://mail.yahoo.com 5/2/05 /4-I/(p Ciddy Worden From: Sent: To: Subject: Nancy Czosek on behalf of City of Cupertino Planning Dept. Monday, May 02, 2005 7:58 AM Ciddy Wordell FW: Blue Pheasant Restaurant-AGANST THE PROPOSAL -----Original Message----- From: Valery Antonenko [mailto:vva@rnsn.com] Sent: Saturday, April 30, 2005 10:53 PM To: City of Cupertino' Planning Dept. Subject: Blue Pheasant Restaurant-AGANST THE PROPOSAL We CATEGORICALLY OPPOSE the proposed change of the land use from Parks to Commercial and re-zoning of a two-acre parcel from Public Pare or Recreation to Planned Commercial. Dr. Valery V. Antonenko Mrs. Svetlana Antonenko Ms. Olga Antonenko 10747 Par Three Drive Cupertino, CA 95014 1 ly-117 Page I of I Ciddy Wordell From: Nancy Czosek on behalf of City of Cupertino Planning Dept. Sent: Tuesday, May 03, 2005 8:27 AM To: Therese Ambrosi Smith; Ciddy Wordell Subject: FW: Blue Pheasant Restaurant Public Hearing -m-Original Messagem-- From: Joe_KOLLER@dadebehring.com [mailto:Joe_KOLLER@dadebehring.com] Sent: MOQday, May 02, 2005 5:54 PM To: City of Cupertino Planning Dept. Subject: Blue Pheasant Restaurant Public Hearing I am a Cupertino resident and recently received a notice in the maiL I won't be able to make it to the meeting, but I wanted to say that I am for the motion. The restaurant should be issued all the applicable permits. U-2005-05, GPA-2005-02, Z-2005-03 (EA-2005-04) Thank you, Joe Koller 10671 Randy Lane THIS E-MAIL MAY CONTAIN CONFIDENTIAL OR PROPRIETARY MATERIAL FOR THE SOLE USE OF THE INTENDED RECIPIENT. ANY REVIEW, USE, DISTRIBUTION OR DISCLOSURE BY OTHERS IS STRICTLY PROHIBITED. IF YOU ARE NOT THE INTENDED RECIPIENT, OR AUTHORIZED TO RECEIVE THE INFORMATION FROM THE RECIPIENT, PLEASE CONTACT THE SENDER BY REPLY E-MAIL AND DELETE ALL COPIES OF THIS MESSAGE. 5/3/05 ILl -11'6 Ciddy Wordell From: Sent: To: Subject: Nancy Czosek on behalf of City of Cupertino Planning Dept Tuesday, May 03, 2005 8:27 AM Therese Ambrosi Smith; Ciddy Wordell FW: Blue Pheasant Restaurant - Rezoning -----Original Message----- From: Albrecht Schoy [mallto:albrecht schoy@yahoo.com] Sent: Monday, May 02, 2005 4:10 PM To: City of Cupertino Planning Dept. Subject: Blue Pheasant Restaurant - Rezoning Dear members of the Planning Commission, I am strongly opposed to rezoning the property and oppose a Use Permit for a restaurant, bar and nightclub. This would cement the current misuse and would legalize it. I am in favor of a restaurant closing at 11:00 pm. The city should also live up to it's obligation of enforcing the laws on the book, making sure the current owner acts in accordance with the Parks and Recreation designation of the property. My family's quality of life is negatively affected by the current Blue Pheasant practice of regularly violating the 11:OOpm closing requirement. The closing time needs to be enforced to ensure the proper harmony with the surrounding residential area. Cars arrive regulary after 11:OOpm and depart as late as 2:30am. These cars park next to my house, on the corner of Phar Lap Dr. and Oakdell Ct., and the frequently noisy patrons of the Blue Pheasant wake up my family. There is also a lot of noise emerging from the front of the Nightclub, due to smokers being forced outside, and having lively conversations with occasional shouting matches. Car alarms and honking horns are the norm. The nightclub operation occasionally brings some undesirable elements into the neighborhood. Please let me know in what form I should make my concerns heard. Thank you in advance for your help in this matter. Sincerely, Albrecht Schoy 1 /4-1/ q Page I of I Ciddy Wordell From: Therese Ambrosi Smith Sent: Tuesday, May 03, 2005 1:33 PM To: 'felixkwok@yahoo.com' Cc: Ciddy Wordell Subject: RE: Public Hearing Dear Mr Kwok- Thank you for your email message. It will be forwarded to the Planning Commission prior to their meeting on Tuesday. I noticed that you live some distance from the Blue Pheasant; you may be unaware that it has operated as a bar/nightclub for the last thirty years. The business is changing owners at this time and we want them to come in for public review and a Conditional Use Permi!. What we are doing will enable us to have greater control over the bar operation. Please contact me if you would like to discuss this matter further. I can be reached at 777 -3110. Regards- Therese Smith, Director, Parks and Recreation Department [Therese Ambrosi Smith] -----Original Messagem-- From: Nancy Czosek Sent: Monday, May 02, 2005 11:53 AM To: Therese Ambrosi Smith Subject: FW: Public Hearing -----Original Message----- From: Felix KWOk [mailto:felixkwok@yahoo.com] Sent: Saturday, April 30, 2005 10: 13 PM To: City of Cupertino Planning Dept. Subject: Public Hearing I am strongly object the new owner to operate a bar or nightclub at the following address: 22100 Stevens Creek Blvd., Cupertino, CA 95014. Felix KWOK Horne owner of 10211 Colby Ave., Cupertino, CA 95014. 408-996-8181. Do You Yahoo!? Tired of sparn? Yahoo! Mail has the best sparn protection around http://rnail.yahoo.com 5/3/05 14 -I ao Ciddy Wordell From: Sent: To: Subject: Therese Ambrosi Smith Wednesday, May 04, 2005 3: 17 PM Ciddy Wordell FW: Notice of public hearing, Blue Pheasant restaurant -----Original Message----- From: Linda Lagergren Sent: Wednesday, May 04, 2005 2:35 PM To: Therese Ambrosi Smith Subject: FW: Notice of public hearing, Blue Pheasant restaurant -----Original Message----- From: payman Tappan [rnailto:ptappan@hotmail.comJ Sent: Wednesday, May 04, 2005 11:17 AM To: Dolly Sandoval Subject: Notice of public hearing, Blue Pheasant restaurant Dear Ms. Sandoval, I am writing you this note to share with you the concerns of my family and I with regards to accepting the Blue Pheasant's new owner application include Nightclub operations as a part of the USE permit. My family and I have been suffering and negatively impacted by the 'less than friendly' and 'less than considerate' behavior of the nightclub guests. The problem is not limited to just a parking issue. It is also all the related late hour noise, shouting matches, robber burning, hanging around homes talking, laughing, smoking, vandalism, car We support a community oriented restaurant llpm to allow its neighboring community to after a long day at work. We hope that when the time comes for you to cast your vote, you would keep our well-being in mind. to alarms, etc.... operations which closes enjoy their family life at and homes Best regards, payman Tappan Express yourself instantly with MSN Messenger! Download today - it's FREE! http://messenger.msn.click-url.com/go/onm00200471ave/direct!Ol! 1 /4-1;}.1 Page I of2 Ciddy Wordell From: joojeh joon [shamcijoon@yahoo.com] Sent: Thursday, May 05, 2005 11:32 AM To: Ciddy Wordell Subject: BLUE PHEASANT RESTAURANT - Letter of Concen. Please include in the Staff Report CITY OF CUPERTINO NOTICE OF PUBLIC HEARING BLUE PHEASANT RESTAURANT 05/05/05 Dear Members of the Planning Commission, Number of my neighbors together with my family and I are strongly apposed to issuance of a USE PERMIT to the Blue Pheasant to run a BAR AND NIGHTCLUB operation. We are strongly apposed to operation hours after llpm. We are strongly apposed to rezoning to Commercial zone -- For once, please HEAR US. These strong feelings are the result of years of promises made to us and not keep ?Both by our City officials as well as by the business owner of the Blue Pheasant. For years our City has been blaming the unpleasant situation we in the surrounding neighborhood had to suffer through on a number of things, such as: lease is grandfathered and is hard to change, due to zoning issues the City has no power to remedy the situation, already there are enough number of parking spaces, nothing can be done about the closing time until the lease is up for renewal, it is all the