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CC 06-03-02DRAFT RESOLUTION NO. 02-096 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 MAY 17, 2002 WHEREAS, the Director of Administrative Services or her designated representative has certified to accuracy of the following claims and demands and to the availability of funds for payment hereof; and WHEREAS, the said claims and demands have been audited as required by law. NOW, THEREFORE, BE IT RESOLVED, that the City Council hereby allows the following claims and demands in the 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 ., 2002, by the following vote: Vote Members of the City Council AYES: NOES: ABSENT: ABSTAIN: ATTEST: APPROVED: City Clerk Mayor, City of Cupertino o5/16/o2 ACCOUI'~ING PERIOd: 11/02 CITY OF CUPERTINO CH~CK REGISTER - DISBURSEMENT FUND SELECTION CRITERIA: transact.trans_date between "05/13/2002" and "05/17/2002" FUND - 110 - GENERAL FUND CASH ACCT CHECK NO 1020 587935 V 09/21/01 M 1020 588014 V 09/21/01 M 1020 588130 V 09/21/01 M 1020 588215 V 09/28/01 M 1020 588300 V 09/28/01 M 1020 588323 V 09/28/01 M 1020 588381 V 10/05/01 M2002 1020 588690 V 10/19/01 M 1020 588858 V 10/26/01 M 1020 588923 V 10/26/01 M 1020 588961 V 10/26/01 M 1020 589109 V 11/02/01 1016 1020 592247 V 04/12/02 M2002 1020 593012 05/17/02 2679 1020 593012 05/17/02 2679 TOTAL CHECK 1020 593013 05/17/02 4 1020 593013 05/17/02 4 1020 593013 05/17/02 4 1020 593013 05/17/02 4 1020 593013 05/17/02 4 TOTAL CHECK 1020 593014 05/17/02 18 1020 593014 05/17/02 18 1020 593014 05/17/02 18 1020 593014 05/17/02 18 TOTAL CHECK 1020 593015 05/17/02 28 1020 593015 05/17/02 28 TOTAL CHECK 1020 593016 05/17/02 29 1020 593017 05/17/02 2276 1020 593017 05/17/02 2276 ISSUE DT .............. VENDOR ............. FUND/DEPT CHUK, OIPING 580 LEE, ANDREA 580 TAHERI, MINA 580 GADEPALLI, ROHINI 580 SANCHEZ, BARBARA 580 THAKAR, ANJANEYA 580 EDENVALE SCHOOL 5600000 GUPTA, BHAVNA 580 GUPTA, BHAVNA 580 PICKEN, JOAN 580 VALTANEN, ARI 580 JOHN STATTON 1101000 BAVC 1103500 /ETC/NETWORKS 6109856 /ETC/NETWORKS 6104800 A T & T 1108501 A T & T 1108501 A T & T 1108501 A T & T 1108501 A T & T 1108501 ADONA OIL CORPORATION ADONA OIL CORPORATION ADONA OIL CORPORATION ADONA OIL CORPORATION 1108407 1108005 1108503 6308840 AIRGAS AIRGAS 6308840 1108501 LYNN~ DIANE AITKEN 5806449 1104510 1104510 ..... DESCRIPTION Refund: Check - SU~ER Refund: Check - SU~ER Refund: Check - SU~9~ER Refund: Check - SU~ER Refund: Check - SU~94ER Refund: Check - FALL. RFND OVERPMNT BBF PICN Refund: Check - FALL. Refund: Check - FALL. Refund: Check - Client Refund: Check - FALL # REPLACEMENT CHECK HTML i ON 6/1,2 (2) NOKIA 256MB UPGRADE SOFTWARE QUOTE 19-02-0 APRIL 2002 SERVICE APRIL 2002 SERVICE APRIL 2002 SERVICE APRIL 2002 SERVICE APRIL 2002 SERVICE HAZ MAT CLEAN-UP HAZ MAT CLEAN-UP HAZ MAT CLEAN-UP HAZ MAT CLEAN-UP FY 2001-2002 OPEN PURC FY 2001-2002 OPEN PURC SERVICE AGREEMENT FOR APRIL 2002 SERVICE APRIL 2002 SERVICE SALES TAX 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 ' 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 PAGE I -11.00 -114.50 -5.50 -5.50 -5.50 -18.50 -85.75 -3S.00 -17.00 -300.00 -20.00 -7c 24 641.20 2092.47 2733.67 17.14 17.14 34.37 17.14 17.14 102.93 1345.00 1375.00 2360.00 1380.00 6460.00 38.12 38.12 76.24 414.00 159.50 2~ qO RUN DATE 05/16/02 TIME 17:55:01 - FINANCIAL ACCOUNTING 05/16/02 CITY OF CUP~.TZNO ACCOUNTING PERIOD= 11/02 C~C~ R~GISTER - DIS~URS~ SF~"'TION CRITERIA: =ransact.trans_date between #05/13/2002" and #05/17/2002" FUND - 110 - GENEP~L FUND CASH ACCT CHECK NO TOTAL CHECK 1020 593018 1020 593019 1020 593020 1020 593020 TOTAL CHECK 1020 593021 1020 593021 1020 593021 1020 593021 1020 593021 1020 593021 TOTAL CHECK 1020 593022 1020 593023 10~'~ 593024 102u 593025 1020 593026 1020 593027 1020 593027 1020 593027 1020 593027 TOTAL CHECK 1020 593028 1020 593029 1020 593030 1020 593031 1020 593032 1020 593033 1020 593033 TOTAL CHECK 1020 593034 1020 593034 Ip~-'' 593034 ISSUE DT .............. VENDOR ............. FUND/DEPT 05/17/02 1532 ALOTTA'S DELICATESSEN 1103501 05/17/02 2071 AMAZON.C OM 1107200 05/17/02 44 AMERICAN RED CROSS 1104400 05/17/02 44 AMERICAN RED CROSS 5806449 05/17/02 2298 ARCH WIRELESS 6104800 05/17/02 2298 ARCH WIRELESS 1106400 05/17/02 2298 ARCH WIRELESS 1108501 05/17/02 2298 ARCH WIRELESS 1107501 05/17/02 2298 ARCH WIRELESS 1104400 05/17/02 2298 ARC~ WIRELESS 1106265 05/17/02 M2002 AUERBACH, MARC 1106343 05/17/02 M2002 BAAMA 6104800 05/17/02 M Bi~KKE, KRISTIAN 580 05/17/02 2601 BALL HITCH RAMPS 4209115 05/17/02 2674 JUDITH A BANDERMANN 5806449 05/17/02 720 BATTERY SYSTEMS 6308840 05/17/02 720 BATTERY SYSTEMS 6308840 05/17/02 720 BATTERY SYSTEMS 6308840 05/17/02 720 BATTERY SYSTEMS 6308840 05/17/02 M2002 05/17/02 91 05/17/02 1272 05/17/02 821 05/17/02 124 05/17/02 1145 05/17/02 1145 05/17/02 1476 05/17/02 1476 05/17/02 1476 BAY ARF, A VIDEO COALITION 1103500 DR JOEL BERGER 5806449 PENS BOORSMA 5806349 BUSINESS AND INDUSTRY IN 1104510 CALIFOP, NIA SAFETY AND SU 6308840 CALIFOP, NIA SURVEYING & D 1107301 CALIFORNIA SURVEYING & D 1108101 CANNON DESIGN GROUP 110 CANNON DESIGN GROUP 110 CANNON DESIGN GROUP 110 ..... DESCRIPTION ...... SALES TAX CATERING FOR PlO SUBURBAN NATION ADMIN FEES LIFEGUARD SUPPLIES 156 5/oi-6/oi 5/oi-6/oi 5/oi-6/oi 5/oi-6/oi 5/Ol-6/oi 5/oi-6/oi REIMBURSEMENTS MEMBERSHIP FEE NOWACK Refund: Check - SPRING PURCHASE OF MOBILE SKA SERVICE AGREF24F~ FOR FY 2001-2002 OPEN PURC RETURN P.O.52036 FY 2001-2002 OPEN PURC FY 2001-2002 OPEN PURC CLASSES/REI & ADONIS SERVICE AGREEMENT FOR D.J.TEENDANCE 5/17 MATERIALS MGMNT TRAINI SUPPLIES 8197 SUPPLIES BOND PAPER ARCHITECT RVW #R8853 ARCHITECT RVW #R17993 ARCHITECT RVW R#17729 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0,00 0.00 0,00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 PAGE 2 AMOUNT 423,50 99.38 100.80 45.00 247.50 292.50 13.59 13.18 81.55 7.59 19.09 11.59 146.59 24.90 20.00 110.00 18406.14 52.00 142.78 -142.78 183.86 142.78 326.64 1090.00 168.00 350.00 45.00 245.48 76.70 96.87 173.57 110.00 770.00 880.00 RUN DATE 05/16/02 TIME 17:55:02 - FINANCIAL ACCOUNTING 05/16/02 CITY OF CUPERTINO ACCOUNTING PERIOD: 11/02 CHECK REGISTER - DISBURSEMENT FUND SELECTION CRITERIA: transact.trans_date between "05/13/2002# and "05/17/2002' FUND - 110 - GENERAL FUND CASH ACCT CHECK NO TOTAL CHECK ISSUE DT .............. VENDOR ............. FUND/DEPT 1020 593035 05/17/02 146 CASH 1106200 1020 593035 05/17/02 146 CASH 5800000 1020 593035 05/17/02 146 CASH 5806349 1020 593035 05/17/02 146 CASH 1106343 1020 593035 05/17/02 146 CASH 5806449 1020 593035 05/17/02 146 CASH 1106343 TOTAL CHECK 1020 593036 05/17/02 149 CASH 1104400 