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CC 04-17-00 AGENDA CUPERTINO ~'1'~ COUNCIL ~ REGULAR MEETING CUPERTINO REDEVELOPMENT AGENCY ~ REGULAR MEETING 10300 Torte Avenue, City Hull Council Chamber Monday, April 17, 2000 Legislative Review Committee - 6:15 p.m. - Conference Room A CUPERTINO CITY COUNCIL MEETING PLEDGE OF ALLEGIANCE ROLL CALL CEREMONIAL MATTERS- PRESENTATIONS 1. Proclamation in suppo~ of PACE arid declaring May as Autism/Developmental Disability Awareness Month. 2. Repor~ from city committee or commission: Public Safety Commission. POSTPONEMENTS WRITTEN COMMUNICATIONS ORAL COMMUNICATIONS This portion of the meeting is reserved for persons w/RhinE to address the council on eny matter not on the agenda. Speakers are limited to three minutes. In most cases, State law will prohibit the council, from making shy decisions with respect to a matter not listed on the agenda. CONSENT CALENDAR Unless there are sapa~ato discussions end/or actions requested by council, sta~ or a mmnbor of the public, it is requested flint items 3 through 13 be ac'ted on simultm~eonsly. 3. Minutes: April 3 reguhr meeting and April l0 r~gular adjourned meeting. 4. Accounts payable: Maw, h 31 end April 7, Resolutions 00-106 end 00-107. 5. Payroll: M~rch 3 l, Resolution 00-108. 6. Treasurer's Budget Repo~ Fcbmm'y 2000. April 17, 2000 Cupertino City Council & Page 2 Cupertino Redevelopment Agency 7. Setting date for consideration of reorganization of area desi~lated "North Stelling Road 00-01." Pmpel'ty located on thc east side of North Stelling Road between Garden Gate Drive and Greenleaf Drive, approximately 0.22 Acre, GB Estate Homes LLC (APN 326- 30-089), Resolution 00-109. 8. Request from Fremont High School Alumni Association to have fees reduced from $6.50/person to $2.50/per~on for facility use at Blackberry Farm. 9. Granting sanitary sewer easement to Tom McNair APN 357-04-067, portion of parcel 2, McClellan Road and Mira Vista drive, Resolution 00-110. 10. Rescinding resolutions - accepting grants of easements: (a) rescinding Resolution 98-178 and accepting ~rant of easement for roadway purposes fi'om Tony Amir Sarrnml and Juliet Cezar, 10010 Carmen Road, APN 326-50-003, Resolution 00-111 (b) rescinding Resolution 9915 and accepting grant of easement for roadway purposes from Shui Lain Lo, APN 357-16-096, 10101 Orange Avenue, Resolution 00-112 11. Quitclaim deed: (a) Maxine Erlund and Mike E. Phillips, 10191 Lebanon Dr., APN 342-14--010, Resolution 00-113 Co) Kamran Sarmadi and Maryanm Mosallie, 22751 Mercedes Road, AFN 342-44- 010, Resolution 00-114 12. Authorizing execution of agreement between with DKS Associates and the City of Cupertino for Stevens Creek Bonlevanl-Wolfe Road Arterial Msn~gement Project, Resolution 00-115. 13. Improvement agreements: (a) Mehran Amerian and Jila M. Amerian, 10631 Tuggle Place, APN 375-34-066, Resolution 00-116 (b) Mexine Erlond and Mike E. Phillips, 10191 Lebanon Dr., APN 342-14-010, Resolution 00-117 (c) Kamran Sannadi and Maryanm Mosallie, 22751 Mereedes Road, APN 342-44- 010, Resolution 00-118 14. Grant of easement for roadway purposes with Kamran Sarmndi and Marynnm Mosallie, 22751 Mm-cedes Road, APN 342-44-010, Resolution 00-119. ITEMS RRMOVI~D FROM TH~ CONSENT CALENDAR PUBLIC HI~ARINGS 15. Community input on Library site alternatives. Apri! ! 7, 2000 Cuper~no City Council & Page 3 Cup~rtino Redevelopment Agency 16. 2000/01 User Fee Schedule: rescinding Resolution 99-161 and establishing user fees, Resolution 00-120. PLANNING APPLICATIONS UNFINISHED BUSINESS 17. Appointments of two at-large m~mbers on the Library Bui!din.~ Steering Committee (continued from April 3). NEW BUSINESS 18. First ~alng of Ordinencc No. 1846: "An Ordinence of the City Council of the City of Cupertino Authorizing an Amendment to the Contract Between the City Council of the City of Cupertino end the Board of Admini*trafion of the California Public Employces' Retirement System Regarding Volunteer Service for the US Government (Peace Corps or America Corps: VISTA Service).' Actions to be taken: 1. If approvad, conduct first l'~Utln~ of Ordinance 1846 19. First reading of Ordinance No. 1847: "An Ordinance of the City Council of thc City of Cupen~ino Amending Chapter 11.34 of the Cu~o Municipal Code Relating to Roadway Design Features and Section 11.34.030 Relating to Establl,hmeat of Warrants for thc Installation and Maintanencc of Road Bumps Actions to be taken: 1. If approved, conduct first reedinSs of Ordinance i 847 20. First reading of Ordinence No. 1848: "An Ordlnsnce of thc City Council of the City of Cupertino Amending Chapter 11.08.250, Bike Lencs Deaignstlon on Stevens Creek from Foothill Boulevard to Stern Ave." Actions to be taken: 1. If approvnd, conduct lust readings of Ordinunce 1848 21. Authori~inS cxecufion of at~'cement with Lockheed-Martin IMS regardinS a Red Light Running Photo ~-nforcement Systems Program, Resolution 00-121. ORDINANCES 22. Second readin~ and mactmeat of Ordinence 184S, "An Ordinance of the City Council of the City of Copaiino Prezonins en Existing Sinsle-Femily Residential Lot Located at 10322 Stclling Road to Pre RI-10 (Sin~lo Family Re. sid~ntial) ZoninS District." April 17, 2000 Cupertino City Council & Page 4 Cupertino Redevelopment Agency STAFF REPORTS COUNCIL REPORTS Mayor Statton: Association of Bay Area Governments - Alternate Legislative Revi~v Committee Sister City Committee - Toyokawa West Valley Mayors and City Managers Vice-Mayor James: Cupertino Audit Committee Economic Development Team Environmental Review Commltt¢c -- Alternate Leadership Cupertino Northwest Flood Control Zgne Advisory Committee Santa Clara County Cities Association - Alternate Santa Clara County Emergency Preparedness Commission Senior Center Expansion Committee West Valley Mayors and City Marm~'~s- Alternate Councilmember Bumett: Library Expansion Committee North Central Flood Control Zone Advisory Committee Public Dialog Liaison Santa Clara County Cities Association Representative, ABAG Board of Direetors Santa Clara County Colnmitteo on Housing & Community Block Grant Program Santa Clara County Library District IPA Board of Direetors - Air.hate Santa Clara County Transportation Agency Policy Advisory Committee Santa Clara Valley Water Commission Senior Center Expansion Committee Councilmembcr Chang: Association of Bay Area Governments Leadendfip Cupertino Legislative Review Committee Library Expansion Committee Public Dialog L'ugson Santa Clam County Cities Association Santa Clara County Committee on Housin~ & Community Block Grant Prosram- Alt~,nate Santa Clara County Emergency Preparedness Commi~sioll- A]t~l~te Councilmemb~r Lowenthal: Association of Bay Area Governments - Alternat~ Cupertino Audit Committee April 17, 2000 Cupertino City Council & Page 5 Cupertino Redevelopment Agency Economic Development Team Environmental Review Committee Santa Clara County Library District ~PA Board of Directors CLOSED SESSION Pending litigation - Govcrnmant Code Section 549~6.9(a): review of settlement of Bcardon vs. City of Cupertino. ADJOURNMENT REDEVELOPMENT AGENCY MEETING Canceled due to lack of business. DRAFT MINUTES CUPERTINO CITY COUNCIL Regular Meeting April 3, 2000 PLEDGE OF ALLEGIANCE At 6:45 p.m. Vice Mayor James called the meeting to order in the Council Chambers, 10300 Torte Avenue, Cupertino, California, and led the Pledge of Allegiance. ROLL CALL City Council members present: Vice-Mayor Sandra James, and Council members Don Bumett, Michael Chang, and Richard Loweilthal, Council members absent: Mayor John Station. Staff present: City Manager Don Brown, City Attorney Charles YAlian, Administrative Services Director Carol Atwood, Community Development Director Steve Piasecki, Parks and Recreation Director Steve Dowling, Public Information Officer Donna Krey; Public Works Director Bert Viskovich, Planner Vera C-il, and D~puty City Clerk Roberta Wolfe. CEREMONIAL MATTERS - PRESENTATIONS '-' I. Report fi'om city commitiec or commission: Planning Commission Andrea Harris, Chair of the Planning Commission, listed the members of the commission and talked about their areas of expertise. She outlined what the commission does, and dexcribed other committees on which the commission is represented. The 2000 Work Program/Coals of the commission included the five-year review of the general plan and pre-pl~nnlng of key plsnning areas such as Vallco, Compaq, and City Center. Ms. Harris described some current projects under consideration, inolvding Eichler neighborhood design controls and Andronico's Market. 2. Proclamation recognizing Tri-County Ap~ment Aasociafion program "Moving in for Less." Vice Mayor Sames presented the proclamation to Kathy Thibodeaux, CEO of the Tri- County Aparlment Association. Ms. Thibodeaux thanked the City and the Chamber of Commerce for their parlnership in the program. Linda Asbury, Executive Director of the Chalnber of Commerce, added her thanks and said this was a wonderful pwgram. Lowenthal agreed that it was a great program, adding that there was no cost to the city or taxpayers. He hoped the program could be expanded to include people other than teachers. April 3, 2000 Cupertino City Council Page 2 POSTPONEMENTS James announced that Item 11, appeal by City Councilmember Don Burnett regarding Planning Commission approval of minor modification of applications 3-ASA-00 and 4-ASA-00 for Oak Valley houses, had been withdrawn. WRITTEN COMMUNICATIONS - There were none. ORAL COMMUNICATIONS Katie Bondelie, 20803 Alves Drive, representing the Northwest YMCA, invited Councilmambcrs to YMCA Healthy Kids Day on April 8 from 10:00 e.m. to 2:00 p.m. Robert Levy, 20802 WiLkinson Avenue, expressed disappointment with some of Council's actions. He referred to a previous discussion regarding the Sports Center and to a letter hc had distributed regarding permit parking. Hc said he was impressed with thc commissions and committees appointed by council. Christine Pierce, 21869 Garden View Lane, spoke regarding council's decision regarding replacement of the Oaks Thceter with an Andronico's Market. She asked them to consider the impact and perhaps do an environmental impact report. She also invited them to exem/nc the markets within driving distance end affordable femily entertainment with/n thc city. She reed a petition that was being circulated, and asked council to consider what was thc highest and best use for the property. CONSENT CALENDAR Chang moved to approve Consent Calendar items 3-10. Bumett seconded and the motion passed 4-0. 3. Minutes: March 10 regular adjourned meeting, March 20 regular meeting, and March 24 regular adjourned meeting. 4. Accounts payable: March 17 and March 24, Resolutions 00-099 and 00-100 5. Review of application for Alcoholic Beverage Control license: Dubon Liquor, 10073 Saich Way. 6. Consideration of request from Cupertino High School PTA for waiver of use foes in the amount of $77.25 for use of the Quinlan Community Center. 7. Improvement agreement: James Syh-Gang Yeh and Doris Tan-Wen Yeh, 10354 Imperial Avenue, APN 357-19-049, Resolution 00-101. 8. Acceptance of municipal improvements: Emily Chen, 10346 Stelling R. oad, APN 359-13- 040; Daren Shu (Creative Construction), 20760/20762 Lomita Avenue, Alan 357-18-001. 9. Quitclaim deed: James Jyh-Gang Yeh and Doris Tau-Wen Ych, 10354 Imperial Ave., APN 357-19-049, Resolution 00-102. April 3, 2000 Culm~ino City Council Page 3 10. Setting a public hearing to discuss thc removal of a traffic barrier at Stevens Creek Boulevard and Vista Drive, Resolution 00-103. Vote Couneilmembers Ayes: Bumett, Chang, James, and Lowe~thal Noes: None. Absent: Station Abstain: None. ITEMS REMOVED FROM THE CONSENT CALENDAR- None. PUBLIC HEARINGS 11. Appeal by City Councilmamber Don Bumett regarding planning Commission approval of minor modification of applications 3-ASA-00 and 4-ASA-00 for Oak Valley houses Bumett explained that he had withdrawn the appeal because the developer had agreed to put in more housing of the type he had suggested. No action was required. 12. Community Development Block Grant: public hearing to review and approve use of twenty-sixth year (2000-2001) Community Developmant Block Grant (CDBG) funds: '- (a) Authorizing Submittal of Funding Proposal for the Twenty-sixth Program Year (2000-2001) of the Community Development Block Grant (CDBG) Program, Resolution 00-104. Planner Vera Gil described the CDBG national objectives and eligible activities. A maximum of $34,50/can be used this year for public services, which must benefit very low and low-income households and ineiude activities such as fair housing activities, childcare, placement services, and senior legal services. She listed the priorities set by council in lanusry and presented background information on the housing rehabilitation program. Georgia Bacil, directing attorney of Senior Aduits Legal Assistance (SOLA), 160 E. Virginia St., //260, San lose, 95112, said the $5,000 they currently receive from Cupertino enabled them to expand services .at the Cupertino Senior Center from 48 appointments aunually to 96 annually. She noted that 70 percent of the Cupertino residents seen by SOLA are being served at the Cupertino Senior Center. The additional $1,500 proposed would allow them to add 24 appointments aunually. She urged them to approve the Housing Committee's recommendations. · Mary Ellen Cheil, CCS, said they had three requests: full funding for the rotating shelter, full funding for affordable housing placement, and the pending pwject on Vista Drive. She extended an invitation to a neighborhood meeting on April 6 at 6:00 p.m. regarding · -. the latter project. Burnatt moved to adopt Resolution 00-104. Chang seconded and the motion passed 4-0. April 3, 2000 Cup~tino City Couneil Page 4 13. Prezoning of a vacant residential lot to Pre RI-10, application l-Z-00 (1-EA-00), G~ater Bay Construction, at 10322 N. Steiling Road, APN #326-30-089. A Negative Declaration is recommended, end this it~n is recommended for approval. (a) First reading of Ordinance 1845, "An Ordln,nce of the City Council of the City of Cupcrfino Prezoning en Bxisting Single-Family Residential Lot Located at 10322 Stelling Road to Pre RI-10 (Single Family Residential) Zoning District." Following a video roll-in, Community Development Director Steve Piasecki added that the Planning Commission was recommending approval of thc prezuning. He said Santa Clara County has no tree preservation policies relative to this property. He explained how the property in question was contiguous to Cupertino city limits. Burnett moved to grant a Negative Declaration. Lowenthal seconded, end the motion passed 4-0. Burnet~ moved to approve Application l-Z-00 per Planning Commission Resolution No. 5008. Chang seconded, and the motion passed 4-0. The Deputy City Clerk read the title of the ordinance. Bumett moved to read Ordinance No. 1845 by title only end the City Clerk's reading to constitute the first reading thereof. Lowenthal seconded, end the motion carried 4-0. PLANNING APPLICATIONS - None. UNFINISHED BUSINESS - None. 14. Appointments of two at-larga members on the Library Building Steering Committee. City Manager Brown distr/butcd a list of those nominated by council members. Each Councilmember talked about their choices. Following discussion, Council agreed to expand committee membership, and directed the Director of Public Works to compile a list of nominees after Councilmembers confim~ they are w/lling to serve on the committee. By consensus, they continued the item to April 17. NEW BUSINESS 15. Report on residential permit per, nS and consideration of permit parking at two locations: (a) Designating permit parldng along Hyennispo~ Drive between Fort Baker Drive end Linda Vista Drive, Resolution 00-092 (continuedfrcm March 20, 2000) Co) Designating permit parldnS on Dolores Avenue between Byme Avenue and 200 ft. west of Orange Avenue, Resolution 00-105 Public Works Diroctor Viskovich presented staff's recommendations. Bumett said he was in favor of the existing permit parking policy in general end thought it worked well for the community. April 3, 2000 Cupertino Cit~ Council Page Matt Bcttcncourt, 22353 Upland Court, Monta Vista High School ASB President, talked about displacement of students because of school renovations end said enactment of p~miit parking on Hyennisport Would iiilpact the student's transportation to school. Elaine Klspproth, 10360 Phar Lapp Drive, Monta Vista High School parent, said that limiting parking to residents only near the high school would put a burden on students, teachers, end construetion workers end would force drop-off driving. She urged council to advise residents to bc more tolerant and residents to support neighboring schools. Jim Aha, Monta Vista student, said they should treat Hyannisport like any other street in town. He said it was undcrstsndable that there arc problems. He said thc law would not solve those problems but would divert traffic to other streets. He asked Council to consider the serious consequences it would have on the community. He said he hoped they could reach a solution where everyone would benefit. $oyce Yee, 21336 Amulet Drive, Monta Vista High School PTA president, said she was a parent of students at Monta Vista end Kennedy Junior High. She said the parking lot end street are full early in the morning. She talked about impacts if they cannot park on public streets and said she hoped the city council and the immediate neighborhood would realize the congestion is a small price to pay for what would be a benefit for the community. - David Low, 21736 Noonen Court, felt strongly about this issue. He said he had sympathy for the problems facing the neighbors but did not think p~mit parking was the answer. He said one alternative would be an "adopt-a-block" program which would help keep the area clean end free of litter end improve communication. Alexandra Kao, 21796 Hyennispon Drive, described pwblems including blocking of driveways end parking on days when the sireet sweeper is scheduled. Victoria Gomez, 21880 Dolores Avenue, said this was not a new problem. She had attended meetings at the school, and no agreement was ever reached. Speeding, vandalism, smoking, trashing, bloclrlng of mai! boxes, hydrants and garbage pickup, end loud music were some of the problems faced by residents. Paleni Balusubraman, 21856 Dolores Avenue, expressed a general concern regarding garbage pickup and street cleaning. On a personal level, he had almost been involved in an accident. He suggested using Blackberry Farm for part'inS. Rosemary Winlaw, 22024 Barley Court, said her daughter is a student at Monta Vista. She said the school does not provide transportation for those participating in sporting events except for football. She described other alternatives end asked council to consider them. She said the situation would only last until consiruetion is complete. - Hamid Soleimard, 21900 Dolores Avenue, agreed with Ms. C-omez end other speakers. He said he did not have a problem with parking per se, but with the behavior of the students end the continuing inconvenience. He said the neighbors do understand the privileges they have end the needs of the students. April 3, 2000 Cupertino City Council Page 6 Katie Allen, 10120 Lockwood Drive, parent of Monta Vista end Kennedy students, said she believed the issue was a balance of general community needs against the needs of the neighborhood. She said when she bought the property, she was aware of the positives and negatives. She thought the problem had arisen because of the improvements being made at the school. She said she hoped that the neighbors would consider that when you buy a house near a school, you know ahead of lime what you will face. She said it was difficult for her or others with a physical disability to go to Monta Vista. Eric Yeng, 21855 Dolores Avenue, spoke in support of his neighbors end said he had experienced the same things. He said he was not suggesting a yes or no vote on permit parking. He felt the city council needed to take leadership end find a real solution, perhaps use of Blackberry Farm or ask students to buy parking permits. He said there needed to be accountability. Dennis Yau, 21795 Hyennisport Drive, said he was there to request en extension of permit parking to his street. He asked if eny city council members lived on a street like Hyannisport. He had been blocked in and almost involved in en accident. He emphasized that students do not have a choice, but them are alternatives such as parking at Blackbv~,y Farm or riding bicycles. He described safety hazards that exist and said traffic end parking will get worse when more eniranees are opened up at Kennedy. He said hc would like the problem to be resolved. E. H. Kawasaki, 21805 Hyannlsport Drive, showed a video of the traffic and parking problems that occur on Hyenniaport. Sendy Ravizza, 21945 Hyannlsport Drive, continued with the video and said she was in favor of getting rid of permit parking in all areas so they can all share the problem. She showed fliers distributed to students and said some of them had been dmppexi on the ground. Marilyn Callender, 21865 Hyannispon Drive, said there is a problem on their part of theb street. She had called law enforcement to have them ticket cars. There are problems with deliveries, service people, and safety. She said something needed to be done, and perhaps removing p~m,it parking was the answer. Liz Stapleton, 21906 Hyunnisport Drive, said she had e~perieneed the same problems. She applauded Monta Vista students for proposing solutions. She said they needed to be consistent. Creative solutions had been mentioned. She suggested that if those do not work, they do away with permit park'inS. Leslie Burnell, 21466 Holly Oak Drive, made the following suggestions: 1. Fence the school and require ev~yone who parks there, including teachers, to car pool with at least throe people in a car. 2. Regarding permit parking, institute a program to allow parking only on a certain day of the week on different streets to disiribute the problem. Parks and Recreation Director Dowling said he had been contacted by district administration about the possibility of using Blackberry Farm, and they are attempting to solve the problem on campus. April 3, 2000 Copgrlino City Council Page 7 '-- City Manager Brown had talked to the superintendent end understood they were going to lry some on-campus parking management techniques. Blackberry Farm could be a backup up provision. Public Works Director Viskovich said that in certain areas such as Faria School, the school issues p~its. Lowenthai said he thought bad behavior of students was thc reason for this item. He said he did not like the idea of giving out permit parking block by block. Public parks, libraries, and streets are paid for by everyone and everyone should be able to use them. He believed that permit parking in the area should end when the renovation is 6nlshed. He thought using Blackberry Farm or issuing pc~'~fits to students might be solutions. He thought they ought to implement the adopt-a-block program regardless of the outcome of this hearing. For the record, he stated he has a daughter who is a student at Monta Vista, but she does not drive. ' Chang agreed that it was mainly a behavior problem. He said even though they are public streets, he did not think people should be subjected to that on a daily basis. He supported Blackb~,] Farm as a backup for parking. If possible, the city and the school should work together. He did not thlnir it was time to eliminate p~mit parking, end he would support it near institutions. He agreed there should be a time limit and suggested that they look at the issue after the renovations are completed. Bumett thought Blackbeny Farm was good solution. He said they were talking about inconvenience, but. agreed there was a legitimate concern regarding picking up students for after-school activities. He said perhaps the solution was a combination of Blackben'y Farm and designated spots on campus. In the areas around De Anza College, permit parking works, and his vote would be to allow p~,,,,it parking. James said these are public streets and there should be a better way than permit parking. She agreed that students do have to go to work or activities after school. She said there are creative solutions such as adopt-a-block and using Blackberry Farm. She said the city needed to enforce its laws, and the school must take a pm-active approach. City Manager Brown said the problem was not caused by the city but it became our problem. The fundamental issue is whether to take away permit parking or provide permit parking for those who are closer. Viskovich said people have not asked for permit parking until other solutions were exhausted. He suggested that they implement these requests on the basis that they are the last. If parking is still pmblam, they would look at other solutions. This solution has worked. They will continue to work with the school district. By consensus, council continued the matter to May 1. They also directed staff to notify -- affected neighbors including those on Byme Avenue, and to work with representatives from the school district on possible solutions. April 3, 2000 Cupertino City Council Page 8 ORDINANCE 16. Second readinl~ and enactment of Ordinance No. 1844: "An Ordinance of the City Council of the City of Cupertino Amending Chapters, 2.32, 2.90, 16.28, 17.44, 19.28, 19.32, 19.36, 19.48, 19.56, 19.60, 19.64, 19.80, 19.132 and 19.134 of the Cupertino Municipal Code to Shif~ Design R~view to the Design Review Committee." Thc Deputy City Clerk read the title of thc ord'mancc. Burnett moved to read Ordinance No. 1844 by title only and the Deputy City Clerk's resdin~ to constitute the second reading thereof. Chang seconded, and the motion carried 4-0. Bumett moved to enact Ordinance No. 1844. Lowenthal seconded, and the motion carried 4-0. STAFF RI~PORTS City Manager Donald Brown reviewed the recommendations of the Legislative Review Committee as follows: Support AB 2624 (Cox), mandate reform; AB 2133 (Leach), school finance; SB 1871 (Alarcon), funding for State OES for disaster recovery plan; and AB 1756 (Scott), tax credit for seismic retrofit of residential structures. Continue to support AB 2412 (Migden), sales and use taxes, retailers. Continue to oppose AB 83 (Cardenas), home based businesses. Oppose SB 2000 0aolanco), sales tax redistribution; SB 1982 (Alport), local fiscal restructuring, county plan; and AB 2492 (Kuehl), stormwater, num~ic effluent limits. Burnett moved to approve the recommendations. Lowenthal seconded and the motion passed 4-0. COUNCIL Ri~PORTS Lowenthal read a note from the City Manager regarding John Headland finding a large amount of muney, cr~it cards and personal papers and turning it in. Chang said he represented the city council at a Cities Association meeting at which there was a presentation from the tiro depa,'huents in the county regarding building a training facility at Moffett Field. James announced that Mary Ellen Cheil, Executive Director of Cupmino Community Services, was named Eleventh Senatorial District Woman of the Year by Sen. Byron Sher. She met with Carl Guardino, Silicon Valley Manufacturing Group, regarding the housing trust fund. She attended the Fremont High School 75m anniversary celebration. She said the enjoyed the Pegasus tour and had learned a lot. She thAnk,Xl Steve Piasecki. April 3, 2000 Cupertino City Council Page ADJOURNMENT At 9:46 p.m., the meeting was adjourned to 5:30 p.m., April 10, 2000, Conference Room C/D, for a closed session regarding city manager recruitment. Roberta Wolfe Deputy City Clerk MINUTES CUPERTINO CITY COUNCIL Regular Adjourned Meeting Monday, April 10, 2000 CALL TO ORDER At 5:30 p.m., Vice Mayor James called the meeting to order in Conference Room C/D, 10300 Torte Avenue, Cupertino, California. ROLL CALL City Council menthers present: Vice-Mayor Sandra James, and Council members Don BurneR, Michael Chang, and Richard Lowenthal. Council members absent: Mayor John Station. Staffpresent: City Attorney Charles Kilian and Human Resources Officer Bill Woska. ORAL COMM~CATIONS Mr. Donald Pierce, 21869 Garden View lane, presented a petition against the proposal for Andronico's Market at the Oaks Shopping Center, and presented a letter by Carolyn Miller also protesting the market. RECESS Council recessed from 5:36 p.m. to 6:00 p.m. CLOSED SESSION At 6:00 p.m., Council recessed to a closed session reg~'mg labor negotiations, Governmant Code Section 54957.6: city m~n~ger recruitment. At 8:30 p.m., Council reconvened in open session. No action was taken in closed session. ADJOURNMENT City Attorney RESOLUTION NO. 00-106 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 IsIARCH 31 v 2000 WHEREAS, the Director of Adminislxative Services or her designated representative has certified to ac. curaoy 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 me, ting oft_he City Council of the City of Cupertino this day of ,2000, by the follow'mg vote: Vote Members of the City Council AYI~S: NOF~: ABSENT: ABSTAIN: ATTEST: APPROVED: City Clerk Mayor, City of Cupertino ~Z~G PERIOD: 9/00 03/30/00 CZTY O~ CUPE~TZgO PN;g ; 1020 5?6258 03/31/00 1406 P.A.TiIESCHEVO~T,E~ 6308540 LABOR 0o00 212,50 ,~~J~Q s76283 03/31/00 M SP~VEY, RUTH SS00000 Pds~Lmu POETRy OF THY. N~ 0.00 33.00 1020 576283 03/3Z/00 802 ~ S~ZK 1Z0730~ ;ZCHX,BR GUZD~T,,ZtlE8 Dg8 0.0Q 42S.00 X020 S76284 03/32/00 67X ST~'~.