business owner's fault not to care about the community, and more? Years came and went by and we continued to be cheated out of a quality of life we rightly deserved. Not only there were NO improvements, things just got worse and worse. Even when the time came for the lease to be renewed, the City failed to structure a legally enforceable contract and on top ofthat extended the lease for 5 more years at an advantage rate to the very same businessman whom the City was all along blaming to be the main source of conflict and behaving selfishly. NOW IS THE TIME for us to see where our City officials really stand. Let's NOT ask how much can be pushed down on a community to accommodate the objectives of a financially driven businessman who has been or is forcing his way for years to run a Nightclub in the heart of an area where today has rapidly developed into a family oriented community, just because he has been doing so for over 30 years and has been getting away with it. Also, let's NOT accept that since one businessman chose to conduct his business irresponsibly that it sets the basis for another to follow in his footsteps for his own financial gains. Rather, let's DO focus on how to best preserve the quality of life in our family oriented surrounding neighborhood and nurture the sense of community and trust by regulating a business to be more in harmony with its neighboring community. The challenge is that the primary objectives ofthe business owner in one hand and of the neighborhood in the other are in conflict. The business owner is solely driven by maximizing his investment and the financial gains, where the neighborhood is driven to create a safe, peaceful and enjoyable living 5/5/05 1L/-f';¿Q. Page 2 of2 envirorunent. To resolve the conflict, both sides need to compromise. We believe that our neighborhood has put forth a very generous compromise by welcoming the Restaurant operation in our neighborhood with the Ilpm closing. This effectively will be impacting our lives thru l2:00am-12:30am, since most guests usually linger around way past the closing time. But, this is where we need to draw the line. If the surrounding neighborhood is pushed to take a l2:00am and/or 01 :OOam closing time, which effectively means traffic and disturbances up until 01 :OOam, 02:00am or longer, then NO compromise has been made by the business and this is WRONG! And, if our City, one more time, chooses to favors its own financial gains and that of an outsider business over the wellbeing and the quality of life of its community, then it is just too sad! But, the time has come for us to KNOW. We continue to strongly believe that the best compromising solution is a RESTAURANT operation, which closes at II pm (as per the terms of the renewed lease), combined with additional parking spaces to accommodate the maximum number of guests legally allowed under our City's fire codes. This may be accomplished by help from the City to increase the number of parking spaces available or by the owner providing valet parking to prevent overflow of cars and guests into the surrounding neighborhood. After all, the Blue Pheasant Nightclub guests (mostly not Cupertino residents) have a number of other nightclubs and places to go to have a good time, such as San Francisco and Downtown San Jose, which are structured specifically to cater to the Nightclub life style. On the other hand, we the residents of the neighboring community have ONLY ONE HOME TO GO TO, to rest, relax and enjoy our family time. We strongly urge you and our other City officials who have accepted the responsibility of representing us and to defend and to protect our rights to choose wisely and fairly. Sincerely, Marjan Kashvad 10120 Phar Lap Drive A signed copy of this letter by the supports of this letter will be provided at the May la, 2005 meeting Discover Yahoo! Get on-the-go sports scores, stock quotes, news & more. Check it out! 5/5/05 IY-Id,..:? Page I of I Ciddy Wordell From: joojeh joon [shamcijoon@yahoo.com] Sent: Thursday, May 05, 2005 11:49 AM To: Ciddy Wordell Subject: The Blue Pheasant Restaurant - Letter of Concern. To: Members of the Planning Commissions, We are very much opposed to the Blue Pheasant Restaurant's application for a Use Permit to a bar and nightclub. We are also against rezoning the property from PR to P-Com for the following reasons: I. A noisy bar and nightclub in the middle of a quiet and peaceful residential area is not a good city planning 2. Park and Recreation area is for public use and will benefit all the residents in many healthy ways. However rezoning can only benefit few individuals for commercial reasons. 3.The parties do not stop when the bar and nightclub closed at 2:30 in the morning. Many small groups of Blue Pheasant's guests very often continue to laugh and talk loudly outside of the restaurant and hang around our homes. This certainly has decreased the quality of living of all our neighbors. Thanks for your attention The Chang's Family 21959 Oakdell Place, Cupertino, CA950l4 Li Wei Sun Chih-yeuan Chang Discover Yahoo! Get on-the-go sports scores, stock quotes, news & more. Check it out! 5/5/05 J4-1 ;).4 Page 1 of2 Ciddy Wordell From: joojeh joon [shamcijoon@yahoo.com] Sent: Thursday, May 05, 2005 11:44 AM To: Ciddy Wordell Subject: Letter of concern resent in an email format 10090 Phar Lap Drive Cupertino, CA 95014 May 4, 2005 City of Cupertino Planning Commission 10350 Torre Avenue Cupertino, CA 95014 Dear Commission Members, I am mortified to be told that the commission is even considering the re-zoning of the Blue Pheasant Night Club property from Parks and Recreation to Commercial. Problems with the ¡ate night operation of the Blue Pheasant Night Club have been going on for at least the past 5 % years, for as long as we have lived on Phar Lap Drive. Long-time neighbors who have lived in the area have been dealing with issues for much longer than that. The Cupertino City Council has actively chosen to ignore the concerns of its residents by allowing the nightclub to operate in an unacceptable manner for many years and to blatantly violate the terms of the current lease. The council now has the opportunity to respond to the concerns of the affected residents. The council must listen to, acknowledge, and be responsive to the concerns of the residents. I am personally opposed to any re-zoning of the area from Parks and Recreation to Commercial. Any relaxation of the zoning to expand the operating hours, the types of business which can locate on the property, and increase traffic in and around the area, is in direct conflict with the needs and concerns of the surrounding neighborhoods. Furthermore, any re-zoning consideration is in direct conflict with concerns that affected neighborhood residents have raised again and again with the mayor (Sandra James in 2001), city council (at multiple city council meetings), and planning commission, for at least the past 5 % years. The city council and the planning commission must start listening to and addressing the concerns of the residents. Do not re-zone the property. As the owner of the Blue Pheasant property, the city needs to actively manage the tenant, and 5/5/05 /4-1;)5 Page 2 of2 enforce the terms of the existing lease. Thomas E. Maiello Yahoo! Mail Mobile Take Yahoo! Mail with you! Check email on your mobile phone. 