1020 593036 05/17/02 149 CASH 1108201 1020 593036 05/17/02 149 CASH 1104000 1020 593036 05/17/02 149 CASH 1101000 1020 593036 05/17/02 149 CASH 1107301 1020 593036 05/17/02 149 CASH · 1101070 TOTAL CHECK 1020 593037 05/17/02 2646 COW-G 6109856 1020 593037 05/17/02 2646 CDW-G 6109856 TOTAL CHECK 1020 593038 05/17/02 2626 1020 593039 05/17/02 1432 1020 593040 05/17/02 M2002 1020 593041 05/17/02 2026 1020 593042 05/17/02 184 1020 593043 05/17/02 2235 1020 593044 05/17/02 M2002 1020 593045 05/17/02 2230 1020 593046 05/17/02 207 1020 593047 05/17/02 676 1020 593048 05/17/02 214 1020 593049 05/17/02 1983 1020 593050 05/17/02 M 1020 593051 05/17/02 M 1020 593052 05/17/02 220 CHANG, CHEN-YA 1103300 CHILDREN'S DISCOVERY MUS 5806349 CINDY MCARTHUR 1101000 COOPERATIVE PERSONNEL SE 1108601 JAMES COURTNEY 5606620 CSR DESIGN 1109215 CUPERTINO QUOTA 1103300 NANCY CZOSEK 1107200 DE ANZA COLLEGE 1101000 DEPARTMENT OF JUSTICE 1104510 DEPARTMENT OF TRANSPORTA 1108602 DESILVA GATES CONSTRUCTI 2709450 DING, JOSEPHINE 580 DING, JOSEPHINE 580 DISCOUNT SCHOOL SUPPLY 5806349 ..... DESCRIPTION ...... PETTY CASH 4/03-5/02 PETTY CASH SHORT PETTY CASH 4/03-5/02 PETTY CASH 4/03-5/02 PETTY CASH 4/03-5/02 PETTY CASH 4/03-5/02 PETTY CASH 5/08-5/14 PETTY CASH 5/08-5/14 PETTY CASH 5/08-5/14 PETTY CASH 5/08-5/14 PETTY CASH 5/08-5/14 PETTY CASH 5/08-5/14 MS EXCHANGE 2000 SERVE MS EXCHANGE 2000 SERVE MONITOR/CLIPPING APR02 FIELD TRIP 5/03 J.HAMILTON FAREWELL RECRUITMENT APRIL 2002 SERVICE AGREEMENT FOR ADDITIONAL CHAIRS LUNCH 5/23 R.KITSON CO~Fu~NITY CONGRESS LNC DINNERS 5/03/02 FINGERPRINT APPS APRIL FY 2001-2002 0P~/~ PURC PUBLIC WORKS CONTRACT Refund: Check - RETURN Refund: Check - CANCEL SUPPLIES 17028 SALES TAX 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 PAGE 3 AMOUNT 1760.00 30.00 5.00 114.75 25.50 17.30 19.57 212.12 56.85 90.00 6.56 129.25 51.46 12.99 347.11 271.20 34362.89 34634.09 20~ O0 4~... O0 55.00 3244.01 200.00 4049.96 15.00 177.52 3640.00 448.00 142.88 877.50 300.00 30.00 RUN DATE 05/16/02 TINE 17:55:03 - FINANCIAL ACCOUNTING 05/~6/02 c~ oF ACCOUNTING PERIOD: 11/02 CHECK R~T~TER ~ D~R~ ~ s~zoN ~IA: ~nsac~.~s_da~e between ~05/13/2002~ and ~0~l~200R~ ..... DESCRIPTION ...... SALEST~ PAGE 4 1020 593053 05/17/02 222 1020 593054 05/17/02 2664 1020 593055 05/17/02 1912 1020 593056 05/17/02 260 1020 593056 05/17/02 260 1020 593056 05/17/02 260 TOTAL C~ECK 1020 593057 05/17/02 1255 1020 593057 05/17/02 1255 TOTAL CHECK 1020 593058 05/17/02 818 1020 593058 05/17/02 818 TOTAL C~ECK 1020 593059 05/17/02 277 ~m*'~ 593060 05/17/02 278 102u 593061 05/17/02 1651 1020 593062 05/17/02 M2002 1020 593063 05/17/02 1741 1020 593064 05/17/02 298 1020 593064 05/17/02 298 1020 593064 05/17/02 298 1020 593064 05/17/02 298 1020 593064 05/17/02 298 1020 593064 05/17/02 298 1020 593064 05/17/02 298 TOTAL CHECK 1020 593065 05/17/02 1766 1020 593066 05/17/02 899 1020 593067 05/17/02 315 1020 593068 05/17/02 2522 1020 593069 05/17/02 2064 1020 593070 05/17/02 M~2002 DKS ASSOCIATES 4209535 KAT~U~EEN DUTIA 5806449 ELESCO:EMERGENCY LIGHTIN 1108504 FEDERAL EXPRESS CORP 1108601 FEDERAL EXPRESS CORP 1101000 FEDERAL EXPRESS CORP 6104800 FIRST AUTOMOTIVE DISTRIB 6308840 FIRST AUTOMOTIVE DISTRIB 6308840 SERVICE AGREEMENT FOR SERVICE AGREEMENT FOR PARTS/SUPPLIES COURIER SERVICE COURIER SERVICE COURIER SERVICE FY 2001-2002 OPEN PURC RETURN P.0.52058 FLOYD D BROWN 1108503 PARTS FLOYD D BROWN 1108501 FIRE EXTRECHARGE JOHN FUNG 5806249 GAB CONSTRUCTION INC 2709440 VERA GIL 1107405 GOJO ETEIOPIAN RESTAURAN 5506549 GOVCONNECTION, INC. 1108407 GRAINGER INC 1108503 GRAINGER INC 1108503 GRAINGER INC 1108503 GRAINGER INC 2708405 G~AINGER INC 1108503 GRAINGER INC 1108503 GRAINGER INC 1108503 GRANITE ROCK COMPA~Y 2708404 GUZZARDO & ASSOCIATES IN 2709446 JILL Fu%FF 5806449 LYNN HELLER 5506549 HOWARD G HOFF JR. 1104400 HOFFMAN, MABEL 5506549 SERVICE AGREEMENT FOR PUBLIC WORKS CONTRACT PERDIEM CONF 5/8-9 INT ' L LUNC~ PRINTER/SUPPLIES 15512 PARTS/SUPPLIES PARTS/SUPPLIES RETURN P.0.8243 PARTS/SUPPLIES 8263 PARTS/SUPPLIES PARTS/SUPPLIES PARTS/SUPPLIES PATCHING MATERIALS 825 SERVICE AGREEMENT FOR SERVICE AGREEMENT FOR SERVICE AGREEMENT FOR SERVICE AGREEMENT FOR PIZZA LUNCH 5/03/02 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 5596.51 207.00 74.45 15.36 28.28 42.53 86.17 75.14 -53.49 21.65 55.21 30.00 85.21 145.50 2250.00 84.00 420.00 293.80 121.69 355.87 ~364.96 443.77 94.48 45.35 1474.66 2170.86 527.72 3000.00 345.00 630.00 80.00 234.60 RUN DATE 05/16/02 TIME 17:55:03 FINANCIAL ACCOUNTING 05/16/02 CITY OF CUPERTTNO PAGE 5 ACCOUNTING PERIOD: 11/02 O.~:CK REGISTER - DISBURSEMENT FUND SELECTION CRITERIA: transact.trans_date between "05/13/2002' and "05/17/2002# FUND - 110 - GENER~ FUND CASH ACCT CHECK NO ISSUE DT .............. VENDOR ............. FUND/DEPT 1020 593071 05/17/02 334 HOME DEPOT/GECF 1108407 1020 593071 05/17/02 334 HOME DEPOT/GECF 1108312 1020 593071 05/17/02 334 HOME DEPOT/GECF 5606620 1020 593071 05/17/02 334 HOME DEPOT/GECF 1108315 1020 593071 05/17/02 334 HO~E DEPOT/GECF 1108315 1020 593071 05/17/02 334 HOME DEPOT/GECF 5606620 1020 593071 05/17/02 334 HOME DEPOT/GECF 1108315 1020 593071 05/17/02 334 HOME DEPOT/GECF 5606620 1020 593071 05/17/02 334 HOME DEPOT/GECF 1108312 1020 593071 05/17/02 334 HOME DEPOT/GECF 5606620 1020 593071 05/17/02 334 HOME DEPOT/GECF 1108315 1020 593071 05/17/02 334 HOME DEPOT/GECF 5606620 1020 593071 05/17/02 334 HOME DEPOT/GECF 1108314 1020 593071 05/17/02 334 HOME DEPOT/GECF 1108407 1020 593071 05/17/02 334 HOME DEPOT/GECF 1108503 1020. 593071 05/17/02 334 HOME DEPOT/GECF 5606620 1020 593071 05/17/02 334 HOME DEPOT/GECF 1108503 1020 593071 05/17/02 334 HOME DEPOT/GECF 5606620 1020 593071 05/17/02 334 HOME DEPOT/GECF 1108407 1020 593071 05/17/02 334 HOME DEPOT/GECF 1108402 TOTAL CHECK 1020 593072 05/17/02 339 ICBO 1107501 1020 593073 05/17/02 M2002 IKAROS C~IA~PTER 5600000 1020 593074 05/17/02 M2002 INSTANT SIGN SPOT 1103300 1020 593075 05/17/02 ME2002 IRWIN, MELANIE 1106200 1020 593075 05/17/02 ME2002 IRWIN, MELANIE 1106200 TOTAL CHECK 1020 593076 05/17/02 M2002 ISA 1108408 1020 593077 05/17/02 1934 JIM'S REFRIGERATION 5606620 1020 593078 05/17/02 M JOHNSTON, TED 580 1020 593079 05/17/02 369 1020 593079 05/17/02 369 TOTAL CHECK KELLY-MOORE PAINT CO INC 1108508 KELLY-MOORE PAINT CO INC 1108508 1020 593080 05/17/02 M KEYASHIAN, AMALIA 580 1020 593081 05/17/02 M KIM, ~YI SOOK 580 1020 593082 05/17/02 373 KIRK XPEDX 1104310 1020 * 593083 05/17/02 377 PETER KOEHLER 5806249 1020 593084 05/17/02 1258 DONNA KREY 1103501 ..... DESCRIPTION ...... SUPPLIES 8205 SUPPLIES 8236 SUPPLIES 15760 SUPPLIES 8230 SUPPLIES 8229 SUPPLIES 15758 SUPPLIES 8223 SUPPLIES 