~D BUSZI~S$ ~Z~ Z~0~500 ~X/~20~/ZSQ~ 0.00 1020 576285 03/3~/00 6~ ~ ~ ~ G ~ 220 DB~ ~TZON 0.0~ 891.~9 ~020 576286 03/31/00 690 S~ ~ 6308540 P~TS 10.63 139.53 ~020 5?6286 03/31/00 690 ~ ~ 6308540 ~TS 31.8~ 418.28 1020 5?6286 03/3Z/00 690 ~ ~ 6308S40 ~DZT 2/29/00 0.00 Z020 576286 03/3~/00 690 ~ ~ 6308540 P~TS 0.66 ~020 576286 03/3~/00 690 ~ F~ 6308540 ~R ~ ~l~ 57.23 1243.91 1020 576206 03/31/00 690 ~ ~ 6300540 P~ 2.m~ o~/~o/oo CXTY OF ct~m~?z~o p~ to RESOLUTION NO. 00o107 A RESOLUTION OF THE CITY COUNCIL OF TI-IB CITY OF CUPERTINO ALLOWING CERTAIN CLAIMS AND DEMANDS PAYABLE IN TH~ AMOUNTS AND FROM THE FUNDS AS HEREINAFTER DESCRIBED FOR GENERAL AND MISCELLANEOUS EXPENDITURES FOR THE PERIOD ENDING APRIL 7, 2000 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 mounts and from the funds as hereinafter set forth in Exhibit "A". CERTIFIED: Director of Administrative Services PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this __day of ,2000, by the following vote: Vote Members of thc City Council AYES: NOES: ABSENT: ABSTAIN: ATTEST: APPROVED: City Clerk Mayor, City of Cupertino 04/07/00 , . CITY OF ~'P~tTINO PA~E 2 ACCOONTZNG P~Z~D: 10/00 C~BCE RS~$T~t - DZSB~ ~ SELECTI(~T CR;TERZA: tr&nsa=~.tFano_date between .04/03/2000u and .04/07/2000" 04/07/00 CI'/"~ OF a.q'ERT~NO PAGE 5 JLC.~-[JiJ~T;NG PERIOD: 10/00 ~31ECK P~GZS'I'BR - DrSB~,SBNENT ~ 04/07/00 ACC'O~ZI~ P~ZOD: 10/00 CHECK 04/07/00 CITY OF C0~R?IN0 PA~E ~l 04/07/00 CIT~ OF CUPeRTInO P~GE 13 P,13SOLLCrlON NUlvYBI~R oo-lo8 - d RESOLUTION OF TH~ CITY COUNCI~ 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 MARCH 31, 2000 WHEREAS, the Director of Administrative Services, or their designated representative has certified to the ac~uraoy of the following claims and demands and to tho 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 d~mands in the amounts and from the funds set forth: GROSS PAYROLL $349,241.91 Less Employee Deductions $( 112,601.29) NET PAYROLL $236,640.62 · - PaFroll che~k numbers issued 46571 through 46782 Void ch~k number PASSED AND ADOPTED at a regular m~ng of the City Council of the City of Cup~dno this __ d~y of ,2000, by the following vote: Vote M~rnbers of the City Coundl AYES: NOES: ABSENT: ABSTAIN: ATTEST: APPROVED: City Clerk Mayor, City of Cupertino ~ 10300 Tort~ Avenue Cupe~ino, CA 95014=3255 C[TY OF Telephone: (408) 777-3220 CU PEi;LTiN0 (408)777-3366 DEPARTMENT OF ADMINISTRATIVE SERVICES SUlVIMARY Agenda Itern No. ~ Meeting Date: April 17, 2000 SUB/ECT Monthly Treasurer's and Budget Report- February 2000 BACKGROUND Attached is the Treasurer's and Budget report for the period ended February 29, 2000. The report includes all flmds in control of the City. Investments The market value of our current portfolio totaled $39.6 million at month end with a maturity value of $39.9 million. The City intends to hold investments until maturity to redeem full value of the securities currently with a mnturity value below market value. The cturent investment portfolio remained relatively unchanged during the month of February with incoming revenues offsetting expenditures. The investments of the City of Cupertino are in full compliance with our City investment policy and/or State law. Inve~huents are tiered to adequately provide the City with sufficient cash flows to pay its obligations over the next six months. Revenue/Expenditure Trends General fund revenues are below budget projections at the end of Febnmry due to the timing of major tax payments received from the State and County. Operating expenditures for the General Fund remain below budget by 8.27%. RECOMMENDATION: Staff recoramends that the City Council review and accept the February Treasurer's and Budget report. Submitted by: Approved for submission: agle Donald D. Brown D~puty Treasurer City Manager Investments By Type] Managed Portfolio I 0% ~2~omto Bonds 0% ~AIF 4% -~"~" ": .. ". 5 16% :'~'~'.:.-'_. ~ . / Rate of Return Comparison[ 6.20% 5.80% · -. COMPLIANCE WITH INVESTMENT POLICY City of Cupertino February 29, 2000 Category StandaFd Comment Treasury Issues No limit Complies US Agencies (eg FHLMC) No limit Complies Medium Tz.u Corporate Bonds/Notes 30% with A rating Complies LAIF $20 million Complies Money Market Fonds 20% Complies Maximum Maturities ]25% up to 15 years Complies (FHLMC at 9.5 yrs) " iRernainder up to 5 years Complies Per Issuer Max 10% (except govts) Complies Bankers Acceptances 270 days & 40% Complies Commercial Paper [ 15% Complies Negotiable Cergficates of Deposit ~,30% Complies Repurchase Agreements 365 days Complies Reverse Repurchase agreements Prohibited Complies City of Cupertino February 2000 ADJU$'I I~D MATURI ! ¥ MARK~ ! UNREALIZED ~URCHASE MATURJ ! ~ DESCRIPTION R~ Y1ELD COST VALUE VALUE PI~OFIT/LOSS SECURI ! L~S SOLD SECURI l I.~S MATURED ' ~None i SECURI 1 lES I~URCHAS[~,D 02/07~0 06/30/03 i I r~su~y Note 6a 6.62%. 2~08~98 2,500,000 i 2~08,6O0 302 CURRENT ~Olk I ~OLIO CASH 02/29/00 Cu{~rlino Nalloonl 0 0 0 0 0 0 0 O CORPORA! ~' ~ONDS 0 0 0 0 6 0 0 0 LAIF , 02/29/00 State Pool 6f 5.08% S, SSS,0S8 S, SSS,0S8 S,SSS,0S8 O MONEY MARI~T FUNDS ~ I 02/29/00 i Cupeflino Natl Bank 6j 5.05% 180,978 180,978 ! 80,978 0 02/29/00 Cupc~noNatl-Swecpsccount ~6j 5.05% 884,826 884,826 884,826 ~ 02/29/00 Schwab 6j 5.00% 569,733 569,733 I 569,733 0 ~ 1,63s,537 1,63s~? 1,63s,s37 0 MORTGAGE BLIGATIONS 07/09/03 04/15/07 FHI.MC(P) ,6k 6.11% 1,020.700 1,O00,000 988,550 (32,150) 09/30/93 09/15/07 FIR,MC(P) 6k 7.42% 2,505,785 2,400,000 2,422,128 (83,65?) 09/30/93 05/15/08 !FHLMC(P) 6k 6.62% 2.950,302 2,860,000 2,756~325 (193,977) i 6,,476,787 6~2~0~0O0 6,167,0~3 (309,784) US GOVERN] ~)'-NT SECURITIES 12/12/~6 06/30/00 [Trcnsu~ Note h 6.00% 909,618 1 ,O00,O00 1,0O0,0O0 382 12/12/96 06/20/00 !Trcasu~ Note ~ 6.00% 99~,618 1,0O0,0O0 L0O0,0O0 382 08~4/97 11/30/00 Trt~lsuty Note . 6.01% 2,493,452 2,500,000 2,488,2?5 (5,177) 08/06/97 05/31/01 Trusmy Note 16a 6.05% 2,512,422 2.500,000 2,501,575 (10,847) 08/29/97 07/31/00 Tr~nsu~ Note 6a 6.03% 1,000,358 1 ,O00.O00 1,000,630 272 10/08/97 03/21/00 Ttusury Note ~ 5.69~ 2,001.847 2,0O0,0O0 2.O01.8S0 33 10/08/97 09/30/00 Treasmy Not~ . 5.71% 1,002,213 1,0O0,O00 999,690 (2,523~ 10/08/97 03/31/01 T~tsury No*,- 6a 5.75% 2,012,083 2,000,000 2,O00,0O0 (12,083) 10/08/97 09/30/01 Treasury Note ~ 5.79% 2,016,438 2,000,000 ~,995,620 (20.818) ol/1o/oo 12/31/01 Tmnsu~ Note h 6..31% 2,492,0O2 2,5O0,0O0 2,481,250 (10,752) 01/10/O0 O6/2O/O2 TFCaSUFy Nc~ ~ 6.33% 2,495,~41 2,500,0O0 2,482,825 (13,116) 01/14/120 05/25/00 ~reasu~t Note 5.58% 987,148 L0O0,0O0 986,480 (668) 01114/00 !: 08/17/00 ~tsu~t Note h 5.75% 487,026 5O0,0O0 486,355 (671) 02/0?/00 06/30/03 [T~asuty Note 6a 6.62% 2,40~.298 2,500.000 2,409,600 302 City of Cupertino February 2000 ACIIVII~'DA'II~ ADJU31P=.IO MATUP~IIy MARK. Iai' IUNREAL[Zf~D ~URCHA~E MA'IURIiY' DES~KIFHON ~ ~IIaL~ COST VALUE VALUE [ PROFH/LO~S SECUKI ~ lt~q SOLD None None 6.62% 02/07/00 06/30/03 lreaamy NOt." 6a. 2,40~,295 2.300,000 1 2,405,600 302 CURRENT PO~t n a, OLIO CA.nH 02/29/00 Cuperdno National 0 0 i 0 0 # OI O 0 COlU'ORATE B°NDS 0 0 0 I 0 0 O 02/2~/00 State Ponl 5.82% ~ ~..~,058 ~ 0 MONEY MAR.I~T ~ 01/29/00 Oq~ino N~I B~k 6j $.60~ 180,~8 180,~'/8 180,~78 0 0~0/00 ~ul~'~i~o N~l-Sw~0 ~¢onnt6j 5.05~ 88~,~ 88~,826 884,626 I 02/29/00 ,~-hwab 16j 5.(X)% 569,733 $69,733 $69,733 0 I, / 6k 1,63~..n37 1,63S,.137 1,63S,.n37 0 MOR'I~AG.~. ~)BLIOA L JON 07/09/93 I 04/15/07 FHI..MC(P) , 6.11% 1,020,700 1,0Oo,000 988,550 (32,150) 09/30/93 i 09/15/07 Fi-ILMC(P) 6k 7.42% 2,.505,785 2,400,000 2,422,128 (83,657) 09/30/93 05/15/0~ FHLMC(P) 6k 6.62% 2,950,302 2,860,000 2,756,325 (193,977) 6~476)'/~/ 6,260~00 6,167,8Q3 (30~,/54J US OOV~leo~ll~l~lT S~CURI LJ~ 12/12/96 06/30/00 'l~uur ,Note 6a 6.00% 999,618 1,000,000 1,000,000 382 12/12/96 06/30/00 Tteasut ,Note 6a 6.00% 999,618 1,000,000 1,000,000 382 08/04~7 11/30/00 'l'm~ur ~Note 6a 6.01% 2,493,452 2,500,000 2,488,275 (5,177) 08/06/97 05/31/01 ~ ,Note 6a 6.05% 2,512,422 2,500,000 2,501,575 00,847) 08F29/97 07/31/00 Tre~ur ~Note 6a 6.03% 1,000,358 1,600,000 1,000,630 272 10/08,~/ 02/31,'00 Tm~ut ~Note 6a 5.69% 2,001,847 2,000,000 2,001,880 33 10/08/97 09/30/00 Tre~m ,Note 6a 5.71% 1,00:2,213 1,000,000 999,6g0 (2,523) 10/08/97 02/31~01 ~ ~Note 6a 5.7~ 2,012,0~3 2,000,000 2,000,000 (12,0~3) 10/08/97 09/30/01 Tfeasm ~Note 6a $.79% 2,016,438 2,000,000 1,995,620 (20,818) 06/25/99 11/30/02 Tteasut ~Note 6a $.90~ 2,498,477 2,.500,000 2,446,875 (51,602) 01/10~0 12/31/01 ~ ~Note 6a 6.31% 2,492,002 2,500,000 2,481,230 (10,752) 01/10~0 06/30/02 'l~easm Note 6a 6.33% 2,495,941 2,500,000 2,482,825 (13,116) 01/14/00 0~25/00 Tmm~ ~ Note ea $.383~, 987,148 1,000,000 986,480 (668) 01/14/00 08~17/00 ~ ~ Note 6a $.7~% 487,0~6 500,000 486,353 (671) 02/07/00 06/30/03 Ttea~m e Note 6a 6.62% 2,408,298 2,500,000 2A0~,600 302 Total Maaa~e~l Fortfolio a0,o/4,321 39,9~,~95 39,637,653 (436,008j C~ of Cup~r~#o · F~bruary 2000 A(~ 1 IVI 1 ¥ DAT~., R.EF COS l ADJU~IP.,D IVlATURI't ¥ MARKE ! UNRF. A LIZ.~.{.) )URCHASI~ [ MA]URII¥ I~SCRIFIION YIt~LD VALU~ VALUE PROFIT/LOSS ' . ' Avm~ Ylel Average Length to Memrity (in yenrs) ~ 1.45 City'of Cup ino ._ February 2000 ACuV~Y'DAI~ [ [ J ADIU~I~D MATURITY, MARKE~ UNREALIZED ]~URCHASE [ MATURI~ Y' DESCKIF~ON REF YIhLD COST VALUE VALUE PROFIT/LOSS ~ .TsUST & AGENCY PORTFOLIO 07/26~9 I 07/26/00 !Cup~ino Natl(K~t~ Trust) !6b 4.15% 36~07 36,307 3~307, 0 Total Tru-f & Ag~ Po Io 36,3U1 36,307 36,307 i City of Cupertino February 2000 AClIVlIYDATI~ ADJUSTI~D [ MATURIIY [ MARK~I UNREALIZED ~URCHASE [ MATURII¥ DESURIPIION REF YIELD COST ! VALUE [ VALUE PROFIT/LOSS ! BOND RESERVE POi( 1 ~OLIO Trame~lmpact Franklin Fiducimy Trust 5.65%I 19,1~0 19,100 19,100,I 0 ! MemorialAVIIson Easrow B (# de~JgdS) ! 'Cash 951, 951 I 951 0 12/16/92 [ 05/15/00 U.S. Treasury- S~pped 6.75% 6,670,398 i 6,744,0001 6,665,298 (5,100) 04/06/93 01/01/03 Repro - ~row A (400972) 625%! 2,833,425 [ 2,833,425 [ 2,833,425 0 12/16~2 12/16/99 Repro=EscrowA (400957) 6.10% 839,573 [ 839~q73 839,573 0 12/16/92 12/16/99 Repro - Escrow B (400963) 6.10% S.~0'/~331"334,435 [ S,007~3.31'334~435 S, e0'/,4331'334'435 00 Blackberty/Fmnont Older 1~93 Easr~w A (~400966) Cash 2,595 2,595 2,595 0 02/15/00 03/31/00 U.S. Tnmsury 6.75% 1,871,833 1,861,000 1,862,745 (9.088) 04/06/93 08/15/00 U.S. Treasury 6.23% 925,633 915,000 926,438 804 0~./06/93 02/1~/01 U.S. ?r~su~ St~pped Iht 6.05% 27,584~S6 2S,010,000 ' Total Bond l~serve Portfolb~ City of Cupertino Summary of Budget Transfers 2/29/00 Bud~'t Revmue Expondimxe Description Acet # Adiustmmt Budget Budget 1999/00 ADOPTED BUIN~ET 47,967,000 49,753,447 PROJEC'F CARRYOVERS various 1998/99 CARRYOVER: Encumbrances various 3,461,392 3,461,392 Department cm'tyovers 610-98xx-9400 107,572 107,572 Grant can-yovess 110-2401-7014 127,689 127,689 Grant can'yover~ 110-2402-7014 28,366 28,366 Project can?overs various 7,989,841 7,989,841 I . Budget carryovers various 1,166,310 1,166,310 Budget catxyovers 610-9853-9400 20,000 20,000 R~VENU~ ADJUSTMENTS: G-rant funded projects various 1,742,354 Cfi'ant cnzTyovers 110-0000-4432 105,811 Blocl~ Grant carryover 11~31 28,366 TCI equipment pumhase 110-0000-4054 155,000 Local law enforcement block gnmt 110-0000-4431 25,529 OTI ~' property pm'chase 420.0000-4900 470,699 Donation - Lions 560-0000-4811 1,000 KXPENDITUR~ AI)3USTM~N'I'S: Youth Leadership 220-4011-6111 5,000 5,000 Grant funded projects vaxious 1,742,354 1,742,354 City channel equipment 110-3500-9400 155,000 155,000 Hnmn~ ~ervice prosram 110-3300-7102 29,585 29,585 Telecom ~rant-K. Tully 110-1031-6206 250 250 Smiling Rd Annexation 110-7305-7014 4,000 4,000 Local law enfove~c, nt block ~rnnt 110-2402-7014 28,366 28,366 SJ Conservation Corp P.O. 29939 110-8601-7014 5,568 5,568 HR Litigation cust ,110-4511-7014 25,000 25,000 Telcom gnmt adjustment 110-1031-6206 -250 -250 OTC} for p, oporty porclmce 110=0100-8020 470,699 470,699 Purchase of property 420-9217-8020 470,699 470,699 Donation. Litms 560-6620-9300 1,000 1,000 L~raty ex[pnnd~] hou~ 110-1040.7018 85,000 85,000 - 1999/00 ADa-USTED BUI}GIZT 50,495,759 65,676,889 I Revenue Comparison 1 Sales Tax 6.000,000 - 2 Prope~ Tax 3 Utility Tax 4 Franchise g: Lic~se 5.000,000 - $ Other 4.000.000 - 8 Cl~rge~ For ~rvices 9 ]~m~ & Fmf~iuras 10 Other Revenue 3,000,000 - 2,000,000 - 1,000,~00 - 0 1 2 3 4 5 6 7 8 9 10 IExpenditure Comparison 1 Admlnllbllion 2 UIW EnforCellem 3 ColllmUn~ 8an~e 7 Publk= W(xkl $,000.000 - 0 I 2 3 4 5 e 7 RESOLUTION NO. 00-109 A RESOLUTION OF THE CITY COUNCIL OF TH~ CITY OF CUPERTINO ' SETTING DATE FOR CONSIDERATION OF REORGANIZATION OF AREA DESIGNATED "NORTH STBLLING ROAD 00-01", PROPERTY LOCATED ON THE EAST SIDE OF NORTH STELLING ROAD BETWEEN GARDEN GATE DRIVE AND GREEN'LEAF DRIVE; APPROXIMATELY 0.22 ACRE, GB ESTATE HOMES LLC (APN 326-30-089) WHEREAS, the City Council of thc City of Cuper'dno has received a request for annexation of territory designated ''North Stolling Road 00-01" fxom property owner, GB Estate Homes, LLC; and WHEREAS, the prop~ty, 0.22+ acm on the north side of ~leaf Drive between Beardon Drive and Stelling Roa~ (APN 326-30-089) is contiguous to the City of Cupertino and is within its urban service area; and WHEREAS, annexation would provide for use of City services; and WI-IBRBAS, this t~ritory is uninhabited and wes pmzoned on April 3, 2000, to City of Cupertino Pm RI-10 zone; and WI-IEREAS, the City of Cupertino, es Lead Agency for enviromantal review completed an initial study and granted a Negative Declaration for annexation; and VCHEREAS, the County Surveyor of Santa Clara county has found the map and description (Exhibits "A" and "B") to be in accordance with Gov~o. mant Code Section 56826, thc boundaries to be definite and certain, and the proposal to be in compliance with LAFCO's mad annexation policies; and WI-mREAS, the fee set by the County of Santa Clam to cover staffcost for above certification has been paid; and WHEREAS, es provided in Gove,nmant Code Section 56826 the City Council of the City of Cupertino shall be conducting authority for a reorganization including an annexation to thc City; and WI4F. REAS, Government Code Section 56837 provides that if a petition for annexation is signed by all owners of land within the affected territory the City Council may approve or disapprove the annexation without public hearing; NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Cupertino hereby initiates annexation proceedings and will consider annexation of the territory designated "NoRh Stelling Road 00-01" and detachment from the Santa Clara County Lighting Service District at their regular meeting of May 15, 2000. Resolution No. 00-109 Page 2 PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this 17t~ day of April, 2000, by the following vote: Vote Members of the City Council AYES: NOES: ABSENT: ABSTAIN: ATTEST: APPROVED: City Clerk Mayor, City of Cupertino 2 EXHIBIT A ANNEXATION TO THE CITY OF CUPERTINO N. STF_.LLING ROAD # 00-01 FEBRUARY 2000 All that certain property situate in the County of Santa Clara, State of California, more particularly described as follows: Beginning at the Northwesterly comer of Lot 103, as shown on the subdivision map of Tract 783, recorded in the office of the Recorder of the County of Santa Clara, State of California on September 6, 1950 in Book 30 of Maps, at Pages 30, 31, 32 and 33, said point b~ng on the co.orate limit line of City of Cupertino as established in October 1955; thence along the lot line of Lot 103 North 90 Degrees 00 Minutes 00 Seconds East a distance of 12~.00 feet; thence South 00 Degrees 00 Minutes 00 Seconds East a distance of 75.00 feet; thence North 90 Degrees 00 Minutes 00 Seconds West a distance of 12~.00 feet to said city limit line; thence along said line North 00 Degrees 00 Minutes 00 Seconds East a distance of 75.00 feet to the point of beginning. Containing 0.215 acres more or less. APN 326-30-89 revised 3117100 SCALE I "=40" ,e,eo. ,e,,..~ol,~ .-.,,~ ,4lret ,o,.. ¥I£INITY MAP N 00"00'00' E 7~.00" · ' .. J COT I0~, '~ . l,i I ..__1~. _ ~' . ...... ~R TH ~TELL ING ROAD INAL INOO~ORA TION EXHIBI.T OITY OF OUPERTINO PRPO~D A~EXA TION OOTOOER ~9~ TO OITY ~ O~ERTINO ~NTIIL~D N. ~TELLINO RO~ ~ -' ~ LEOEND PROP~R~Y TO O~ ANN~X~O -- TO CIPP OF CUP~R~I~O ~ffIPPIYG PARCEL LI~ CITY OF CUPERTINO Summary Agenda Item Number ~ Agenda Date: April 17, 2000 SUBJECT AND ISSUE Request from Fremont Union High School Alumni Association for a fee waiver of the facility usc fees at Blackberry Farm. BACKGROUND The Alumni Association is planning a fundraising picnic at Blackberry Farm in September of 2000. Funds generated from the event support scholarships for students within the district. Although a fee waiver at Blackberry Farm is not consistent with Council Policy, a fee reduction may be considered in light of the nature of the event. Staff would recommend reducing fees from $6.50/person to $2.50/person. STAFF RECOMMENDATION City Council reduce the use fees from $6.50/person to $2.50/person for the Alnmnl Scholarship Fund Raiser at Blackberry Farm. SUBMITrED BY APPROVEI~FOPJSUBMISSION TO CITY COUNCIL Stephen O. Dowling onal Director of Parks and Recreatio~City Manage~ Enclosures: Letter dated February 29, 2000 Prio~ o:1 Recycled Fremont High School Alumni Association P 0 Box 2709, Sunn. ln,ale. Californ/a 94097-0709 F~uary 29, 200O TI~ Honorable ~ohn Staltoo Mayor offl~ City of Cup~ino 10300 Tore Ave. Cupertino, CA. 95014 As l~id~t ofti~ Fr~nont ~ School Alumni Association, I w~uld first like to ~ our thanks and appreo'mtion for the special allowanc~ the City of Cupertino granted our Association when we held onr ammal barbecue at th~Bla~ Farm facility on th~ Ilth of September, 1999. We foumi it to be a wondmtd setlin~ for our ammal minion. We have used otlm' Ioc~ions in tbe past, but none have been quite n~ ~uitable ~s Blackbmry Farm proved to be. There~re, we have reserved the sm~e location for this year's annual barbecue minion on the 9~ of September 2000. Secondly, we are a~oai. ~ l~a~miaalon to be 8rant~i si~ial considenition re~ardin~ enUy fees. At their ~-~ular meeting of S~in~nber 9, 1998, tbe City Coon~il a~ed that tbe facility ~e would be redm:ed from $6.50 per perMn to $2.50 per per~on for onr September 11, 1999 reonion berbe~ue. We are aln~rely hopin~ that the same criteria will apply to this years event which is planned a~ set forth above. Quite a period of~ime has elapsed sin~e our last request of Augmt 18, 1998, at which ~ Michael S. Chan~ was the mayor of Cupertino. I tberei'ore thlnk it is prudent to a~qualnt you with our A~a~iation and its ~oals. Our enrollment ~onalsts of ~raduates of Fremont High School, many of us datin~ back to a time when it was the only Iti~h School for all of tbe Cupertino/Sunnyvale md Monte Vista are~. Mnny oftbe alumni are still promln~t in Cupertino, as ere ~ome of thalr children. We are a non-profit or~on, manoed totelly by volunteers, and our mn'm goal, aside l~om ~ocialization, is to nise fond~ for the pu~pom of ewardin~ Scholarships to des~dn~ ~raduates. Last year we w~e able to increase our ~holarship from(5) flveto(6) six $1,200.00 ~wards. Wehopeto ~ontinue this upward splral intbe futore. Sln~e onr source of income consists entirely of donations, $$.00 anmml dues fees and small pFOfite fi*om our fund- raisers, you can see that each area in which we aFe able to achiove a reduc6on o~cost assists us in achievinS Otber reunion eveflts we SponSOF are an anntml Dioner Dnoe and a Golf T~ bet the ~ has facility use fee would aid us enormously in t~ quest to keep the event affo~,lable. It is onr firm hope that yon will assist us in onr endmtvoF by providins yOUF endorsement and recommendation for at,t,c,~,,al to the City Cuuncil. On behalf of the Fremont High School Alumoi Ve~ Truly Yours, _ .. jr City Hall 10300 To~e Avenue ~,. Cupertino, CA 95014-3255 CITY (408) 777-3354 FAX (408) 777-3333 CUPEI TINO PUBLIC WORKS DEPARTME2qT Summary AGENDA ITEM ~' AGENDA DATE April 17, 2000 SUBJECT AND ISSUE Resolution granting sanitary sewer easement to Thomas McNair, APN 357-04067, portion of Parcel 2 BACKGROUND It is necessary for the City to grant Thomas McNair a sanitary sewer easement over McClellan Ranch Park to serve his development. The City is reqnesti~ $1,035.00 as market value for an easement for this purpose. STAFF RECOMMENDATION Staff r~commends that the City Council adopt Resolution No. 00- / [ O , granting a sanitary sewer easement. Approved for submission: I~ iskovich Donald D. Brown ~r o'~Public Works City Manager RESOLUTION NO. 00-110 A RESOLUTION OF THE CITY COUNCIL OF ~ CITY OF CUPERTINO GRANTING AN EASEMENT FOP. SANITARY SEWER PURPOSES TO THOMAS MCNAItL APN 357-04-067, PORTION OF PARCEL 2, MCCLELLAN ROAD AND MIRA VISTA DRIVE IT IS HEREBY RESOLVED, that the City of Cupertino grant to Thomas McNair, an easement for Sanitary Sewer Purposes over that real property located in City of Cupertino, County of Santa Clara, State of California, described as follows: A strip of land of a uniform width of five feet the westerly line of which is more particularly described as follows: Beginning at the southerly terminus of the course recited as "S 18° 14' 13" W 102.20'" on said Parcel Map, said course being the general westerly line of said Parcel 2 and being the easterly l'me of the lands of McNair as described in the deed recorded in Book P153 at page 1578, Official Records of Santa Clara County; thence South 82° 23' 06" East 14.00 feet, more or less, to the eenterline of an existing 10' wide sewer easement shown on said Parcel Map as being recorded in Book 6300 of Official Records at page 419 and in Book 6144 of Official Records at page 539; thence northerly along said centerline 5.03 feet; thence North 82° 23' 06" West 13.63 feet, parallel to and distant 5.00 feet, as measured at right angles from said previous course, to said first mentioned course; thence along last said line South 18° 14' 13" West 5.09 feet to the point ofbeglrming. Containing 69 square feet more or less. NOW, THEREFORE, BE IT RESOLVED that thc Mayor is hereby authorized to execute said grant of easement on behalf of thc City of Cupertino: IT IS FURTHER RESOLVED that the City Clerk is hereby authorized to record said Grant of Easement and this Resolution. PASSED AND ADOPTED at a regular meeting of thc City Council of thc City of Cupertino this 17' day of April, 2000, by the following vote: Vote Members o__f the City Council AYES: NOES: ABSENT: ABSTAIN: ATTEST: APPROVED: City Clerk Mayor, City of Cupertino SEWER EASEMENT (5' WIDE) FOR THE BENEFIT OF THE LANDS OF MC NAIR (P153 O.R. 1578) That land situate in the City of Cupertino, County of Santa Clare, State of California, being a portion of Parcel 2 as said parcel is shown on the Parcel Map filed in Book 611 of Maps at pages 23 and 24, Records of Santa Clara County, being a five foot wide strip of land described as follows: Beginning at the southerly terminus of the course recited as "S 18° 14' 13" W 102.20' "on said Parcel Map, said course being the general westerly line of said Parcel 2 and being the easterly line of the lands of Mc Naif as described in the deed recorded in Book P153 at page 1578, Official Records of Santa Clara County; thence South 82° 23' 06" East 14.00 feet, more or less, to the centerline of an existing 10' wide sewer easement shown on said Parcel Map as being recorded in Book 6300 of Official Records at page 419 and in Book 6144 of Official Records at page 539; thence northerly along said centerline 5.03 feet; thence North 82° 23' 06" West 13.63 feet, parallel to and distant 5.00 feet, as "- measured at right angles from said previous course, to said first mentioned course; thence along last said line South 18~ 14' 13" Wast 5.09 feet to the point of beginning. Containing 69 square feet more or less. END OF DESCRIPTION SMITH, RANDLETT, FOULK & STOCK, INC. CIVIL ENGINEERS /, LAND SURVEYORS REDWOOD CITY, CALIFORNIA m,,~ · ~21~-JAC REG FE~. Thomas H. Hc .a~r and J~m~e A. MICRO ~00 160 Lotus Lane LI~N ~ountain Vie~, CA 940~3 B~OA DAVIB, R~ SMPF ~ ~M ~n~, ~ R~ cl co. Gra~ Deed Nonumen~ Prese~va~ion Fee is ~ ~e undemi~ ~antor(s) d~(~ ~umen~ tra~fer ~ b $ z~. uu ( ~ ) ~mpat~ on ~all ~lae of pm~rt~ ~n~, or ( . ) ~mpu~ on full ~lue 1~ ~lue ol li~s and cn~mbmn~ rc~inini at time of ~lc. ( ) Un~mt~ ar~: (~) City o~ [[~ ~ a ( ) ~ff ~ot ~ld. ~R A V~U~LE ~NSlD~ON, r~ipt of whi~ b here~ a~l~, ~ION S. ~T, a ~rried ~oman, as he~ sole and separate property, ~ O~(s) ~o ~O~ N. NC ~AIR ~ J~l[ A. B[IGGS~ husband and ~i~e, ~tpm~in S~TA CLA~ County, S~a~e of Ca[i~o~nia, .deac~ibed as: LOT 73, AS D[LIN~ED UPON T~T CERTAI~ ~ ENTITLED~ '~ OF ~ONTA VISTA PA~' ~ILED FOR R~CO~ l~ T~E OFFIC~ OF ~E R~CO~[[ OF T~ COUNTY OF S~A C~, STA~E OF ~I~IA~ ON ~RIL iYT~ 1917 IN BOOK P OF ~S~ AT PAG~ 19. ~ii~Sm~en~W Grantee a~ address above Date December 26, 1995 ~0~ S. ~RT STATE OF CALIFORNIA COUNTY OF Santa Clara O. January 1. 1996 be~orcmc, tM ~ndexsiln~d_, n No~a~ Public in and for said Sta~ penonally appeared ltarton S. Hart per~on~ly knovm to me (or i~oved lo me on the basis of satisf~:to~ c~ideacc) to ~ tl~ pe.~mt(~) whine name(s) ~ mubs~ibed m the ~thl. in~u'umem and a~m~vied~d to me that h~/~d/tht-/c~cuttd tl~ nme in hiu'aer/the~' authorind ~apadt~(ie;), and that ~ hlVher/their li~.ltatuf~(s) mt ~ Inau'nm~nt the pem~(i), o~ the entity upon behalf of which the pem~n(m) ~ ["~. ?~-~1 NOTAllY pU~l.lC'c*e L I FORHJA e~,~_~:~l/ SANTA CLARA COUNTY / ~IL TAX ~ATEME~ AS DIREc-,'~ ABO~ a q RESOLUTION NO. 00-111 A KESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO RESCINDING KESOLUTION NO. 98-178 AND ACCEPTING GRANT OF EAS~ FOR ROADWAY PURPOSES FROM TONY AMn~ JARRAMI AND/ULIET CEZAR, 10010 CARMEN ROAD; APN 326-50-003 WHEREAS, Tony Amir Jarrami and Juliet Cezar have executed a Grant of Easement for Roadway Purposes which is in good and sufficient form, granting to the City of Cupertino, County of Santa Clara, State of California, easement over certain real property for roadway purposes, situate in the City of Cupertino, more particularly described in Exhibit "A" and Exhibit "B", attached hereto and made a part hereof, which is as follows: All that certain real property situate in the City of Cupertino, County of Santa Clara, State of California, located at 10010 Carmen Road. NOW, THEREFORE, BE IT RI/SOLVED that the City of Cupertino hereby _ rescinds Resolution No. 98-178 and accepts said grant of easement 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 17" day of April, 2000, by the following vote: Vote Members of the City Council AYES: NOES: ABSENT: ABSTAIN: ATTEST: APPROVED: City Clerk Mayor, City of Cupertino EXHIBIT A · L~GAL DESCRII'TION FOR PUBLIC STREET DEDICATION ALL THAT C~I~TAIN REAL PROPERTY SITUATE IN TI-IE CITY OF CLrPERTINO, COUIVrY OF SANTA CLARA, STAT~ OF CALIFORNIA, A1ND DESCRIBED AS FOLLOWS: BEGINNING AT A POINT IN THE EASTERLY LINE OF CARMEN ROAD DISTANT THEREON N 00 0T00" E, $5.50 FEET FROM THE INTERS]ECTION OF SAID LINE WITH ~ LINE DIVIDING SECTION 88 AND 89, AS THE SAMB ARE SHOWN ON THE MAP O1~ INSPIP, ATION POINT, MONTE VISTA, I-]~-~REINAFTEK ~ TO; THENCE ALONG TI~ MGI-1T-OF-WAY LINE OF CARMEN ROAD $ 00 07'60" W A DISTANCE OF 101.74 FI=_I=_T TO ~ POINT OF BEGINNING OF A 5 FOOT WIDE DEDICATION FOR ROADWAY PURPOSES, DESCK1BED AS FOLLOWS: BEGINNING AT SAID POINT OF BEGINNllqG; THENCE $ 89 53'00" £ 5.00 FEET; TI-~NCE N 00 07'00" E 105.00 FEET TO THE BEGINNING'OF A TANGEiNT CURVE HAVING A RADIUS OF 10.00 FI~T, A CENTRAL ANGLE OF 39 00'00", . AND AN ARC LENGTH OF 5.81 FEET; THENCE THROUGHT A REVERSE · CURVE TO THE LEFr HAVING A RADIUS OF 35.00 FEET, A C~ ANGI.~ OF 31 20'29", AND AN ARC LENGTH OF 19.15 FEET; ~CE N 51 05'57" W 16.79 FEET; TI-IM~CE PUNNING ALONG THE RIGHT-OF-WAY OF CARMEN ROAD S 00 07'00" W 135.74 FEET TO TI-IE POINT OF BEGINNING. CONTAINING S27 SQUARE FEET MORE OR LESS. EXHIBIT 'B ~A ENGEVEERING CO. ~o~ ~o... ~ engineering, planning, surveying. DATE:~4PRII. 16. 1997 1475 SARATOGA AVE., SUITE 190 SCAI~: l"=ao' SAN JOSE CALIFORNIA DRAI~'NBY: DC. PHOIVE(408)255..$661 FAX(408)255-$662 C[I'~C.K~D BY: I..~.N. RESOLUTION NO. 98-178 A RESOLUTION OF THE CITY COUNCK, OF THE CITY OF CUPERTINO ACCEPTING ORANT OF EASEMENT FOR ROADWAY PURPOSES FROM TONY AMIR JARRAMI AND JULIET C~.~AR, 10010 CAR.MEN ROAD; APN 326-50-003 WI-~REAS, Tony .Amir JR.