5/5/05 fLf-ldlp I ì'~: Ilj\~~' · CUPEIQ1NO Parks and Recreation Department CITY COUNCIL STAFF REPORT Agenda Item Number 12 Agenda Date: May 17,2005 ISSUE Approval of the Community Special Events Policy for the Civic Center Plaza BACKGROUND On March 21, 2005, the City Council Policy Subcommittee asked the City Attorney to draft language that would enable for-profit organizations to obtain special event pennits for Civic Center Plaza after Commission and Council review of event applications. The attorney has drafted objective criteria for screening events. The subcommittee's recommendation was to forward the edited policy to the full Council for review. It is attached. Memorial Park is a popular special event venue restricted to use by nonprofit organizations. When Civic Center Plaza was developed, it was assumed that some for- profit use ofthe area would be desirable for activities such as a fanner's market. The draft policy gives review of event applications to the Parks and Recreation Commission with final approval by the City Council. Some of the factors that may be considered in the review of the applications include: · Will the event provide cultural, social, recreational or educational activities for Cupertino residents or businesses? · Will the event create adverse physical impacts on Cupertino businesses and residents? · Will the event unreasonably conflict with the operation of any public building or structure in the area? · Will the event benefit charitable or educational organizations that provide services to Cupertino residents or businesses? · In the case of a returning event, did the event, in previous years, comply with City policies and laws? No language in this policy limits application to nonprofit sponsors. The attorney has warned that opening the Plaza to for-profit events could result in applications that the Council may feel are not appropriate, without the ability to objectively deny them. Printed on Recycled Paper 1<)-1 May 17,2005 Page 2 of2 RECOMMENDATION If the Council wishes to allow for-profit events at City Center Plaza, it is recommended that the attached draft policy be adopted. If, after consideration of the potential risks of opening up the policy to for-profit activities, the Council determines it would prefer to manage this facility for nonprofits only, then staff would revise the language to limit use to nonprofit organizations. Respectfully submitted: Approved for submission to City Council: T~e:es~ith, Director Parks and Recreation Department ßnL David W. Knapp, City Manager g:\parks and recreation admin\special events\staffreports\civic center policy 051605.doc 1)-;( Community Special Events at Civic Center Plaza PURPOSE The purpose of this policy document is to establish policies and procedures for the exclusive use of the Civic Center Plaza, or significant portions thereof, for special community events. DEFINITIONS I. Civic Center Plaza includes: the area bordered by City Hall, the Community Hall, the Library and Torre Avenue, and parking and appurtenant areas that may be needed to stage an event. 2. Community Special Events: are those community events which require the exclusive use of all, or a significant portion of, the Civic Center Plaza, for specified periods of time. 3. Significant Portion of the Civic Center Plaza: means that portion of the Civic Center Plaza, the exclusive use of which will cause one or more of the following conditions: a) Foreseeable interference with the normal flow of pedestrian or vehicular traffic b) The requirement of special regulation or waiver of the usual traffic controls c) The foreseeable generation of a crowd of spectators sufficient in size to obstruct, delay or interfere with the normal flow of pedestrian or vehicular traffic d) The foreseeable generation of a crowd of spectators sufficient in size to restrict access to public buildings and structures or which will require special police regulation POLICIES I. The City encourages special community events and activities that benefit the community. 2. The City acknowledges that various community and local groups and organizations plan, organize, and implement special community events. 3. The sponsor of the event must submit an application for exclusive use of Civic Center Plaza, or significant portion thereof, to the Parks and Recreation Director up to one year before, and no later than six (6) months prior to the event. 4. Special community event applications shall be reviewed by the City Parks and Recreation Commission and approved by the City CounciL The event sponsor shall be responsible for payment of all costs incurred in administering the application and shall be responsible for obtaining all necessary permits and licenses required for the event. 5. The City Council may consider applications based upon the following guidelines: a) Will the event provide cultural, social, recreational or educational activities for Cupertino residents or businesses? b) Will the event create adverse physical impacts on Cupertino businesses and residents? Community Special Events at Civic Center Plaza Page I of3 May 10, 2005 /)-3 c) Will the event unreasonably conflict with the operations of any public building or structure in the area? d) Will the event benefit charitable or educational organizations that provide services to Cupertino residents or businesses? e) In the case of a returning event, did the event in previous years comply with City policies and laws? 6. In addition to complying with this Special Event Policy, sponsors shall also comply with all applicable laws, ordinances, and regulations. 7. The Director of Parks and Recreation will have additional authority to add special conditions for exclusive use as may be necessary to accommodate any event. SPECIAL CONDITIONS Upon the City Council's approval of the special event application, event organizers shall meet with City stafffrom Public Works and Parks and Recreation Departments to review special conditions for exclusive use of Civic Center Plaza. Special event groups must provide: I. Insurance for public liability, automobile liability and workers compensation liability as outlined in the City's special event insurance packet. 2. Event set-up shall begin no earlier than 7 a.m. and all activity must cease by 10 p.m. Vendors will be permitted to unload supplies and equipment from Torre Avenue. 3. Event volunteers will monitor parking. 4. Tents will be erected using the barrel method. The longest stakes allowed will be 6-inch stakes. 5. Day-of-event promotional signs may be displayed on the interior of Civic Center Plaza. Signs may not be placed on the sidewalk area or public right of way. 6. Event advertisement in Civic Center Plaza may be placed no earlier than two weeks before the event. Tying anything to park trees or furniture is not allowed. 7. Additional trash and recycle containers and dumpsters may be needed in Civic Center Plaza. Organizers are responsible for providing and emptying trash receptacles in Civic Center Plaza on event days. 8. An event layout must be submitted in writing fourteen (14) days prior to event. 9. An off-site parking plan must be submitted in writing thirty days prior to event. 10. Event organizers are required to hire, at the event organizers' expense, a Sheriffs Deputy to patrol the plaza from 7 a.m. to 6 p.m., on days of the event. The deputies shall enforce city ordinances, and in particular, prevent vehicles from driving into the park. Community Special Events at Civic Center Plaza Page 2 of3 May 10, 2005 I)-I{ II. Portable toilets and ADA portable toilets may be required. 12. Event organizers are required to provide written notification of the event to adjacent neighbors 30 days in advance of the event. 13. Only water-soluble material for marking booth space may be used. 14. Pony/animal rides will not be allowed. 15. The City must approve the number of booths. Organizers must obtain a Festival and Fair Permit from the County of Santa Clara Department of Environmental Health, an Outdoor Fairs Permit ITom the Santa Clara County Fire Department, and City Business Licenses. 