15753 SUPPLIES 8216 SUPPLIES 15750 SUPPLIES 8204 RETURN 15748 SUPPLIES 27176 SUPPLIES 8239 SUPPLIES 8195 SUPPLIES 15761 SUPPLIES 22476 SUPPLIES 15749 SUPPLIES 27175 SUPPLIES 8184 DUES J. AiTTONUCCI REIMBURSEMENT GRP RATE CHILDRENS ART WINNERS P.DIEM CANADA 5/21-26 P.DIEM CANADA 5/21-26 2001 CERT STUDY GUIDE SUPPLY AND INSTALL 2 S Refund: Check - SPRING PAINT SUPPLIES PAINT SUPPLIES 8269 Refund: Check - Cancel Refund: Check - SPRING FY 2001-2002 OPEN PURC SERVICE AGREEMENT FOR C~EST SCRIPTS SALES TAX 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 129.47 41.36 540.17 499.43 63.56 248.62 289.97 270.77 29.27 289.79 50.23 -32.37 20.49 494.24 165.56 229.78 14.06 236.10 40.92 228.15 3849.57 19c O0 32~..u0 566.25 100.00 427.00 527.00 338.95 9400.00 28.50 209.76 33.20 242.96 105.00 98.00 338.02 351.00 6~ qO RUN DATE 05/16/02 TIME 17:55:04 - FINANCIAL ACCOUNTING o5/16/o2 cz~ oP CUPERTZNO ACCOUNTING PERIOD: 11/02 C~ R~GISTER - DISBURSEMENT FUND S~'--'-rION CRI~RIA: transact.trans_(~ate between "05/13/2002" and "05/17/2002" FUND - 110 - GENER;tL FUND CASH ACCT CHECK NO ISSUE DT .............. VENDOR ............. FUN/)/DEPT 1020 593085 05/17/02 385 LAB SAFETY SUPPLY 1108503 1020 593085 05/17/02 385 ~ SA/~E~"f SUPPLY 2109612 1020 593085 05/17/02 385 LAB SAFETY SUPPLY 1108503 TOTAL CHECK 1020 593086 05/17/02 1356 1020 593087 05/17/02 1356 1020 593088 05/17/02 1356 1020 593089 05/17/02 M2002 1020 593090 05/17/02 408 1020 593091 05/17/02 2157 1020 593092 05/17/02 444 1020 593092 05/17/02 444 1020 593092 05/17/02 444 TOTAL CHECK i 593093 05/17/02 447 10~o 593093 05/17/02 447 1020 593093 05/17/02 447 1020 593093 05/17/02 447 TOTAL CHECK 1020 593094 1020 593095 1020 593096 1020 593097 1020 593097 1020 593097 TOTAL CHECK 1020 593098 1020 593099 1020 593100 1020 593101 1020 593102 ~ 593103 05/17/02 455 05/17/02 463 05/17/02 1728 05/17/02 465 05/17/02 46S 05/17/02 465 05/17/02 466 05/17/02 1137 05/17/02 2657 05/17/02 M 05/17/02 M 05/17/02 1550 LEXISNEXIS MATTHEW BENDE 1101500 LEXISNEXIS MATTHEW BENDE 1101500 LEXISNEXIS MATTHEW BENDE 1104300 LOCAL GO%~W_N~ PUBLICA 1101500 LOS GATOS MEAT & SMOKEHO 5606620 SUMAKO MINATO 5806349 MINTON'S LUMBER 1108315 MINTON'S LUMBER 1106343 MINTON'S LUMBER 1108315 MISSION UNIFORM SERVICE MISSION UNIFORM SERVICE MISSION UNIFORM SERVICE MISSION UNIFORM SERVICE 1108201 1108201 1108201 1108201 HEATHER MOLL 5806249 VICTOR G MOSSOTTI 5806449 MOST DEPENDAB~ FOUNTAIN 1108315 MOUNTAIN VIEW GARDEN CEN 1108312 MOUNTAIN VIEW GARDEN CEN 1108312 MOUNTAIN VIEW GARDEN CEN 1108312 MPA DESIGN 4209119 EILEEN ~JRRAY 1101500 KIMMYLIUS 5606620 NAIK, SREE 580 NAJMI, STEFAN 580 ADONIS L NECESI~) 1103500 DESCRIPTION ...... PARTS/SUPPLIES 8248 COMPLETE FOUR GAS MONI PARTS/SUPPLIES 8248 #0010034720 CA DEER 02 RVS MUNICODES UPDATE 52049 LOGTIN CA LAND USE 2D FY 2001-2002 OPEN PURC JAPANESE BOOK PARTS/SUPPLIES 16133 BROOMS 23399 PARTS/SUPPLIES 16134 FY 2001-2002 OPEN PURC FY 2001-2002 OPEN PURC FY 2001-2002 OPEN PURC FY 2001-2002 OPEN PURC SERVICE AGREEMENT FOR SERVICE AGREEMENT FOR PARTS/SUPPLIES 15423 FY 2001-2002 OPEN PURC FY 2001-2002 OPEN PLTRC FY 2001-2002 OPEN PURC SERVICE AGREF2~ENT FOR R~IMBU~S~)~T OF EXPS SERVICE AGREEMENT FOR Refund: Check - Rental Refund: Check - Rental SERVICE AGREEMENT FOR S~J~E S TAX 0.00 0.00 0.00 0,00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 PAGE 6 124.88 4153.84 150.30 4429.02 298.79 245.81 4849.60 99.76 1019.05 48.71 44.79 20.00 22.40 87.19 3.39 75.91 103.31 6.78 189.39 618.00 115.00 248.95 58.35 43.85 395.93 498.13 624.58 438.86 190.00 300.00 600.00 795.00 RUN DATE 05/16/02 TIME 17:55:05 - FINANCIAL ACCOUNTING 05/16/02 CITY OF CUPERTINO ACCOUNTING PERIOD: 11/02 CHECK P~GI~T~A - DISBURSEMENT FUND SELECTION CRITERIA: transact.trans_date between ~05/13/2002" and ~05/17/2002' FUND - 110 - GENERAL FUND CASH ACCT C~ECK NO ISSUE DT .............. VENDOR ............. FUND/DEFT ..... DESCRIPTION ...... SALES TAX PALE 7 1020 593104 05/17/02 484 NEW PIG CORP 6308840 1020 593105 05/17/02 1970 BARBARA NUNES 2204011 1020 593106 05/17/02 499 DEBBIE O'NEILL 5606620 1020 593107 05/17/02 493 OFFICE DEPOT 1101000 1020 593107 05/17/02 493 OFFICE DEPOT 1107301 1020 593107 05/17/02 493 OFFICE DEPOT 1101000 1020 593107 05/17/02 493 OFFICE DEPOT 1104000 1020 593107 05/17/02 493 OFFICE DEPOT 1107301 1020 593107 05/17/02 493 OFFICE DEPOT 1104400 1020 593107 05/17/02 493 OFFICE DEPOT 2204011 1020 593107 05/17/02 493 OFFICE DEPOT 1101000 TOTAL C~ECK 1020 593108 05/17/02 495 OFFICE }{~LPER 1106100 1020 593108 05/17/02 495 OFFICE HELPER 1106100 1020 593108 05/17/02 495 OFFICE ~]~LPER 1104000 1020 593108 05/17/02 495 OFFICE HELPER 1104000 TOTAL CHECK 1020 S93109 05/17/02 M2002 OLD COUNTRY ROOFING 1100000 1020 593110 05/17/02 503 ORCHARD SUPPLY 5606620 1020 593110 05/17/02 503 ORCHARD SUPPLY 5606620 1020 593110 05/17/02 503 ORCHARD SUPPLY 5606620 TOTAL CHECK 1020 593111 05/17/02 507 DAN OSBORNE DBA:OSBORNE 1108602 1020 593111 05/17/02 507 DAN OSBORNE DBA:OSBORNE 1108501 1020 593111 05/17/02 507 DAN OSBORNE DBA:OSBORNE 1108501 TOTAL CHECK 1020 593112 05/17/02 511 PACIFIC BELL 6104800 1020 593112 05/17/02 511 PACIFIC BELL 1108501 TOTAL CHECK 1020 593113 05/17/02 511 PACIFIC BELL 1108509 1020 593113 05/17/02 511 PACIFIC BELL 1108508 1020 593113 05/17/02 511 PACIFIC BELL 1108201 1020 593113 05/17/02 511 PACIFIC BELL 1106500 1020 593113 05/17/02 511 PACIFIC BELL 5606640 1020 593113 05/17/02 511 PACIFIC BELL 1108507 1020 593113 05/17/02 .511 PACIFIC BELL 1108201 1020 593113 05/17/02 511 PACIFIC BELL 1108501 1020 593113 05/17/02 511 PACIFIC BELL 5606620 TOTAL'CHECK 1020 593114 05/17/02 513 PACIFIC GAS & ELECTRIC ( 1108602 SUPPLIES 8262 TIT GRAD SUPPLIES SERVICE AGREEMENT FOR SUPPLIES SUPPLIES SUPPLIES SUPPLIES SUPPLIES SUPPLIES SUPPLIES SUPPLIES SUPPLIES SUPPLIES RETURN SUPPLIES DUPLICATE B.LICENSE FY 2001-2002 OPEN PUEC ON-TIME DISCOUNT FY 2001-2002 OPEN PURC TIME/MATERIALS TIME/MATERIALS TIME/MATERIALS 4/26-5/25 4/13-5/12 APRIL 2002 SERVICE APRIL 2002 SERVICE APRIL 2002 SERVICE APRIL 2002 SERVICE APRIL 2002 SERVICE APRIL 2002 SERVICE APRIL 2002 SERVICE APRIL 2002 SERVICE APRIL 2002 SERVICE 4/02-5/02 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 409.51 42.76 190.00 49.78 359.82 94.65 55.01 18.70 16.22 64.93 65.97 ~25.08 14.24 55.28 -81.07 81.07 69.52 286.16 -3.72 126.05 408.49 185.00 425.00 325.00 935.00 670.72 324.00 994.72 54.55 58.65 60.37 55.64 154.45 54.73 120.54 96.60 162.33 817.86 RUN DATE 05/16/02 TIME 17:55:05 - FINANCIAL ACCOUNTING 05/16/02 ciTY OF CUP~TINO ACCOIH~TING PERIOD: 11/02 (~C~(~]~I~T~ - DISRURSEM~}~T FUND S~ION CRITERIA: transact.trans_clate between #05/13/2002" and '05/17/2002" FUND - 110 - GENERAL FUND