-'T~ ~ Jttli~"t Ce.z~r lglv~ 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 rondway pu~ses, sit~,,t~ in the City of Cupe~/no, more particularly descril~l in Exhibit "A~ and Exhibit "B", attached hereto and made a part hereof, which is as follows: All that certain real pwperty situate in the City of Cupertino, County of Santa Clnxa, State of California, located at 10010 Carmen Road. NOW, THEREFORE, BE IT RESOLVED that the City of Cupertino accept said IFant so tendered; nnd IT IS FURTHER RESOLVED that the City Clerk is hereby authorized to ree~-d said ~an~ and this resolution. PASSED AND ADOPTED at a rel~lar meel/ng of the City Council of the City of Cupertino this 6~ day of July, 199g, by.the following vote: ~ of the city Council AYES: Bumett, Dean, James, Statton, Clmn~ NOES: None ABSENT: Non~ ABSTAIN: None ATFEST: APPROVED: city C~erk Ma~o~, City of Cupn~ino GRANT OF EASEMENT FOR ROADWAY PURPOSES APN 326-50-003 ' 10010 Carmen Road Tony Amir Jarrami and Juliet Ceear. grant(s) to the CITY OF CUPERTINO for public roadway purposes, together with the right to consW,_ct, repair, operate, end maintain any end all public utilities end improvements which shall be or become necessm'y for preservation of the public safety, welfare or convenience, the he~'e/nafl~ described propm'y which is situated in the City of Cupertino, County of Sent. Clara, §rate of California, and ns described as follows: (See Exhibit "A" & "B") IN WITNESS WI-IF2EOF, executed this ~ ~' da), of '~-,.,ne., 199 ~: . Tony Amh- JarramJ EXH. B T A LEGAL DESCRIFFION FOR A._P.N. 326-50-003 ALL THAT CERTAIN REAL PROPERTY SYI-UATE IN THE CITY OF CUPERTINO, COUNTY OF SANTA CLARA, STATE OF CALIFORNIA, AND DESCRIBED AS FOLLOWS: BEGIHNING AT A POI1VI' IN THE EASTERLY LINE OF CARMEN ROAD DISTANT THHI~ON N 00 07'00" E, $6.$0 FI~T FP. OM THE INTERSECTION OF SAID LINE WITH THE LINE DIVIDING SECTION 88 AND 89, AS THE SAME ARE SHOWN ON THE MAP OF INSPIRATION POENT, MONTE VISTA, HEREINAFTER REFEREED TO; THENCE ALONG THE RIGHT-OF-WAY LINE OF CARMEN ROAD S 00 07'00! W A DISTANCE OF 101.74 FlY-ET TO A POINT THAT IS DISTANT N 00 0700' E 180.00 FEET FROM THE INTERSECTION OF SAID LINE OF CARMEN ROAD WITH THE LINE DIVIDING SECTION 87 AND 97A, AS SHOWN ON SAID MAP; THENCE PARALLEL WITH THE SOUTHERLY LINE OF SAID SECTION 88 AND THE SOI. FrHERLY LINE OF SECTION LINE OF SAID SECTION 88 AND SOUTI-]ERLY LINE OF SECTION 90, S 89 $3'00" E, 125.12 FEET TO A POINT THAT IS DISTANT S 89 54'00" E, 25.00 FEET FROM THE LINE DIVIDING SAID SECTIONS $8 AND 90; THENCE PARAI.t.k'7. W1TH THE WESTERLY LINE OF SAID SECTION 90, N 00 07'00" E, 68.00 FEET MORE OR LESS TO THE SoLrrHERLY LINE OF STEVENS Cl~k-'a'K ROAD; THENCE ALONG THE SOU'I'I~RLY LINE OF STEVENS CREEK ROAD AND EASTERLY LINE OF CARMEN ROAD, NORTHWESTERLY AND SOUTHWESTERLY 130.00 FEET MORE OK l-gSS, TO THE POINT OF BEGINNING, BEING At AND A PORTION OF SECTION 88 AND 90, AS THE SAME ARE SO DESIGNATED AND Dg-t.~IEATED UPON THAT CERTAIN MAP ENTITLED, "MAP OF INSPIRATION POINT, MONTA VISTA", AND WHICH SAID MAP WAS FILED FOR RECORD IN THE OFFICE OF THE COUNTY RECORDER OF THE COUNTY OF SANTA CLARA, STATE OF CALIFORNIA ON APR.IL 11, 1917 IN "BOOK "P" OF MAPS, AT PAGE 18. ---' -.. BEING ALSO NOWN AS ASSESSO PArcEL NUMSER .","-X" CONTAINING 12,809 SQUARE FELT, MORE OR LESS. l\ tr\ ..... ... ~A ENO~rEE~ CO. zo~ ~o.: ~ - engineering, planning...qu~ing. DaTB:,apnn. ~. ~y .~ 1475 5~T~A A~, ~ 190 S~ JOSE C~O~ D~y: ~ l° ~ CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT County of ~nally ~n ~ me D p~ed ~ me on ~e ~is of ~tisfa~o~ evidence ~in inammen[ a~d ~n~ged to m~ that he/~ .......... ~x~ut~ ~ am in hi--ir a~orize~ maci~(~, ~ and ~at ~ hi~ signature~ on the in~mment ' ~ ~ ~ m~ , ~n~: or the enti~ upon behalf of which the person~ ~ ~ a~ed, ex~u~d ~e instrument. ' ; ........... - '~ WITNESS mv head and offi~al ~al. ~t ~1 ~ ~t ~ ~ ~ ~ ~ ~_~t. ~cri~ion of A~ch~ ~cument D=u~nt Da.: ~ [ t ~1 ~ ~ Numar of Pages: Ca~c~(ies) Claim~ ~ $ignzr's ~: Signzr's N~: D Ind~l ~ I~ D ~mte ~r D ~ ~r T~(s): ~e(s): D ~n-F~ D ~i~F~ D T~ D T~ D G~ian or ~r ~ G~n or ~e~ CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT · State of pe~nal~ ~a~ ~ ~monally kno~ to me - OR ~ p~ed to me on the ~is of ~tis~o~ evidence to be the pe~on(~ ~e ~me~i~ su~sc~d to the within instrument and a~g~ ~ me that ~sh~ey ex.uteri t~ ~me in ~er~r authodzed ca~i~(i~nd that by ...... ~. ~ _. ~er~ signature(s) on ~e instrument the ~o~, ~A~SX;m ~ or the entity upon behalf of which the person~ acted, - g~ ~m ~ :': exec~ ~e instrument. ~w~=-~ ~' WITNESS my hand and ~icial ~al. .... . ....... OP~ONAL ~scri~ion ~ A~ch~ ~cument ~.t Date: Signer(s) ~er ~n N~ Capac~(ies) Clai~d by Signe~s) ~ IndMdual ~ I~dual CI ~mte ~r I' I Tn~(s): ~(s): D Pa~r -- D Um~ D ~e~ 0 Pa~er -- D D Gene~ ~ ~y-~F~ 0 T~ ~ T~ ~ Gu~ ~ ~ ~ G~ Signer Is - RESOLUTION NO. 00-112 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO RESCINDING RESOLUTION NO. 9915 AND ACCEPTING GRANT OF EASEMENT FOR ROADWAY PURPOSES FROM SHUI LAIN LO, 10101 ORANGE AVENUE, APN 357-16-096 WHEREAS, Shui Lain Lo, has executed a Grant of Emement 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 par~ 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 10101 Orange Avenue. NOW, THEREFORE, BE IT RESOLVED that the City of Cupertino hereby rescinds Resolution No. 9915 and accepts said grant of easement so tendered; and BE IT 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 17~ day of April, 2000, by the following vote: Vote Memben of the City Council AYES: NOES: ABSENT: ABSTAIN: ATTEST: APPROVED: City Clerk Mayor, City of Cupertino RESOLUTION NO. 9915 A RESOLUTION OF ~ ~ CO~ OF ~ C~ OF C~ER~O ACC~ O~ OF ~~ FOR gO.WAY P~SES' ~OM S~ L~ LO. ~ 3~7-1~. 10101 O~OE A~ ~. Sh~ ~ ~. ~ ~ a ~ of ~t for ~y. .. ~ w~ is ~ g~ ~ ~c~t ~ ~-~ m ~ Ci~ of Cu~o, Co~ of S~ C~ S~ of ~1~ ~ o~ ~ ~ ~' f~ ~, ~ ~ ~ CiU of C~, m~ ~*t~ly ~ n ~t A nd ~bit B, ~ ~ ~ ~ a ~ ~f, ~ h ~ ~Ho~: ~ ~ ~ ~ ~ ~ h ~ Ciu of C~o, Co~ of S~ CI~ S~ ofC~ff~ 1~ ~ 10101 ~e A~ue. NOW, ~O~, BE W ~OL~ ~ ~ CiU of ~o ~ ~d BE ~ ~ ~SOL~ ~ ~ CiU C~ is ~ ~ ~ ~ PASS~ ~ ~ ~ a ~,i. m~-g of~ C~ ~fl of~ CiU of Cu~21~ ~y ofJ~y, 1997,~ ~H~: A~S: B~etC. ~n$, ~, SoTenseu, NOES: Hone ~S~: Hone ~ST~: A~ST: ~PRO~: /s/ Ktmber~y S~ch /~/ Jo~ BauCtsca GRANT OF EASEMENT .-. FOR~ ROADWAY PURPOSES 10101 Orang~ Avemue Shui Lain Lo, r~(s) to the CITY OF CUPERTINO for public maclway purpos~ ~ the fight to consul,, r~ir. opera, ~ m.;~;, any and all public utih'~ies and improvemms which ~-~ be or become ~ f~ prem~tion of ~e public saf~y, welf~ Coumy of Sams Clara, S~. of Califor~ and as desm~l ss follows: (S. E~bit "A" & ~B~) OAUFORNIA ALL-PURPO~E.ACKNOWLEDGMENT ~e In ~r~ a~o~ ~~ and ~t by o~ ~e ent~ upon behalf of which ~e ~) ~, Signe~s) ~r ~n ~ ~: Ca~c~i~) Claimed ~ Signe~) D Tm~ O T~ DF~CRIPTIO~ OF ~ FO~ 0UITt~AIN Dmm FOR UND~RO~ND WA-faa RI~IT~ ~N~OR: ~liU! ~il 11, 1917 ~ ~ ~ ~ s~ly 1t~ of s~d ~l~, S89'49~ 120.15 fm~ ~o ~ ~ ~ ~ ~ly ~ of Mid Ml~. Ho~ 58.00 ~~ 0.160 of ~ ~, ~ o~ l~n. · I ' ~ . ,4/e~.9'4~$'~ /20./5 '" '"'-~-' f~ V/'st~' ~1 ~ ~ P' ~p~ P~ 20 ~' ~' ~1~ i~1~1 o~ ~v~. ~ I FO£. UN DEi~.GI~ OUAIO I/VA7'EI~ ~./~HT~ Z 0 TO CITY' OF CU?~,~-rl,VO ~.~1~: /"~3o' ~'/.//¥ ~,, -. RESOLUTION NO. 00-113 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO ACCEPTING QUITCLAIM DEED AND AUTHORIZATION FOP. UNDERGROUND WATER RIGHTS FROM MAXINE ERLUND AND MIKE E. PHILLIPS, 10191 LEBANON DRIVE, APN 342-14-010 WHEREAS, Maxine Erlund and Mike E. Phillips have executed a "Quitclaim Deed and Authorization", which is in good and sufficient form, quitclalming all (his) their fights in and authorizing the City of Cupertino, County of Santa Clara, State of California, to exlract water from the underground basin, underlying that certain real property situate in the City of Cupertino, more particularly described as follows: All that certain real property situate in the City of Cupertino, County of Santa Clara, State of California, as shown and delineated on tho attached Exhibits "A" and "B". NOW, THEREFORE, BE IT RESOLVED, that the City of Cupertino accept said "Quitc]slm Deed and Authorization" so tendered; and '- IT IS FURTHER RESOLVED that the City Clerk is hereby authorized to record said "Quitclaim Deed and Aufhorization' and this resolution. PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this 17'~ day of April, 2000, by the following vote: Vote Members of the City Council AYES: NOES: ABSENT: ABSTAIN: ATTEST: APPROVED: City Clerk Mayor, City of Cupertino QUITCLAIM DEED AND AUTHORIZATION FOR UNDERGROUND WATER RIGHTS APN 342-14-010 10191 Lebanon Drive Marine Erlund and Mike E. Phillips, hereina~r referred to as the "GRANTOR', this ~.~ day of /~,-c~ 2000, hereby grant, bargain, assign, convey, remise, release and forever quitclaim unto thc CITY OF CUPERTINO, a municipal corporation, hereinafter rcfcrrcd to as the "GRANTEE", its successors and assigns, all the right, title, interest, estate, claim and demand, both at law and in equity, and as well in possession as in expectancy of the GRANTOR as owner of that certain real property situate in the County of Santa Clara, State of California, and specifically described as follows: SEE ATTACHED EXHIBIT "A" & "B" to pump, take or otherwise extract water from the undcrground basin or any underground strata in the Santa Clara Valley for beneficial use upon the lands overlying said underground basin, and GRANTOR hereby irrevocably authorized GRANTEE, its successors and assigns, on behalf of the GRANTOR and its successors in ownership or overlying lands in the said lots to take from said underground basin within the said lots any and ail water which the owner or owners of said overlying lands may be entitled to take for beneficial use on said lands and to supply such water to such owner or owners or others as a public utility; provided, however, tlmt nothing contained in this instrument shall be deemed to authorize GRANTEE to enter upon any of the lots delineated upon the above described map or to authorize GRANTEE to make any withdrawal of water which will result in damage to any building or structure erected upon said lots. i fo._ This assignment, conveyance and authorization is made for the benefit of lots within the above described plat and description and shall bind the owner of said lots within said plat and description. IN WITNESS WHEREOF, GRANTOR has executed this instrament the day and year first above wril~en. OWNERS: Maxine Erlund Mike E. Phillip~ (Acknowledgment and Notarial Seal Attached) CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of CALIFORNIA County of SANTA CLARA On 3]..MARCH 2000. beforeme, ?T~TF i'~HD?TI. JK-NDTARY PUBLIC.--- , personally appeared NAXTNE ERLUND.HT~F F.PHTII TP¢; ..................... , Name(s) of [] personally known to me - OR -Aproved to me on the basis of satisfactory evidence to be the person(s) * \ whose name(s)~are subscribed to the within instrument and acknowledged to me that ~:/'-hc.,'they executed the same iniak~,~vlheir authorized sapacity(ies), and that by %l~l~r/their signature(s) on the instrument the person(s), ~ ~R~ ~Z~r~-~,~.~'i' or the entity upon behalf of which the person(s) acted, ~--' ~mm. ~-ag~al%~ executed the instrument. Though ~be information below is not required by law, it'il~ve v~ueSle to persons relying no ~be decument and could prevent fraudulent removal and reattachment~¥ this form to anotber document. Description of Attached Document Title orTypeofDocument: QUITCLA[IVt DEED AND AUTHORIZATION FOR UNDERGROUND ~/ATER RIGHT'S. Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(les) Claimed by Signer(s) Signer's Name: Signer's Name: o lndividual [] IndNidual orporate Officer [] Corporate Officer Title(s): T~e(s): [] Partner-- [] Umited [] General [3 Partner-- [] Umited [] General ~ Attorney-in-Fact [] Attomey-in-Fact [] Trustee [] Trustee [] Guardian or Conservator ~ [] Guardian or Conservator [] Other:. Top o~ thumb here [] Other: Top ol thumb here Signer Is Representing: Signer Is Representing: EXHIBIT A (DEDICATION OF UNOERC~ROUNO WATER RIGHTS) All of that certein property situate in the City of Cupertino, Santa Ciera County, California described as follows: Lot 10 of Block 1 as shown on the Map for Tract number 9cJ1 as recorded in Book 36 of Maps at page 53 Santa Clara County records. Conteining 11,867 square feet more or less. \docs~erlund-h2o.doc ,=25..~ LEBANON DRIVE R=50. O0 R=50.O0 =30'45'02" ~ ~- SCALE: 1" 20' o LOT 10 OF BLOCK 1 OF TRACT 991 . BOOK ,36 OF MAPS PAGE 53 \ I \ , \ \ I · _.5 '- '-127.94' PLAT TO ACCOMPANY EXHIBIT A FOR THE DEDICATION OF UNDERGROUND WATER RIGHTS EXHIBIT B ~/~-~ '-- RESOLUTION NO. 00-114 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO ACCEPTING QUITCLAIM DEED AND AUTHOI~ITATION FOR UNDERGROUND WATER RIGHTS KAMRAN SARMADI AND MOSALLIE MARYANM, 22751 MERCEDES ROAD, APN 342-44-010 WHEREAS, Kamran Sarmadi and Mosallie Maryanm have executed a "Quitclaim Deed and Authorization", which is in good and sufficient form, quitclaiming all (his) their fights in and authorizing the City of Cupertino, County of Santa Clara, State of California, to extract water from the underground basin, underlying that certa/n real property situate in the City of Cupe~ino, more particularly described as follows: All that certain real property situate in the City of Cupertino, County of Santa Clara, State of California, as shown and delineated on the attached Exhibits "A" and "B". NOW, THEREFORE, BE 1T RESOLVED, that the City of Cupertino accept said "Quitclaim Deed and Authorization" so tendered; and IT IS FURTHER RESOLVED that tho City Clerk is hereby authorized to record said "Quitclaim Deed and Authorization" and this resolution. PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this 17~ day of April, 2000, by the following vote: Vote Members o__fthe City Council AYES: NOES: ABSENT: ABSTAIN: ATTEST: APPROVED: City Clerk Mayor, City of Cupertino QUITCLAIM DEED AND AUTHORIZATION FOR UNDERGROUND WATER RIGHTS APN 342..44-010 22751 Mereedes Road Kamran Sarmadi and Mnryanm Mosallie, hereinn_fi~ referred to as the "GRANTOR', this ~OOO day of i: -t-999__, hereby grant, bargain, assign, convey, remise, release and forever quitclaim unto the CITY OF CUPERTINO, a municipal corporation, hereinafter referred to as the "(3RAN'I~E", its successors and assigns, all the right, title, interest, estate, claim and demand, both at law and in equity, and as well in possession as in expectancy of thc GRANTOR as owner of that certain real property situate in the County of Santa Clara, State of California, and specifically described as follows: SEB ATTACHED BXHIBIT "A' & "B' to pump, take or otherwise extract water from the underground basin or any underground strata in the Santa Clara Valley for beneficial use upon the lands overlying said underground basin, and GRANTOR hereby irrevocably authorized GRANTEE, its successors and assigns, on behalf of the GRANTOR and its successors in ownership or overlying 'lands in the said lots to take from said underground basin within the said lots any and ail water which the owner or owners of said overlying lands may be entitled to take for beneficial use on said lands and to supply such wa~,-r to such owner or owners or others as a public utility; pwvided, however, thnt nothing contnlned in this instrument shall be deemed to authorize GRANTEE to anter upon any of the lots delineated upon the above described map or to authorize GRANTEE to make any withdrawal of water which will result in damage to any building or structure m~cted upon said lots. This assignment, conveyance and authorization is made for the benefit of lots within the above described plat and description and shall bind the owner of said lots within said plat and description. IN WITNESS WHEREOF, ORANTOR hn, executed this insmunant'the day and year lb-st above written. Comm. t 1099718 Kamra.n Sarmadi ~ NOTARY PUBLIC.CALIFORNIA ~ Los Angeb; Colmty ~ Ms. In Mosallie (Acknowledgment and Notarial Seal Attached) EXHIBIT A LEGAL DESCRIPTION FOR QUIT CLAIM OF WATER RIGHTS All that certain real property situate in the City of Cuper~na, County of Santa Clara, State of California described as follows: Beginning at the northwesterly comer of Section 220 as shown on that certain Record 0f Survey filed for record in Book 713 of maps aI page 43, Santa Clara County Reeords; th~e along the norfl~erly line of said Section 220 5.89°46,'00'E. 100.65 feet; thence l~aving said northerly line $.06°32'14"W. 80.01 feet; thence S.04°36'54"E. 29.56 feet te the northerly line of Section 202, as shown on said Map; thence along last said no~erly line N.89040'00"W. 35.83 feet; thence leaving sai~. northerly line S.01°! 1 '09"W. 94.14 feet to the northerly line of Mercedcs Road as ,, shown on said Map; thence along said northerly line of Mercades Road '~,, N.83°24'35"W. 25.11 feet; thence leaving said northerly line of Mercedes Road N.01 o I ! '09"E. 102.07 feet; thence N.87°31 '05"W. 33.34 feet to the westerly line of said Scction 220; thence along said westerly line NORTH 97.09 feet to thc POINT OF BEGINNING. Said pm~el ofland containing 10,000 squsm feet (net). ~ Under Direetion oP. Kenneth Nelson R.C.I~. No. 22023 Expires 9/30/2001 ~ L~' $ 83'"24' 55"E :>5.11 ' ~.~~ .~ I L3 S Ol'l I' 09"W 5.02' ~ ~'""'~ S 89~40~ O0'' 100.6 22o PARCEL A , . =1'" o 20'5 " -.~:~ ~_~ .s?°3~'os"w~;1~' SCA~: I" = 30' ~5~ ~ 60.83' ~.oo ~3s.e~ 200 ~ ~- 202 N 8302~ ~"W , L2 ~RE~DEDICA~ON - HIBIT B PREPARED UNDER DIRECTION OF: EXHIBIT 'a' N.C.~.S. & ~SSOC. P~T TO ACCOBPANY lib-s ALL.PURPOSE ACKNOWLEDGMENT i~ sub~ to ~c wi~in instant and the same in his/heF/thcir authorized capacity(its), an~ that by his/heF/their ~ ~ ......... si~a~(s) on ~c ms.merit ~e p~on(s), .~ ANAHID S{~0NIAM ~ or the entity upon behalf of which thc ~~ Comm.{;0997~8 ~ · W~SS my h~d ~d offict~ s~. ~e ~mfim ~1~ ~ m ~ by law. H~ev~, it ~ld ~t fr~dul~t a~nt of ~s a~I- ~AC~ C~ ~ SIG~R (PR~) DESC~ON OF A~AC~D DO~ ~ PAg~(S) ~ ~US't~S) NUMnER--~ OF PAG~ · ~ GU~D~NS~VA~R SIGNER ~ REPR~RNTING: City Hall 10300 Torte Avenue Cupertino, CA 95014-3255 -- (40S) 777-3354 CITY 0F FAX (408) 777-3333 CUPEILTINO PUBLIC WORKS DEPARTMENT Snmmary AGENDA ITEM /~,~ AGENDA DATE April 17, 2000 SUBJECT A_ND ISSUE Request for Authorization to Execute Agreement Between DKS Associates and The City of Cupertino for the Dc Anza Boulevard, Stevens Creek Boulevard end Wolfe Road Arterial Menagement Project BACKGROUND The City applied for and received funding for the design and implementation of a ~enerafion 1.5 traffic responsive system. The traffic responsive system will collect field data, including volumes and lene occupancy. The data will then be analyzed and, if necessary, the signal timings along the arterial will be updated. The system will be fully integrated with the City's existing traffic management hardware and software. DKS Associntes has teemed with NAZTEC, Inc. to design and implement the system in accordance with the funding guidelines and their proposal dated March 27, 2000. The DKS team was selected because of their unique and specialized expertise with the City's existing system. Funding The Project is funded for $140,000 by Transportation Fund for Clean Air (TFCA), ~lmi~stered by the Bay Area Air Quality Management District; $140,000 in TFCA funds ndmi~istered by the Santa Clara Valley Transportation Authority; and $60,000 in local funds. The agreement amount with DKS Associates is $285,000. STAFF RECOMMENDATION ~___~.~ Approved for submission: - Donald D. Brown ~'u~ctor o .',~ublic Works City M~er P6ntecl on R~ P~per RESOLUTION NO. 00-115 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO AUTHORIZING EXECUTION OF AGREEMENT BETWEEN DKS ASSOCIATES AND THE CITY OF CUPERTINO FOR THE DE ANZA BOULEVARD, STEVENS CREEK BOULEVARD AND WOLFE ROAD ARTERIAL MANAGEMENT PROJBCT WHBREAS, there has been presented to tho City Council a proposed a~reement betwee~ the DKS Associates and the City of Cupertino to design and implement Generation 1.5 Traffic Responsive System on De Anza Boulevard, Stevens Creek Boulevard, and Wolfe Road; and WHEREAS, the provisions, terms, and conditions of said agreement have been reviewed and approved by the Director of Public Works and the City Attorney. NOW, THEREFORE, BE IT RESOLVED, that the City Council ofthe City of Cupertino hereby appwves the agreement and authorizes the Mayor and the City Clerk to execute said agreement on behalf of the City of Cupertino. PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this l?~ day of April, 2000, by the following vote: Vote Members of the City Council AYES: NOES: ABSENT: ABSTAIN: ATTEST: APPROVED: City Clerk Mayor, City of Cupertino ACCOUNT NO. 420-9528 PURCHASE ORDER NO. AGREEMENT THIS CONSULTANT AGREEMENT, made and entered into this day of 2000, by and between the CITY OF CUPERTINO, a municipal corporation of California, hereinaf~ referred to ns "CITY", and DKS Associates, a consulting firm with offices at 1956 Webster Street, Suite 300, Oakland, California 94612-2931, hereinafter referred to ns "CONSULTANT"; WITNESSETH: WHEREAS, CITY desires to retain traffic engineering services in conjunction with Interstate Route 280 at Wolfe Road Interchange Traffic Safety Improvement Project; and WHEREAS, CITY desires to engage CONSULTANT to provide these services by reason of its qualifications and experience for performing such services, and CONSULTANT has offered to provide the required services on the terms and in the manner set forth herein; NOW, THEREFORE, in consideration of their mutual covenants, the parties herein agree as follows: -- 1. DEFINITIONS. (a) ' The word "City" as used in this agreement shall mean and include all the territory lying within the municipal boundaries of the City of Cupertino, California, ns presently existing, plus all territory which may be added the~to during the term of this agreement by annexation or otherwise. Co) The term "City Manager" shall mean the duly appointed City Manager of the City of Cupertino, California, or his/her designated represantative. (c) The term "City Attorney' shall mean the duly appointed City Attorney of the City of Cupertino, California, or his/her designated t~F, es~nlative. (d) The term "City Clerk" shall mean the duly appointed City Clerk of the City of Cupertino, California, or his/her designated representative. (e) The term "FHWA" shall mean the Federal Highway AdlniniMl'~tiOiL (f) The term "St,t_," shall mean the State of California Depamnent of Transportation. 1 2. CONSULTANT CONTRACT ADMINISTRATION. (a) City. The City Manager shall be representative of CITY for all purposes under this agreement. RAYMOND CHONG is hereby designated as the CONTRACT ADMINISTRATOR for the City Manager and shall supervise the prol~ress and execution of this agreement. Co) Consultant. CONSULTANT shall assign a PROJECT MANAGER to have overall responsibility for the progress and execution of this alpeement for CONSULTANT. Kevin Aguigui is hereby designated as the PROJECT MANAGER. Should circumstances or conditions subsequent to the execution of this consultant agreement require a substitute PROJECT MANAGER for any reason, the PROJECT MANAGER designee shall be subject to the prior written acceptance and approval oftbe CONTRACT ADMINISTRATOR. 3. DESCRIPTION OF WORK. (a) Services to be Fumisbed. CONSULTANT shall provide all specified services as set forth in the following documents: (1) CITY's "Request for Proposal (RFP) for Traffic Engineering Services for tbe Int=,smte Route 280 at Wolfe Road Interchange Traffic Safety Improvement Project, dated August 6, 2000, attached by reference as Exhibit A. (2) CONSULTANT's "Proposal to Provide Traffic Engineering Services for the Interstate Route 280 at Wolfe Road Interchange Traffic Safety Improvement Project, dated August 17, 2000, attached by reference as Exhibit B. (3) CONSULTANT's "Work Plan", dated March 17, 2000, attached as Exhibit C. Co) Laws to be Observed. CONSULTANT shall: (1) Procure all permits and licenses, pay all charges and fees, and i~ive all notices which may be necessary and incident to the due and lawful prosecution of the services to be performed by CONSULTANT under ~his agreement. (2) Keep itself fully informed of all existing and future federal, state, and local laws, ordinances, regulations, orders, and decrees which may affect those engaged or employed under this agreement~ any materials used in CONSULTANT's performance urlder this al~reement, or the conduct of the services under this agreement. (3) At all times, exercise due pro~ssional care to observe and comply with, and cause all of its subconsulmnta and employees, if any, to observe and comply with all of said laws, ordinances, regulations, orders, and decrees mentioned above; (4) Immediately repor~ to the CONTRACT AD1VIITqISTRATOR in writing any discrepancy or inconsistency it discovers in said laws, ordinAnCOs, re[~ulations, ordo~, and decrees mentioned above in relation to any plans, drawings, specifications, or provisions of this a~'eement. 2 (c) Release to Reports and Information. Any reports, information, data, or 0 her material given to, or prepared or assembled by CONSULTANT or its subconsultants, if any, under this agreement shall be the property of CITY and shall not be mlute available to any individual or .... organization by CONSULTANT or its subconsultants, if any, under this agreement without the prior written approval of the City Manager. (d) Qualifications of CONSULTANT. CONSULTANT represents that it is qualified to furnish the services described under this agm~mment. 4. TIlV~ OF BEGINNING AND COMPLETION. CONSULTANT shall begin work after letter of notificatiun has been sent to the CONSULTANT from the CITY. Work will be completed by December 31, 2001. 5. PAYMENTS. The basis of payment for the services provided by the CONSULTANT under this agreement shall be computed ns cost plus fee rates. (a) The CITY shall reimbursc the CONSULTANT on atime and expanses basis for actual cost plus fixed fee (includinl~ labor costs, employee benefits, overhead, profit, and other direct costs plus fixed fee) incun'ed by the CONSULTANT in performnnce of the work, in an amount not to exceed $105,978.30 plus a fixed fee amount of $7,367.85. Actual costs shall not exceed the estimated wage rates and other costs set forth in the CONSULTANT's cost proposal. Co) The CONSULTANT shall be reimbursed for actual travel expenses incun'ed in the performance of thls work, inclualn~ the use of private cars at the rate of 35 cents per mile, while traveling away from CONSULTANT's headquarters which is hereby designated as Oakland. In addition, CONSULTANT's personnel shsll be reimbursed for per diem expenses at a rate not to exceed that currently authorized for State employees under State Department of Personoel admiul~h=~ion rules. (¢) Total expenditu~s made under this alp'eement sh.l! not exceed the sum of $113,346.15. The CONSULTANT's cost proposal is stated in the followin~ documents: (1) Consultant's "Cost Proposal", dated Mn~h 17, 2000, attached as Exhibit D. 6. RECORDS RETENTION. The CONSULTANT's records ~hnl! be retained for inspeet/on by the State, FHWA, or their duly authorized representatives for three yeats after final payment to the CONSULTANT. 3 7. COST PRINCIPLES. The Federal Acquisition Regulations in Title 48, Code of Federal Regulations (CFR) 31 are the governing factors regnnling allowable elements of cost. (n) Covenent Against Contingent Fees. The CONSULTANT wnrmnts that he/she has not employed or retained any company or person, other than a bonn fide employee working for the CONSULTANT to solicit or secure this ngt~ment, nnd thnt he/she l~s not paid or ngreed to pay any company or person, other thnn n bona employee, eny fee, commission, percentage, brokernge fee, gift, or eny other consideration contingent upon or resulting from the award or formntion of this agreement. For brench or violation of this wnmmty, the CITY shall hnve the right to mmul this agreement without liability, or at its discretion to deduct from the agreement price or consideration, or otherwise recover, the full amount of such fee, commission, percentnge, brokerage fee, gif~ or contingent fee. 8. DESIGN STANDARDS. The CONSULTANT shall provide se~ees that conform with the appropriate standards for design or other standards for work performance as stipulated as follows: (l) Caltrens' Highway Design Manual (2) Caluens' Trn..~c Mennal (3) National Transportation Communications for ITS Pwtocol (4) National Intelligent Transportation Systems Architecture 9. DOCUMENTS. The CONSULTANT shall document the results of the work to the satisfaction of the CITY and, if applicable, the State and FHWA. This may include preparation of progress and final reports, plans, specifications and estimates, or similar evidence of attainment of the agreement objectives. (a) Ownership of Docoments. The tracings, plans, specifications, and maps prepared as insmnnents of professional services or obtained under the terms of the agreement be delivered to and become the property of the CITY, end that basic survey notes end sketches, c, lun~, computations, and other data prepared or obtained under such alRecmant shall be made available, upon request, to the CITY without reslricfion or limitation on their use. The CONSULTANT shall not be responsible for CITY's modification to its insmanents of professional services or for their re-use on other projects. 