16. Festival organizers must provide, in advance of festival date, the "City of Cupertino Regulations for Festivals" to all festival vendors. Civic Center Plaza Spec. Event Policy 05~lO-05.doc Community Special Events at Civic Center Plaza Page 3 of3 May 10, 2005 (')-5"' \/'1"&.. i ~ ~~.A _~'-J City Hall 10300 Torre Avenue Cupertino, CA 95014-3255 Telephone: (408) 777-3182 FAX: (408) 777-3175 I F CUPEIQ1NO OFFICE OF CODE ENFORCEMENT SUMMARY AGENDA ITEM NO. I Î MEETING DATE: 5- n - 05"' SUBJECT Review and approve changes to the Massage Ordinance and intemal procedures to enhance communication during permit processing and recognize different modalities related to massage. BACKGROUND On January 18, 2005, the City Council reviewed the applications of two Massage Therapists. At that time, questions arose concerning certification, training, adequacy of our testing method and interpretive services. Staff was asked to review our current Ordinance and procedures and return to City Council with recommendations. After extensive research and discussions with Dr. Roth and other professionals in this field, staff proposes the following improvements: · Advise applicants in writing what areas they will be tested on ifthey take the practical exam with Dr. Roth. Note: This has been implemented as of January 24, 2005. · Advise applicants in writing about translation services offered through Dr. Roth. Note: This has been part of our process for over one year. · Make policy change, which states that if an applicant uses a translator offered through Dr. Roth and fails their first practical exam, Dr. Roth will automatically use a different translator for the second test The applicant will not have to make a formal request Note: This policy was implemented in March 2005. · Change existing Massage Ordinance to allow three options regarding practical exam testing. 1. Take and pass a practical performance exam administered through a medical practitioner approved by the City of Cupertino. Note: Dr. Mitchell Roth is and has been the designated medical practitioner since 1995. Retain verbal testing in relation to basic anatomy as all schools require sucb courses as part of their curriculum. Printed on Recycled Paper /7-/ 2. Take and pass the National Certification Board for Therapeutic Massage and Bodywork test. A certified copy of the certificate of a passing grade will be required during the application process. 3. Take and pass the National Certification Commission for Acupuncture and Oriental Medicine test module related to Asian Bodywork Therapy as a minimum standard. A certified copy of the certificate of a passing grade will be required during the application process. Note: Extensive research indicates that this organization is recognized by several massage schools and organizations as offering viable competency testing with a focus on Asian Bodywork Therapy. Anyone of these options wi1l be accepted as proof of competency as related to the required practical exam. Staff feels that these changes to policy/procedure and to the existing Massage Ordinance will recognize other massage modalities such as Tuina and Asian Bodywork Therapy and will give applicants more guidance, fairness and options in obtaining a Massage Therapist Permit in the City. Recommendation Approve staff proposals to the Massage Ordinance and administrative procedures. Submitted by: Approved for submission to the City Council: ~ ~ Gary Kornahrens Code Enforcement Officer David W. Knapp City Manager 17-:2- DRAFT ORDINANCE NO. 1963 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CUPERTINO AMENDING SECTIONS 9.06.110 B3 AND 9.06.120 OF THE CUPERTINO MUNICIPAL CODE RELATING TO MASSAGE ESTABLISHMENTS & SERVICES THE CITY COUNCIL OF THE CITY OF CUPERTINO HEREBY AMENDS SECTIONS 9.06.110 B3 AND 9.06.120 OF THE CUPERTINO MUNICIPAL CODE TO READ AS FOLLOWS: 1. Amendment Section 9.06.110 B3 of the Cupertino Municipal Code is hereby amended to read as follows: 9.06.110 B3 Massage Therapist Permit-Criteria for Issuance 3. Has taken and successfully passed the National Certification Board for Therapeutic Massage and Bodywork or the National Certification Commission for Acupuncture and Oriental Medicine test module related to Asian Bodywork Therapy. The applicant must submit a current certificate with the application to satisfy these criteria. Section 9.06.120 of the Cupertino Municipal Code is hereby amended to add the following language at the end of section 9.06.120: 9.06.120 Massage Therapist Practical Examination Applicants, who have taken and successjùlly passed the National Certification Boardfor Therapeutic Massage and Bodywork or the National Certification Commission for Acupuncture and Oriental Medicine test module related to Asian Bodywork Therapy, shall be exempted from the Massage Therapist Practical Examination. The applicant must submit a current certificate with the application to be exempt. 17- 3 Ordinance No. 1963 2 2. Publication Clause The City Clerk shall cause this ordinance to be published at least once in a newspaper of general circulation published and circulated in the City within 15 days after its adoption, in accordance with Government Code Section 36933, shall certify to the adoption of this ordinance and shall cause this ordinance and her certification, together with proof of publication, to be entered in the Book of Ordinances ofthe Council of this City. INTRODUCED at a regular meeting of the City Council of the City of Cupertino this 17th day of May 2005, and ENACTED at a regular meeting of the City Council of the City of Cupertino this _ day of 2005 by the following vote: Vote Members of the City Council AYES: NOES: ABSENT: ABSTAIN: ATTEST: APPROVED: Mayor, City of Cupertino City Clerk 2 (7- i 10300 Torre Avenue Cupertino, CA 95014 (408) 777-3308 FAX (408) 777-3333 Community Development Department CITY OF CUPEIG1NO SUMMARY AGENDA NO. :10 AGENDA DATE Mav 17. 2005 SUMMARY: General Plan hearing schedule RECOMMENDATION: Staff recommends that the City Council discuss and confirm or amend the Planning Commission General Plan hearing schedule. BACKGROUND: The Planning Commission has been reporting its General Plan review schedule to the City CounciL The Commission has extended the schedule several times; the City Council expressed its concern and wants to review the schedule at this meeting. DISCUSSION: The Planning Commission discussed the schedule at its May 10, 200S meeting. The schedule, shown below, projects completion at the June 28, 200S meeting, but the Commission doubts that all the issues can be addressed by then and may need additional meetings into July. They are willing to hold an extra meeting on Sunday, June 12, to help expedite completion, if so directed by the City CounciL The Commission discussed the fact that Sunday meetings may be difficult for the public to attend; consequently this is not their first preference. After much discussion the Commission felt they need to meet through June to complete their review. The following schedule reflects their estimated time frame for completion. Remaining General Plan Schedule: Tuesday, May 24 6:00 PM Draft Environmental Impact Report 20-1 Printed on Recycled Paper General Plan Hearing Schedule Page 2 May 17,2005 [Sunday, June 12 1:00 - 4:00 PM] Council Preliminary Recommendations Extra meeting will be held if so directed by the City Tuesday, June 14 6:00 PM Preliminary Recommendations [Wednesday, June IS 6:00 PM] Preliminary Recommendations Extra meeting if needed Tuesday, June 28 6:00 PM Final Recommendations on General Plan amendments and Draft ErR Council Options: 1) The council could ask the Planning Commission to conclude its discussions by the end of May and refer the plan at whatever state it is in at that time. It is likely the recommendation would come to you in an incomplete form. 2) The Council could begin your discussions of the background information and environmental impacts while the Commission is finishing up their recommendation. However, this format may be difficult for the public to follow and for the staff to provide support to both the Council and Commission at the same time. 3) The Council could allow the Commission to continue through the end of June with the likelihood that they might need additional meetings into July. Prepared by: Ciddy Wordell, City Planner APPROVED BY: > Ä David W. Knapp City Manager G:planning/pdreport/cc/gpschedule5-17 -05 2() - 2 E IBIT E I fr~~~ 'hv\S Every dollar we invest creates affordable housing valued at than $40! 