CASH ACCT CH~CK NO 1020 593114 TOTAL CHECK ISSU~ DT .............. VENDOR ............. FUND/DEPT 05/17/02 513 PACIFIC GAS & ELECTRIC ( 1108407 1020 593115 05/17/02 515 1020 593115 05/17/02 515 TOTAL CHECK PACIFIC WEST SECURITY IN 1108501 PACIFIC WEST SECURITY IN 1108501 1020 593116 05/17/02 M PASTUSZKA, LUCYNA 580 1020 593117 05/17/02 2654 PE~ 1108602 1020 593118 05/17/02 545 JEFF PISERCHIO 5606640 1020 593119 05/17/02 2441 RENEE P~EY 5806249 1020 593120 05/17/02 576 REED & GRAHAM INC 2708403 1020 593121 05/17/02 581 RELIABLE 1104300 1020 593121 05/17/02 581 RELIABLE 1107301 1020 593121 05/17/02 581 RELIABLE 1107301 1020 593121 05/17/02 581 RELIABLE 1107301 1020 593121 05/17/02 581 RELIILBLE 1104300 TO--' CHECK 10~u 593122 05/17/02 2482 1020 593123 05/17/02 600 1020 593124 05/17/02 601 1020 593125 05/17/02 M 1020 593126 05/17/02 437 1020 593127 05/17/02 621 1020 593128 05/17/02 959 1020 593129 05/17/02 625 1020 593129 05/17/02 625 1020 593129 05/17/02 625 1020 593129 05/17/02 625 1020 593129 05/17/02 625 1020 593129 05/17/02 625 TOTAL CHECK 1020 593130 05/17/02 626 1020 593131 05/17/02 628 L~ 593132 05/17/02 637 REI CONSULTING 6104800 ROTO-ROOTER SEWER SERVIC 1108511 ROYAL BRASS INC 6308840 RUBIN, DIMITRI 580 S V C N 1104300 SAN JOSE MERCURY CLASSIF 1104510 SAN JOSE MERCURY NEWS 1104000 SAN JOSE WATER COMPANY 1108407 SAN JOSE WATER COMPANY 1108407 SAN JOSE WATER COMPANY 1108407 SAN JOSE WATER COMPANY 1108407 SAN JOSE WATER COMPANY 1108314 SAN JOSE WATER COMPANY 1108407 SANTA CLARA CO DEPT OF R 1102100 SANTA CLARACOUNTY SHERI 1102100 SARATOGA BUILDERS 4249210 ..... DESCRIPTION ...... 4/02-5/02 MONITORING FEE MAY2002 MONITORING FEE JUNE200 Refund: Check - SPRING SUPPLIES 16685 GOLF COURSE CON~ACT 1 SERVICE AGREEMENT FOR PARTS/SUPPLIES SUPPLIES 7423 SUPPLIES 12367 SUPPLIES 12367 SUPPLIES 12367 SUPPLIES 7422 J.SEVERANCE W/E 5/10 TIME/MATERI;LLS PARTS 8274 Refund: Check - SUP~4ER FY 2001-2002 OPEN PURC AD%rERTISE 4/14 SUB 6/03-9/01/02 3/o5-s/o2 3/06-5/02 3/os-5/o2 3/o6-s/o2 3/o5-5/o2 3/o6-s/o2 CITATIONS MAR2002 LAW ENFOR~ SERVIC FABRICATION OF CORIAN SALES TAX 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 PAGE 8 9.18 62.50 73.00 73.00 146.00 50.00 307.69 1844.00 891.25 100.23 82.92 122.86 33.01 110.42 46.13 395.34 1008.00 160.50 72.41 381.00 35.00 856.51 40.58 567.87 116.18 44.29 62.56 17.34 29.3S 837.59 2330.00 469939.37 2000.00 RUN DATE 05/16/02 TIME 17:55:06 - FINANCIAL ACCOUNTING 05/16/02 CITY OF CUPERTINO ACCOUNTING PERIOD: 11/02 C~IECK REGISTER - DISBURSEMENT FI]ND SELECTION CRITERIA: transact.trans_date between "05/13/2002" and "05/17/2002" FUND - 110 - GENERAL FUND CASH ACCT CHECK NO ISSUE DT .............. VENDOR ............. FUND/DEPT 1020 593133 05/17/02 2397 1020 593134 05/17/02 647 1020 593135 05/17/02 2313 1020 593135 05/17/02 2313 TOTAL CHECK 1020 593136 05/17/02 M2002 1020 593137 05/17/02 M2002 1020 593138 05/17/02 2016 1020 593139 05/17/02 651 1020 593140 05/17/02 2320 1020 593141 05/17/02 665 1020 593142 05/17/02 M2002 1020 593143 05/17/02 1011. 1020 593144 05/17/02 1090 1020 593145 05/17/02 684 1020 593146 05/17/02 1012 1020 593147 05/17/02 M 1020 593148 05/17/02 951 1020 593149 05/17/02 M 1020 593150 05/17/02 529 1020 593150 05/17/02 529 TOTAL CHECK 1020 593151 05/17/02 695 1020 593151 05/17/02 695 1020 593151 05/17/02 695 TOTAL CHECK 1020 593152 05/17/02 710 1020 593153 05/17/02 696 1020 593154 05/17/02 701 SAVIN CREDIT CORPORATION 1104310 ELIZABETH SHANNON 5806449 SHERVINGTON, SKIP 1102101 SHERVINGTON, SKIP 1102100 SHIRIN, BELLA 2204011 SHYY, BEN 110 SIEMENS BUILDING TEC}{NOL 1108504 SIERRA PACIFIC TURF SUPP 5606640 SNAP-ON INDUSTRIAL 6308840 SOUTH BAY METROPOLITAN 5806449 SOU~ BAY REGIONAL 1104530 STATE BOARD OF EQUALIZAT 110 STATE BOARD OF EQUALIZAT 1104300 CHERYL STODDA~RD 5806449 STOREFRONT DOOR SERVICE 5708510 SUFLETA, ZBIGNIEW 580 SU~ERWINDS GARDEN CNTR, 1108321 SUNG, J~Y-JONG 580 SUNGARD PENTAMATION, INC 1104100 SUNGARD PENTAMATION, INC 6104800 SYSCO FOOD SERVICES OF S 5606620 SYSCO FOOD SERVICES OF S 5606620 SYSCO FOOD SERVICES OF S 5606620 T S K ENTERPRISES INC. 5806249 TADCO SUPPLY 1108501 TARGET STORES 5806349 ..... DESCRIPTION ...... SALES TAX PAGE 9 LEASE JI3NE02 0.00 137.83 SERVICE AGREEMENT FOR 0.00 552.00 TRAINING 4/23-26 0.00 1379.13 SHIRTS/LESZ & RENO 0.00 61.50 0.00 1440.63 TLT GRAD SUPPLIES 0.00 44.92 REFD ENCROACH BOND 0.00 3000.00 PARTS/SUPPLIES 0.0~ 248.47 GOLF COURSE SUPPLIES 0.00 614.74 SUPPLIES 24456 0.00 39.96 SERVICE AGREEMENT FOR 0.00 2423.52 LAWS/ARREST 4/15-19 0.00 70.00 APRIL 2002 PREPAYMENT 0.00 i 3 ANNEX FEE ORANGE AVE. 0.00 300.00 SERVICE AGREEMENT FOR 0.00 345.00 TIME/MATERIALS 0.00 194.50 Refund: Check - SPRING 0.00 160.00 LANDSCAPE SUPPLIES 589 0.00 58.46 Refund: Check - SU~R 0.00 258.00 CONFERENCE FEES 0.00 2325.00 DATA LINE CHRGS APR02 0.00 101.73 0.00 2426.73 FY 2001-2002 OPEN PURC 0.00 5496.35 FY 2001-2002 OPEN PURC 0.00 1480.54 RETURN 0.00 -50.70 0.00 6926.19 SERVICE AGREEMENT FOR 0.00 6451.40 PARTS/SUPPLIES 0.00 504.47 SUPPLIES 25067 0.00 64 RUN DATE 05/16/02 TIME 17:55:07 - FINANCIAL ACCOUNTING ACCOL~'TIN~ PERIOD: CITY OF CUPERTINO C~4ECK REGISTER - DI~BURE~/~'T SP"---"TION CRITERIA: transact.frans_date between "05/13/2002" and "05/17/2002" FUND - 110 - GENERAL FUND CASH ACCT CHECK NO ISSUE DT .............. VENDOR ............. FUND/DEPT 1020 593154 05/17/02 701 TARGET STORES 5606620 1020 593154 05/17/02 701 TARGET STORES 1106200 1020 593154 05/17/02 701 TARGET STORES 1106343 TOTAL CHECK 1020 593155 05/17/02 708 NANCY THOMPSON 5806449 1020 593156 05/17/02 709 LOU ~ 5806449 1020 593157 05/17/02 M TING, JUDY 580 1020 593158 05/17/02 M2002 TODCO 1104400 1020 593159 05/17/02 M2002 TTI BUILDERS/DANIEL GREE 110 1020 593160 05/17/02 724 1020 593160 05/17/02 724 1020 593160 05/17/02 724 1020 593160 05/17/02 724 1020 593160 05/17/02 724 1020 593160 05/17/02 724 1020 593160 05/17/02 724 1~ 593160 05/17/02 724 1 593160 05/17/02 724 TO%~J~ CiiECK TURF & INDUSTRIAL EQUIPM 6308840 TURF & INDUSTRIAL EQUIPM 6308840 TURF & INDUSTRIAL EQUIPM 6308840 TURF & INDUSTRIAL EQUIPM 6308840 TURF & INDUSTRIAL EQUIPM 6308840 TURF & INDUSTRIAL EQUIPM 6308840 TURF & INDUSTRIAL EQUIPM 6308840 TURF & INDUSTRIAL EQUIPM 6308840 TURF & INDUSTRIAL EQUIPM 6308840 1020 593161 05/17/02 1578 1020 593162 05/17/02 2584 UNITED RENTALS 1108321 UNIVERSAL DIALOG, INC. 1103300 1020 593163 05/17/02 310 VERIZON WIRELESS (FORMER 1108501 1020 593164 1020 593164 1020 593164 1020 593164 1020 593164 1020 593164 1020 593164 1020 ,593164 1020 593164 1020 593164 1020 593164 1020 593164 1020 593164 TOTAL CHECK 05/17/02 310 VERIZON WIRELESS 05/17/02 310 VERIZON WIRELESS 05/17/02 310 VERIZON WIRELESS 05/17/02 310 VERIZON