10. CHANGES IN WORK. All changes end/or ex'Ua work shnll be performed end paid for in accordance with the following: (a) Only the City Engineer or City Council may authorize extra end/or changed work. CONSULTANT expressly reco_~nlzes that other City personnel are without authorization to either order extra and/or changed work or waive conUact requirements. Failure of CONSULTANT to secure the Council's or City Engineer's prior written authorization for such extra end/or changed work shall constitute a waiver of any and all right to adjuslmant in contract price due to such unauthorized 4 ~ work and CONSULTANT thereafter shall be entitled to no compensation whatsoever for performance of such work. - (b) If the CONSULTANT is of the opinion that any work he has been directed to perform is beyond the scope ofth~_'s agreement and constitutes extra work, he shall promptly notify the CITY of the fact. The CITY shall make a determinagon as to whether or not such work is, in fact, beyond the scope of this Agreement and constitutes extra work. In the event that the CITY determines that such work does constitute exlra work, it shall provide extra compensation to the CONSULTANT on a fair and equitable basis. A supplemental ag~ement providing for such compensation for ex-ira work shall be negotiated between the CITY and the CONSULTANT. Such supplemental agreement shall be executed by the CONSULTANT and be approved by the necessary CITY officials. (c) In the event CITY determines that such work does not constitute ex-ira work, CONSULTANT shall not be paid extra compensation above that provided herein and if such determination is made by CITY staff, said determination may be appealed to the City Council as long as a written appeal is submitted to the City Manager within five (5) days after the staff's determination is received by the CONSULTANT. Said written appeal shall include a description of each and every ground upon which CONSULTANT challenges the staff's determination. 11. DELAYS AND EXTENSIONS. The CITY shall consider an appropriate extension of time in case of unavoidable delays and for consideration of corresponding ~ted adju~lmants in payment. In the event that the services called for under this agreement are not completed within the time specified above, the City Manager shall have the option to extend the time for completion. This paragraph does not preclude the recovery of damages for delay by either party. Neither party shall be responsible for delays from causes beyond its reasonable control. 12. TERMINATION OR ABANDONMENT. (a) Right to Suspend or Terminate. Either party may snspend or terminate this agreement for any reason by giving thirty (30) days' written notice. Upon receipt of such notice CONSULTANT shall immediately discontinue his performance under this agreement. The City Manager shall have the authority to suspend this agreement, wholly or in pan, for such period as he deems necessary due to unfavorable conditions or to the failure on the pa~ of the CONSULTANT to perform any provision of this agreement. (b) Payment. Upon such suspension or termination, CONSULTANT shall be paid for all services actually renderexl to CITY to the date of such suspe~ion or tenninim'on; provided, however, if this agreement is suspended or ter~insted for fault of CONSULTANT, CITY shall be obligated to compensate CONSULTANT only for thst portion of CONSULTANT services which are of henefit to CITY. (c) Return of Materiais. Upon sueh snsponsion or t~,...ination, CONSULTANT shall turn over to the City Manager immediately any and all copies of studies, sketches, drawings, - computations, and other data, whether or not completed, prepared by CONSULTANT or its subconsultants, if any, or given to CONSULTANT or its subconsultents, if any, in connection with this agreement. Such materials shall become the permanent property of CITY. CONSULTANT, however, shall not be liable for CITY's use of incomplete materials or for CITY's use of complete documents if used for other than the project contempl'ated by this agreement. 13. REMEDIES Upon a breach or default of any of the terms or obligations of this Agreement by CONSULTANT, the CITY shall be entitled to exercise all rights and ~rncdies hereby reserved under this agreement or made available under applicable laws. 14. RESPONSIBILITY FOR CLAIMS AND LIABILITY (INDEMNIFICATION). CONSULTANT hereby agrees to indemnify and save harmless CITY, its officers, agents, and employees of and from: (a) Any and all damages to or destruction of the property of CITY, its officers, agents, or employees occupied or used by or in the care, custody, or control of CONSULTANT caused by any negligent act, error, or omission of CONSULTANT or any subconsultant under this agreement or of CONSULTANT's or any subconsultant's employees or agents. (b) Any and all ¢lAim.~ and demands which may be made agAin.~ CITY, its ofi3¢ers, agents, or employees by reason of any injury to or death of or damage suffered or sustained by any employee or agent of CONSULTANT or any subconsultant under L~is agreement, to the extent caused by any negligent act, error or omission of CONSULTANT, excepling, however, any such ¢lain~ and demands which are thc result of the negligence or willful misconduct of CITY, ils officers, agents, or employees. (¢) Any and all l~'nalti~s imposed or damages sought on account of the violation of any law or regulation or of any term or condition of any permit by CONSULTANT, to th~ extent caused by any negligent act, error or omission of CONSULTANT. (d) The CONSULTANT is not responsible for the accuracy of data from any other sources or from conclusions reached as a result of utilizing information supplied by third per~ons. (e) The CITY agrees to provide legal dofen~ to challenges of tho adequacy and completeness of the services provided. The CONSULTANT shall assist the CITY in resl~onding to such challenges. If it is subsequently ruled by a court of jurisdiction that errors of facts, procedures, or scope have occmTed and that these errors and/or omission~ we~ the result of the CONSULTANT's own negligent professional servi~s, then the CONSULTANT shall be rosl~onsible for providing whatever remedies may be required to mako the analysis acl~luate and ¢omplc. te. 15. GENERAL COMPLIANCE WITH LAWS AND WA~3E RATES. The CONSULTANT ahall comply with all Fedea'al, State, and loc, al laws and ordimmc~s applicable to the work. This in~lud~ compliance with la,vailing wage rat~s and their I~aym~nt in accordance with California Labor Coclo, Se~ion 17?$. 6 (a) Subconsultants, Assignment and Transfer. Under this agreement, participating Federal funds arc furnished. Thc subcontracting, assiEnment or trsn~t'er of any of the work, except as otherwise provided for in the executed agreement, is prohibited. All contracts shall provide that - subcontracts exceeding $25,000 in cost shall contain all required provisions of the prime contract. (1) Assi~,nent. Both parties shall give their personal attention to the falthfid performance of this agreement and shall not assign, irausfer, convey, or otherwise dispose of this agrecment or any right, rifle, or interest in or to the same or any part thereof without the prior written consent of the other party, and then only subject to such terms and conditions as the other party may require. A consent to one assignment shall not be deemed to be a consent to any subsequent assignment. Any assignment without such approval shall be void, and, at the option of the other party, shall terminate this agreement and any license or privilege ~ranted herein. This allreement and any interest herein shall not be assignable by operation of law without the prior vaitten consent of the other party. (2) ' Subconsuitants; Employees. CONSULTANT shall be responsible for employing or engaging all persons necessary to perform the services of CONSULTANT hereunder. No subconsullant of CONSULTANT will be recognized by CITY as such; rather, all subconsultants are deemed to be employees of CONSULTANT, and it agrees to be responsible for their perfonnauce. CONSULTANT shall give its personal attention to the fulfillment of the provisions of this agreement by all of its employees and subconsultants, if any, and shall keep the work under ils conlrol. If any employee or subconsuitant of CONSULTANT fails or refuses to carry out the provisions of this agreement or appears to be incompetent or to act in a disorderly or improper manner, he shall be discharged immediately from the work under this agreement on demand of the CONTRACT -. ADMINISTRATOR. (b) Consultant's Endorsement on Plsns~ Spedfications, & Estimates/Other Data. The responsible CONSULTANT/engineer shall sign all plans, specifications, estimates, and engineering data furnished by him/her and where appropriate, indicate his/her registration number. (¢) Disadvantaged Business Enter~se Considerations. CONSULTANT has given consideration to DBE rums as specified in 23 CFR 172.$(e) and has met requirements in the provisions of Title 49, Part 23, Code of Federal Regulations (49 CFR23) and the City of Cupertino's adopted DB£ pro/ram. Evidence must be presented of"good faith" effo~ when applicable. The pwvisions of Title 49, Pm 23, Code of Federal Regulations (49 CFR 23) and the CITY's adopted DBE Program require that Di,.sdventaged Business Enterprises (DBEs) have the opportunity to participate in federally-funded, transportation projects. The agency has established a goal of DBE participation in this consultant contract. In order to meet these requirements, the following criteria have been established: 1. Parri¢ipafiun by Calmms' certified DBEs as a prime enmultant or sub-c, onsultams in this contract, or 2. A good faith effort by the prime consultant in frying to seoure participation by DBEs prior to award of this contract. Docmnentarion of a good faith effort is to be submitted in writing and consists of the following: 7 a) A list of Caltrans' certified DBEs solicited. b) Description of efforts to use the services of available minority community organizations; minority contracting groups; women contractor groups; and local, State, and Federal minority business assistance centers in the rccruiunent and placement of DBEs including name of contact, date of contact, and information they provided. c) Identification of the portions of the work to be performed by DBEs, including type of work and dollar value. -. ,.. d) Documentation of good faith negotiations between subcontractors and interested' DBEs, including names and dollar value of ail bids. 16. INSPECTION. CONSULTANT shall furnish CITY with every reasonable opportunity for CITY to ascertain that the services of CONSULTANT are being performed in accordance with the requirements and intentions of this agreement. All work done and ail materials furnished, if any, shall be subject to the CONTRACT ADlVfflXrlSTRATOR's inspection and approval. The inspection of such work shall not relieve CONSULTANT of any of its obligations to fulfill its agreement as prescribed. 17. INDEPENDENT ~cIDGMENT. Failure of CITY to agree with CONSULTANT's independent findings, conclusions, or recommendations, if the same are called for under this agreement, on the basis of difference in matters ofjud.oment shall not be construed as a failure on the part of CONSULTANT to meet the requirements of this agreement. 18. NOTICES. All notices hereunder shall be given in writing and mailed, postage prepaid, by certified TO CITY: Raymond Chong Contract Adlninis~ator City of Cupertino 10300 Torte Avenue Cupertino, CA 95014 TO CONSULTANT: Kevin Aguigui Proj DKS Associates 1956 Webste~ Street, Suite 300 Oakland, CA 94612-2931 19. INTEREST OF CONSULTANT. CONSULTANT covenants that it presently has no interest, and shall not acquire any interest, direct or indirect, financial or otherwise, which would conflict in any numner or degree with the performance of the services hereunder. CONSULTANT further covenants that, in thc pcrformance of this a/reement, no subconsultant or person having such an interest shall bc employed. CONSULTANT certifies that no one who has or will have any financial interest under this agreement - is an officer or employee of CITY. It is expressly agreed that, in the performance of the services hereunder, CONSULTANT shall at all times be deemed an independent contractor and not an agent or employee of CITY. 20. CERTIFICATIONS The CITY and CONSULTANT shall certi~ that they have not required, directly or indirectly, as an express or implied condition in connection with obtaining or can'ying out this agreement: (a) Certification of Local Agency, attached as Exhibit E (b) Certification of Consultant, attached as Exhibit F. 21. INSURANCE. CONSULTANT, at its sole cost and expense, shall obtain and maintain in full force and effect throughout thc entire term of this agreement, thc insurance coverage of at least an "A" rating as determined in accordance with the Best's Guide Rating, and class VII in financial rating, insuring not only CONSULTANT, but also (with the exception of workers' compensation and employer's liability insurance), CITY, its officers, agents, and employees, and each of them with respect to activities and services performed by CONSULTANT for or on behalf of CITY under the provisions of this agreement. Certificates of such insurance, on the forms provided by CITY, .~h~t! be filed with CITY conc~tly with thc execution of this agreement attached as Exhibit O-1 to G-7. With the exception of professional liability insurance, said certificates shall be subject to the approval of the City Attorney and shall contain an endorsement stating that said insurance is primary coverage, and will not be canceled or altered by thc insurer except after filing with the City Clerk thirty (30) days written not/ce of such cancellation or alteration, and that the City of Cupertino is named as an additional insured. Current certificates of such insurance shall be kept on file at all times durin~ thc term of this a~rccment with the City Clerk. 22. WORKERS' COMPENSATION. CONSULTANT certifies that it is aware of the provisions of the Labor Code of the State of California which require every employer to be insured against liability for workers' compensation or to umiermke self-insunmce in accordance with the provisions of that Labor Code, and it certifias that it will comply with such provisions before commencin~ thc pcrfonnance of the work of this agreement. 23. AG~ BINDING. Thc terms, cove~umts, and conditions of this agreement ,h~l! apply to, and shall bind thc heirs, successors, executors, administrators, assi_ana and subconsultants of both parties. 9 24. WAIVERS. The waiver by either party of any breach or violation of any term, covenant, or condition of this a~reement or any provision, ordinance, or law shall not be deemed to be a waiver of any other term, covenant, condition, ordinance, or law of or any subsequent breach or violation of the same or of any other term, covenant, condition, ordinance, or law. The subsequent acceptance by either party of any fee or other money which may become due her~mder shall not be deemed to be a waiver of any precedin~ breach or violation by the other party of any term, covenant, or condition of this alp~emant or of any applicable law or ordinance. 25. COSTS AND ATTORNEY'S F£ES. The prevailing party in any action brought to enforce the t~.~s of this agreement or arising out of this agreement may recover ils reasonable costs and attorney's fees expended in connection with such an action f~om the other party. 26. NONDISCRIMINATION. No discrimination shall be made in the employment of persons under fltis a~reernent because of the race, color, national orisin, ancestry, reliizion, or sex of such person. If CONSULTA1NT is found in violation of the nondiserimlnstion provisions of the State of California Fair Employment Practices Act or similar provisions of federal law or executive order in the performance of this aipccment, it shall thereby be found in material breach of this asreement. Thereupon, CITY shall have the power to cancel or suspend this asreement, in whole or in pan, or to deduct from the amount payable to CONSULTANT the sum of Twenty-five Dollars ($25) for each person for each calendar day during which said person was discriminated against, as damages for said breach of contract, or both. Only a find'ms of the State of California Fair Employment Practices Commission or the equivalent federal asency or officer s~hsll constitote evidence of a violation of contract under this paralpaph. If CONSULTANT is found in violation of the nondisc 'nminafion provisions of this alp'cement orthe applicable affirmative action ipiidelinas pertain~ to this alp~cement, CONSULTANT shall be found in material breach ofthls afpmmtent. Theroupon, CITY shall have the power to cancel or suspend this aip~ement, in whole or in pan, or to deduct from the amount payable to CONSULTANT the sum of Two Hundred Fifty Dollars ($250) for es_ch calendar day durins which CONSULTANT is found to have been in such noncompliance as damages for said breach of contract, or both. 27. AGRE~ CONTAINS ALL UNDERSTANDINGS. This document represents the entire a~d intei~ated aip'cenl~lt between CITY and CONSULTANT and supersedes all prior ueSotiations, rcp,~'..,~tatlon, or agrcements, either written or oral. This document may be amended only by written instrument, sll~l~d by both CITY and CONSULTANT. All provisions of this aip~mnent are expressly made conditions. This agreement shall be governed by the laws of thc State of California. l0 IN WITNESS WHEREOF, CITY and CONSULTANT have executed this agreement - the day and year first written above. ,~TTEST: CITY OF CUPERTINO City Clerk Mayor APPROVED AS TO FORM: City Attorney DKS Associates Consultant Name 1956 Webster Si~eet, Suite 300 Address Oakland, CA 94612 City, State, ZIP (510) 763-2061 Telephone Social Security Number or Tax Identification Number 94-2583153 LIST OF EXHIBITS Exhibit Title A City's "Request for Pwpnsal--Traffi¢ Engince~ng Services for the "Interstate Route 280 at Wolfe Road Interchange Traffic Safety Improvement Project", dated August 6, 2000. B Consultant's "Proposal to Provide Traffic Engineering Services for the "Interstate Route 280 at Wolfe Road Interchange Traffic Safety Improvement Project", dated August 17, 2000. C Consultant's "Work Plan", dated March 17, 2000 D Consultant's "Cost Proposal", dated March 17, 2000 E Certification of Local Agency F Certification of Consultant (3-1 Insurance Agrecment G-2 Certificate of Insurance G-3 Endorsement of. Primnry Insurance G-4 Additional Insured Endorsement G-5 Comprehensive General Liability Commercial General Liability Endorsement of Aggregate Limits of Insurance per project G-6 Waiver of Subrogation Endorsement Worker's Compensation Insurance G-7 Notice of Policy Cancellation Endorsement 12 EXHIBIT "C" WORK PLAN Under the Traffic Engineering and Safety Evaluation task, we will fully evaluate the existing and projected traffic and safety issues and needs of the entire interchange. Under the Preliminary Engineering task, we will evaluate the immediate and long term needs of the interchange in terms of intersection and roadway configurations, alignment, bridge modifications, and traffic signal modifications to address the traffic and safety issues. The goal is to determine the long term interchange configuration to eliminate all safety impacts and to accommodate future traffic volumes. The following outlines the proposed work plan separated out by the specific elements of the project. We will conduct the project under the following tasks: 1. Project Management 2. Reconnaissance and Data Collection. 3. Interchange Evaluation and Preliminary Engineering. 4. Preparation of PS&E Documents. 5. Post Design Support and Construction Assistance. We will track the progress of the project through several means including monthly Progress Reports and Technical' Memorandums. The Technical Memorandums will be in the form of Working Papers. Our proposed schedule allows for Technical Memorandums to be prepared at - key stages in the project. We have also allowed adequate review time for the City and Caltrans during the pS,~.I~, preparation stage. Task 1: Project Management This task includes the following: ~' Attendance at kick off meeting ~' Attendance at monthly progress meetings ~' Preparation of meeting agenda and meeting minutes ~' Preparation of monthly progress reports, including work performed during the month, work planned for next month, and identification of any outatanding issues }~ Preparation of invoicea ~' Coordination of sub conaultants ~' Coordination with Caltrans }~ Preparation of contact list, including updates ~' Preparation of detailed project schedule, including updates Deliverables: ~ Meeting Agenda }~ Meeting Notes }~ Contact List ~' Project Schedule OKS Associates I March 17,2000[ ~/ ~" EXHIBIT "C" WORK PLAN ~ Monthly Progress Reports ~ Invoices Task 2.0: Reconnaissance and Data Collection Under this task, the DKS Team will conduct a field topographic survey, conduct traffic counts, conduct field observations, and gather pertinent materials for succeeding tasks. DKS will attend the kick-off meeting with the City and Caltrans to discuss overall goals and procedures for the project. Task 2.1: Field Reconnaissance, Data Collection, and Review We will identify important information which will be gathered such as: ~' Identify detailed traffic and safety issues ~' Identify objectives, needs, and concerns }~ Identify current problems and complaints to be addressed )~ Identify local traffic patterns and events that affect patterns }~ Review history of current signal operation ~' Obtain and review current interjurisdictional arrangements, if any )~ Identify and review planned roadway or intersection changes that may affect project (including those identified in RFP) )~ Identify and review other projects that need coordination or consideration ~' Identify design standards and preferences ~' Identify Caltrans policy and specific project requirements )~ Collect as-built drawings including for signal interconnect, Caltrans interchange Improvement Plans, and local improvement plans. ~' Collect current agency design standards and drawing formats ~' Collect utility record/es-buili information within the project limits P Collect current signal timings, traffic volumes, and accident date ~ Perform field review of the corridor ~ Observe traffic operations during peak and off-peak periods DKS has already conducted a preliminary field inventory of existing conditions of the interchange. At this early stage, we will finalize our detailed field inventory and inspection of the existing conditions. It is important to collect this information before preparing any detailed preliminary engineering design and budgeting work to ascertain the major constraints of the interchange. Signal timing and operations information will be collected for the study area traffic signals and ramp metering signals. Deliverable: Working paper summarizing information collected. Task 2.2: Traffic Counts VKS As~ociates ~ March 17, a~00 EXHIBIT "C" WORK PLAN This task includes the following: The DKS Team will collect 12-hour turning movement and 24-hour automatic "tube" counts. The turning movement counts will be collected at the two study area intersections, and the tube counts will be collected at two (2) locations. In addition, we will collect other pertinent data including ramp meter detector counts and meter rates during the peak periods when ramp metering is in effect. We will use these counts to determine the impact of freeway congestion on the interchange operations, in particular the impact to Wolfe Road. Tuning movement counts will be collected between 7 A.M. and 7 P.M. on either a Tuesday, Wednesday, or Thursday. The automatic "tube" counts will be collected from a Thursday thwugh a Sunday. The DKS team will work with the City to identify specific needs as well as identifying interchange and corr/dor needs for impwved traffic operations and safety. DKS will prepare a draft working paper summarizing find/ngs and present to the City and Caltrans. We will discuss comments and modify the working paper as needed. Deliverable: Working paper summarizing information collected and its implications for the project. Task 2.3: Topographic Survey Aerial and ground contwl surveys will be conducted. The topographic survey will be pedormed utilizing survey ground control and aerial mapping methods. The mapping limits will be as follows: ~' Between 100 meters west of Wolfe Road and 450 meters east along 1-280; ~ Between 250 meters south of 1-280 and 350 meters north of 1-280 to Pruneridge. ~ Mapping limits will be between 9 and 15 meters from the back of roadway. The ground control surveys will set the required controls for the aerial mapping. An allowance for the anticipated supplemental field surveys necessao] during the design phase has been included in this task. Deliverable: FieM Notes. Task 2.4: Base Map Preparation Base maps will be prepared for thc project from the topographic survey. These base maps will be supplemented with information in the city's files such as right-of-way plans and roadway construction plans, as well as from field measurements. The base map will be prepared in AutoCAD format. However, if deemed more appropriate, the base map.* can be prepared in Microstation format. EXHIBIT "C" WORK PLAN The base maps will be prepared at the metric scale of 1:250, corresponding to an approximate imperial scale of 1"=20'. The mapping will show all physical features with 0.25 meter contours within the entire limits of the mapping. Exist/nE right of way data and utility information will be shown on the base maps. Deliverable: Base maps of the project. Task 3.0: ln~rchange Evaluation and Preliminary Engineering One of the key goals of this task will be to evaluate and provide recommendations on alternative improvements to the interchange under near term and long term scenarios. The near term scenario would involve improvements that can be implemented using the available funds and oppo~unities afforded with other planned projects. The long term scenario would involve major improvements to the interchange to upgrade this facility to an ultimate configuration to accommodate projected traffic volumes and eliminate any safety issues. Task 3.1: Traffic Operations and Safety Analysis DKS will conduct a detailed traffic operations analysis of the interchange including intersection levels of service, queuing, average delay, merge, and diverge conditions. We will evaluate the specific operational needs and characteristics of each intersection as it relates to signal phasing, phase splits, phase sequences, etc. In addition, we will evaluate all potential intersection and roadway geometric modifications to improve the safety and levels of service, and to reduce accidents and delays for both automobiles and bicyclists alike. DKS will conduct a near and a long term operational needs analysis of the entire interchange to identify alternatives for the ultimate configuration. Some of the design considerations will include: ~' Accommodating the projected traffic volumes ~ Elimination of existing safety impacts )~ Tie in points along Wolfe Road ~' Freeway merge, diverge, and weave impacts ~ Ramp meter lane configurations ~' Ramp Meter/Traffic Signal Integration ~' Vehicular storage requirements ~, Bike lanes ~' Pedestrian circulation )* Traffic signal coordination The scenarios that will be evaluated include: I. ~xisting conditions 2. Existing plus Approved Project conditions, and; 3. Future Bulldout conditions DKS Associates 4 March 17, 2000 EXHIBIT "C" WORK PLAN We will conduct a level of service analysis of the weekday AM and PM peak hour~. If required for evaluation of an interchange improvement, DKS will evaluate a full interchange evaluation including merge, diverge and weave conditions. This type of evaluation will depend on the shorflist of alternatives to be evaluated. In addition, DKS will prepare a Corsim simulation model to demonstrate the potential effectiveness of each alternative improvement(s). In addition, it will be critical to identify at this stage the near term and long term improvements for the interchange, and factor in the available opportunities to share resources with current programmed construction activities in the area. DKS will prepare n report on the Traffic Operations and Safety Improvement Needs and Levels of Service analysis. We will prepare conceptual sketches of geometric and/or signal phasing improvement recommendations (near and long term), and present the findings to the City and/or Caltrans for review. We will revise the report based on comments received. This evaluation will not include preliminary cost estimates. Deliverables: ~> Traffic Operations and Safety Improvement Needs and Levels of Service report. )~ Concept Sketches.. Task 3.2: Preliminary Engineering This task will utilize the Traffic Operations and Safety Improvement Needs analysis prepared under Task 3.1, Traffic Operations and Safety Analysis. Tnsk 3.2.1:Preparation of Concept Designs We will .work very closely with the City and Caltrans to determine the most feasible types of improvements. We will utilize the previous studies conducted for the Ciiy, and conduct several brainstorming sessions between all agencies involved. Based on these, we will prepare up to three ($) conceptual alternative interchange configurations for both the near and long term scenarios. It is very likely that the near term solution(s) may involve only n single alternative with various design components. In all cases, we will attempt to maximize the opportunities to use any near term improvements under the long term configurations. We will evaluate improvements to the overcroesing including widening the bridge structure, removal of a sidewalk and/or raised median to accommodate additional travel lanes, widening the on-ramps, improvements to ramp meter operations, etc. It is our intent to prepare ali of the designs to meet or exceed Caltrans standsrds in ordor to avoid the need for design exceptions. If there will be any element that will need a design exception, they will be identified under this task. DKS A.