40+ . . 1 goals: II Three year pledges of $1.5 million per year from public and from private investors. III Phase es each ili ,000 fam three years! II Help a minimum of 1 year for those HOUSING TRUST OF SANTA CLARA COUNTY Phase III: How it works PUBLIC DONORS (CITIES, COUNTY) $ MATCHED PRIVATE DONORS EMPLOYERS, FOUNDATIONS, INDIVIDUALS $1.5 million each year housing trust OFSANT¿~~~ $1.5 million each year INVESTOR GROUP ADMINISTERING AGENT WHO'S STEPPED UP FOR SILICON VALLEY FAMILIES? $250 K $200 K $150K $100K $75K $60K DIAGRAM SHOWN IS CONDENSED... THERE'S ROOM FOR MORE SUPPORT A T EVERY LEVEL! {xÞu'þ i c t sll7/DJ i1/y Letter of Concern - The Blue Pheasant Mav 16th. 2005 On May 17th, 2005, you will be in the position to decide on a very important matter, which to a great degree will affect the quality of life in our community for a number of years to come. For years we have been attending meetings, participating in discussions, sending emails, making phone calls and utilizing other means of communication trying hard to work together to come up with a compromising resolution, which would relatively work for all parties involved: The City, The Residents and the Business. It is time now. I am writing this letter to you, with the hope that there is still a chance that you would take the time to read this and be open to hearing the messages it intends to deliver. These are not just my messages. A good number of us in the surrounding neighborhood and in our community share similar thinking. A number of us, including I, did attend the meeting with the potential new owner held on April 18th, 2005, as well as, attending the May 10th, 2005 Planning Commission Public Hearing. What are the major concerns and why? Let's begin with the Staff Report, dated May loth, 2005. Prepared by the City Planner submitted to the Planning Commission for review and recommendation. I received a copy of this report on May 7th, 2005, well in advance of the May 10th Public Hearing. In the absence of considering all related facts, the Report seems to be narrowly focused on indicating the only problem being "Parking and Noise". Most probably because the primary source of feedback used in this Report came from the summary of the neighborhood concerns provided by the potential new owner, Michael Tsachres from his 4/18/05 meeting with about 23 neighbors. Not all concerns and issues are accurately captured. For example, a number of us attending the neighborhood meeting are not in agreement with the fact that the potential new owner's summary states, as its 1 st bullet point: "No problem with hours of operation". I am sure you are all very aware of residents' continuous concerns revolving around a Nightclub and beyond 11 pm operation. Isn't that one of the reasons the lease agreement was renewed with an Ilpm closing? Looking thru the May 11th, 2005 Staff Report to the City Council, prepared after the May lOt", 2005 Planning Commission Public Hearing, I still do not see any of the concerns brought up by the residents are taken into the considerations. So, it seems that the public expressed concerns have no impact on the Staff Recommendations? The Report neglected to outline residents' main concerns and therefore the proposals and recommendations it offered fell short of being balanced and practical. The biggest concerns for the residents remain to be the rezoning, the Nightclub and beyond 11 pm operation. Parking is a problem created by the current owner's violation of the lease he signed. With the nightclub operation, comes a number of other problems, which have been expressed by the residents before, such as: ~ Questions raised about the surrounding property values potentially being negatively impacted and if the property owners selling their homes are now required to disclose the problem as a "Nuisance", defined in the City of Cupertino Ordinance 1.09.030, sub A2. and A4.: "Public Nuisance" means any Page 1 of 6 of the following conditions, which is or is likely to become: An obstruction to the free use of property, such as inteiference with the comfortable enjoyment of life or property. A condition that diminishes property values and degrades the quality of life within the city. ~ Safety concerns as the designated drivers, are the only drivers and guest having too much too drink, wandering thru neighborhoods late at night. These, combined with the fact that the Staff position is that without the nightclub operation the business will not be NOT be Viable, confirms the residents concerns that it is the bar tab that makes the financial difference. ~ Prostitution: Which we are told as we talked to some surrounding residents, draws guests to the Blue Pheasant from miles away staying in local hotels for the weekend. Noisy: Loud music and guests outside. Dirty: Both around the restaurant and some guest vomiting while looking for their cars. Fights: Amongst the guests and sometime between the guests and neighbors saying anything. Inconsiderate patrons: Illegal parking, littering. Vandalism by guests. We disagree that this is just a parking and noise problem. It is true that the Blue Pheasant has been there for over 30 years in operation. Yes, the structure has been there, but the nature of the operation has dramatically changed. Due to closing of other nightclubs in the area the number of guests has dramatically increased. The mix of guests is different and the culture of the business has changed. The new potential owner himself admitted in the May 10th Planning Commission meeting "there is no lunch business, dinner business is not at all considerable and the bar/nightclub is the only business". Talking to some of the residents, we are hearing very concerning stories about what the Blue Pheasant has really become. We are told people drive form over 60 miles away, stay at the Cupertino Inn for the weekend to enjoy the services provided by the Blue Pheasant, which we are told are more than drinking and dancing. Apparently a number of the people also bring their own drinks and leave them in their cars, go in for a while and then go back out to their cars drink and go back in again. This explains the empty bottles left in our streets and yards. We were also told that the new potential owner has been made aware of these issues. This is not how things used to be. Some residents tell us that they used to go there for a drink and rest after playing sports with their friends and that they don't go anymore, since the place is not what it used to be. We talked to a number of residents and we could not find anybody who goes there. Also, the surrounding neighborhood has gone thru big changes, from mainly ranches and farms to highly populated family oriented residential area. May I ask if anyone of you have been to the Blue Pheasant lately on a Th., Fri., or Sat., night after 10:30pm to check out the nightclub operation? To look around, check out the restrooms, get a feel for the guests, talk to them to see where they live, and check out the parking and noise issues? I highly recommend for you to please consider going there (unannounced) and see it for yourselves before you cast your votes to rezone a 2-acre of precious Park and Recreation zoned land to Commercial, so a nightclub use permit can be issued to legitimatize the current operation to continue for years to come. Please get the facts yourselves. From what we are hearing from some of the