WIRELESS 05/17/02 310 VERIZON WIRELESS 05/17/02 310 VERIZON WIRELESS 05/17/02 310 VERIZON WIRELESS 05/17/02 310 VERIZON WIRELESS 05/17/02 310 VERIZON WIRELESS 05/17/02 310 VERIZON WIRELESS 05/17/02 310 VERIZON WIRELESS 05/17/02 310 %r~RIZON WIRELESS 05/17/02 310 VERIZON WIRELESS FORMER 1108501 FORMER 1108503 FORMER 1108504 FORMER 1108505 FORMER 1101200 FORMER 1108602 FORMER 5208003 FORMER 1107501 FORMER 5606620 FORMER 1107503 FORMER 6104800 FORMER 1108102 FORMER 1108201 1020 593165 05/17/02 761 WEDEMEYERBAKERY 5606620 1020 593166 05/17/02 2662 WEST COAST GARAGE DOOR 5606620 ..... DESCRIPTION ...... SUPPLIES 15763 SUPPLIES 23214 SUPPLIES 23241 SERVICE AGREEMENT FOR SERVICE AGREEMENT FOR Refund: Check - SPRING POSTAGE/HANDLING VIDEO REFD ENCROACH BOND FY 2001-2002 OPEN PURC FY 2001-2002 OPEN PURC FY 2001-2002 OPEN PURC RETURN P.0.52034 FY 2001-2002 OPEN PURC FY 2001-2002 OPEN PURC FY 2001-2002 OPEN PLTRC FY 2001-2002 OPEN PURC FY 2001-2002 OPEN PURC RENTAL 8273 TRANSLATION 4/29-5/02 #308957246 APRIL2002 #408456999 APRIL2002 #408456999 APRIL2002 #408456999 APRIL2002 #408456999 APRIL2002 #408456999 APRIL2002 %408456999 APRIL2002 #408456999 APRIL2002 #408456999 APRIL2002 #408456999 APRIL2002 %408456999 APRIL2002 %408456999 APRIL2002 #408456999 APRIL2002 %408456999 APRIL2002 FY 2001-2002 OPEN PLTRC RIDtOVE EXISTING STEEL SALES TAX 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 PAGE 10 102.42 13.62 30.22 163.90 276.00 1511.00 25.00 28.03 500.00 287.86 130.20 16.65 -299.27 3.07 31.79 473.49 121.18 215.87 980.84 73.65 883.80 43.15 351.14 116.23 397.81 132.32 60.10 229.53 56.15 56.15 56.15 344.86 60.10 117.55 420.28 2398.37 328.32 6450.00 RUN DATE 05/16/02 TIWE 17:55:07 - FINANCIAL ACCOUNTING · ~ 05/16/02 CITY OF CUPERTINO ACCOUNTING PERIOD: 11/02 CHECK REGISTER - DISBURSEMENT FUND SELECTION CRITERIA: transact.~rans_date between '05/13/2002" and m05/17/2002m FUND - 110 - GENER.%L FUND CASH ACCT CHECK NO 1020 593167 1020 593168 1020 593169 1020 593169 1020 593169 . TOTAL C~ECK 1020 593170 1020 593171 TOTAL CASH ACCOUNT TOTAL'FUND TOTAL REPORT ISSUE DT .............. VENDOR ............. FUND/DEPT 05/17/02 1937 05/17/02 779 05/17/02 774 05/17/02 774 05/17/02 774 WEST V~I.?.Ry SECURITY 5606620 WEST-LITE SUPPLY CO INC 1108504 WESTEP~ HIGHWAY PRODUCTS 2708405 WESTERN HIGHWAY PRODUCTS 2708405 WESTERN HIGHWAY PRODUCTS 2708405 05/17/02 2174 05/17/02 805 WORLD FL~ SOCIETY 1104000 ZUMWALT ENGINEERING GROU 4209116 ..... DESCRIPTION ...... MASTER LOCKS 15757 PARTS/SUPPLIES FY 2001-2002 OPEN PURC FY 2001-2002 OPEN PURC FY 2001-2002 OPEN PUEC RENEWAL THE FUTURIST PUBLIC WORKS CONTRACT SALES TAX 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 PAGE 11 AMOUNT 62.74 93.10 267.38 431.15 568.31 1266.84 225.00 15884.91 678691.71 678691.71 678691.71 RUN DATE 05/16/02 TIME 17:55:07 - FINANCIAL ACCOUNTING PJ~gOLUTION NUMBER DRAFT A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO ALLOWING CERTAIN CLAIMS AND DEMANDS PAYABLE IN THE AMOUNTS AND FROM THE FUNDS AS HEREINAFTER DESCRIBED FOR SALARIES AND WAGES PAID ON May 24, 2002 WHEREAS, the Director of Administrative Services, or their designated representative has certified to the accuracy of the following claims and demands and to the availability of funds for payment hereof; and WHEREAS, the said claims and demands have been audited as required by law; NOW; THEREFORE, BE IT RESOLVED that the City Council hereby allows the following claims and demands in the mounts and from the funds set forth: GROSS PAYROLL Less Employee Deductions $413,111.85 $(128,015.16) NET PAYROLL Payroll check numbers issued 60204 through 60455 Void check number(s) Director of Administrative Services PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this __ day of ,2001, by the following vote: Vote Members of the Cit3, Council AYES: NOES: ABSENT: ABSTAIN: ATTEST: APPROVED: City Clerk Mayor, City of Cupertino CITY OF CUPE INO City Hall 10300 Torre Avenue Cupertino, CA 95014-3255 Telephone: (408) 777-3220 FAX: (408) 777-3366 DEPARTMENT OF ADMINISTRATIVE SERVICES SUMMARY Agenda Item No. ~' Meeting Date: June 3, 2002 SUBJECT Monthly Treasurer's and Budget Report - April 2002 BACKGROUND Attached is the Treasurer's and Budget report for the period ended April 30, 2002. The report includes all funds in control of the City. Investments The market value of our current portfolio totaled $46.3 million at month end with a maturity value of $45.9 million. The City intends to hold investments until maturity to redeem full value of the securities currently with a maturity value below market value. The current investment portfolio continues to undergo slight changes in composition each month as mortgage securities liquidate and the investment dollars are deposited to the City's Local Agency Investment Fund (LAIF) account. The $2.5 million increase in the total portfolio was anticipated, and due largely to seasonal receipts. The third advance of property taxes from the County (almost $1 million in secured and unsecured property taxes), franchise fees for 2001 (over $750,000) from PG&E, and over $400,000 in park dedication fees on large development projects were received in April. Expenditures remained relatively unchanged from the previous month. The investments of the City of Cupertino are in full compliance with our City investment policy and/or State law. Investments are tiered to adequately provide the City with sufficient cash flows to pay its obligations over the next six months. Revenue/Expenditure Trends Although budget adjustments to record revenue shortfalls and identified departmental savings were not approved by the Council until May, the budgets have been updated on the April General Fund Budget Report and the Summary of Budget Transfers included with this report. Year-to-date revenues and expenditures are therefore more in line with Printed on Recycled Paper the adjusted 2001-02 budget. As of the end of April, total General Fund revenues are lagging 7.6% behind the prior fiscal year receipts. General Fund operating expenditures, which continue to be monitored closely, remain below budget (9.6 %). As the 2002-03 budget is finalized, Staff has recommended that the Economic Uncertainty Reserve be utilized to fund 2001-02 shortfalls. RECOMMENDATION: Staff recommends that the City Council review and accept the April 2002 Treasurer's and Budget report. Submitted by: Deputy~'reasurer Approved for submission: David W. Knapp City Manager City of Cupertino prl1200 I PURCHASE [ MATURITY DESCRIPTION i REF YIELD COST VALUE VALUE I PROErr/LOSS SECURITIES SOLD None SECURITIES MATURED None SECURITIES PURCHASED None CURRENT PORTFOLIO CASH 03/31102 