~'ociates $ March ~ ?, 2000 EXHIBIT "C" WORK PLAN The Concept Design plans will be prepared in metric units using the base map information prepared under Task 2.4, Base Map Preparation. These concept plans will identify certain conceptual details of any roadway and intersection improvements including, but not limited to, roadway widening, bridge and structural modifications, curbs, landscaping areas, existing utilities, potential utility relocations, freeway widening limits, traffic signal, right of way lines, streetlights, pavement delineation, and conform points. The concept design configurations will .include enough preliminary engineering design details to prepare preliminary cost estimates of each alternative including all necessary structural and bridge elements, traffic and civil elements, and all pertinent contingencies. These concept plans will be submitted to the City and Caltrans for review. It will be necessary at this point to meet to discuss the concept plan and forge a working agreement with Caltrans that will form the basis for continuing work on the project. It is the goal of this task to identify a preferred alternative for at least the near term, and potentially the long term. Since it is envisioned that the long term would involve a more comprehensive evaluation in the form of a Project Study Report (PSR), the intent of this task is to set the foundation for such a PSR, or initiate sections of such a PSR in preparation for it. Deliverables: ~ Up to three Concept Design Configurations for alternative improvements. ~ Preliminary cost estimates (optional). Task 3.2.2: Funding and Grant Applications The DKS Team will prepare grant applications for up to three funding sources to be determined in consultation with the City and/or Caltrans. In addition, we will prepare an overall funding plan which would identify potential funding sources that should be considered and a preliminary strategy for attaining the funds. We will explore all levels of funding souwes including those at the federal, state and local levels. Deliverables: ~ Up to three grant applications. ~ Anoverallfundingplanidentifyingstrategiesforsecuringfund~. Task 4.0: Preparation ofPS&E Documenls DKS will prepare the detailed PS&E documents for the near term impwvements of this project. It will be important to begin this task only after there has been preliminary appwval by Caltrans and the City on the proposed improvements. In general, it is anticipated that the plan set will contain the following sheets. EXHIBIT "C" WORK PLAN 1. Title Sheet (1 sheet) 2. Construction Area Signing Details (1 sheet) 3. Standard Plan Listing (2 sheets) 4. Monument Plan (1 sheet) 5. Layout (2 to 3 sheets) 6. Utility Plan (! to 2 sheets) ?. Traffic Signal and Lighting Plan (4 to 6 sheets) 8. Pavement Delineation Plan (2 to 3 sheets) 9. Highway Lighting Plan (2 to 3 sheets) 10. Construction Details (! sheet) 11. Traffic Control Special Details, if needed (! to 2 sbects) TOTAL: !8 to 25 sheets The number of sheets will vary depending on the magnitude and types of improvements identified. The utility as-built information will be included only for those areas where widening and/or excavations will be made. As noted under Task 2.1, and as necessary to complete utility certifications, utility information will be collected for thc entire project area. The steps in plan development will follow the set of review stages at 60 percent, 90 percent and final PS&E documents. With each stage, the review comments from the previous stage will be -- itemized and a written response to each will be prepared. Thc original red pencil mark-up from the City and Caltrans will be returned with the succeeding submittal. The special provisions will be prepared using standard Caltrans special provisions and formats as may be modified by thc City and/or the individual agencies. Estimates of construction cost will be prepared using detailed sp~ad sheets. These sheets detail individual items material and labor costs. These estimates are made in a manner similar to how the bidding contractors will prepare their bids. The estimate will also be shown in the same format proposed for the actual bid documents. Task 4.1: Preparation of 60% PS&E Documents Once comments on the concept design(s) are .received, the 60% design drawings will be prepared. This set of plans will include more detailed design information on items such as cross sections, drainage features, flowlines, earthwork, grading, traffic signals, signing, pavement delineation, street lighting, landscaping, irrigation, bridge modifications, and right of way information. Other items to be prepared are as follows: ~' Address comments on the concept design; ~' Prepa~ the draft Special Provisions; ~' Prepare the Preliminary Construction Cost Estimate. The plans and specifications will be based on the latest Caltrans Standard Specifications and Standard Plans. DKS Associates 7 March 17, 2000 EXHIBIT "C" WORK PLAN An Encroachment Permit Application will be prepared and submitted to Caltrans and the City (if needed) at this stage. The appropriate number of copies of the 60% design plans will be submitted with the permit application to Caltrans. Coordination with the affected utility companies and any city utilities will be conducted. This will include notices to the utility agencies for underground locations and utility relocations as necessary. A utility certification will be prepared. Utility and Right of Way Certifications will be prepared in conjunction with the PS&E documents and will be conducted as part of the PEER process'as described in Task 3.3. Deliverable: Full size 60percent P$&E Documents to the City and Caltrans. Task 4.2: Preparation of 90% PS&E Documents Once comments on the 60% PS&E Document submittal are received, the 90% PS&E Documents will be prepared. The Special Provisions and Preliminary Cost Estimate will be revised per the comments received. All PS&E details and information will be complete and ready for city review. Deliverables: ~ Encroachment permit application. ~ Full size 90 percent P$&E Documents to the City and Caltrans. ~' Utility certification. ~ Right of way certification (for city's signature). Task 4.3: Preparation of Final PS&E Documents Once comments on the 90% PS&E Document submittal are received, the final design drawings will be prepared. In addition, the Special Provisions and Preliminary Cost Estimate will be revised per the comments received. All PS&E details and information will be complete and ready for city review. A full Mylar Plan Set will be prepared and submitted with the comments on the 90% PS&E Document submiual incorporated. This final submittal will include "photo-ready" Special Provisions, and Bid Sheets. At this stage it is anticipated that all necessary Encroachment Permit(s) will be fully executed. Deliverable: Full size, signed and sealed Final P$&E Documents to the City and Caltrans. Task 4.4: Right of Way Engineering (optional) DKS Associates 8 March 17, 2000 EXHIBIT "C" WORK PLAN This task is optional and will be perforracd if necessary for the project. All work is anticipated to occur with in the public (city or state) right of ways. Therefore, no additional right of way engineering, beyond research and plotting of the existing right of way as described in Task 2 is included. If it is determined that this task will be needed, DKS will prepare a cope of work and perform this task on a ~im¢ and materials basis. Deliverable: Appraisal, right of way maps and legal descriptions a~ needed. DK$ Associates g March EXHIBIT "C" WORK PLAN Task 5.0: Post Design Support and Construction Assistance DKS will provide the City of Cupertino with assistance during the post design and construction period. The service we will provide unde4- this task is broken into three tasks: Pre-Construction, Construction Administration, and Post Construction/Acceptance. Post Design Support and Construction Assistance will be provided once the final PS&E documents have been approved. The services to be provided under these tasks include, but is not limited to: Task S.I: Pre-Construction Assistance 1. Bidding Assistance -- Bid Addenda Preparation. 2. Pre bid meetings. 3. Comparison of Bids and Recommendations. 4. Stake Survey Control Linc and Bench Mark. Add to cost proposal. 5. Pre-Construction Meeting. Task S.2: Construction Administration DKS will also assist the City in the preparation of any Contract Change Orders (CCOs) if necessary. Depending on the magnitude of the CCOs, revisions to this Work Plan may be necessary. We will seek written authodz, ation from the City prior to commencing with preparing CCOs if deemed applicable. 1. Field Visits/inspection/Construction Meetings. 2. Review Submittals and respond to RFI~. 3. Assistance with Change Orders. 4. Field Meetings. 5. Assistance with Signal Tum-Onfrimings. Task S.3: Post Construction/Acceptance During the Post Construction stage DKS will assist the City and/or Caltrans with the acceptance of the improvements. In addition, we will help the City p~pare "punch-lists" (a list of problems or uncompleted work for the contractor) to verify that the contractor has completed every aspect of construction. Once all the punch-list items have been completed, DKS will compile all the design changes that occur during construction into an "as-built" set of plans. Deliverable: Letters, memoranda, reports, ,,titienda, change orders, field visits and technical support for construction of the system, as.built plans, material and hardware binder. Task SA: Preparation and Implementation of Traffic Signal Timings DKS Assoclat~ 10 March 17, 2000 EXHIBIT "C" WORK PLAN DKS will develop new base signal parameters and coordinated signal timing plans as needed for traffic signal modifications or geometric improvements. The new timing plans will specify the cycle length, phase split, offset, phase sequence, and other parameters that the local system allows to be changed by timing plan. Timing plans presented for review will be office-fine-tuned, and not just raw output from optimization models. The new signal timing will be presented to the City and/or Caltrans for review and approval before implementation. New Signal Timings and Timing Plans will be developed for: 1. Weekday AM peak 2. Weekday PM peak 3. Weekday midday peak 4. Off-peak (several plans if needed) 5. Weekends (several plans if needed) 6. Unusual flow patterns at any time 7. Maximum one-way throughput for incident conditions We will assist the City in implementing the new signal timings for each traffic signal. This work - will include: }~ Enter the new signal timings into the signal system database. }~ Download timings and operate them out of the peak period. }~ Observe initial operation and fine tune signal settings. ~' Operate timings during the intended time period. ~' Observe new timings in the field and use system monitoring to record operation. ~' Make fine-tuning adjustments to timings including plan transitions. ~' Upload revised timings. ~ Perform simulation of the revised timings. ~ Compare simulated performance of the new and old timings. Deliverable: Findl implemented signal timings and simulation evaluation of implemented timing plans. EXHIBIT E -- CERTIFICATION OF LOCAL AGENCY I HEREBY CERTIFY that I am the Director of Public Works of the City of Cupertino, and that the consulting firm of DKS Associates or its representative has not been required (except as herein expressly stated), directly or indirectly, as an express or implied condition in connection with obtaining or carrying out this agreement to: (a) employ, retain, a~ree m employ or retain, any finn or person; or (b) pay or agree to pay, to any firm, person or organization, any fee, contribution, donation, or consideration of any kind. I acknowledge that this Certificate is to be made ava/hble to the California Department of TrAn~2oriation (Caltrans) in connection with this agreement involving participation of Federal-Aid Highway f~nds, and is subject to applicable State and Federal laws, both criminal and civil. - ate) 13 EXHIBIT F CERTIFICATION OF CONSULTANT I HEREBY CERTIFY that I am the President and duly authorized representative of the firm of DKS Associates, whose address is 1956 Webster SUeet, Suite 300, Oakland, CA 94612-2931, and that, except as hereby expressly stated, neither I nor the above fu'm that I represent have: (a) employed or retained for a commission, percentage, brokerage, contingent fee, or other consideration, any firm or person (other than a bona fide employee working solely for me or the above consultant) to solicit or secure this agreement; nor (b) agreed, as an express or implied condition for obtaining this contract, to employ or retain the services of any firm or person in connection with carrying out the agreement; nor (c) paid, or agreed to pay, to any finn, organization, or person (other than a bona fide employee working solely for me or the above consultant) any fee, contribution, donation, or consideration of any kind for, or in connection with, procming or can-ying out this agreement. I acknowledge that this Certificate is to be made available to the California Depa~h~ent of Transportation (Caltrans) in connection with this agreement involving participation of Federal-Aid Highway funds, and is subject to applicable State and Federal laws, both criminal and civil. (Signature) 14 "- INSURANCE FORMS INSTRUCTIONS FOR ITEMS 3, 4, S AND 6, THE FORMS PROVIDED BY THE CITY OF CUPERTINO MUST BE USED. FORMS OTHER THAN THESE WILL NOT BE ACCEPTED. ALL DOCUMENTS MUST BE ORIGINALS - SUBMIT IN TRIPLICATE 1. Insurance Agreement - Must be signed by Contractor. 2. Certificate of Insurance to the City of Cupertino - must be completed by the insurance agent or must provide a certificate on the company's form. They must contain the same information. 3. Endorsement of Primary Insurance - must be signed by the insurance agent for general liability end automobile liability only. 4. Additional insured endorsement - must be signed by the insurance agent for general liability sad automobile liability only. 5. Comprehensive general liability/commercial general liability endorsement of aggregate limits of insorance per project - must be signed by the insurance agent for general liability only. 6. Waiver of subrogation endorsement worker's compensation irmmmce - must be signed by the insurance agent for worker's compensation only. 7. Notice of policy cancellation endorsement - must be signed by the insurance agent or must be on the company's certificate of insurance form for ail insurances. CUPERTINO INSURANCE AGREEMENT A. Contractor is aware of the provisions of Section 3700 of the Labor Code, which requires every employer to be insured against liability for worker's compensation or undertake self- insurance in accordance with the provisions of that Code, end will comply with such provisions before commencing the performance of the work of this Contract. B. Contractor and ail subcontractors will carry worker's compensation insurance for the protection of its employees during the progress of the work. The insurer shall waive its rights of subrogation against the City, thc City's officers, agents end employees end shall issue en endorsement to the policy evidencing same. C. Contractor shall carry at ail times, on all operations hereunder, commercial or comprehensive general liability insurence, automobile liability insurance end builder's all risk insurance. All insurance coverage shall be in amounts requLred by the City and shall be evidenced by the issuance of a certificate in a form prescribed by the City end shall be underwritten by insurance compsnles satisfactory to the City for all operations, sub-contract work, contractual obligations, product or completed operations, all owned vehicles and non- owned vehicles. Said insurance coverage obtained by the Contractor, excepting worker's compensation coverage, shall, psme the City, its engineer, end each of its directors, officers, agents end employees, as determined by the City, as additional inenreds on said policies. Insurers must be licensed to do business in the State of Caiifomia. The Insurers must also have en "A" policyholcler's rating and a financiai rating of at least Class VII in accordence with the current Best's Guide Rating. D. Before Conlractor performs any work at, or prepares or delivers materiais to, the site of construction, ConUactor shall furnish certificates of insurance evidencing the foregoing insurance coverages and such certificates shall provide the nsme and policy number of each carrier and policy and that the insurance is in force end will not be canceled or modified without thirty (30) days written notice to the City. Contractor shail maintain all of the foregoing insurance coverages in force until the work under this ConUact is fully completed. The requirement for carrying the foregoing insurance shall not derogate from the provisions for indemnification of the City by Contractor under this Conlract end for the duration of the warranty period. Notwithstanding nor dlminlshln~ the obligations of Contractor with respect to the foregoing, Contractor shall maintsi,~ in foil force end effect during the life of this Coniract, the following insurance in amounts not less than the amounts specified and issued by a company admitted in California and having a Best's Cmide Rating of A, Class VII or better. Worker's Compensation Liability In accordance with the Worker's Compensation Act of the State of Caiifornia - $1,000,000 per Public Liability = either commercial general Combined single limit of $1.0 million per liability or comprehensive general liability; occurrence; $2.0 million in the aggregate. including provisions for contractual liability, personal injury, independent contractors and property damage coverages. Automobile Liability - comprehensive covering Combined single limit of $1.0 million per owned, non-owned and hired automobiles, ocour~nce. Consultants only: Errors nnd Omissions liability. $1.0 million per occun'ence. K~ ~ee, c,~ By: ,~'C.~-~ ~,~ (Contractor' s Name ) Dated: ~14,'e~ ~ I 20 Ob CERTIFICATE OF LIABILITY I'NSURANC .' _I 03/,29/00 THIS ~FICA~ ~ ~U~ A~ A ~ER OF INFOR~TION PUBUC WORKS ONLY AND CONF~ NO ~G~E UPON THE CER~FI~ ~m~n~/A~en. In~ Conco=d License No. 0545478 HOLDE~ ~tS CERTIR~TE DOES N~ AMEND, ALTER ~E C~GE A~O~ BY THE POLICIES BELOW. ~. o..o.s.8 AP~ 0 6 Concord ~ 94524-2029 p~ne= 925-798-3334 F~= 925-E71-9513 INSU~ AFFO~ING CO~GE ~d~L~y Zns Co of N. CO~ G~E~ ~B~ ~ O~U~E S 10 0 0 0 0 0 I~ ~ M~~) ~ SO00 ~ ~1 ~en bt~ ~&~Y s 1000000 ~HE~ ~ S 2000000 ~L~ ~ES PE~ ~' ~P~ ~ ~000000 A X ~ D33736939 05/01/99 05/01/00 - ~ ~H~ ~ 5000000 B ~ ~U. ~ ~S~ ~19545878 05/01/99 05/01/00 ~m ~ 5000000 C mP~ ~42724889 05/01/99 ' 05/01/00 L~H~ S 1000000 ~-~ ~ 1000000 ~ D~-~W~ ~ 1000000 D 9=ofeBsi~al BOC675855706 05/01/98 05/01/01 $1000000 Ll~lZity $2000000 ~9~101-Inters~a~e ~to 280 · Wolfe ~. In~e=~ Sa~l~ T--.~.~O~G~ P~ec~. Certi~l~a~e ~ldm=, ltl ~ec~l, o~fi=erl, ~0002. C~ ~ ~N ~~~,,~ ~NCm 14~N A~: h~ D. ~g ~y h11~ 10300 To~o A~uo A~ 2~ ff~7) ~ON /GENEIL4L F-,NDOI~EMENT COMMERCIAL GENERAL LIABILII~ COFERAGE PART In consideration of an additional premium of Include~i, it is hereby undcrs~od and agreed tha! thc following applies: ADDITIONAL I~SURED-OWNERS. LESSEES OR CONT~,CTORS - FORM B CG 20 i0 10 93 Check if applicable X City of Cuoertino, its directors, officers.onaincers, aaonts & emoiovees Re: A99x3101 - Interatnte Route 280 ~Wol~ P,d-lnte~..henge Traffic Safety Improvement Project WHO IS AN INSUP,.ED (Section II) is amended to include as an insured the RE: person or organization shown above, but only with respect to liability arising out of yoor ongoing operations performed for that insured. PRIMARY COVERAGE Check if applicable X With respect to claims erising out of the operations of the Named Insured. such insurance as is afforded by this policy is primary end is not additional to or contributing with any othor insurance ca~ied by or for the benefit of the above Insored(s). WAIVER OF SUBROGATION Check if applicable X It is understood and ag~ed th** the Company waives the fight of subrogation eguimt thc above Insured(s). but only as respects the job or premises described in the certificate attached ther-'to. CROSS LIABILITY CLAUSE Check if appliceble X The naming of mor~ than ou~. person, fn'm or coxporation as iasureds under this policy shall not. for that reason along, extinguish any fights of one insu~d against another, but this endorsement, ~d the nmning of multiple insur-'ds, shall not incrcese the toUd liability of the Company under' this policy. NOTICE OF CA.NC~LL&TION Check if applicable_X It is understood and a~reed that in the evout of canceliatiun of the policy fi~r *ny reasoa other then non-payment of premium. 30 days writ~n notice will be s~t to the certifice~ holder by nudl. In the event the policy is ceacaliad ~r nun-payment of premium, 10 days wriuan notice will be stat to the above. POLICYNO: D33736939 POLICT TEPJ, I: $/1D9 to $/1/00 I$$[IED TO: ~)KS Associates IN~UIL4NCE COMPANY: CIGNA Insurance Comoanv I$~E DA~: 1 !/12/99 COMMERCIAL AUTO BUSINESS AUTO COVERAGE 'FORM Various provisions in this policy restrict coverage. Read the entire policy carefully to determine rights, duties and what is and Is not covered. Throughout this policy the words "you" and "your" refer to the Named Insured shown in the Declarations. The words "we," 'us" and "our" refer to the Company providing this Insurance. Other words and phrases that appear In quotation marks have epaclal meaning. Refer to SECTION V-DEFINI- TIONS. SECTION I-COVERED AUTOS ITEM TWO of the Declarations shows the "autos" that 6 = OWNED "AUTOS" SUBJECT TO A COM- are covered 'autos" for each of your coverages. The PULSORY UNINSURED MOTORISTS LAW. following numerical symbols describe the "autos" Only those "autos" you own that because of that may be covered *autos." The symbols entered the law in the state where they ara licensed next to a coverage on the Declarations designate the or principally garaged are required to have only "autos" that are covered "autos." and cannot reject Uninsured Motorists Cov- A. DESCRIPTION OF COVERED AUTO DESIG- erage. This Includes those "autos" you ac- NATION SYMBOLS quire'ownership of after the policy begins SYMBOL DESCRIPTION provided they are subject to the .s~me state uninsured motorists requirement. I = ANY "AUTO." 7 = SPECIFICALLY DESCRIBED "AUTOS,' Only 2 = OWNED "AUTOS" ONLY. Only those those "autos" described In ITEM THREE of "autos" you own (end for IJablllty Coverage the Declarations for which a premium any "trailers" you don~ own while attached charge Is shown (and for Liability Coverage to power units you own). This Includes those any 'trailers" you don't own while attached 'autos" you acquire ownership of after the to any power unit described In ITEM pnlicy begins. THREE). 3 = OWNED PRIVATE PASSENGER "AUTOS" 8 = HIRED "AUTOS" ONLY. Only those "autos" .= ONLY. Only the private passenger "autos" you lease, hire, rant or borrow. This does not :~ you own. This Includes those private pas- Include any 'auto" you lease, hire, rant, or ..r-----, senger "autos' you acquire ownership of borrow from any of your employees or part- ~ after the policy begins, nors or members of their households. ~ 4 = OWNED "AUTOS" OTHER THAN PRIVATE 9 = NONOWNED 'AUTOS" ONLY. Only those ~ PASSENGER "AUTOS" ONLY. Only those "autos" you do not own, lease, hire, rant or ~ "autos" you own that ara not of the private borrow that ara used in connection with ~ passenger type (and for Liability Coverage your business. This Includes 'autos' owned __---. ~ any ~trallers" you don~ own while attached by your employees or partners or members to power units you own). This Includes those of their households but only while used In 'autos" not of the private passenger type your business or your personal affairs. you acquire ownership of after the policy B. OWNED AUTOS YOU ACQUIRE AFTER THE _.,~. begins. POLICY BEGINS ~ $ = OWNED "AUTOS" SUBJECT TO NO-FAULT. ~ Only those "autos' you own that ara requlr- 1. If symbols 1, 2, 3, 4, 5 or 6 ars entered next to ~ a coverage in ITEM TWO of the Declarations, =a=~ ed to have No-Fault benefits In the state then you have coverage for 'autos' that you where they ere Ilconsed or principally acquire of the type described for the remain- garaged. This Includes those 'autos' you acquire ownership of after the policy begins der of the policy period. provided they are required to have No-Fault 2. But, If symbol 7 Is entered next to a coverage benefits In the state where they ara licermed in ITEM TWO of the Declaratlone, an "auto" or prlnolpally garaged, you acquire will be a covered 'auto" for that coverage only E CA 00 01 12 93 Copyright, Insurance Services Office, Inc.,'1993 Page 1 of 11 COMMERCIAL AUTO --' a. We already cover all 'autos" that you own 2. "Mobile equipment" while being carried or for that coverage or It replaces an "auto" towed by a covered "auto." you previously owned that had that cover- 3. Any 'auto" you do not own while used with age; and the permission of lis owner as a temporary b. You tell us within 30 days after you ac- substituteforacovered "auto" you ownthat is quire It that you want us to cover It for that out of service because of Its: coverage, a. Breakdown; C. CERTAIN TRAILERS, MOBILE EQUIPMENT b. Repair, AND TEMPORARY SUBSTITUTE AUTOS c. Servicing; If Uablllty Coverage Is ;~rovlded by this Coverage Form, the following types of vehicles are also d. 'Loss'; or covered "autos" for Liabllliy Coverage: e. Destruction. 1. 'l'railers" wIth a load capacliy of 2,000 pounds or less designed primarily for travel on public roads. SECTION II- LIABILITY COVERAGE A. COVERAGE b. Anyone else while uelng wlth your permis- We wlll pay all sums an 'insured' legally must pay sion a covered 'auto" you own, hire or as damages because of 'bodily Injury" or Upro- borrow except: party damage" to which this Insurance applies, (1) The owner or anyone else from whom caused by an "accident' and resulting from the you hire or borrow a covered *auto." ownership, malntenanse or use of a covere~. This exception does not apply If the *auto." covered "auto' Is a "trailer" con- We will also pay all sums an Ulnsured' legally must nect~d to a covered 'auto" you own. .pay as a "covered pollution cost or expense" to (2) Your employes If the covered "auto" whk3h this Insurance applies, caused by an "acol- ie owned by that employee or a mem- dent" and resulting from the ownership, main- bar of his or her household. tenance or use of covered 'autos." However, we (3) Someone using a covered "auto" will only pay for the 'covered p,~llution cost or while he or she is working In a bual- expense' If there Is either 'bodily Injury" or ne~ of selling, servicing, repairing, 'propam/ damage' to which this Insurance. parking or storing "autos" unlesa that applies that is caused bythe same "acoldent.' business is yours. We have the fight and duty to defend any (4) Anyone other than your employees, 'insured' against a -'suit' asking for such dam- partners, a lessee or borrower or any ages or a "covered pollution cost or expense." of their employees, while moving However, wa have no duty to defend any property to or from a covered *auto.' 'Insured" against a "suit' sasklng damages for "bodily Injury" or 'property damage" or a (5) A partner of yours for a covered 'covered pollution coat or expense"to which this 'auto' owned by him or her or a Insurance does not apply. We may Investigate member of his or her household. and settle any claim or "suit' as we eoneldar c. Anyone liable for the conduct of an 'In- appropriate. Our duty to defend or settle ends sured' dasndbed above but only to the when the Uabllliy Coverage Emli of Insurance extent of that liability. has been exhausted by payment of judgements or 2. COVERAGE EXTENSIONS settlements. a. Supplementary Payments. In addition to 1. WHO IS AN INSURED the Emit of Ineuranca, we will pay for the ..-- The following are "lnsureds': "Insured': a. You for any covered "auto." (1) NI expenses we Incur. Page 2 of 11 Copyright, Insurance Sewlces Olfk~e, Inc., 1993, 1994 CA 00 01 12 COMMERCIAL AUTO (2) Up to $250 for cost of bail bonds 1. EXPECTED OR INTENDED INJURY (including bonds for related traffic law "Bodily Injury" or "property damage" expect- violations) required because of an ad or Intended from the standpoint of the "accident" we cover. We do not have "insured." to fun!ish these bonds. 