residents, if substantiated, and our own personal experiences living in the neighborhood for years, we are faced with a big Page 2 of 6 community concern. I have a feeling that after your visit, denying the applications may not be a difficult choice. Even if for a moment and for the purposes of analysis we just focus on the parking and noise being the main issues, let's examine if and how the proposed resolutions and conditions recommended by the Staff would mitigate these problems. Owner has agreed to enforce maximum occupancy, which is 165 or 166 (top floor only, with another 100 or more for downstairs). According to the Staff Report (page 14-36), maximum occupancy was reached on 4/29 and 4/30,2005, and a line was formed outside. According to Mr. Tsachres, there were about 20 or so people in the line. Since guests need to park 1 st before joining the line, we could effectively be looking at about 180 or more guests, which well exceeds the number of parking spaces available. Most cars arriving are single occupied. Per the Parking Table in the Staff Report dated May 11th, 2005 (page 14-35), currently there are 91 parking spaces available and the proposed parking is 117-127 (where the 10 could be provided LATER on the interior frontage road IF alternative emergency access could be provided for fire trucks). So, effectively, we have 117 spaces for over 180 guests. Please also note that the additional 26 spaces (117 - 91 = 26) are NOT REALLY NEW SPACES! Please refer to page 14-31 of the Report. During the nightclub operation, cars are ALREADY parked on every inch of the empty space you see there. THIS PROPOSAL DOES NOT PROVIDE ANY NEW EFFECTIVE PARKING SPACES. The Staff keep mentioning that the space should be enough, but the cars still overflow in to the surrounding neighborhoods. As to the new potential owner's neighborhood meeting. We do appreciate the time and the effort. Unfortunately, community was not adequately represented and residents' concern were not correctly presented afterwards: ~ It was a short notice to attend the meeting. Although the letter itself is dated 4/10, the stamp receipt is dated 4/13 (late in the day), which effectively leaves the residents with only a 2-3 day notice, contributing to the poor participation. ~ The invitation letter sent out did not clearly outline the true intention, which IS TO ALLOW OPERATION OF A NIGHTCLUB BEYOND llPM. The letter simply refers to a bar operation without mentioning the proposed 1:00am closing time. This too could have contributed some to poor attendance by residents. ~ Also, the letter does not say anything about a potential re-zoning from PR to P- Com, which by itself is a NEW and different concerning issue for a number of residents. ~ There was only one neighborhood meeting held on 411 8th with only 23 or so people attending (a number of attendees being couples, so even smaller number of households were represented). ~ There was not enough time to discuss all the issues, such as the potential re- zonmg. ~ The City was not officially represented and therefore the main issues of concerns relating to the operation, such as beyond 11 pm closing and the Nightclub were not discussed in detail. A number of residents not attending this meeting told us that although they do care about the problems, they are also full time workers and full time patents. That they hardly have enough time in the evenings to cook dinner, help the kids with homework, catch-up with the housework and stay on top of the bills. Also, some were traveling. It is very hard for Page 3 of 6 them to arrange to attend the Public Hearings. They look to and trust that the elected City Officials to protect their rights and wellbeing. It is also concerning to see how casually the "Conditions" of the Use Permit is captured in the Staff Recommendation on pages 14-54 and 14-55: ~ FIRST, THE REDUCTION OF CLOSING HOURS It is important to reflect the fact that the current owner is in violation of the lease contract requiring closing time of 11 pm. Let us not arbitrary use the 2:00am time as the base. To fully and correctly reflect the facts, this item should read as follows: "FIRST, THE INCREASE OF CLOSING TIME FROM THE CURRENT CONTRACT TERM" from 11 :OOpm to 1 :OOam. Since the current contract is the only valid legal document in place at this time. We also have a hearing coming up in 8 month or so and the chances are we could win. We still believe in our legal system and the fact that we have a signed legal lease agreement. This problem can potentially go away in a year or so. We have waited too long to just give up now. Even if we loose the case and we are subject to a 2:00am closing, if you truly believe that the ONLY problem here is a parking problem and that the Staff proposed Recommendations WILL solve this problem, then let's still go ahead with the Staff proposed solution any way and solve the parking problem. To do a rezone now and loose having any say on any future potential businesses there, together with settling with a 1 :OOam closing has no advantage to the residents. If you believe that this proposal solves the only problem, being parking, then closing at 1 :OOam vs. at 2:00am will not be that different. ~ SECOND, CEASE SERVING ALCOHOL (1/2) HOUR PRIOR TO CLOSING This is certainly a good practice. However, how many of the guests would buy a drink just a few minutes before they plan to leave? Guests start drinking around lO:OOpm the latest and by 12:30am, they already had a good 2 '/2 hours of drinking. Also, we know that a number of the guests have their own drinks in their cars. They can just step out for some fresh air or to smoke and go have a drink in their cars and go back again. Again, this is a culture issue of how the Blue Pheasant has changed and what type of business it has turned into. Please also note, that these guests that go back and forth ARE NOT considered NEW PATRONS if in fact they were there before 12:00 midnight. ~ THIRD, RESTRICT ADMISSION OF NEW PATRON Again, this is a good measure to limit the number of latecomers. However, the cars overflow into our streets way before 12 midnight. ~ FOURTH, SUPERVISE CUSTOMERS AS THEY LEAVE AT CLOSING This measure could help the situation as it may arise in the parking area. However, the overflows of cars go deep in the surrounding streets. There is no way for the security to even be aware of disturbances happening on our streets. ~ FIFTH, INCREASE THE PARKING SPACES IN THE LOT I would like to draw your attention to two facts: 1st, the TOTAL number of available parking of 139. presented by the potential new owner is not consistent with the count of 117 provided by the City. To the best of my knowledge, in either case, neither of these numbers reflects ADDITION of parking spaces. Both numbers are based on the current real state available. It is just how you choose to paint this picture. Please take the time to Page 4 of 6 verify this with the Staff. I am curious to know where the new land is coming from, if any? ~ SIXTH AND SEVEN MEASURES These are both helpful and appreciated, but fall short to truly remedy the main concerns. It would be hard to change the way people behave and the owner cannot be everywhere at all times. Also, he may do this for a few months and then give up on it. What then? And, that brings me to the last point: What is the proposed 6-month review for and how does it work? (page 14-38) As I understood this and both the City Planner and the City Attorney confirmed it in the May 10th, 2005 Planning Commission Public Hearing Meeting, the 6-month review period is really a "review for conformance" for good measures, without any legal teeth. For example, if after following these measures the problems still persist, there is nothing the residents can do about it! ~ By then, the land is already re-zoned since the conditions of approval are solely in place for the approval of the USE permit and not the rezoning - Residents' rights will be very limited at that time over a P-Com zone! ~ The deal is currently in escrow and with all the push the Staff and the City Attorney are putting behind the approval; there is a concern that the approval will be given. 