Cupertino National Bank 400,000 400,000 400,000 0 CA 400,000 400,000 400,000 0 CORPORATE BONDS 0 0 0 0 CORP 0 ' 0 0 0 LAIF 2.84% LA 03/31102 State Pool 6f 28,023,638 28,023,658 25,025,658 0 MONEY MARKET FLrNDS 03/31/02 Or~ater Bay Trust Company 6j 2.56% 0 0 0 0 MM MORTGAGE OBLIGATIONS03/31/02 Cupertino Natl-Sweep accoun' 6j 1.33% 1,617,9251'617'923 1,617,9231'617'923 1,617,9231'617'923 0 07/09/93 04/15/07 FHLMC(P) 6k 6.50% 609,488 586,046 610,142 654 09/30/93 09115107 FHLMC(P) 6k 4.33% 413,172 382,014 383,297 (29,875 0gl01/01 05/01/05 FHLMC(P) 6k 5.38% 1,500,000 1,500,000 1,532,534 32,534 08/02/01 02/07/05 FHLMC(P) 6k 5.07% 1,500,000 1,500,000 1,526,967 26,967 08/07/01 08/02/04 FHLMC(P) 6k 5.26% 1,500,000 1,500,000 1,510,212 10,212 09/30/93 05115105 FI-1LMC0a) 6k 6.62% 2,926,477 2,860,000 3,024,544 98,068 MO 8,449,136 g~32g,059 gjgT,695 15g j60 US GOVERNMENT SECURITIES 01/10/00 06/30/02 Treasury Note 6a 6.33% 2,499,709 2,500,000 2,518,850 19,141 06125199 11/30/02 Treasury Note 6a 5.90% 2,499,676 2,500,000 2,554,550 54,g74 02/07/00 06/30/03 Treasury Note 6a 6.62% 2,467,901 2,500,000 2,584,163 116,262 .US 7,467~286 7~00,000 7,6S7,565 190,277 Totnl Managed Portfolio [ 45~957,98~ 45~869,621 I, 46,286,819 328,836 Average Yield 3.82% Average Length to Maturity (in years) 0.71 City of Cupertino April 2002 TRUST & AGENCY PORTFOLIO DATE ADJUSTED [ MARKET.IUNREALIZEE ACTIVITY MATURITY IPURCHASE I MATURITY DESCRIPTION REF YIELD COST VALUE VALUE ]PROFIT/LOSS CERTIFICATES OF DEPOSIT: 07/27/01 06/27/02 Cupertino Natl(Kester Trus0 6b 3.60% 40,163 40,163 40,163 0 Total Trust & Agency Portfolio 40,163 I 40,163 40,163 I BOND RESERVE PORTFOLIO Traffic Impact Franklin Fiduciary Trust 1.60% 19,100 19,100 19,100 0 Reserves 04/06/93 01/01/03 Repo - 93 A Reserve Fd (400972) 0.58% 2,833,435 2,833,435 2,833,435 0 12/16/92 Money Mkt - 92 A Reserve Fd (4009 1.20% 838,411 838,411 838,411 0 12/16/92 Money Mkt - 92 B Reserve Fd (4009 1.19% 1,332,657 1,332,657 1,332,657 0 5,004,503 5,004,503 5,004,503 0 Total Bond Reserve Portfolio 5,023,603 5,023,603 5,023,603 0 US Treasury Notes 16% Mortgage Obligation 18% Money Market 4% Cash I% Investments by Type[ Managed Portfolio [ Corpor~e Bonds (PA LAIF 61% 7.00% Rate of Return Comparison 5.00% 5.00% 4.00% 3.00% 2.00% 1.00% 0.00% 410'~ 5101 6101 7101 8/01 9/01 10/01 1 '1101 12/01 1102 2/02 3102 4~02 !--~-- Cupertino j COMPLIANCE WITH INVESTMENT POLICY City of Cupertino April 30, 2002 Category Standard Treasury Issues No limit Complies US Agencies (eg FHLMC) No limit Complies Medium Term Corporate Bonds/Notes 30% with A rating Comment Complies Complies LAIF ;40 million Money Market Funds 20% Complies Maximum Maturities 25% up to 15 years Complies (FHLMC at 7 yrs) " Remainder up to 5 years Complies Per Issuer Max 0% (except govts) Complies Bankers Acceptances 180 days & 40% Complies Commercial Paper 270 days & 25% Complies Negotiable Certificates of Deposit !30% Complies [ Complies Repurchase Agreements ~365 days Reverse Repurchase agreements !Prohibited Complies ~i~ o_f Cupertino .... General Fund Budget Repo~ Actual Actual % of Budget 4/~/-0~- 2000/~T'i~-dge~ ~__.(Jfi?~2 Buc~g~i i' Y'1:i34-30-0_ __ _1_ YTD4-30-02 Over/Under Analysis of Trends Taxes: Sales Tax 11,000,000 ~-~,~,-000_-!i-~ ___9,7_55,482- _~_--7,8--_5_~,-3_2~9 '- -8.96% Down 19% from last year. Property Tax 3,100,000 3,~7_8_9,000 _____1~,49_174~1 3,079,911 -2.46% Starting 01/02, incl. TEA Allocation (approx. $170k/mo.) Transcient Occupancy 2,282,000 1,460,000 .... !_~683,39_9 __ _ 1,0~9__7_~2~4 .... ~-9.8~1_% Down 34% fi.om last year; consistent with industry Utility Tax 2,397,000 2,699,000 ..... 2_,197~,_3_0_1 !_ ,_9 7_2 ,~61_ 7 .... -~12.30%_ Both years adjusted for $200k New West Rebate Franchise Fees 1,894,000 2,214,000 1,671,364 1,906,714 3.34% Other Taxes 1,530,000 1,120,000 979,331 843,258 -9.65% Property transfer taxes off38% ($144k) from prior year Licenses and Permits 1,310,000 1,173,600 993,411 932,857 -4.62% Use of Money & Property 1_,_8_3_1~,0_0_0 _~1,_54_4,~50_0_ __ _ 1,903777_9_ __1_,2_53,~3_73- -2.62% Curre_nt yr. incl. adj._ fo__r_FHLMC buy-downs thru 2/_28. _Intergovernmental 2,756,063 3,319,04 ~. 3,180,_71__3 2,902,983 .... ~.96% _C_harges for services 550,000 429,100 248,299 336,550 .... -5.88% Fines & Forfeitures 500,000 600,000 332,296 438,129 -12.37% Increase in red light tickets since first half of last year Other Revenue 100,000 80,000 108,307 57,299 - 14.05% Total Revenue ~ ~ ~ ~ -5.46% Operating Expenditures: Administrative 1,525,59~ 1,516,325 __ 1,152,438 1,244,573 -1.51% Law Enforcement 5,687,278 6,123,181 4,578,394 4,903,817 -3.90% Community Service 625,307 652,882 497,167 558,253 2.61%1 Administrative Service 2,921,477 3,346,497 _ 2,~9_5,414 2,743,297 -1.63% Recreation Service 1,792,960 1,946,332 1,328,970 1,446,286 -10.83% _Community Development 2,251,_14_1 3,997,386 1,919,351 2,178,783 -34.59% _.01/02 - $300k of CCS Housing char_ge_d~to_BMRprog~ram~ Public Works 9,366,608 9,273,771 6,560,658 7,153,608 ....... -7.43% Total Expenditures 24.170.366 ~ ....... ~ ~ -9.61% Operating Transfers In 2,075,000: 2,_82~5,0~00_ 1,556,253 1,443,753 -38.67% Operating Transfers Out -12,388,445 -9,114,000 -10,393,387 __ -8,380,924 10.35% Net Income/Loss ~ ~ ~ .... ~ 11.000,000 10,000,000 9,000,000 8,000,000 7,000,000 6,000,000 5,000,000 3,000,000 2,000,000 1,000,000 0 Revenue Comparison 1 2 3 4 5 6 7 8 9 10 11 12 i 1YTD4/30/01 i i ~tYID 4/30102 I Sales Tax 2 Property Tax 3 TOT 4 Utility Tax 5 Franchise Fees 6 Other 7 Licenses & Permits 8 Money & Property 9 intergovernmental I 0 Charges for Services 11 Fines & Forfeitures 12 Other Revenue Expenditure Comparison I 2 3 4 5 6 7 jmYTD 4130/01 ] I EIYTD 4130/02 1 Administrative 2 Law Enfomement 3 Community Service 4 Administrative Service 5 Recreation Service 6 Community Development 7 Public Works City of Cupertino Summary of Budget Transfers I I~ Budget I Revenue [ Expenditure Description ] Acct # ~ Adjustment [ Budget I Budget 2001/02 ADOPTED BUDGET ' i I 51,356,000] 49,455,000 2000/01 CARRYOVER: ! i I ' Encumbrances [ ' [various [ 4,941,059 i 4,941,059 Department carryovers ! i 702,632 i 702,632 Project carryovers 110-9215-9300 9,433,854 I 9,433,854 City Hall remodel I 320,000 ! 320,000 COPS Law Enforcement Grant funds ]1102401-7014 [ 129,809 ] 129,809 CLEEP Hi Tech Grant funds [ ' 1102403-9400 13,718~ [ 13,718 Apple Public Art Carryover 1101043-7014 100,000 ! 100,000 REVENUE ADJUSTMENTS: ' Shorter Trust donation 550-0000-4765 ~ 32,500 3025,,500000 Overlay Project Reimbursements 270-0000-4811 305,000 3 Resource Rec estimated rev. incr. 520-0000-4566 4,500 4,500! Equipment budget funding correction I 630-0000-4910 -32,000 -32,000! Red light enforcement program I I 110-0000-4811 150,000 150,000! Youth classes i i580'0000-4663 . 