2. CONTRACTUAL (3) The cost of bonds to release attach- manta In any *suE" we defend, but LlabllEy assumed under any contract or only for bond amounts within our agreement. LImE of Insurance. But this exclusion does not apply to liability (4) NI reasonable expenses Incurred by for damages: the "insured' at our request, Inciud- a. Assumed In a contract or agreement that lng actual loss of earning up to $100 a Is an *Insured .contract" provided the day because of time off from work. "bodily injury" or ~property damage" 0c- (5) All costs taxed against the "insured" cum subsequent to the execution of the In any "suE" we defend, contract or agreement; or (6) All Interest on the full amount of any b. That the "insured" would have In the Judgment that accrues after entry of esnce of the contract or agreement. the judgment In any "suE" we defend; 3. WORKERS' COMPENSATION but our duty to pay Interest ends Any obligation for which the "insured" or the when we have paid, offered to pay or 'insured's" Insurer may be held liable under deposited In court the part of the any workers' compensation, disability bane- Judgment that Is within our Limit of fits or unemployment compensation law or Insurance. any elmllar law. b. Out-ot-Stete Coverage Extensions. 4. EMPLOYEE INDEMNIFICATION AND EM- While e covered 'auto" Is away from the PLOYER'S LIABILITY state where It Is licensed wa will: 'Bodily Injury" to: (1) Increase the Limit of InSurance for a. An employee of the 'Insured" arlelng out LlabliEy Coverage to meet the limes of and In the course of employment by .~. specified by e compulsory or flnan- the "insured'; Dr .,.~., clel reeponelbllty law of the Jurisdlc. · ~" tion where the covered "auto" Is b. The spouse, child, parent, brother or ~ being used. This extension does not sister of that employee as a consequence ~ apply to the limit or limits specified by of paragraph a. above. ~ any law governing motor carriers of This exclusion applies: ~ passengers or property. (1) Whsther the 'Insured" may be liable as an ~ (2) Provide the minimum amounts and employer or In any other capoolty; and --~ types of other coverages, such es no. (2) To any obligation to share damages with ~ fault, required of out-of-state vehicles · --. or repay someone else who must pay --"-"' by the Jurisdiction where the covered damages because of the Injury. "auto' Is being used. But this axcluelon does not apply to 'bodily ~ We will not pay anyone more than once for Injury" to domestic employees not entitled to ~ the same elements of ices because of these workers' compensation benefits or to liability ~ extensions. '~ assumed by the "insured" under an "insured ~ B. EXCLUSIONS contract." This Insurance doss not applyto any ~f the follow- $. FELLOW EMPLOYEE lng: 'Bodily Injury" to any fellow employee of the "Insured" arlelng out of and In the course of the faaow employee's employment. 6. CARE, CUSTODY OR CONTROL CA 00 01 12 93 Copyright, Insurance Sewines Office, Inc., lgg3 Page 3 of 11 COMMERCIAL AUTO .... Property damage" to or "covered pollution (3) When that part of the work done at a job cost or expense" Involving property owned or site has been put to Its Intendecl use by transported by the "insured" or in the any person or organization other than "Insured's" care, custody or control. But this another contractor or subcontraCtor exclusion does not apply to liability assumed working on the same project, under a sidetrack agreement. Work that may need service, maintenance, 7. HANDLING OF PROPERTY correction, repair or replacement, but which 'Bodily Injury" or "property damage" result- is otherwise complete, will be treated as com- Ing from the handling of property:, pleted. a. Before It Is moved from the place where It 11. POLLUTION Is accepted by the 'Insured' for move- ~Bodlly Injury" or "property damage" arising ment Into or onto the covered "auto"; or out of the actual, alleged or threatened dis- b. After It Is moved from the covered "auto" charge, dispersal, seepage, migration, to the place where It is finally delivered by lease or escape of "pollutants": the "Insured." a. That are, or that are contained in any 8. MOVEMENT OF PROPERTY BY MECHAN- property that is: ICAL DEVICE (1) Being transported or towed by, hand- "Bodily injury" or "property damage" result- ' led, or handled for movement into, lng from the movement of property by a me- onto or from, the covered "auto"; chanlcal device (other than a hand truck) (2) Otherwise in the course of transit by unless the device is attached to the covered the "insured"; or 'auto." (3) Being stored, disposed of, trested or ~. 9. OPERATIONS processed In or upon the covered 'Bodily InjurY" or 'property damage' arising "auto"; out of the operation of any equipment listed In b. Before the 'pollutants" or any propen'y in paragraphs 6.b. and 6.c. of the definition of which the 'pollutants' are contained are "mobile equipment.' moved from the place where they are ac- 10. COMPLETED OPERATIONS cepted by the "Insured" for movement into or onto the covered 'auto'; or 'Bodily Injury' or "property damage" arising out of your work after that work has been c. After the 'pollutants" or any property In completed or abandoned, which the 'pollutants' are contained are moved from the covered 'auto" to the In this exclusion, your work me.ns: place where they are finally dallverecl, dis- a. Work or operations performed by you or posed of or abandoned by the 'Insured." on your behalf;, and Paragraph a. above does not apply to fuels, b. Materials, bartsorequiprnsntfurnlshed In lubHcents, Itulda, exhaust gases or other connection with such work or operations, similar 'pollutants" that are needed for or Your work includes warrantlas or repro- result from the normal electrical, hydreullo or sentstlons made at any time with respect to mechanical funotlonlng of the covered 'auto' the fitness, quality, durability or performance or Its per~ If:. of any of the Items Included in paragraphs a. (1) The "pollutants' escape, seep, mlgrete, or b. above, or are discharged, dispersed or raleeeed Your'work will be deemed completed at the directly from an "auto' part designed by aafllast of the following times: Its menufaoturar to hold, store, receive or dispose of such 'pollutants'; and (1) When all of the work called for In your contract has been completed. (2) The 'bodily injury," "propeRy damage" or '- (2) When all of the work to be done at the alto "covered pollution cost or expense' does not arise out of the operation of any has been completed if your contract calla equipment lb;ted In paragraphs 6.b. and for work at more than one sim. Page 4 of 11 Copyright. Insurance Services Office, Inc., 1993 CA IX) 01 12 93 ~, ~ 03/Z7!00 I5:05 F.4~ .... DKS ASSOCIATES ~ J£NKINSINS ~010/012 CUP£P INO COMPREHENSIVE GENr-RAL LIABILITY COMMERCIAL GENERAL LIABILITY ENDORSEMEI~ OF AGGREGATE LIMITS OF INSURANCE PER TRANSPORTATION, I~ARADE, SPECIAL EVENT, OR FOOTRACE In consideration of the policy premium and notwithstanding any inconsistent statement in the policy to which this Endorsement is attached or any othe~ Eodorsement attached thereto, it is . agraeci as follows: This £ndorscment modifies the insurance provided under the GencraJ Liabilit7 CovcnLge part of the below-referenced polio7 of insurance. The general aggregate limit under LIMITS OF INSUI~.CE applies separately to thc project 2~99x3~.01. described Tnte~:s~.ate Route 280 @ ~o:].Fe Rd. Xn~.;-rchange '~ra££~.¢ SaFaky xmproVe~ent pro~eseo"t POLICY INFORMATION ]. ].t~.~ul'atlce COlltpan~: CT~ 'rnsurance 2. Insurance Policy Number: 3. F_.J~cctive Date oft~s Bodorsemant: aav 1 ~1.999 4. 11~s~'~d'- DES $. AcldRionn~ Insured: City of'Cupertino, its directors, officen, agents end employees. All nntice~ herein provided to be given by the Insurance Coml~ny to the City in connection with this policy and this Additional Insured Endorsement, shall be mailed to or dellver~i to the City ~t 10300 Torte Avenue; Cupertino, California 95014. I, odv (p nt/type nnmc) warrant tl~ I h~w authority to bind thc below listmi Insurance Company enci by my signnturn hereon do so bind this Company. Agent/Agency: ~'enkJ. na/&'chens TnB. Title: Aaet ~cot xanage~ Address: P.O. Box 5668 Telepho~.' 925 798-2780 Concord, C~ 94524 . ~8~sinlJle: 925 673.-9533 Aggregate Limltl ~ndm~emmt Page 1 of I t) 15:04 I:A,X I)K$ ASSOCIATI"-S .* ,IENIiI.~SIN$ [~008/012 CUPERTINO ENDORSEMEI~IT OF PRIMARY INSURANCE In consideration of' the policy premium and notwithstanding any inconsistent statement in the policy to which this Endorsement is attached or any other F..ndorsement attached thereto, it is isreed as follows: The insurance afforded by this policy is primary insurance, and no additional insurance held or owned by the designated additional insured(s) shall be called upon to cover a loss under said additional policy. POLICY INFORMATION 1. Insurance Company: czmm Tnsur~nce 2. Insurance Policy Number: D3~7'46939 3. Bffcctive Date of this P~dorscmcnt: ~ay .1 ,3~..2.999 4. ]nsul~d: ~w.q Astsoeiatas - All notices herein provided to be given by the Insurance Company ~o the City in connection With this policy and ~ Additional Insured Endorsement, shall be mailed to or delivered to the City at 10300 Torre Avenue; Cupertino, California 95014. I, jodv s~ki~ev (printa'/pe name) ,' warrant that I have authori~ to bind the below listed Insurance Company and by my aignature. hereon do so bind t.his Company. SilInature of Authorized Representative: (Orisinal signature required °n all EndS~ments fi~dshed t° the Distn'ct) Name of ASant/Al~cncy: aenkins/Ath*.,,,, Zns. Title: Psat aect Manager Ad.as: P.O. Bo~ 5668 Taiephoue: 925 798-2';80 f'r~neoFd, r'A 94524 Facsimile: 9:25 671-9533 Primary Hndorsemen~Pqe I el' I 03/27/00 15:05 F.~X DKS ASSOCIATES ~ JENKINSINS ~009/012 CUPERTINO ADDFFIONAL IN'$1.Ra~D ~I~rDOI~..lV~.NT In consideration of the policy premium and notwithstanding any inconsistent statement in the policy to which this Endorsement is attached or any other Endorsement attached thereto, it is a&reed as follows: The City of Cupertino (" City") and its directors, officers, engineers, agents and employees, end all public agencies from whom permits will be obtained and their directors, officers, engineers, agents and employees' are bercby declared to be additional insureds under the terms of this policy, but only with respect tO the operations of' the Contractor at or ·upon eny of the premises of the City in connection with the Contract with the City, or acts or omissions of thc additio,~sl insureds in connection with, but limited to its general supervision or inspection o£ said operations. POLICY INFORMATION 1. Insurance Company: · CI~wA Insurance 2. Insurance Policy Number: D33736939 3. Effective Dale of this Endorsement: ~av 1 ~[ 199! 4. InsPired: DXS Associates All notices herein, provided ~ be given by the Insurance Company to the City in connection with this policy end this Additional Insured Endorsemcnt, shall be mailcd to or delivered to the City at I0300 Torre Avenue; Cupertino, California 95014. I, ,~ody Hr. kinney (print/type name) warrant that I havc authority to bind the below listcd Insurance Compeny and by my sisnature hercon do so bind this Compeny. C ' Si~natureofAuthoriz~dl~.'presentative: ~ ~~~ . (Originel signeto~e requital on ali Endors~ts fim~ to the District). ~ A~aL;A~ency: Jenkins/Athans Ins. Title: Assr &cot pfsna~ez Address: ~ n ~,~, q~s Telephone: 9ns 7.p.l!=~80 concozd, CA 94524 Facsimile: 925 671-95~t3 Additional Insured Endoraement Pqe I of I 15:06 FAX DES ASSOCIATES -* JENKINS[NS ~012/012 £UP ltJI 0 NOTICE OF CANCELLATION ENDORSEMENT In consideration of thc policy premium and notwigtsmmtinl~ any incons*iatent statement in the policy to which this Endorsement is attached or any other Endorsement alIached thereto, it is agreed as follows: Cancellation Notice. The insurance afforded by this policy shall not be suspended, voided, canceled, reduced in coverage or in limits, or materially altered, except after thirty (30) days* prior written notice by certified mail, ret~m receipt requested, has been given to the City of Cupertino ("City"). Such notice shall be addressed to the City as indicated below. POLICY INFORMATION 1. Insurance Company: CT~', r. ns,~uce 2. Insurance Policy Number: D2272S939 - 3. Effective Date of this Endorsement: Hay ! 1182.999 4. Insured: ~xs Associates All notices herein provided to be given by the Insurance Company to the City in connection. with this policy and this Additional Insured Endorsement, shall be mailed to or delivered to the City at 10300 Torre Avenue; Cupor~o, California 9S014. I, aoav (prin nme). warrant ~hat I haw authority to bind th~ Imlow listed Insurance Company and by my signature. harmon do so bind this Company. · Addr~s: p.o. ao~ 5s6s Tel~hone:._~_~.~ 2?s0 Concoz"d, CA 94524 Facsimile: 925 671 9533 Cancellation Endo~ement Pap, l or' I 33/27/00 15:06 FAX DKS ASSOCIATES - JENKINSINS ~011/012 4 CUPERTINO WAIVER OF SUBROGATION ENDORSEMENT WORKER'S COMPENSATION INSURANCE In consideration o£the policy premium and notwithstanding any inconsistent statement in the policy to which this ~ndorsement is attached or any other ~ndorsemcnt attached ther,~to, it is agreed as follows: It is agreed that with respect to such insurance as is afforded by the policy, the Insurance Company waives any right of subrogation it may requ/re against thc City of Cupertino, and each of its directors, officers, agents, consultants and employees by reason of any payment made on account of injury, including death resulting th~cfrom, sustained by any employee of the insured, arising out of the performance of the .above-referenced ContracL POLICY INFORMATION- 1. Insumnco Company: In~e-~ty Tns. Co. of North America 2. Insurance Policy Number: c4234573s 3. P. ffecfive Date ofthls Bndo~sement: ~av 1 ~L1999 4. Insured: vr, s' Assoc~.atee Ail notices herein provided to be given by thc Insurance Company io the City in connection with this policy and fids Additional Insured Endorsement, shall be mailed to or delivered to the City at 10300 Torre Avenue; Cupertino, California .95014. I, ~oa~, ack--,,e~, (print/type name) i warrant that I have authority to bind the below listed Insurance Company and by my signature: hereon do so bind this Company. Agant/A~ancy: ~enk~na/&thena Ins. TitJc: &set &cot Nanage~ Ad~e~: P.o. aox ssss Tel~hone: 925 798-2780 Concoz~l, C~ 94524 Facplm{le: 925 671-9533 Subrogation P. ndor~ment Page I of I RESOLUTION NO. 00-116 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO AUTHORIZING EXECUTION OF IMPROVEMENT AGREEMENT BETWEEN THE CITY AND DEVELOPERS, MEHRAN AMERIAN AND J-ILA M. AMERiAN, 10631 TUGGLE PLACE, APN 375-34-066 WHEREAS, there has been presented to the City Council a proposed improvement agreement between the City of Cupertino and developers, Mehran Amerian end Jila M. Amerian, for the installation of certain municipal improvements at 10631 Tuggle Place and said agreement having been approved by the City Attorney, and Developer hay/nE paid the fees as outlined in the attached Exhibit A; NOW, THEREFORE, BE IT RESOLVED THAT the Mayor end the City Clerk are hereby authorized to sign the aforementioned agreement on behalf of the City of Cupertino. PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this 17~ day of April, 2000, by the following vote: Vote Members of the City Council AYES: NOES: ABSENT: ABSTAIN: ATTEST: APPROVED: City Clerk Mayor, City of Cupertino Resolution No. 00-116 Page 2 EXHIBIT "A" SCHEDULE OF BOND, FEES, AND DEPOSITS DEVELOPMENT: Single FAmily Home Mehran Amerian and $ila M. Amerian LOCATION: 10631 Tuggle Place, APN 3?$-34-066 A. Faithful Performance Bond: Off-site: $ 8,000.00 On-site: $ 2,000.00 EIGHT THOUSAND AND 00/100 DOLLARS B. Labor and Material Bond: $ 8,000.00 EIGHT THOUSAND AND 00/100 DOLLARS C. Checking and Inspection Fees: $1,975.00 ONE THOUSAND ~ HUNDRED SEVENTY-FIVE AND 00/100 DOLLARS D. Indirect City Expenses: N/A E. Development Maintenance Deposit: $1,000.00 ONE THOUSAND AND 00/100 DOLLARS F. Storm Drainage Fee: S 320.00 SEVENTY-FIVE AND 00/100 DOLLARS G. One Year Power Cost: $ 75.00 THREE HUNDRED TWENTY AND 00/100 DOLLARS H. Street Trees: By Developer I. Map Checking Fee: N/A J. Park Fee: N/A K. Water Main Reimbursement: N/A L. Maps and/or Improvement Plans: As specified in Item ff23 of agreement RESOLUTION NO. 00-117 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO AUTHORIZING EXECUTION OF IMPROVEMENT AGREEMENT BI~TWERN ~ CITY AND DEVELOPERS, MAXINE ERLUND AND MIKE E. PHILLIPS, 10191 LEBANON DRIVE, APN 342-14-010 WHEREAS, there has been presented to thc City Council a proposed improvement agreement between thc City of Cupertino and developers, Maxine Erlund and Mike E. Phillips, for the installation of certain municipal improvements at 10191 Lebanon Drive and said agreement having been approved by thc City Attorney, and Developer having paid the fees as outlined in the attached Exhibit A; NOW, THEREFORE, BE IT RESOLVED THAT thc Mayor and thc City Clerk are hereby authorized to sign thc aforementioned agreement on behalf of thc City of Cupertino. PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this 17" day of April, 2000, by thc following vote: Vote Members o__f the City Council AYES: NOES: ABSENT: ABSTAIN: ATTEST: APPROVED: City Clerk Mayor, City of Cupertino Resolution No. 00-117 Page 2 EXIamIT "A" SCHEDULE OF BOND, FEES, AND DEPOSITS DEVELOPMENT: Single Family Home Maxine Erlund and Mike E. Phillips LOCATION: 10191 Lebanon Drive, APN 342-14-010 A. Faithful Performance Bond: Off-site: $ 5,000.00 On-site: $ 2,000.00 FIVE THOUSAND AND 00/100 DOLLARS B. Labor and Material Bond: $ 5,000.00 FIVE THOUSAND AND 00/100 DOLLARS C. Checking and Inspection Fees: $1,975.00 ONE THOUSAND NINE HUNDRED SEVENTY-FI'V~ AND 00/100 DOLLARS D. Indirect City Expemes: N/A Development Maintenance Deposit: $1,000.00 ONE THOUSAND AND 00/100 DOLLARS F. Storm Drainage Fee: $ 352.00 THREE HUNDRED FIFTY-TWO AND 00/100 DOLLARS G. One Year Power Cost: N/A H. Street Trees: By Developer L Map Checking Fee: N/A ]. Park Fee: N/A K. Water Main Reimbursement: N/A L. Maps and/or Improvement p~an~ As specified in Item//23 of alp~ement .-- RESOLUTION NO. 00-118 A RESOLUTION OF TH~ CITY COUNCIL OF THE CITY OF CUPERTINO AUTHORIZING EXBCUTION OF IMPROVBIVIENT AGRBBMENT BETWEEN THE CITY AND DEVELOPBRS KAMRAN SARMADI AND MOSALLIE MARYANM, 22751 IVlERCEDES ROAD, APN 342-44-010 WHEREAS, there has been presented to the City Council a proposed improvement agreement bctwean thc City of Cupertino and developers, Kararan Sarmadi and Mosallic Maryanm, for the installation of certain municipal improvemants at 22751 Mercedes Road and said agreement having been approved by the City Attorney, and Developer having paid the fees as outlined in the attached Exhibit A; NOW, THEREFORE, BE IT RESOLVED THAT the Mayor and thc City Clerk are hereby authorized to sign the aforementioned agreement on behalf'of the City of Cupertino. PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this 17~ day of April, 2000, by thc following vote: Vote Members of the City Council AYES: NOES: ABSENT: ABSTAIN: ATTEST: APPROVED: City Clerk Mayor, City of Cupertino Resolution No. 00-118 Page 2 EXHIBIT "A" SCHEDULE OF BOND, FEES, AND DEPOSITS DEVELOPMENT: Single Family Home Kamran Sarmadi and Mosallie Maryanm LOCATION: 22751 Mercedes Road, APN 342-44-010 A. Faithful Performance Bond: Off-site: $ 43,500.00 FORTY-THREE THOUSAND FIVE HUNDRED AND 00/100 DOLLARS B. Labor and Material Bond: $ 43,500.00 FORTY-THREE THOUSAND FIVE HUNDRED AND 00/100 DOLLARS C. Checking and Inspection Fees: $ 2,175.00 TWO THOUSAND ONE HUNDRN. D SEVENTY-FIVE AND 00/100 DOLLARS D. Indirect City Expenses: N/A E. Development Maintenance Deposit: $ 1,000.00 ONE THOUSAND AND 00/100 DOLLARS F. Storm Drainage Fee: $ 381.00 THREE HUNDRED EIGHTY-ONE AND 00/100 DOLLARS G. One Year Power Cost: $ 75.00 SEVENTY-FIVE AND 00/I00 DOLLARS H. Street Trees: By Developer I. Map Checking Fee: N/A J. Park Fee: $15,750.00 FIFTEEN THOUSAND SEVEN HUNDRg~ FIFTY AND 00/100 DOLLARS K. Watc-r Main Reimbursement: N/A L. Maps and/or Improvement Plans: As specified in Item//23 of agreement --- RESOLUTION NO. 00-119 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO ACCEPTING GRANT OF EASEMENT FOR ROADWAY PURPOSES FROM KAMRAN SARMADI AND MARYANM MOSALLIE, 22751 MERCEDES ROAD, APN 342 ~.~. 910 WHEREAS, Kararan Sarmadi and Maryanm Mosallie, 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 n Exhibit A end 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 22751 Mereedes Road. NOW, THEREFORE, BE IT RESOLVED that the City of Cupertino hereby accept said grant so tendered; and BE IT FUR~ RESOLVED that the City Clerk is hereby authorized to record said grant and this Resolution. PASSED AND ADOPTED at a regular meeting of tho City Council of thc City of Cupertino this 17~ day of April, 2000, by the following vote: Vote Members o__fthe City Council AYES: NOES: ABSENT: ABSTAIN: ATTEST: APPROVED: City Clerk Mayor, City of Cupertino GRANT OF EASEMENT FOR ROADWAY PURPOSES APN 342-44-010 22751 Mereedes Road Kamran Sarmadi and Maryanm Mosallie, grant(s) to the CITY OF CUPERTINO for public roadway purposes, together with the fight to construct, repair, operate, and maintain any and ail public utilities and improvements which shall be or become necessary for preservation of the public safety, welfare or convenience, the hereinafter described property which is situated in the City of Cupertino, County of Santa Clara, State of California, and as described as follows: (See Exhibit "A" & "B") IN WITNESS WHEREOF, executed this Owners: ...... Comm. Kamen Sarmndi Los A~t ~oon~v ~ot~ a~o~led~e~r to EXHIBIT "A" LEGAL DESCRIPTION FOR STREET DEDICATION PARCEL All that certain real property situate in the City of Cupertino, County of Santa Clara, State of California, being a portion of section 220 as shown upon .that certain Record of Survey. filed for record in Book 713 of Maps.at page 43, Santa Clare County Records, and being more particularly described as follows: BEGINNING at a point in the northerly line of Memedes Road, said point being also the southwesterly cbrner of Section 202 as shown upon said Record of Survey above described; thence along said northerly line of Mercedes Road North 83°24'35". West 25.11 feet to the southeasterly comer of Section 200, as shown upon said Record df Survey, above described; thence along the easterly line of said Section 200 North 01°11'09" East 5.02 feet to a point in a line which is. parallel to said northerly line of Mercedes Road and distant 5.00 feet therefrom, measured at right angles; thence along said parallel line South 83°24'35" East 25.11 feet to a point in the westerly line of said Section 202; thence along said westerly line of Section .202 South 01°11'09' West 5.02 feet to the POINT OF BEGINNING. ._ Containing 125.55 square feet, more or less. Prepared under the direction of:. Kenneth Nelson R.C.E # 22023 Lic. Exp. 9/30/2001 EXHIBIT - L2 S 8:5~' ?.4' 55"E ~'5.11 ' S 89.~'0~00'' E ~ I 0 0.65"-' ~ ~ 22O PAF~EL A _~ _ o ~ 20:5" SCA~: l" = ~0' ' a3'5~ 608~' ~1 ' - ~ ~ . ~o'p~"w~ 200 ~ 202 · ' N 8~-24.~.,W ; ES ROAD "~ e ..~....~ u.o.. ~,.~c.,o. o~: ~HIBIT B ALL-PURPOSE ACKNOWLEDGMENT '~tate of Cahfornia · [] personally known to me * OR* proved to me on the basis of satisfactory ,, evidence to be the pex3on(s) whose name(s) 'l is/are subscribed to the within instrument and '.o acknowledged to me that he/sh.e/they executed ~ the same in his/her/their authorized ~ . . capacity(ies), and. that by his/her/their ~ - ' ' -'.;,;, $1t/014~14 '~ siEnature(s) on the instrument the person(s), i ~ d~ C:~)cO~m~ ~ or the entxty upon behalf of which the V m ~ ~0x~ .~ ~,~ c0~ .... d. person(s) acted, executed the instrument. · WITNI~$$ my h~nd and official seal. · O. ~I~TIONAL INFORMATION 'llJe information below is no~ required by 'law..However, it could l~'evenI frandulenl attachn~nI o; ~ acknowl- · edgm~nt to an unauflw~.e.d documenb CAPACITY CLAIMED BY SIGNER (I~INCIPAL) DESCRIPTION OF ATTACHED DOCUMENT INDIVIDUAL [] PArT. ntiS) i [] TRU~ I.I~J~,(S) NUM~ P PAGES [] GUARDIAN/CONSISt VATOR · DATE OF DOCUMENT SIGNER IS REPRESENTING. ~. NAMI~ OP P~I. SONtS) .Or aNrl1~imS) , OTHBR I Z S'/'N 1"!9 C~ ITl ITl ~nN~^¥ ~n~)l~OO~ ~ ~ ~ / /.~ City Hall 10300 Tone Avenue Cupe~ino, CA 95014-3'~$5 CITY 0F Telephone: (408) 777-3220 CUPE INO ,..: (40,)7,7-3366 DEPARTIVIBNT OF ADMINISTRATIVE SERVICES SUlVIlVIARY / / Agenda Item No. ~o Meeting Date: April 17, 2000 SUBJECT AND ISSUE A public hearing on the 2000/01 us~r fecs. Adjustments are Proposed for various fees which reflect cost of processing end/or market rates. BACKGROUND All user fees are reviewed each year in conjunction with the preparation of the budget. Our goal is to ensure that, to the extent possible, fees cover the cost of providing services. Several changes are proposed this year, which primarily adjust for cost of living ino'eases. Specific proposals are: General Fees: · Fees have been increased by 4.2 percent to reflect cost of living ino-eases. Engineering Fees: · Fees have been increased by 4.2 percent to reflect cost of living increases. Planning Fees: · Fees have been increased by 4.2 percent to reflect cost of living increases. RECOMMENDATION: Thc recommended udjustmenm to user fees provide for recovery of the cost of City services, conform to our budget revenue guidelines, and become effective on July I, 2000. Staff recommends that the City Council approve the proposed fees. Submitted by: Approved for submission: Carol A. Atwood Donald D. Brown Director of Admiuisffative Services City Manager RESOLUTION NO: 00-120 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO RESCINDING RESOLUTION NO. 99-161 AND ESTABLISHING USER FEES WHEREAS, the State of California requires fees charged for service rendered not to exceed the cost of delivering said services; and WNRREAS, a public hearing has been held to review user fees; and WHEREAS, the City Council of the City of Cupertino has established guidelines for setting user fees; NOW, THEREFORE, BE IT RESOLVED that: 1. User fees ar~ established per attachments A through E. 2. All user fees previously established by Council action or resolution are hereby superseded. 3. User fees are effective July 1, 2000. PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this 1 ?th day of April, 2000 by the following vote: Vote Members of the City Council AYES: NOES: ABSENT: ABSTAIN: ATTEST: APPROVED: City Clerk Mayor, City of Cup~r'dno CITY OF CUPlgRTI~O SUMMARY OF USER FEES De~uh~ent Schedule General A Engineering B Planning C Building D Recreation E Schedule A CITY OF CUPERTINO General Copy Service - per sheet $0.10 Microfilm/Microfiche Printout $0.50/frame Returned Check Charge $20.00 Late Payment on 30 Day Delinquent City 7% per annum Invoices Property Liens Administrative Fee $30 per book/block/parcel lien Municipal Code Book $72.00 Williamson Act Filings $104.00 Tape Dubbing - Audio or Video (VIIS) Full Tape $20.00/tape Selective Dubbing $24.00/tape Fingerprinting Processing State Fee $44.00 Plus $10.00 City Administrative Fee Handbill P;, ,fit $81.00 Solicitor Permit $81.00 Plus $54.00 Fingerprinting Fee Massage Establishment Administrative Fee $72.00 Duplicate Business Licenses $5.00 Taxi Driver Permits - Administrative Fee $10.00 Library Community Room Use Fee $25.00 Nun-Refundable Fee $100.00 Cleaning Deposit Business License Exemption Administrative Fee $25.00 Dangerous Dug Registration Fee Annual Registration $161.00 1 Schedule A CITY OF CUP~.R'II~O Generol (continued) Police Disturbances Actual Cost * Abatement l~ee Actual Cost * Research l~ee (For information requests Actual Cost * greater than 1/2 hour.) C-raffili Cleanup Actual Cost * Damage to City Property Actual Cost * Grounds Sireets l~acilities Traffic - Engineering Traffic - l~Ai,tenance Code Enforcement Actual Cost * * Actual cost is: 1) Employee hourly rate plus 40% for benefits and overhead, and 2) cost of materials, contractors and supplies.' Schedule B CITY OF CUPERTINO Engineering Street Cuts Pe.