6 month into the operation as a nightclub, a precedent has been set. One very similar to the one we had to face with the current owner. The new potential owner has the freedom to declare that he purchased the lease under certain considerations, the most important one, with a nightclub operation and that he has done everything he could to take care of the problems and if he is asked to do more, it will cost too much and it will no longer be a "Viable business"! He then has the right to continue without any remedy provided. ~ The residents will continue to be negatively impacted, similar to what is happening now. ~ And what if, either the City or the then owner decides to sell? Who do you think would be interested at that point to purchase a prime piece of property in a Commercial zone? PLEASE take a look thru City Ordinance for Commercial zone "USE" and "CONDITIONAL USE". THAT IS SCARY! So, is our City willing to go the extra mile for a business, which mainly caters to the non-Cupertino residents to convert a valuable 2-acare PR land to P-Comm, take away from the quality of life of the few hundred families living in the surrounding area, distance the community from its governing body, potentially expose the neighbors to unsafe traffic (driving under the influence), nurture a business environment whereby residents' property values (most residents single major financial investment) may be negatively impacted, raise moral concerns, which then reflect on our community as a whole _ all that for a few thousand dollars per month! - Please consider going the extra mile to make our City a better place for its residents. If after visiting the nightclub operation, you still believe that this type of operation is the type of service you approve of for the City to support, then please consider moving the business to The Oaks or over to the Valco Shopping center, where the zoning is already appropriate and there will be no parking or noise concerns to deal with. If the guests are Page 5 of 6 willing to drive for this service for over 60 miles, they will not mind a few miles here and there. The Blue Pheasant nightclub guests do not necessarily go there for the location or the view of the golf course. The building then can be used as a club house/lounge for the golf course and also for the residents to go to for a nice cup of tea or coffee, a nice grilled sandwich, drinks, deserts or even nice brunches on the weekends. There is so much that can be done to turn this situation around and make of it something that adds to the community and not let it continue to take away from it. This way, the City has protected the wellbeing of its residents and at the same supported the business. Everybody wins! It is not easy for us, the residents, just pack and go. WE HA VE ONLY ONE HOME TO GO TO. Thank you for taking the time and reading this letter. We are concerned that the conclusions and recommendations in Staff Report lack fairness to the residents and do not offer a balanced resolution to a long-term community issue. Let's work together to find a win-win resolution. Please support the Planning Commission recommendation of DENIAL. Sincerely, Marjan Kashvad 10120 Phar Lap Drive Page 6 of 6 PETITION QßJECTIVES: 1. OPPOSE Rezoning of a two-acre parcel from Public Park and Recreation (PR) to Planned Commercial (P-Com). 2. OPPOSE a use permit to include Nightclub Operation. 3. OPPOSE operation beyond llpm. By filling out the following, I express my support of all the above mentioned Objectives relating to the Blue Pheasant no. Street Address , !Ó~ f2; W¡P,~ J. I () If}o 7J~Qk- ~ 8) , 3 !~((D '0 1m !1rvvJi f/uw (.) r. q ;¿; 10 / ~1 (; r <0 I g I .P H A1?. l..A-f' V Ii¿ 7 \o\'~\ g IOD4-1 q ~{~ II> /0 ~ 8-Ju; (l(EAt~ cì. ? \1M<.. l}..~ ~Q. ko.r lo.-p Dr. {.LE/lf.-r..JØþ CT II .¿ 2 oJ~ C eo.hJð7JcI cr é ~ (" Name or Signature ß~JIl.d /9/YIlt4;) I4Li?~lIr SC(JOY 6£Ó LlcG. Q 4~v~ Date Ú.:, 5 I~(O) fV1/iLK/lAlI s/¡ ~s- , (E..\" RAG.HtJ íH I A C. AR..A;J t+rl A~CHA-NA RA-ü ftI1 e of 'cv k" ,\rw- SUfVlL ~¡"¡E£I,4 ':><Ê/ ;; S-I4~05' '5 ~ 1<-( -0') (j) PETITIO N Q!!,JECTIVES: 1. OPPOSE Rezoning of a two-acre parcel from Public Park and Recreation (PR) to Planned Commercial (P-Com). 2. OPPOSE a use permit to include Nightclub Operation. 3. OPPOSE operation beyond llpm. By filling out the following, I express my support of all the above mentioned Objectives relating to the Blue Pheasant no. Street Address K:, /O~ß1 rl..ofl.e'f.Iæ- p (l . I ()4&J Flð ~ If \8 /ð'iéJ.Ð PhM tAp /)r- Iq lOt;)., ( PAw lc..( 7)1.- ~o /06 Ç5 ß Ir /If Ill/f J\ \00,)d- ß f 0{ Ave d'l 100)2- ¿¡3 (Oótf2- Bjrtle AtI..e ~ ¡DOdd- \'00\2- &it.- ¿ú Gut 1 C-). ~) % Q} q 0 M '~[C¡ID %( 2l ~ ~o ~ 36 I V b 0 rnE cA. \Jf CA-, 'I (üJf c- Name or Signature --- ~ak- 4C~ ~ ~Hú ~ ~~ ~ f Date 7/1'11°> . 51 ¡q-)o ';;; 0rt/oJ- j,' -1'1 -DC 5~/f-oS ! ¡IL¡-Ió t / / r; i>- f"/IIt/1I:1 ~/I'f.!'f¡.r 5-/</"0$ 5- ('1-0'> q; . l '--{ 0 S )' ( y , ð~) CD PETITION ill!JECTIVES: 1. OPPOSE Rezoning of a two-acre parcel from Public Park and Recreation (PR) to Planned Commercial (P-Com). 2. OPPOSE a use permit to include Nightclub Operation. 3. OPPOSE operation beyond lIpm. By filling out the following, I express my support of all the above mentioned Objectives relating to the Blue Pheasant no. Street Address Name or Signature Date 31 'lj?JìA 2-.-~ I~ 3) Ø-Illo §~ P r a e..t. H. 33 2- j )1fç E' Pt tt c.¿ 1, ;;L I gçç [~p~ ~ J~'~4--(j :3 Z / 6 £ S- f.14~ ðt~u-r 36 2l81.,.ç ~ P1, '31- 2 I ~1-<; 1:~ pì / ']8 2-1 ~~ «~ Ït. 'Y/ 2J~qo 6.,k,~ Pi, 1ð Lf( ).-\q~s EATOil fLl\cE' 1) 1/3 Lit¡ tf S,vA. bo~ Ie ') ~ --:}¡ , tt <A".t 0-' PETITION Q!!JECTIVES: 1. OPPOSE Rezoning of a two-acre parcel from Public Park and Recreation (PR) to Planned Commercial (P-Com). 2. OPPOSE a use permit to include Nightclub Operation. 3. OPPOSE operation beyond 11pl11. By filling out the following, I express my support of all the above mentioned Objectives relating to the Blue Pheasant no. Street Address Name or Signature ;;7// -~ v/ ..~:> Date š-,/~/o"t- qb log~S' ßubb I2~A"" q7 10 t~' \-;\CY6-- VtS{a.. É.J- q8 uð',>l S'^'^ T-.t~Av'"'- qr 7775 1-(iA.~t¡"J'j f Lv¡ tJ620)00 Lw,lle J)V(J. ;¡r b 7 1\0~~~ 5o~V\ lvìc'-\ 'i} Jd- 6ðO &a-t Ji.l ar¡ U ;3 fo'7) ftl1l1~Y\ ~ :;1 7tr1t{- Ne$J./~d (Jv » ~lq10 Otlb,1O\\ (t-. '-b I 05VD 1)f. q. \ O\X: 0 ,\"- 58 r;ftlf(D~ c ~ ~/'+I·ç r:š;1~ J-(¡L¡-( OJ ¡ , S/Nj-Jó . , éi /;1- ! oS ší NIt) f ~/¡ Lj J c7~ ?/JLf/oS ~._--~-- ...-- c 91J -- vi f J~ (t¡. ! vI) ( ,J \' ¡ILY' \'i , ' )1 101 $'2 Adl1/1' AI v , 60 1~3 7 t-/l~~ 0t-- -:2 'LCtj rr¿p/ .5-, 51 .!iI/if/OJ !Ý PETITION Q!YECTIVES: 1. OPPOSE Rezoning of a two-acre parcel from Public Park and Recreation CPR) to Planned Commercial CpcCom). 2. OPPOSE a use permit to include Nightclub Operation. 3. OPPOSE operation beyond llpm. By filling out the following, I express my support of all the above mentioned Objectives relating to the Blue Pheasant no. Street Address Name or Signature Date b\ f IOOsq ða.kl.eo..f PI, '\1, 'f: þ~~ 5" (lslOÇ /;1 lð()~q 6c.~ toe J.,.......c- H JV dyed.. 5/ J~/OJ 63 )602.9 (90-\< \eð.¡: ~ 5/15(05" f4 lúO\)\ ~k¡ 5{~!~~ \10 a~i<C- fi ))\\10 CAawctmv t-f 6'1 10 o fA~ Lot f)íIVe- S -(<;'-<1'5 08 IDlf70 fMí {l( /'0/11 I~r Dr 1ö (OW q~ L4J¡ ~r, 1'/Þ3 civnlíPl<. J{J...Oj l 'Z.i z. ;3 S-~/.J"""",- '" o· C~ .; IS þS ~ :jS -~' /~ P ETITJO N Q!!JECTIVES: 1. OPPOSE Rezoning of a two-acre parcel from Public Park and Recreation (PR) to Planned Commercial (P-Com). 2. OPPOSE a use permit to include Nightclub Operation. 