52,000 52,000i TDA funding of bicycle facilities I 1270-0000-4431 51,789 51,789i OJP equipment sub-grant ] i 110-0000-4431 17,996, 17,996 Traffic Congestion Relief - Foothill/SCB 270-0000-4416 58,256 58,256 CDBG funding of CCS escrow ! 260-0000-4434 427,160 427,160 New West UUT refund~1 110-0000-4040 I -71,000 -71,000 April Revenue Adjustments [ ivari°us [ -3,776,800 -3,776,800i EXPENDITURE ADJUSTMENTS: i 550-6549-6311 Shorter Trust - Senior Center Equipment ! 32,500i ~ 32,500 Overlay Project - S J/Saratoga 270-9450-9300 305,000] [ 305,000 Resource Rec. programs 520-8003-6206 4,500 I 4,500 Red light enforcement program 1 I0-2101-7014 150,000 i 150,000 Increase 01/02 funding of Library proj. 423-9222-9300 100,000 I 100,000 Children's tile and mural project 110-1042-7104 5,000 I 5,000 Chairs for Quinlan Center [580-6249-9100 [ 52,000 52,000 Increase Code Enforcement salary 110-4530-5501 I 26,105 26,105 Bicycle facilities projectI 207-9702-9300 51,789 51,789 OJP equipment sub-grant [ 110-4400-7014 17,996 17,996 Foothill/Stevens Creek Blvd. Overlay CCO 270-8404-7016 58,256 [ 58,256 Safe Route to School Change Order I 110-0100-8020 22,000 22,000 CDBG funding of CCS escrow 1260-7404-6206 427,160 427,160 Add'l funding of Steven Canyon Rd. 110-0100-8020 75,000 I 75,000 Election Expenses - annexation 110-4330-7014 23,230 I 23,230 Insurance premiums increase i 110-4540-7023 65,000 65,000 Contract planning increases 110-7502-7014 120,000 120,000 Uniform cleaning budget adj. 110-8201-6124 15,575 15,575 Housing rehab loans - County !261-7402-6326 220,000 220,000 BJA Block Grant matching funds 110-0000-7014 3,442 3,442 Community Congress scheduled 5/3 110-1000-6331 20,000 20,000 Reimb. SCC for Stevens Canyon Rd. 270-9430-9300 20,000 20,000 April Expenditure Cutbacks, various -761,533 -761,533 2001/02 ADJUSTED BUDGET 48,575,401 66,149,092 CITY OF CUPEPxTINO City I lall 10300 Torte Avenue Cupertino, California 95014 Phone (408) 777-3312 Fax (408) 777-3366 OFFICE OF THE CITY MANAGER SUMMARY AGENDA ITEM NUMBER AGENDA DATE ~"~,-~ $I Ili.II¢.CT AND Application for Alcoholic Beverage License. Name of Business: Owner: Location: Type of Business: Type of License: Reason for Application: Cypress Hotel Cupertino Hotel Associates Limited Partnership 10050 S. De Anza Boulevard Hotel with Restaurant and Lounge On-Sale General for Bona Fide Public Eating Place Person to person transfer Premise to premise transfer RF. COMMF, NI~ A TION There are no use permit restrictions or zoning restrictions which would prohibit this use, and staff has no objection to the issuance of the license. Prepared by: Submitted by: Cidd~ WCdell, ~]ty Planner David Knapp, City Manager G:planning/misc/abccypress PrintedonRecycledPaper ~0 ~l . "Department of Alcoholic Beverage Control APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE(S) ABC 211 (6199} State of California TO: Department of Alcoholic Beverage Control 100 Paseo de San Antonio Room 119 San Jose, CA 95113 (408)277- 1 200 DISTRICT SERVING LOCATION: First Owner: Name of Business: Lobation of Business: County: Is premise inside city limits? Mailing Address: (If different from premises address) Type of license(s): 47 Transferor's license/name: File Number: 388521 Receipt Number: 1374151 Geographical Code: 4303 Copies Mailed Date: ~lay 21, 2002 Issued Date: SAN .lOSE CUPERTINO HOTEL ASSOCIATES L-PSHIP CYPRKSS HOTEL 10050 S DE ANZA BLVD CUPERTINO, CA 95014 SANTA CLARA Yes Census Tract 222 KEARNY ST STE 200 CIO KIRKE WRENCH KIMPTON HOTEL AND RESTAURANT GRP SAN FRANCISCO, CA 94108 330436 /KOULOURIS JOH] Dropping Partner: Yes~ No['~/ License Type Trarlsaction Typ? Fee Type Dup 47 ON-SALE GENERAL 1 PERSON TO PERSON TRANSF P40 Y 0 47 ON-SALE GENERAL ] ANNUALFEE P40 Y 0 47 ON-SALE GENERAL l PREMISE TO PREMISE TRANS P40 Y 0 47 ON-SALE GENERAL 1 EXCHANGE LICENSE P40 Y 0 Master Date Fee 05/21/02 $1,250.00 05/21/02 $724.00 05/21/02 $100.00 05/21/02 $100.00 Total $2,174.00 Have you ever been convicted of a felony? No Have you ever violated any provisions of the Alcoholic Beverage Control Act, or regulations of the Department pertaining to the Act? No Explain any "Yes" answer to the above questions on an attachment which shall be deemed part of this application. Applicant agrees (a) that any manager employed in an on-sale licensed premise will have all the qualifications of a licensee, and (b) that he will not violate or cause or permit to be violated any of the provisions of the Alcoholic Beverage Control Act. STATE OF CALIFORNIA County of SANTA CLARA Date: May 21, 2002 Under penalty of perjury, each pe~on whose signature appears below, certifies and says: (1) He is an applicant, or one of the applicants, or an executive officer of the applicant corporation, named in the foregoing application, duly authorized to make this application on its behalf; (2) that he has read the foregoing and knows the contents thereof and that each of the above statements therein made are true; (3) that no person other than the applicant or applicants has any direct or indirect interest in the applicant or applicant's business to be conducted under the license(s) for which this application is made; (4) that the transfer application or proposed transfer is not made to satisfy the payment of a loan or to fulfill an agreement entered into more than ninety (90) days preceding the day on which the transfer application is filed with the Department or to gain or establish a preference to or for any creditor or transferor or to defraud or injure any creditor of transferor; (5) that the transfer application may be withdrawn by either the applicant or the licensee with no resulting liability to the Department. Applicant Name(s) Applicant Signature(s) CUPERTINO HOTEL ASSOCIATES L-PSHIP go_~ 211 ,glonntnr~_ Psaoo .,. APPLICATION SIGNATURE SHEET ("SIGN ON") , This form is to be used as the signature page for applications not signed in the District Office. · Read instructions on reverse before completing. · All signatures must be notarized in accordance with laws of the State where signed. Z FILE NUMBER (if any) 5. APPUCANT(S) NAME 3. UCENSE TYPE 47 1. OWNERSHIP TYPE (Chec~ onei [] Sole Owner [] P~a.rt~. e,rship, U uusoana & Wife [] Partnership-Ltd [] Corporation [] Limited Liabillty Company [] Other 4. TRANSACTION TYPE [] Original [] Person to Person Transfer [] Exchange [] Premise to Premise Transfer [] Other d-~,-/-~ ~ ~ Cupertino Hotel Associates, L.P. 6. APPUCANT~ MAILING ADDRESS (Strum address/P.O, box, city, Bra*e, zap cc~e) c/o Yhc