~it to excavate in public right-of-way. $203.00 Grading Permit To insure grading conforms to City ordinances and council approvals. Minimum Fee or 6% of Improvement Value $I 71.00 Parcel Map/Tract Maps To insure maps conform to state map act and council approvals. Parcel Map $463.00 1-4 lots Tract Map $463.00 + $10.00 each lot over 4 Plan Checking and Inspection Review only (no permit issued) $323.00 P~..it Fee or $2,130.00 Residential 5% of Site Improvement minimum Commercial/Office/Industrial 6% of Site Improvement Annexation (plus county filing fees) $625.00 Certificates of Compliance To verify lots were not created in violation of local ordinances or $656.00 state map act. 3 Schedule B ~1'1'~ OF CUPER~I'/~O Engineering (continued) Encroachment l~c~ u,~t $151.00 Residential $192.00 Non-Residential To allow private facilities or improvements to be placed in public fight-of-way. To allow a storage box to be placed in $151.00 Residential public right-of-way. Lot Line Adjustment $338.00 City must verify that lots after adjustment conform to zoning and setbacks. Power Cost Developer is responsible for one year power cost for streetlights. The latest effective PG&E rate schedule approved by the PUC. Soil end Geology l~eport $29.00 Short Repo~ Plus any materials/service fees. $169.00 Long Report Bnginecring Copies Microfiche 7.25/copy Engineering Copies 8.25/copy Microfilm 9.25/copy Blueline 4.25/copy Banners $265.00 Transportation Permit State Fee ($16.00 Single) State Fee ($90.00 Annual) Schedule C CITY OF CUPERTi~O DEFINffION OF PLANNING FEE SERVICES Full Application An application which typically involves all steps of the development review process including Pre- application Review, Environmental Review Committee, the Planning Commission, and the City Council. The application requires an advertised public bearing before the Planning Commission and a public hearing or agendized review before the City Council. Applications requiring the preparation of an Environmental Impact Report (EIR) are included in this category. The application fee for particularly complicated applications and those requiting the prcparation of an BIR will be based upon an hourly rate as described in the fce schedule. Limited Application An application which involves all steps of the development review process outlined in the Full Application description with the exception of the City Council. Minor Application An application which involves minimal steps in the review process and is exempt from the California Environmental Quality Act. The staff evaluation and ~port preparations are less extensive. The application requires Planning Commission review. Miscellaneous Application An application which typically involves a non-noticed review by the Planning Commission. The application does not typically require pre-application meetings or Environmental Review and involves minimal staff preparation..Examples of this application are interpretation or clarification of conditions of approval or ordinance requirements, sign exceptions, fence exceptions, and tentative map and use p~mit extensions. Appeal A request from the project applicant or interested party to reverse or amend a decision made by staff or an advisory body. An appointed public official serving on the board that made the decision subject to the appeal, an appointed public official serving on a board that. is directly affected by the decision and the City Council members are exempted from the fee requirement. Schedule C CITY OF CUPERTINO DEFINITION OF PLANNIlqG FEE SERVICES (continued) Directors Application An application which receives final approval by staff either via an edvertised public henring or non- hearir~ format. The application may involve a pre-application meeting end/or Environmental Review committee n~iew. Temporary Sign Permit A staff review of a temporary si~n application which includes an evaluation of the sign request, the entry into thc temporary log end site review by Code ~nforcement Officers. Thc permit fee is in addition to the submittal of a deposit to guarantee removal of the sign upon expiration of thc tempor~ permit. Honsin~ Mitigation Fee Fee colleeted is used to construct new affordable residential units for Cupertino residents and employees. The fees mitigate thc need for affordable units caused by expanding offices creating new jobs and new rcsidenfial development, office, P,&D, industrial and residential development. NOT//S: Combined applications, which are processed simultaneously (i.e., filed at the same time) will be classified based on hi~hest rating. Mixed use applications will be classified based upon the hi~hest intensity and review process. Thc Director of Community Dcvclupment will have discretion to classify projects based upon the above criteria. Schedule C Cfr~' OF CUPERTINO Planning Full Application Zoning $2,386.00 Tentative Map $2,386.00 Use Permit $1,953.00 Applicable bnse fee plus hourly staffrate in excess of 48 hours $46.00 Limited Application Use Permit $1,370.00 Tentative Map $1,469.00 Amendment $1,I 30.00 Minor Application Use Permit $1,318.00 Tentative Map $1,318.00 Hillside Exception $1,255.00 Miscellaneous Application General $494.00 Architectural and Site Approval $422.00 Sign Exception $177.00 Fence Exception $177.00 Tentative Map end Use Permit Extension $479.00 Planning Commission Interpretation $406.00 R-1 Exception $527.00 Director Tentative Map - Lot Consolidation $828.00 Variance $911.00 M~nor Amendment/Temporary Use P~.,dt $187.00 Sign Permit $88.00 Temporary Sign Fwutit $41.00/ calendar year Appeal Amount to be refunded if appeal is ~ranted. $130.00 Housing Mitigation In-Lieu Fees Residential $1.00/sq. fi. Officeffndustrial/R~D $2.00/sq. fi. Stevens Creek Blvd. Specific Plan Fee $.0~5/sq.fl. Schedule C Planning (continued) General Plan Amendment Direct costs for staff, consultants, and materials. Sign $2,321L00 al~eement before application is accepted. (Retainer) Development A~r~'~nent Direct cost oi'City Attorney plus full application zoning fee. $2,328.00 Sign a~reement before application is accepted. (Retainer) Schedule D (~frY OF CUPERTINO Building Valuation Schedule OCCUPANCY AND TY~E REMODEL COST PER SQ. FF. COST PER NEW SQ. 1. APARTMENT HOUSES *Type I or II F.IL $37.76 $114.98 Type V - Masonry or Type RI $30.94 $ 92.77 Type V - Wood Frame $28.64 $ 85.77 Type 1 - Basement Garage $18.25 $ 39.21 2. AUDITO~ Type 1 or 11 F.1L $38.97 $109.61 Type 11 - 1-Hour $28.64 $ 79.33 Type 11 -N S28.64 $ 75.14 Type 111 - 1-Hour $28.64 $ 83.39 Type 111 -N $28.64 $ 79.10 Type V - l-Hour $28.64 $ 79.78 Type V - N $28.64 $ 74.47 3. BANKS *Type 1 or 11 F.R. $49.25 $154.70 Type 11 - 1-Hour $49.25 $114.02 Type 11 - lq $49.25 $110.40 Type 111 - l-Hour $50.40 $125.88 Type 111 - N $50.40 $121.36 Type V - l-Hour $40.07 $114.02 Type V - N $40.07 $109.27 4. BOWLING ALLEYS Type TI. 1-Hour $24.02 $ 53.34 Type 11 - N $24.02 $ 49.83 Type 111 - l-Hour $24.02 $ 57.97 Type 111 - N $24.02 $ 54.35 Type V - 1-1 Hour $24.02 $ 39.21 5. CHURCHES Type 1 ur 11 F.1L $35.15 $103.73 Type 11 - l-Hour $28.64 $ 77.85 Type 11 -N $28.64 $ 74.01 Type 111 - 1-Hoor $28,64 $ 84,64 Type 111 -N $28.64 $ 80.91 TypeV- 1-Hour $28.64 $ 79.10 Type V - bl $28.64 $ 74.47 *Add 0.5 percent to total cust for each story over ~ **Deduct i 1 percent for mini-warehouses ***Deduct 20 percent for "shell only" buildings The Building Official is authorized to implement new BMIding Valuation Schedules approved by the LC.B.O. 9 Schedule D (~rlY OF CUPERTTNO Building Valuation Schedule OCCUPANCY AND TYPE REMODEL COST PER SQ. FT. COST PER NEW SQ. FT. 6. CONV~I.F. SCENT HOSPITALS *Type'l or 11 F.R. $50.40 $145.43 Type 11 1-Hour $36.66 $100.91 Type 111 - 1-Hour $36.66 $103.51 Type V - l-Hour $36.66 $ 97.63 7. DWKLLI~GS Type V - Maso~y $34.35 $101.36 Type V - Wood Frame $34.35 $ 96.61 Basements Semi-Finished $14.89 $ 24.29 Unfinished $14.89 $ 18.53 8. FIRE STATIONS Type 1 or 11 F.R. $40.01 $119.67 Type 11 - l-Hour $30.65 $ 78.65 Type 11 -N $30.65 $ 74.24 Type 111 - 1-Hour $30.65 $ 86.22 Type 111 -N $30.65 $ 82.49 Type V - 1-Hour $30.65 $ 80.68 .Type V - N $30.65 $ 76.73 9. HOMES FOR'r~u~ ELDERLY Type l or 11 F.R. $37.81 $108.48 Type 11 - l-Hour $30.65 $ 88.14 Type 11 -N $30.65 $ 84.30 Type 111 - l-Hour $30.65 $ 91.64 Type 111 - N $30.65 $ 88.02 Type V - 1-Hour $30.65 $ 88.70 Type V - N $30.65 $ 85.54 10. HOSPITALS *Type 1 or I l F.P~ $58.43 $170.63 Type 111 = l-Hour $49.30 $141.25 Type V - l-Hour $45.82 $134.70 *Add 0.5 pe~c~mt to total cost for each story over thee **Deduct 11 percent for mini-wa.rehou~e ***Deduct 20 percent for "shell only" buildings ****Add 25% fur hn~tOUS occupancy or high tech The Building Official is authorized to implement new Building Valuation Schedules approved by the LC.B.O. 10 Schedule D CITY OF CUPERTINO Building Valuation Schedule OCCUPANCY AND TYPE REMODEL COST PER SQ. FT. COST PER NEW SQ. FT. 11. HOTELS AND MOTELS *Type 1 or 11 F.R. $37.71 $105.65 Type 111 - 1-Hour $35.46 $ 91.42 Type 111 - N $29.79 $ 87.24 Type V - 1-Hour $29.79 $ 79.55 Type V - N $29.79 $ 77.97 12. INDUSTRIAL PLANTS **** Type I or 11 F.R. $22.92 $ 59.55 Type 11 - 1-Hour $22.92 $ 41.47 Type 11 - (Stock) $22.92 $ 38.08 Type 111 - 1 -Hour $22.92 $ 45.65 Type 111 - N $22.92 $ 42.94 Tilt-Up $22.92 $ 31.19 Type V - 1-Hour $22.92 $ 42.94 Type V - N $22.92 $ 39.44 13. JAILS Type 1 ur 11 F.P.. $~7.27 $166.22 Type i I 1 - 1-Hour S53.87 $151.87 Type V - 1-Hour $43.53 $114.02 14. I,mRARI~$ Type I or 11 F.R. $42.38 $121.70 Type 11 - l-Hour $29.79 $ 89.04 Type 11 - N $29.79 $ 84.64 Type 111 - 1-l-Hour $29.79 $ 94.02 Type 111 - N $29.79 $ 89.28 Type V - 1-Hour $29.79 $ 88.37 Type V - N $29.79 $ 84.64 15. MEDICAL OI~ICES **** Type 1 ur 11 F.R. $50.40 S124.87 Type 11 - l-Hour $37.82 $ 96.39 Type 11 - N $37.82 $ 91.53 Type 111 - 1-Hour $37.82 $101.48 Type 111 -N $37.82 $ 97A1 Type V - 1-Hour $37.82 $ 94.24 Type V - N $37.82 $ 90.97 *Add 0.5 percent to total cost for each story over three **Deduct 11 perce~t for mlnl-warohouso ***Deduct 20 percent for "shell only" buildings ****Add 25% for hn-nnious or high tech occupancies The Building Offieial is authorized to implement new Bnildin~ Valnnflon Seheduie~ approved by the I.C.B.O. Schedule D ~1'1'~' OF CUPERTINO Building Valuation Schedule OCCUPANCY AND TYPE REMODEL COST PER SQ. Fr. COST PER NEW SQ. Fr. 16. OFFICES Type 1 or 11 F.R. $45.84 $111.53 Type 11 - 1-Hour $30.94 $ 74.81 Type 11 -N $30.94 $ 71.19 Type 111 - 1-Hour $30.94 $ 80.68 Type 111 - N $30.94 $ 77.07 Type V - 1-Hour $30.94 $ 75.60 Type V - N 130.94 $ 71.19 17. PRIVATE GARAGES Wood Frame $14.89 $ 25.42 Masonry $14.89 $ 28.70 Open cerport~/cove~d decks/purches $10.28 $ 17.29 Uncovered decks $ 9.13 $ 14.34 18. PUBLIC BUn.nlNGS Type 1 or 11 F.IL $52.65 $128.93 Type 11 - 1-Hour $40.07 $104.41 Type 11 -N $40.07 $ 99.89 Type 111 - 1=Hour $40.07 $108.48 Type 111 -N $40.07 $104.64 Type V - 1-Hour $40.07 $ 99.33 Type V - N $40.07 $ 95.71 19. PUBLIC GARAGES Type 1 or 11F.R. $22.92 $ 51.08 Type 1 or 11 Open Parking $22.92 $ 38.42 Type 11 - N $22.92 S 29.94 Type 111 - 1-Hour $22.92 $ 38.76 Type 111 - N $22.92 $ 34.46 Type V -l=Hour $22.92 $ 35.26 20. RESTAURANTS *Type 111 - 1-Hour S57.33 S101.93 Type 111 - N $57.33 $ 98.42 TypeV- 1-Hour $51.61 $ 93.22 Type V - N $49.25 $ 89.72 *Add 0.5 percent to total cost fur each story over **Deduct 11 percent for mini-warehouse ***Deduct 20 percent for "shell only" buildings ****Add 25% fi~r lummious or high t~r,h occupencics The Building Official is authorized to implement new Building Valuation Schedules approved by the LC~J.O. Schedule D CITY OF CUPERTINO Building Valuation Schedule OCCUPANCY AND TYPE REMODEL COST PER SQ. Fr. COST PER NEW SQ. Fr. 21. SCHOOLS Type 1 or 11 F.R. $57.33 $116.28 Type 11 - 1-Hour $42.38 $ 79.33 Type 111 - 1 -Hour $42.38 $ 84.86 Type 111 -N $40.07 $ 81.70 Type V - 1-Hour $40.07 $ 79.55 Type V - N $40.07 $ 75.94 22. SERVICE STATIONS Type 11 - N $39.55 $ 70.29 Type 111 - l-I-Iour $39.55 $ 73.22 Type V - 1-Hour $39.55 $ 62.38 Canopies $39.55 $ 29.27 23. STORES *Type 1 or 11 F.R. $35.51 $ 86.22 Type 11 - 1-Hour $32.10 $ 52.77 Type 11 -bi $32.10 $ 51.41 Type 111 - l-Hour $32.10 $ 64.07 Type 111 -N $32.10 $ 60.12 Type V - 1 Hour $32.10 $ 54.01 Type V - N $32.10 $ 49.95 24. THEATERS Type 1 ur 11 F.IL $45.84 $114.81 Type 111 - 1 -Hour $33.20 $ 83.62 Type 111 -N $32.10 $ 79.55 Type V - 1-Hour $30.94 $ 78.76 Type V - N $29.79 $ 74.47 25. WAREHOUSES** Type 1 ur 11F.R. $32.10 $ 51.64 Type 11 orV-I-Hour $16.05 $ 30.62 Type 11 orV-N $16.05 $ 28.81 Type 111 - l-Hour $16.05 $ 34.80 Type 111 -N $16.05 $ 33.22 *Add 0.5 pcn:~nt to total cost fur cach story over tht~ **Deduct 11 percent for mlnl-waxehousc ***Deduct 20 pon:mt fur "alma oaly" buildings ****Add 25% for hazardous or high t~ch occupancies The Building Official i~ authorized to implement new Building Vuiuuiton 8ehedules approved by the LC.B.O. 13 Schedule D ~1'1'~ OF CUP~R'I'LrqO Building Valuation Schedule EQUIPblENT A_ND AlP. CONDITIONING Commereiel $ 4.29 Residential $ 3.62 Sprinldcr Systems $ 2.71 RETAINING WALLS, PER SQ. FT. (H~IGEIT X LENGTIt) AR~A ABOV~ GRADE Masomy $ 26.79 Concrete $ 23.$8 The Buildin~ Official b authorized to implement new Building V~luation Sehedule~ approved by the I.C.B.O. Address Changes $245.00 14 Schedule D CITY OF CUPERTIAIO Building Permit Permit Valuation $1 - $3,000 $77.00 $3,001 - 25,000 $87.00 for the first $3,000 plus $10.00 for each additional $1,000 or tlaction thereof, t° and including $25,000. $25,001 - 50,000 $300.00 for the first $25,000 plus $8.00 for each additional $1,000 or fraction thereof, to and including $$0,000. $50,001 - 100,000 $500.00 for the first $50,000 plus $6.00 for each additional $1,000 or fraction thereof, to and including $100,000. $100,001 - 500,000 $788.00for the first $100,000 plus $4.00 for each additional $1,000 or fraction thereof, to and including $500,000. $$00,001 - 1,000,000 $2,609.00 for the first $500,000 plus $3.00for each additional $1,000 or fraction thereof, to and including $1,000,000. $1,000,001 - $4~440.00 for the first $1,000,000 and up plus $2.00 for each additional $1,000 or fraction thereof. PLAN CHECKING Structural and Non-Structural 85% of building l~m~it fee for each plan submitted. Each additional identical z~eat plan for multi-unit residential developments will be assessed at $22.20 each unit. 30% of building permit fee for each plan submitted. Each additional identical ~l~at plan for multi-unit residential developments will be assessed at $22.20 each unit. Repeat plan ~be~ks that exceed 2 reviews will be charged an hourly rate at $55.50 per hour. 15 Schedule D CITY OF CUPER'i'~O Building - Electrical Fees New Residential Buildings and Remodels that add additional square footage Thc following leas shall include all wiring and electrical equipment in or on each building, or other electrical equipment on the same pr~miscs constructed at thc same time. Permit Fee $35.52 N~w multi-family residential buildings (ap~, truants and condominiums) having three or more living units not including th~ area o£garages, carports and other non-commercial automobile storage ar~as constructed at tl~ same time, per ~uarc foot $ 0.06 New single and two-family residential buildings not including thc area of geragcs, carports and other minor accessory buildings constructed at thc same time, per square foot $ 0.07 For othcr types o£ residential oocupancics and alterations, additions and modifications to existing residential buildings, usc thc UNIT FEE SCHEDULE 16 · Schedule D CITY OF CUPERTINO Building - Electrical UNIT FEE SCHEDULE Remodel - No additional squm'e footage P~.,~t Fcc $ 35.52 Residential Appliances For fixed residential appliances or recoptaclc outlets £or same, including wall-mounted ¢lecU'ic ovens; counter mounted cooking tops; electric ranges, self-contained room console, or throu~h-wall sir conditioners; space heaters; food waste grinders; dishwashers washing maclfincs; water heaters; clothes dryers; or other motor operated appliances not exceeding one horsepower (HP) in rating each $ 4.44 NOTE: For other types of air conditioners and other motor-driven appliances having larger electrical ratings, see Power Apparatus. Nun-Residential Appliances For residential appliances and self-contained factory-wired, non-residential appliances non exceeding one horsepower (HP), kilowatt (KW), or kilovotampere (KVA) in rating including medical and dental devices; food, beveregc, and ice cream cabinets; illun~mated show cases; dristang fountains; vending machines; laundry machines;'or other similar types of equipment, each $ 4.44 NOTE:For other types of air conditioners and other motor-driven appliances having larger electrical ratings, see Power Apparatus. Services For services of 600 volts or less and not over 200 amperes in rating, each $ 22.20 For services of 600 volts or less and over 200 amperes to 1,000 amperes in rating, each $ 44.40 For services over 600 volts over 1,000 amperes in rating, each $ 88.80 17 Schedule D ~1~1'~ OF CUPEI~I'L~O Building - Electrical USER FEE S~,DULE (continued) Remodel - No additional squtFe footage Signs, Outline Lighting and Marquees l~or signs, outline lighting s~stcms ar marquees supplied fi~om one branch circuit, each $ ~or additional branch circuits within the same sign, outline lighting ~stcm or nmrquee, each $ ~..44 Miscellaneous Apparatus, Conduits, Conductors, and Special Circuits For electrical apparatus, conduits and conductors for which a permit is required but for which no fee is herein set forth $ Power Device/Apparatus For motors, generators, transformers, rectifiers, synchronous coflverters, capacitors, industrial heating, air conditioners and heat pumps, cooking or baking equipment and other apparatuses, as follows: Rating in horsepower (I-IP), kilowatts (KW), kilovolt-amperes (KVA), or kilovolt-amperes-reactive (KVAR): 1 unit $ 44.40 2 through 5 umts, each additional $ 16.65 6 and over, each additional $ 11.10 NOTE: 1.For equipment or appliances having more than one motor, transformer, heater, etc., the sum of the combined ratings may be used. 2.These fees include all switches, circuit breakers, contractors, th~,mostats, relays and other direetly related control equipment. 18 Schedule D CITY OF CUPERTINO Bui~di~5 - Electrical UNIT FEE S~tiEDULE (continued) Remodel - No additional square footage Busways For trolley and plug-in-typo busways, each 100 feet or f~aetion thereo£ $6.11 Note: An additional fee will be required for lighting fixtures, motors and other appliances that arc connected to trolley and plug~in-type husweys. No fee is required for portable tools. l~eccptacle, Switch and Lighting Outlets For receptacle, switch, lighting or other outlets at which current is used or controlled, except services, fccclers and meters. First 20 each $1.11 Additional outlets, each $0.67 NOT~: For multi-outlet assemblies, each 5 feet or fi'aetion thereof may be considered as one outlet. Lighting Fixtures For lighting fixtures, sockets or other lamp holding devices First 20 each $1.11 Additional fixtures, each $0.67 For pole or platform-mounted lighting fixtures each $1.11 For theatrical-type lighting fixtures or assemblies each $1.11 19 Schedule D c~l'i'Y' OF CUPERTINO BuBdin~ - Meclumicsl Fees 1%lew Residentbd Buildings end Remodels thnt odd ndditionsl square ~ootage. Thc following fc~s shall include all mechanical cquipmant in or on each building, or other mechanical equipment on thc same premised constructed at thc sarfl¢ time. New multi-family residential buildings (apartments and condominiums) having three or more living units not including thc area of garages, carports and other non-commercial automobile storage areas construct~l at thc same time, per square foot $0.06 New and single and two-family r~sidcntial buildings not including thc arc~ of garages, carports and othcr minor accessory buildings constntcted at th~ same time, per square foot $0.07 2O Schedule D CITY OF CUPERT/NO · BuiPdindo - Mechanical Fees UNIT FEE SCI~.DULE Remodels - No additional Square Footage Permit Fee $ 35.52 For the repair of alteration of, or addition to each heating appliance, refxigeration unit, cooling unit, VAV boxes, absorption unit; or each heating, cooling, abso~tion, or evaporative cooling system, including installation of controls regulated by this Code. $ 12.21 For each ak-handling unit, A/C units, heat pumps to and including 10,000 cubic feet per minute, including ducts attached thereto. Docs not apply to central type. $ 8.33 NOTE: This fee shall not apply to an air-handling unit that is a portion of a factory-assembled appliance, cooling unit, evaporative cooler or absorption unit for which a p~mit is required elsewhere in this Code. For each air-handling unit A/C unit, heat pump over 10,000 cfm $ 14.43 For the installation or relocation of each commercial or industrial-type hood $127.65 For the installation of each residential hood that is served by a mechanical exhaust, including the ducts for such hood $ 8.33 For the installation or relocation of each forced-air or gravity-type furnace or burner, including ducts and vents attached to such appliance, up to and including 100,000 BtWh $ 12.21 For each ventilation system which is not a portion of any heating or air conditioning system authorized by a p~rmit $ 8.33 For each ventilation fan connected to a single duct $ 6.11 For the installation or relocation of each forced air or gravity type furnace or burner, including ducts and vents attached to such appliance over 100,000 Btu/h $ 14.43 Schedule D ~l'~ OF CUPEI~TL~O BuiMtna.'- Mechanical Fees UNIT FEE S(.:H I~:O~L,TL~ (oontin.ed) Remodels - No additional Square FootaEe For thc installation or relocation of each floor furnace, including vent $12.21 For thc installation or relocation of each suspended heater, reccssod wall heater or floor-mountod unit heater $12.21 For the installation, relocation or replacement of each appliance vent installed and not included in an appliance l~mit $ 6.1 l For the installation or relocation of each boiler or compressor to and including three horsepower, or each absorption system to and including 100,000 Btu/h $12.21 For the installation or relocation of each boiler or compressor over three horsepower to and including 15 horsepower, or each absorption system over 100,000 Btu/h and including 500,000 Btu/h $22.20 For the installation or relocation of each boiler or compressor over 15 horsepower to and including 30 horsepower, or each absorption system over 500,000 Bto/h to and including 1,000,000 Btu/h $31.08 For the installation or relocation of each boiler or compressor over 30 horsepower to and including 50 horsepower, or for each absorption system over 1,000,000 Btu/h to end includin~ 1,750,000 Btu/h $45.51 For the installation or relocation of each boiler or rcfi/geratioo compressor over 50 horsepower, or each absorption system over 1,750,000 Btu/h $77.70 For each appliance or piece of equ/pment regulated by this Code but not classed in other appliance categories, or for which no other fee is listed in this Code $ 8.33 Schedule D (~IT¥ OF CUPERTINO Building - Plumbing Fees New Residential Buildings and Remodels that add additional square footage The following fees shall include all plumbing equipment in or on each building, or other plumbing equipment on the same premises constructed at thc same time. New mul~family residential buildings (apartments and condominiums) having three or more living units not including the ama of garages, carports and other non-commercial automobile storage areas constructed at the same, per square foot $0.06 New single and two-family residential buildings not including the area of garages, carports and other minor accessory buildings ~nslructed at the same time, pe~ square foot $0.07 Schedule D CITY OF CUPER'I'II~O Building - Plumbing Fees UNIT FEE S~It~DULE Remodel - No additional Square Footage Permit Fee $35.52 Fur installation, alteration ur repair of water piping water treating equipment $ 8.33 For repair ur alteration of drainnge or vent piping, floor, area, condensate piping $ 8.33 Fur each plumbing fi,xture ur trap ur set of fixtures on one trap (including water, drainage piping end ba~kflow protection therefor) $ 8.33 Fur each ges piping system of one (1) to four (4) outlets $ 4.44 Fur each gas piping system of five (5) ur more, per outlet $ 1.11 Fur each industrial waste pre-treatment int~eeptur, including its trap -- end vent, exeepting kitchen type grease traps functioning ns fixture traps $16.65 Kitchen type trap end/ur system $ 8.33 For each building sewer, sanitsry sewer, and each trailer park sewer $19.98 Stonn/r~(mwater systems per drain $ 8.33 For each water heater and/ur vent $ 9.99 Water service $ 8.33 Re-pipe per fixture $ 8.33 Schedule D CITY OF CUPERTINO Building - Plumbing Fees UNITS FEE SCHEDULE Remodel - No additional Square Footage (continued) For each lawn sprinkler system on any one meter, including backflow $12.21 protection devices therefor Five (5) or more, each $ 0.67 For atmospheric type vacuum breakers/back~low not included in item 1 1 to 5 $ 9.99 over 5 each additional $ 2.00 For each private sewage disposal system $62.16 For each cesspool $31.08 ~hedule D CITY OF OTHER BUILDING INSPECTION ~ES ~va~ S~g P~ls F~ new ~va~, ~sid~al, in-cad, sm~g ~ls f~ s~gle-~mily ~d mul~-f~ily ~cu~cies ~cluding a c~ple~ ~st~ ofneces~ ~ch c~uit ~ng, ~d~g, ~ding, ~d~a~ li~g, ~ p~g ~d o~ si~ elec~c~ ~mpm~t ~tly ~lated ~ ~e op~ of a ~g ~ol, e~h $~.00 For o~ ~s of s~ing p~ls, ~u~c wh~l~ls, ~as ~d alt~fi~s m ~s~g s~ ~ls, ~ ~e ~ FEE S~D~E Temporary Power Service For a tempom~ service power pole or pedestal including all pole or pedestal-mounted receptacle outlets and appurtenances, each $57.50 For a temporary distribution system and temporary lighting and receptacle outlets for construction sites, decorative light, Chrislmas tree sales lots, fireworks stands, etc. each $ 7.75 Inspection outside of the normal business hours $80.00/hr. (minimum charge two hours) Inspection for which no fee is specifically established $60.00/hr. (minimum charge one hour) Re-inspect/on - A fee may be assessed for each inspection or re-inspection when such portion of work for which inspection is called is not complete or when corrections called for arc not made $100.00 Schedule E CITY OF CUPERTINO Recreation Recreation classes end excursion fees shall he dct~.~ncd as follows: Classes 1. Dctenn'me the maximum hourly rate paid to instructor. 2. Multiply the instructor's hourly rate by the number of class meetings. 3. Det~ume the minimum number of participants and di~de into the instructor's cost. 4. Add indirect overhead percent - 32%. 5. Add 20% to establish non-res/dent fee. 6. Add cost for specialized equipment or supplies. Special conditions: For classes taught by contract instructors, the indirect overhead is only added to the City's percentage. Excursions 1. Transportation cost divided by the number of participents plus overhead transfer. 2. Add 20% to establish non-resident fee. 3. Add any admission cost, supplies or leadership cost. Additional factors that may be used to det,,,,,ine the class or excursion user fee: The total number of participants in a given activity may generate additional revenue whereby the total program cost may be reduced. Classes that traditionally have waiting lists may have the user fee increased. ProErams in competition w/th adjacent cities or the private sector may require fees to be increased or decreased to remain competitive. 27 Schedule E ~1'1'~ OF CUPERTINO Recreation (continued) Facility Use Fee Schedule (StaffUse Ouly) CLASSIFICATIONS: Priority of Use Group I: City of Copcrlino activities that are open to the public. Official city sponsored Group I1: Clubs with $1% resident membership, recreation programs and events with full or affiliated city co-sponsorship and open to the public. Group IH: Programs and events sponsored by Cupertino based non-profit recreation, education or community service organization with 51% resident participation. These organizations must show an official structure end status. Group IV: Private, special interest or business groups for functions not open to the public. These functions would include parties, banquets, receptions, industrial conferences; seminars, trade shows, etc. Group V: Programs and events sponsored by non-resident non-profit recreation, education or community service organization. These organizations must show official s~ructure and status. Group VI: Cupertino Businesses using the Cupertino Room of the Quinlan Community Center for promotional and business related purposes other than negotiation or direct sale. Schedule E (~rrY' OF ~CPE~fHqO Recreation (continued) ROOM RENTAL SC~.DULE PER HOUR Community Senior Creekside Center Center Monta Vista Park Bldg. Multi-Purpose (Mon-Thurs) (Fri-Sun) (After Hours) Group Ill $15 $40 $35 N/A N/A Group IV $75 $125 $50 N/A N/A Oroup V $25 $75 $40 N/A N/A Group VI $150 $150 Classroom Group III $I0 $35 $15 $10 $10 Group IV $25 $50 $25 $25 $20 Group V $15 $40 $15 $15 $15 Conf. Rm/Kitchen Group III $5 $15 $15 $5 N/A Group IV $20 $20 $20 $20 N/A Group V $15 $15 $15 $15 N/A Kitchenette Group III $1 O/hour Groups serving alcohol, add $15.00/hour for security personnel. A security deposit of $100 may be required based on the nature of the event. A $500 security deposit is required for Croup IV Qulnlan Center Multi-Purpose. Groups I & H pay only staff'mg cost of $10.00/hour if needed. Functions exceeding the pe.,,itted reservation time shall be char~d $75.00 of any time/increment up to the first half hour, and $75.00 for every additional half hour thereafter. 