3. OPPOSE operation beyond llpm. By filling out the following, I express my support of all the above mentioned Objectives relating to the Blue Pheasant \ no. Street Address Name or Signature /~' , '/ . / ./ ,---~----/' y~? Date -~ ,r-rS-IiS 81 8i â3 -~ Q~ /0 ~. -!.J-o,Ç Yonn- hìolÀ S. ~UC> S-:. s-rs--os- -f( I.s-/~s- £/ / '.n Ð-'¡- Ctvk- 1/;((" c¡ ~ T/ j-/o {/.£I~ Icrt4( fNv..{ ,,F IS-: tú E-! ~ 71)/vl@ PETITION Q!!JECTlVES: 1. OPPOSE Rezoning of a two-acre parcel from Public Park and Recreation (PR) to Planned Commercial (P-Com). 2. OPPOSE a use permit to include Nightclub Operation. 3. OPPOSE operation beyond llpm. By filling out the following, I express my support of all the above mentioned Objectives relating to the Blue Pheasant no. Street Address Name or Signature Date q~ .J.rq..r1 Oll}:-J v (I 'l u/..r 3 r02DI p",ý\e t I?L Ç'Î(c-! i) j q0 II> ). IS \ ~ v-v'\Òt y?\ q { 03,/0 fJrJßß tfÞ(, % 7f7~ tl ~ Slf û~¡¿ >fr:-v c;t .. q7 qg (ù 2:i "¿) ~ q9 Jçf: LVL/ 00 /D I .t1W1-"k Cl- '01 ullD lol ~ .0 j 2- ~fCit 6f- 103 pLfll ~, r Ø;v ~ loli ( ~-) L þ..<fÝ j-/,_I¡-v~ 10) J 1st; L <-- lof. \ \ 'í ~ 0\AMl¡/Å tA VÄ \h PETITION Q!!JECTIVES: 1. OPPOSE Rezoning of a two-acre parccl from Public Park and Recreation (PR) to Planned Commercial (P-Com). 2. OPPOSE a use permit to include Nightclub Operation. 3. OPPOSE operation beyond llpm. By filling out the following, I express my support of all the above mentioned Objectives relating to the Blue Pheasant no. Date 5-;t6 o~ 1c8 {¡('tv CÁ.PtlAð I ~ (01 {07 7~ pc di.:-~~( òr iifÞ 110 (O~g y; sf(\ r"oLL- fl.I v. , 5;-/.(,- é) 5!'~ /05' ", 10330 :-k,k!J ,-1\¡02' eel. ¿yÇí\1{¡ IIZ \(J~~~ cJttR S À\;e.-c í:b"~ê'tvV if3 I v~~ I 5-tvl<-e<:; /4W-' W ~t;M , rt 1e3'i J lIb (D3'T I s.to~ Ífle.. Û I'\'~ 1/1- {Df( 0 S{pk"e-5 A\!b. (ß It,'N) '1 )~ç I-"\\e~k,,--t Ave, 118 w-fl..Fn d :O'-1?'ò SiDlf ~-5 P.Vi'!- I Ie¡ -, ;:;, - \ 0 ref". /02'/0 S-(';;'Ic.u Av-'-. Wo Ct. ,u-r7' "-v C{J rfú/k I~I I (ji>jD S1o¡¿e> Me v--i1ZfdllflO, c/) 917)/1- me:¿ ~ 1(" é)/ .:s / tb os Sh/o !'\J ".;{-''-- > l-t '- ~ P '¡\.1 SM .J A I (\J ~ \~' ~t1.Ù1(\ C~., if-" L~_~ ¡jrl;L~ .~. '>;-/ I b f 0 ç- 5/'6.)0'; i/f 6.t:, __ r/ 7' (,~ ~-~ œJ P ETITlON Q!!JECTIVES: 1. OPPOSE Rezoning of a two-acre parcel from Public Park and Recreation (PR) to Planned Commercial (P-Com). 2. OPPOSE a use permit to include Nightclub Operation. 3. OPPOSE operation beyond llpm. By filling out the following, I express my support of all the above mentioned Objectives relating to the Blue Pheasant no. Name or Signature Date I~ 51 .05 I~ .5' /,'5 (.,.. ( \).f I.I ;;-t!{ J).)/r " /Y' I OLQ OAi<:(G.,A1'" pc 5 (1;;;/0 S- CUJ~,""",-7(vl0 CtI S'ðl-j I~G /OéJlt( 9 p¡. ~:¡ ~~ i;j15/2ocš- ~8 : b. W71I'H<Kh/ ~ / I Ç¡'lðOÇ' ý Ii( ~1 ~ .Ç, f ç; PET1T10N Q!UECTIVES: 1. OPPOSE Rezoning of a two-acre parcel from Public Park and Recreation (PR) to Planned Commercial (P-Com). 2. OPPOSE a use permit to include Nightclub Operation. 3. OPPOSE operation beyond llpm. By filling out the following, I express my support of all the above mentioned Objectives relating to the Blue Pheasant no. Street Address Name or Signature Date I'), !)I Dr .- 13~ l.;.2~D 133 , 131 IÕ~b-i> ,,/~7 ¿,.-/¿.( ;...- ¿ AY\~€-{) vt-/I &(q" fí6/Ú ~ l;r. JDf- U/6s74 Ctl~r:]) P-.. r ¿¡.J.ey ~>-t. Á~ ~ c ~ _~ ~ ___..._.~ _M_ VE G U £f?- 7{/.(rJ (0 PETITION .Q!!,JECTIVES: 1. OPPOSE Rezoning of a two-acre parcel from Public Park and Recreation (PR) to Planned Commercial (P-Com). 2. OPPOSE a use permit to include Nightclub Operation. 3. OPPOSE operation beyond llpm. By filling out the following, I express my supporl of all the above mentioned Objectives relating to the Blue Pheasant no. Street Address Name or Signature Date I~O loCk¡¡ r)1 138 m -- (ß) PETITION ill!JECTIVES: 1. OPPOSE Rezoning of a two-acre parcel from Public Park and Recreation (PR) to Planned Commercial (P-Com). 2. OPPOSE a use permit to include Nightclub Operation. 3. OPPOSE operation beyond llpm. By filling out the following, I express my support of all the above mentioned Objectives relating to the Blue Pheasant no. Street Address Name or Signature Date tq/ ;)., \ q Ç9 kdeÜ \ /41, '2- \C\ æ cx:x \2-ð -e \ \ \ I~J ~/1} J -j,t -,¿> 141{ 2\91q o C\.W~l( P ì / CI.J ptl~ì~'" d- '" '--" t2ò-\. S-Ib-Os' PETITION !mJECTlVES: 1. OPPOSE Rezoning of a two-acre parcel from Public Park and Recreation (PR) to Planned Commercial (P-Com). 2. OPPOSE a use permit to include Nightclub Operation. 3. OPPOSE operation beyond llpm. By filling out the following, I express my support of all the above mentioned Objectives relating to the Blue Pheasant no. Street Address Name or Signature Date rt/ç I 0 Wr 5CÆi/'llc c r/tC(1E ~ rlf 6!b1- I~b /l1-i, EI1V\5t-or-d Dr. J~wLÁ. 5/11> /T([ 141 1/77 Ú/lldleJqht Wt^v rL,A :;...~ ~f b/{5' 1<"1 '1'-.1 ''''/1 V / @ P ETlTlON Q!!,JECTIVES: 1. OPPOSE Rezoning of a two-acre parcel from Public Park and Recreation (PR) to Planned Commercial (P-Com). 2. OPPOSE a nse permit to include Nightclub Operation. 3. OPPOSE operation beyond llpm. By filling out the following, I express my support of all the above mentioned Objectives relating to the Blue Pheasant I no. Street Address Name or Signature Date Il{BA~D4:¡'~Ú 1r{9 -[/12 rrÞ(('iI1~Je/l d.0.n, ~f1v1}. .. "-.J 1 .4..... . ~ ~ -...-/! . ~£'.,.() Ç"'-j<)-DS - fA )~~ <t:L !;.-- r]-oS I .,"? - --- ---@ -. -..-.. PETITION WECTIVES: 1. OPPOSE Rezoning of a two-acre parcel from Public Park and Recreation (PR) to Planned Commercial (P-Com). 2. OPPOSE a use permit to include Nightclub Operation. 3. OPPOSE operation beyond llpm. By filling out the following, I express my support of all the above mentioned Objectives relating to the Blue Pheasant no. Street Address Name or Signature Date I ~,;;b,ff C/éïlrtí/#I'ð. (Y/ ~/7 V S/if/t; ) ~tII /'.......~ -, -- - -- - ---c- PETITION mYECTIVES: 1. OPPOSE Rezoning of a two-acre parcel from Public Park and Recreation (PR) to Planned Commercial (p-Com). 2. OPPOSE a use permit to include Nightclub Operation. 3. OPPOSE operation beyond llpm. By filling out the following, I express my support of all the above mentioned Objectives relating to the Blue Pheasant no. Street Address Name or Signature Date / 100\.0 ~~NL LA.f' þ~ ~.~ r-Ú~ 'S - ì (, -05 z.. /ðO/O f'A",.r)-¡p /J/. /Y) ~r( ~~.?/?R A:! /¡'r¡ .t'ð¿.JJ)4· I r/TJ~I ð J> 5 / tJ 010 P~r 0# !JJ.. , q--4 ~/-¿: v l- /Jf! oí- PETITION .QJ!,JECTIVES: 1. OPPOSE Rezoning of a two-acre parcel from Public Park and Recreation (PR) to Planned Commercial (P-Com). 2. OPPOSE a use permit to include Nightclub Operation. 3. OPPOSE operation beyond llpm. By filling out the following, I express my support of all the above mentioned Objectives relating to the Blue Pheasant no. Street Address Name or Signature Date I 10005" Byrt'lQ,. P.v lJ\j<L'Ð~Q...\ MII...;2.r c..., P'I'(".1¡~V\o c..A C>¡50 \ L.\. -, <V\ - S - /l -;¡.~ W·'T"1V. .^. 2- /oú6 <: ffy I}J ¿. fJ ¡)~ 9 sat! ehtY~/.; ßJ.:rf r1!w S--: / )'.Jøs ("'(J/O<:,' ....t:I!h' CA /7//~ , ;' \/ - ----- . ----~._----- ,-._---_._---. . ~- ... - .---- --- tXl- þ(t Ct ç li7! os" #/1 Discussion of Issues · Neighborhood Outreach - 600 letters - Neighborhood meeting April 18, 2005 - Concerns about noise and parking - City-wide post card mailing · Parking - Adequate parking for nightclub according to ordinance: 85 needed, 91 provided - Evidence shows overflow parking occurs in neighborhood · Noise - Possible noise from parking in neighborhoods Z-200S-03 Rezoning of a two-acre parcel from Public Park or Recreation (PR) to Planned Commercial (P-Com) [or P -Parks/Commercia desig nation] o D GPA-200S-02 General Plan Amendment to change the land use designation from Parks to Commercial [PC discussed substituting a Parks/Commercial designation] ecommendation Planning Commission recommends denial (2-2 vote. Resolution of approval is provided) EA-200S-04 Negative Declaration U-200S-0 D Use permit for a and nightclub resta u ra nt, D D bar