29 Schedule E CrtY OF CUPERTINO Recreation (continued) OUTDOOR FACILITIES Memorial Softball Field Cupertino residents/businesses only $25.00 Non-Residents $40.00 Field can be reserved for a maximum of 2 hours THERE IS NO FEE FOR CURRENT SOFI'BALL TEAMS PLAYING IN CUPERTINO LEAGUES Field preparation $36.50 (includes dragging, watering, chalking, and bases) Field Attendant (2 hour minimum) $ 8.25/hi'. Field Attendant is required any time lights or field preparation is requested. Lights (in the evening) $ 5.00/hr. _ Memorial Park Amphitheater Cupertino resident $25.00 Non-resident $40.00 Memorial Park Gazebo Cupertino resident $25.00 Non-resident $40.00 Picnic Areas Cupertino residents $30.00 Non-residents $50.00 Cupertino business $50.00 Non-resident business $75.00 If eleclrieity is required $20.00 (Add'l) Schedule E CITY OF CUPERTINO Recreation (continued) BLACKBERRY FARM PICNIC GROUNDS General Administration: Weekends & Holidays Weekdays ADULT (13 years and over) $?.00 $4.00 CHILD (6 through 12) $5.00 $3.00 Children under 6 are free when accompanied by their parents Group Rates: Adult Child Adult Child (13 & over) (6 through 12) 100 - 500 persons $6.00 $4.00 $3.?5 $2.75 501 - 1,000 persons $5.50 ' $3.50 $3.50 $2.50 1,001 or more persons $$.00 $3.00 $3.25 $2.25 BLACKBERRY FARM GOLF COURSE Weekends Weekdays 9-Holes $12.00 $10.00 Junior & Seniors (under 16 and over 62) N/A $ 9.00 Second Nine (allplayers) $10.00 $ 9.00 All green fee prices; deduct $1.00 when you present a Cupertino I.D. All groups and ~oumaments pay the full rate (Cupertino resident still applies). Staff is authorized to set merchandise fees according to current cost. BLACKBERRY FARM RETREAT CENTER Conference Room $30.00/person Schedule E CITY OF CUPERTINO SUMMARY OF USER FEES Recreation (continued) CUPBRTIHO SPORTS CENTER Resident: Day Use $ 7.00 Single Monthly $ 55.00 Couple Monthly $ 75.00 Family Monthly $ 95.00 Single Annual $350.00 Couple .AnnUal $700.00 Family Annual $840.00 Non-Resident: Day Use $ 10.00 Single Monthly $ 55.00 Couple Monthly $ 75.00 Family Monthly $ 95.00 Single Annual $350.00 Couple Annual $700.00 Family Annual $840.00 ADDITIONAL CONDITIONS 1. Annual fee for Juniors 07 years and younger) of $2~0.00. 2. Annual fee for Seniors (62 years and older) of $315.00. 3. The Cupertino Tennis Club will be charged $10.00/hour per ooutt for all C.T.C. sponsored activities other than U.S.T.A. leagues and practices. 4. All competitors in C.T.C./U.S.T.A. leagues paxticipating at the Spor~s Center must purchase 5. An annual pass holder may purchase one block often (10) guest passes per year for $60.00. A guest must be accompanied by the pass holder who purchased the guest pass. 32 of Cuper no February 2000 AC 11VITY DATI~ AI)JUSTI~D MATURI 1 Y MAR{CEI UNREALI2ZbL) ~bURCHASE MATUR. ri ¥[ D.!~CRiP 1 ION YIELD COST VALUE VALUE P~OFIT/LOSS -- { SECURI 11~ SOLD SEcuRr I 1~ MATUP~D 2,000,000 10/08/97 03/31/00:~l'rea~mY Note !6a 5.69% I 2,000,000 2,000,000 i 0 - gECURI I lES PURCHASED iNone I I CURI~N I PORTFOLIO EASH 0 0, 0 CORPORA'i g BOlqD8 : : O{ Oi 0 0 ]~.IF 6f { MONI~y MAP~KET FUNDS --' 03/31/00 'CupettinoNatl-Swecp account 5.05% 1,152'003 I 1,152'003 1,152,003 ~{ 03/31/00 Schmtb t6j 5.00% 572,099 } 572,099 572,099 0 ii I i 6k 1,882,227 1,882,227 1,882,227 0 MORTGAGE OBLIGATIONS 07/09/93 I 04/15/07 {FHLMC0a) . 6.11% 1,020,453 1'000'000 [ 9~0,420 (30,033) 0~/30/93 ! 09/15/07 FHLMC(P) ,6k 7.42% 2,504,595~ 2,400,000 { 2,424,264 (80,331) 09/30/93. 05/15/08 FI~MC(P) i6k 6.62% 2,949,368 I 2,850,000 2,766,249 (183,119) , iI 6,474,416 6,260,000 6,180,933 (293,483) US GOVERNMENT SECURI'~I 1.~ 60o% 9v9,~1 s i 1,000,000 99v,6~0 (25) 12/12/96 06/30/00 Note ,68 . 12112/96 05/30/00 {Treasury Note {6a 6'00% 999,715 1,000'000 999,690 (25) "08/04/07 11/30/00 Tte, asuwyNote 16a 6.01% 2,494,1g0 2,.500,000 2,488,275 (5,915) 08/06/97 05/31/01 Tteasmy Note {6a 6.05% 2,511,579 2,500,000 2,500,715 (10,804) 08/29/97 07/31/00 Treasury Note 16a 6.03% 1,000,286 1,000,000 100,310 (899,976) {0/08/97 09/30/00 Treasury Note :(ma 5.71% 1,001,892 1,000,000 999,380 (2,512) -- 10/08/97 03/31/01 TreasmyNote 16a 5.75% 2,011,137 2,{]00,000 1,998,760 (12,377) ----10/08/97 09/30/01 · TreasmT Note 16a 5.79% 2,015,557 2,000,000 1,993,760 (21,797) 06/'25/99 ] 11/30/02 Tteasm7 Note {6a 5.90% 2,498,524 2,500,000 2,453,900 (,14,624) ....... 01/10/00 { 06/30/02 Treasury Note I6a, 6.33% 2,496,0~9 2,.500,000 2,483,600 (12'489) .... 01/14/00 1 05/25/00 ITreasury Note {6a $.58% 991,781 1 000,000 { 991'410 (371) · -01/14~0 . 08/17/00 {Treasury Note 68 5.75% 489,392 500,000 488,805 ($87) Note 2 ,000 ,6,,,6 24,412,862 24,soo~o Total Mtntsed I'orffollo 41,324,564 40'025,94{s "~ City Hall 10300 Torte Avenue Cupertino, CA 95014-3255 CiTY O[: Telephone: (408) '/77-3213 CUPER!INO ,408 777. HUMAN RESOURCES DIVISION SUMMARY Agenda Item No. / ~ Meeting Date: April 17, 2000 SUBJECT AND ISSUE Adoption of Ordinance amending contract with Public Employees' Retirement System (PERS) On March 20, 2000 the City Council approved Resolution No. 00-089 providing a notice of intent to approve an Amendment to a contract between the City of Cupertino and PERS. The contrac~ amendment would provide City of Cupertino employees an opportunity to obtain public service credit for volunteer service for the United States Government (Peace Corps or America Corps: VISTA Service). The employee is responsible for the cost of purchasing volunteer service time. The enclosed Ordinance and contract amendment provides for the addition of Section 21023.5 to the City of Cupertino contract with PERS. RECOMMENDATION It is the staffrecommendation that the City Council adopt the enclosed Ordinance. Wil~ham J.~os~~~sabnuttatl I~: D~Appr°v : Human Resources Manager City Manager ORDINANCE NO. 1846 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CUPERTINO AUTHORIZING AN AMENDMENT TO THE CONTRACT BETWEEN THE CITY COUNCIL OF THE CITY OF CUPERTINO AND THE BOARD OF ADMINISTRATION OF THE CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT SYSTEM REGARDING PUBLIC SERVICE CREDIT FOR PEACE CORPS OR AMERICA CORPS:VISTA SERVICE THE CITY COUNCIL OF THE CITY OF CUPERTINO HEREBY ORDAINS AS FOLLOWS: Section 1. That an amendment to the contract between the City Council of the City of Cupertino and the Board of Administration, California Public Employees' Retirement System is hereby authorized, a copy of said amendment being attached hereto, marked Exhibit I, and by such reference made a part hereof as though herein set out in full. Section 2. The Mayor of the City of Cupertino is hereby authorized, empowered, and directed to execute said amendment for and on behalf of the City of Cupertino. Section 3. The City Clerk shall cause this ordinance to be published at least once in a newspaper of general circulation in the City of Cupertino within 15 days after its adoption, in ar, cordance with Government Code Section 36933, shall certify to the adoption of this ordinance and shall cause this ordinance and her certification, together with proof of publication, to be entered in the Book of Ordinances of the Council of this City. INTRODUCED at a regular meeting of the City Council of the City of Cupertino the 17'~ of April, 2000 and ENACTED at a regular meeting of the City Council of the City of Cupertino on May 1, 2000 by the following vote: Vote: Members of the City Council Ayes: Noes: Absent: Abstain: ATTEST: APPROVED: City Clerk Mayor, City of Cupertino Califomia Public Employees' Retirement System AMENDMENT TO CONTRACT Between the Board of Administration California Public Employees' Retirement System and the City Counc'd City of Cupertino The Board of Administration, California Public Employees' Retirement System, '- hereinafter referred to as Board, and the goveming body of the above public agency, hereinafter referred to as Public Agency, having entered into a contract effective August 16, 1967, and witnessed July 10, 1967, and as amended effective June 1, 1973, March 1, 1974, December 22, 1976, December 18, 1978, June 17, 1981, December 30, 1981, September 19, 1991, January 7, 1993 and March 9, 2000 which provides for participation of Public Agency in said System, Board and Public Agency hereby agree as fellows: A. Paragraphs 1 through 13 are hereby stricken from said contract as executed effective March 9, 2000, and hereby replaced by the following paragraphs numbered 1 through 13 inclusive: 1. All words and terms used herein which are defined in the Public Employees' Retirement Law shall have the meaning as defined therein unless othen~ise spec'~ically provided. "Normal retirement age" shall mean age 55 for local miscellaneous members and age 55 for local safety members. 2. Public AGency shall participate in the Public Employees' Retirement System from and alter August 16, 1967 maki.ng its employees as hereinafter provided, members of said System subject to all provisions of the Public Employees' Retirement Law except such as apply only on election of a contracting agency and am not provided for herein and to all amendments to said Law hereafter enacted except those, which by express provisions thereof, apply only on the election of a contracting agency. 3. Employees of Public Agency in the following classes shall become members of said Retirement System except such in each such class as are excluded by law or this agreement: a. Local Fire Fighters (herein referred to as local safety members); b. Local Police Officers (herein referred to as local safety members); c. Employees other than local safety members (herein referred to as local miscellaneous members). 4. In addition to the classes of employees excluded from membership by said Retirement Law, the following classes of employees shall not become members of said Retirement System: NO ADDITIONAL EXCLUSIONS 5. After Mamh 1, 1974 and prior to January 1, 1975, those members who were hired by Public Agency on a temporary and/or seasonal basis not to exceed 6 months were excluded from PERS membership by contract. Government Code Section 20305 supersedes this contract provision by providing that any such temporary and/or seasonal employees are excluded from PERS membership subsequent to January 1, 1975. 6. The percentage of final compensation to be provided for local miscellaneous members for each year of credited prior and current service shall be determined in accordance with Section 21354 of said Retirement Law, subject to the r~:luction provided therein for service prior to December 31, 1981, termination of Social Security, for members whose service has been included in Federal Social Security (2% at age 55 Full and Modified). 7. The percentage of final compensation to be provided for each year of credited prior and current service for local safety members who elected to continue under the provisions of Section 21366 shall be determined in accordance with Section 21366 of said Retirement Law subject to the reduction provided therein for Federal Social Security (One-half pay at age 55 Modified). 8. Public Agency elected and elects to be subject to the following optional provisions: a. Section 21222.1 (Special 5% Increase-1970). Legislation repealed said Section effective January 1, 1980. b. Section 20965 (Credit for Unused Sick Leave). c. Section 20614, Statutes of 1978, (Reduction of Normal Member -- Contribution Rate). From December 18, 1978 and until June 17, 1981, the normal local miscellaneous member contribution rate shall be 3.500%. Legislation repealed said Section effective September 29, 1980. d. Section 20690, Statutes of 1980, (To Prospectively Revoke Section 20614, Statutes of 1978), for local miscellaneous members only. e. Section 20042 (One-Year Final Compensation) for local miscellaneous members only. f. Section 21024 (Military Service Credit as Public Service), Statutes of 1976 for local miscellaneous members only. g. Section 21573 (Third Level of 1959 Survivor Benefits) for local miscellaneous members. h. Section 21023.5 (Pdblic Service Credit for Peace Corps or America Corps: VISTA Service) for local miscellaneous members only. 9. Public Agency, in accordance with Government Code Section 20790, ceased to be an "employer" for purposes of Section 20834 effective on - December 22, 1976. Accumulated contributions of Public Agency shall be fixed and determined as provided in Government Code Section 20834, and accumulated contributions thereafter shall be held by the Board as provided in Govemment Code Section 20834. 10. Public Agency shall contribute to said Retirement System the contributions determined by actuarial valuations of prior and future service liability with respect to local miscellaneous members and local safety members of said Retirement System. 11. Public Agency shall also contribute to said Retirement System as follows: a. Contributions required per covered member on account of the 1959 Survivor Benefits provided under Section 21573 of said Retirement Law. (Subject to annual change.) In addition, all assets and liabilities of Public A~ency and its employees shall be pooled in a single account, based on term insurance rates, for survivors of all local miscellaneous members. b. A reasonable amount, as fixed by the Board, payable in one installment within 60 days of date of contract to cover the costs of administering said System as it affects the employees of Public - Agency, not including the costs of special valuations or of the periodic investigation and valuations required by law. c. A reasonable amount, as fixed by the Board, payable in one installment as the occasions arise, to cover the costs of special valuations on account of employees of Public Agency, and costs of the periodic investigation and valuations required by law. 12. Contributions required of Public Agency and its employees shall be subject to adjustment by Board on account of amendments to the Public Employees' Retirement Law, and on account of the experience under the Retirement System as determined by the periodic investigation and valuation required by said Retirement Law. 13. Contributions required of Public Agency and its employees shall be paid by Public Agency to the Retirement System within fifteen days after the end of the period to which said contributions refer or as may be prescribed by Board regulation. If more or less than the correct amount of contributions is paid for any period, proper adjustment shall be made in connection with subsequent remittances. Adjustments on account of errors in contributions required of any employee may be made by direct payments between the employee and the Board. B. This amendment shall be effective on the __ day of ., BOARD OF ADMINISTRATION CITY COUNCIL PUBLIC EMPLOYEES' RETIREMENT SYSTEM CITY OF CUPERTINO BY BY KENNETH W. MARZION, CHIEF PRESIDING OFFICER ACTUARIAL & EMPLOYER SERVICES DIVISION PUBLIC EMPLOYEES' RETIREMENT SYSTEM Witness Date Attest: Clerk AMENDMENT PERS-CON-702A (Rev. 8~96) City Hall 10300 Ton Avenue ~ Cupertino, CA 95014-32~5 · (408) 777-:3354 C[TY 0[: FAX (408) 777-3333 CUPE INO PUBLIC WORKS D£PARTMENT Summary AGENDA ITEM f ~ AGENDA DATE April 17, 2000 SUBJECT AND ISSUE Ordinance Amending Chapter 11.34 of the Cupertino Municipal Code: Section 11.34.030, Establishment of Warrants for the Installation and Mnlntennqce of Road Bmnps BACKGROUND Chapter 11.34 of the Municipal Code entitled "Roadway Design Features" was recently ~viewed by staff due to current developments in traffic calming. The Institute of Traffic Engineers sets a guideline of a distance of 150 feet from an intersection of curve in the roadway as a tolerance in instalYmg a road bump. Our current distance is 200 feet. The difference of 50 feet could allow for more flexibility in the installation of road bumps on local neighborhood and collector streets. Therefore, an amendment in the visible distance of 150 feet is reconunended. STAFF RECOMMENDATION that the City Counci! conduct the first reading of Ordinance No./ff ~/~ Staff recommends ~o...~ / Approved for submission: Donald D. Brown . rks . City Manager ORDINANCE NO. 1847 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CUPERTINO AMENDING CHAPTER 11.34 OF THE CUPERTINO MUNICIPAL CODE RELATING TO ROADWAY DESIGN FEATURES AND SECTION 11.34.030 RELATING TO ESTABLISHIVlENT OF WARRANTS FOR THE INSTALLATION AND MAINTENANCE OF ROAD BUMPS THE CITY COUNCIL OF THE CITY OF CUPERTINO DOES HEREBY ORDAIN that Section 11.34.030 be mended to delete the following: Section 11.34.030 Wan'ants for the installation and maintenance of road bumps. H. The minimum distance from an intersection or curve to the mad bump shall be two hundred feet. THE CITY COUNCIL OF THE C1TY OF CUPERTINO DOES H~.REBY ORDAIN that Section 11.34.030 be emended to delete the following: Section 11.34.030 Warrants for the installation and maintenance of road bumps. H. The minLmum distance from an intersection or curve to the road bump shall be one hundred fifty feet. INTRODUCED at a regular meeting of the City Council of the City of Cupertino this 17m day of April, 2000 and ENACTED at a regular meeting of the City Council of the City of Cu~o this day of , 2000, by the following vote: Vote Members of the City Council AYES: NOES: ABSENT: ABSTAIN: ATTEST: APPROVED: City Clerk Mayor, City of Cupertino City Hall 10300 Torr~ Avenue Cupertino, CA 95014-325~ '-- (408) 777-3354 C]'[~' 0]: FAX (408) 777-3333 CUPE INO PUBLIC WORKS DEPARTMENT Summary AGENDA ITEM-~ o AGENDA DATE April 17, 2000 SUB,IECT AND ISSUE Bike Lanes Desi?,tion on Stevens Creek Boulevard from Foothill Boulevard to Stem Avenue BACKGROUND ' Bike lanes are now continuous on both sides of Stevens Creek Boulevard from Foothill Boulevard to · Stem Avenue (eastern city limit). Staffwould like to correct the designations in Section 11.08.250 - Bicycle Lanes, designated in the Municipal Code. STAFF RECOMMENDATION Staff recommends that the City Council conduct the first reading of OrdinRrlce No. ~ designating bicycle lanes on both sides of Stevens Creek Boulevard from Foothill Boulevard ~o ~tem Avenue. Director ef Public Works City Manager Plfnted on Recycled P~er ~fb ~ l ORDINANCE NO. 1848 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CUPERTINO AMENDING SECTION 11.08.250 OF THE CUPERTINO MUNICIPAL CODE RELATING TO ~ DESIGNATION OF BICYCLE LANES THE CITY COUNCIL OF THE CITY OF CUPERTINO DOES HEREBY ORDAIN that Section 11.08.250 be amended to add the following: Street Description Sides Stevens Creek Boulevard Foothill Boulevard to Stem Avenue Both INTRODUCED at a regular meeting of the City Council of the City of Cupertino this 17th day of April, 2000 and ENACTED at a regular meeting of the City Council of th'~-~'ty of Cu'-~-Tfio this day of , 2000, by the following vote: Vote Members of the City Council AYES: NOES: ABSENT: ABSTAIN: ATTEST: APPROVED: City Clerk Mayor, City of Cupertino City Hall i 0300 Torte Avenue _ Cupertino, CA 95014-3255 (408) 777-3354 CiTY OF FAX (408) 777-3333 CUPE INO PUBLIC WORKS DEPARTMENT Summary AGENDA ITEM / AGENDA DATE April 17, 2000 SUBJECT AND ISSUE Authorization to Execute Asreement with Lockheed-Martin IMS for Red Light Rmmin~ Photo Enforcement Systems Prol/ram BACKGROUND Red light rtmning is a serious traffic safety issue in the City of Cupertino. It is the No. 2 primary collision factor in the City (speeding is No. 1). For the three-year period 1997-1999, there were 336 - collisions with 201 injuries related to red light runnln~. In Santa Clara County, tho Traf~c Safe CommHultias Ne~rk~ an alliance of agencies, is addressing red light running. For the next five months, they are implementing a. public education and traffic enforcement campaign aimed at red light runners. The intersection of De Anza Boulevard at Homestead Road is targeted for red light running enforcement during the campaign. Across the country, many cities have successfully installed cameras (also known as photo enforcement systems) at intersections to catch red light running violators since the early 1990s. The photo enforcement systems studies have found that red light rtwnin~ violatiOns were reduced by 42% in Sall Francisco and Oxnard. California has enabling legislation in the California Vehicle Code to permit the use of photo enforcement systems. Photo Enforcement Requirements Photo enforcement requires a picture of the license plate and the driver. This is required because in California, the violation is considered a moving violation and is issued to the person that is operating the vehicle. It generates a minimum fine of $281.00. If the car is loaned out to someone else, the owner of the vehicle will have the opportunity to provide the information ns to who the driver was at the time of the violation so that the citation may be forwarded to the driver. Photo Enforcement Contract On November 30, 1999, the City received four proposals to implement a program nfred light rnnnln_~ photo enforcement systems. A panel selected Lockheed-Martin IMS as the most responsive vundor. .r/n~ on Fteeyc~e~ F~aer C~ I ~ I Lockheed-Martin IMS will deploy systems at the following intersections: · Interstate Route 280 Northbound Ramp at De Anza Boulevard · Interstate Route 280 Southbound Ramp at De Anza Boulevard · Interstate Route 280 Northbound Ramp at Wolfe Road · Interstate Route 280 Southbound Ramp at Wolfe Road · State Route 85 Northbound Ramp at Stevens Creek Boulevard · State Route 85 Southbound ]~Amp at Stevens Creek Boulevard · De Anza Boulevard at Stevens Creek Boulevard Lockheed-Martin IMS will perform the following scope of services in the program: 1. Install red light running photo enforcement systems. 2. Install photo enforcement warning signs. 3. Implement a public information and education campaign in the community, including press releases, brochures, public service announcements, web page. 4. Educate traffic commissioners of the Santa Clara County Superior Court. 5. Establish a telephone "hotline" for violators. 6. Operate and maintain red light running photo enforcement systems. 7. Upgrade systems with the best available technology. 8. Process all traffic citations with Court. 9. Prepare evidence packages for Court. 10. Provide expert witness to testify in court. 11. Train and support City, Sheriff, and Court staff. 12. Furnish monthly performance reports. If the process is successful, Lockheed-Martin IMS can expand the program to other traffic signals. They will upgrade their systems with the best available technologies when they are proven. Lockheed-Martin IMS will pay $150,000, adjusted annually, to the City for a minimum term of five years. They will receive ail net revenues to the City for red light running violation citations. The City will use the monies to hire a full-time Sheriff Deputy. The Sheriff Deputy will focus on red light running violations processing, traffic enforcement, and public education. There is no financial risk to the City unless the City wishes to terminate prior to the end of the term. The cancellation fee is based on a formula to recover capital costs for the first three years. STAFF RECOMMENDATION Staff recommends that the City Council adopt Resolution No. d~=--Itl, authorizing execution of an agreement on the red light running photo enforcement systems. Su~j~~ff Approved for submission: ~' ° ~uV'~i~c Wor~irector of Pubhc Works '~ ~ C ityD°naldManagerD' Brown RESOLUTION NO. 00-121 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO AUTHORIZING EXECUTION OF AGREEMENT BETWEEN LOCKHEED-MARTIN IMS AND ~ CITY OF CUPERTINO FOR RF~ LIGHT RUNNING PHOTO ENFORCEMENT SYSTEMS PROGRAM WHEREAS, there has been presented to the City Council a proposed agreement between Lockheed-Martin IMS and the City of Cupertino to deploy and implement a program of red light running photo enforcement systems; and WHEREAS, the provisions, terms, and conditions of said agreement have been r~viewed and approved by the Director of Public Works and the City Attorney. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Cupertino hereby approves the agreement end authorizes the Mayor and the City Clerk to execute said agreement on behalf of the City of Cupertino. PASSED AND ADOPTED at a regular meeting of the City Council of the 'City of Cupertino this 17a day of April, 2000, by the following vote: Vote Members of the City Council AYES: NOES: ABSENT: ABSTAIN: ATTEST: APPROVED: City Clerk Mayor, City of Cupertino City Hall 10300 Torte Avenue Cupertino, CA 95014-3255 (40a) 777.3s~4 CITY OF FAX (408) 777-3333 CUPERJINO PUBUC WORK8 D£PAR~ Summary AGENDA ITEM ~' Iq AGENDA DATE S CT AND ,' Authorizing selection of steering commit~te¢ for n~w Cupertino library building. BACKGROUND The next st~ toward building a n~v llbmry building in the Civic Center is to ~/~point a Library Building Steering Committee to begin the process. The composition of the Committee should include various community groups. The following groups ar~ suggested for your consideration nnd approval: 2 City Council members: Michael CI2ng, Sandra James Planning Commissioner: Clutrles Corr Neighborhood ~-~re~ntative: Dorothy Stow ¥onth Sport~: Bob Joyce, C¥SA Soccer Friends of the CUl~rtino Library: Jean C211up Libnu'y Commissioner: To be ~elected by the Commission 2 Community-at-large members: City Council to appoint 2 Santa Clara County Library staff: Mary-Ann Wallace, Julis F~rn~vorth 3 Public Work~ ~ff: Carm~n Lynaugh, Bob PAzzo, Bert Viskovich Upon coILfi._rmation of ~l member, file CommiR~'S first order of business will be to d~wlup an RFP and interview architects. STAFF RECOMMENDATION Staff recommends that tbe City Council approve the mem~r list for the Library Building Steering Committ~. S~_'~ ~ Approved for submission: Donald D. ~rown CityManag~r City Hnll 10300 Tom Avenue Cupertino, CA 95014 Tel= (408)777-3212 CITY OF ~:AX: (408) 77%3366 CUPI R INO donb( cupet no.org Ol-l'lCE OF THE CITY MANAGER April 3, 2000 TO: The Hun. Mayor and Members of~e~unn¢il FROM: Donald D. Brown, City Manage~ /~ SUBJECT: Appoinm~ent of At-Large MemSe~l to Libra~ Building Steering Committee At your last meeting you approved the establishment of a Library Building Steering Committee. You agreed to naming two representatives from the community-at-large at the April 3, 2000, city council meeting. The following names have been submitted by council membe~ to fill the two comm~tuity-at-large positions un the COmmitt~: Sendra James: , 1. Elinora Mnntovnui: Apple Computer, Director o£ Law Dept., Active parent in Cupertino schools, Technology bsckground 2. Steve Andrews: Community volunteer;, Co,hair "Yes un A" campaign committee 3. John Gatto: Former council nmi planning commiasiun member;, Architect 4. Carl Brown: DeAnza Technology Center; ADA input 5. High School Student: To be nnmed (from Tomorrows Lenders Today) 6. FUHSD Representalive: To be nsmed (high school library input) Michael Chang: 1. Jai Li Lee: City of Snn Jose Librmian; Member of Libnn'y Expnnsiun Committee Richard Lowenthal: 1. Cathy ur Chris Cmtley: Parents of school aged children; Aclive in PTA; Leadership Cupertino parlicipents; Cathy is un Skateboard Committee 2. Linda Uno-sum: Parent; AcliveinRegnart PTA 3. On'in Mnhoney: Parent; Former plnnning commissioner 4. Wally Desn: Former council member;, former youth sports activist ORDINANCE NO. 1845 AN ORDINANCE OF THE CITY COUNCIL OF THE Cl'rl/' OF CUPERTINO PREZONING AN EXISTING SINGLE-FAMILY RESIDENTIAL LOT LOCATED AT 10322 STELLING ROAD TO PRE RI-10 (SINGLE FAMILY RESIDENTIAL) ZONING DISTRICT WHERt~AS an application was received by the City (Application no. l-Z-00) for the prezoning of proper~ to PP~-RI-10 (Single-family Residential Zoning District); and WHF. i~AS the property is presently uninenrporated, within the City's urban service area and has no City prezoning; WI-I~RI~AS the prezoning is consistent with the City's general plan land use map, proposed uses and surrounding uses; WHEREAS the prezoning will enable the propel'ty owner to d~velop his property in accordance with City residential development standards; WHEREAS upon due notice and after one public hearing the Planning Commission recommended to the City Council that the prezoning be ~ranted; and WHEREAS a map of the subject pwperty is attached hereto as Exhibit A as a proposed amendment to the Master Zoning Map of the City of Cupe~ino. NOW, THEREFORtl, BE IT ORDAINED AS FOLLOWS: Section 1. That the property described in attached F_.xhibit B is hereby prezoned to PRE-RI-10, Single-family Residential Zoning District; and that Exhibits A & B attached hereto are made part of the Master Zoning Map of the City of Cupertino. Section 2. This ordinance shall take effect and be in force thirty (30) days after its passage. INTRODUCED at a regular meeting of the City Council of the City of Cupertino the 3rd day of April, 2000 and ENACTED at a regular meeting of the City Council of the City of Cupertino the day of ,2000, by the following vote: Vote Members of the City Council AYES: NOES: ABSENT: ABSTAIN: ATTEST: APPROVED: City Clerk Mayor, City of Cupertino EXHIBIT A EXHIBIT A Order NO. 73~898 EXHIBIT "ONE" Lot 103, as delineated upon that certain Map entitled 'Tract ;4o. 783 Garde'ngate Village Addition", filed f,~r record in the office of the Recorder of the County of Santa Clara, State of California, on September 06, 1950 in Book 30 of maps,, at page 30, 31, 32 and 33. Excepting therefrom all water rights, int.,rests or claims, whe,her riparian, appropriated, prescriptive or otherwise, appurtenant to said I~nds as reserve~ ;" the Deed to Calor Construction Co., recorded on August 11, 195C n Book 2033 of Official Records. page Assessor's Parcel No: 326-30-089