Kimpton Group, 222 Kearny Street, Suite 200, San Francisco, CA 94108 7. PREMISES ADDRESS (Slme~ address, c~y. zip cc~e) 10050 South DeAnza Blvd., Cupertino, CA 95014 APPLICANT'S CERTIFICATION Under penalty of perjury, each person whose signature appears below, certifies and says: (1) He/Slie is an applicant., or one ot the applicants, or an. executive officer of the applicant corpo.ration, named in the foregoing _app!ic.ation, duly authorized to make this application on itsbeha]f; (2) that he/she has read . th.e foregoing and knows the contents thereo .f and that each o.f tl~e above statements therein made are true; (3) that no ~. rson other than the applicant or applicants has any direct or indirect interest in the applicant or apphcant's business to be cond.ucte~, under t_he license(s) for which thi.s application is ma~.e; (4) that the transtar application or proposed transfer is not made to (a) satisfy the payment of a loan or to fulfill an agreement entered into more than ninety (90) day_s preceding the day on which the transfer application is filed with ttie Department, (b) to gain or establish a preference to o.r for any creditor or transferor, or (c) to defraud or injure any creditor or .tr~n. sferor; (5) that the transfer application may be withdrawn by. either the applicant or the licensee with no resulting liability to the Department. I un3erstandthat ifI fad to qualify for the license or withdraw this .application there will be a service charge of one-fourth of the hcense fee paid, up to $100. SOLE OWNER DATE SIGNED 8. PRINTED NAME (Last, f~st. middle) J SIGNATURE X PARTNERSHIP/LIMITED PARTNERSHIP (Signatures of general partners only) DATE SI~ 9. PARTNER'S PRINTED NAME (Last, f~t, middle) n/a PARTNER'S PRINTED NAME (Last. first, middle) n/a PARTNER'S PRINTED NAME (Last, first, middle) n/a SIGNATURE X SIGNATURE X CORPORATION DATE SIGNED DATE SIGNED 10. PRINTED NAME (Last, fi. st, middle) } SIGNATURE I X ~/a DATE SIGNED TITLE [] President [] Vice President [] Chairman of the Board 1TrLE [] Secretary [] Asst. Secretary [] Chief Financial Officer [] Asst. Treasurer LIMITED LIABILITY COMPANY 11. The limited liability company is member-run [] Yes [] No (If no, complete Item #12 below) 12. NAME OF OESIGt4ATED MANAGER. MANAGING MEMBER OR DESIGNATED OFFICER (Last, tirol middle) ABC INI'rlALS/OATE (ABC use on/y) Cali Avenue, LLC (whose managing member is Kimpton Group Holding LLC) 13. MEMBER'S PRINTED NAME (Last, f~t, middle) I SIGNATURE ..~ ~ I DATE SIGNED MEMBER'S PRINTED NAME (Last. first, middle) ABC-211 -BIG (9/01) 0 ON ~ ~3ALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of County of ~. ~'~ ~-~,- c,' cSd~ Date Name anti T~tle of Off~cer (e.g.."Jane Doe, Notary Public") personally appeared~J- ~ ~ ~t~_ v~'x .~ , Name(s) of Signer(s) ~ personally known to me - OR - .~ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s)~are subscribed to the within instrument and acknj~.~,ledged to me tha~/she/they executed the ~ame in ~q~her/their authodzed capacity(ies), and that by '~her/their the instrument the person(s), signature(s) on 'Or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. OPTIONAL Though the information be/ow is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document 'Rtle or Type of Document: ~, I~ i Ccl,~'~d("~ Document Date: -~-~ L (,-~,. ~ 0-~_._ Number of Pages: Signer(s) Other Than Named Above: ~ ~ ~ ~U~[~- ~[~"~ ff/~ Capacity(ies) Claimed by Signer(s) Signer's Name."~ - [] Individual Corporate Officer 'lqtle(s): ~' [] Partner -- ,~ Limited ,% General [] Attomey-in-Fact [] Trustee [] Guardian or Conservator [] Other: .~{,ner Is ,Representing: 1994 National Notary Association · 8236 Rammer Ave.. P.O. Box 7184 · Canog~ Park, CA 91309-7184 Signer's' Name: [] Individual [] Corporate Officer 'Rtle(s): _,/ [] Partner ~ [] Limited [] Genera~ [] Attorney-in-Fact [] Trustee [] Guardian or Conservat~ [] Other: _ ~ rep of thumb here presenting: Prod. No. 5907 Reorcler: Call Toll-Free 1-800-876-6827 RESOLUTION NO. 02-098 DRAFT A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO ACCEPTING GRANT OF EASEMENT FOR ROADWAY PURPOSES FROM SEETARAM VEMULAPALLI AND PADMA TALASILA, HUSBAND AND WIFE AS JOINT TENANTS, 10225 ORANGE AVENUE, APN 357-15-013 WHEREAS, Seetaram Vemulapalli and Padma Talasila 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 10225 Orange Avenue. NOW, THEREFORE, BE IT RESOLVED that the City of Cupertino accept said grant so tendered; and IT IS FURTHER RESOLVED that the City Clerk is hereby authorized to record said grant and this resolution. PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this 3rd day of June, 2002, by the following vote: Vote Members of the City Council AYES: NOES: ABSENT: ABSTAIN: ATTEST: APPROVED: City Clerk Mayor, City of Cupertino GRANT OF EASEMENT FOR ROADWAY PURPOSES APN 357-15-013 10225 Orange Avenue Seetnrnm Vemulapalli and Padma Talasila~ grnnt to the C]TY OF CUPERTEqO for public roadway purposes, together with the right to construct, repair, operate, and maintain any and all 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 Clax'a, State of California, and as described as follows: (See Exhibit "A" & "B") IN WITNESS WHEREOF, executed this ~3 day of ~ , 2002. and ~orn (or affirmed)to before Seetaram Vemulnpalli Padma Talasiln (Notary acknowledgment to be attached) EXHIBIT "A" LEGAL DESCRIPTION FOR THE PURPOSE OF DEDICATION All of that certain real property situated in the Santa Clara County, state of California, being the southerly 50 feet fi:om and rear ~nts, of lot 95 as shown upon that certain map entitled "Map of Subdivision "A' Monte Vista", filed in the office of Recorder of Santo Clara County, in Book P of Maps, at page 20, described as follows: Beginning at the Southeasterly comer of Lot 95, said point being the Northeasterly comer of the Annexation to the City of Cupertino, as defined by the Annexation titled "Orange g7-02", also lying on the Westerly line of Orange Avenue, 30 feet in width as shown on above referred to Map; Thence North 50 feet along the Easterly line of said Lot 95 and the Annexation line of City of Cupertino, as defined by the Annexation titled "Orange Ave. 90-02"; Thence West 10.00' feet along said "Orange Ave. 90-02" Annexation to a point on the Westerly line of said Lot 95, said point also lying on the Easterly line of the Annexation to the City of Cupertino, as defined by the Annexation titled "Almaden 80-13"; Thence South 50 feet along the Easterly line of said "Almaden 80-13" Annexation to the Southwesterly comer of Lot 95, said point also being the Northwesterly comer of the Annexation to the City of Cupertino, as defined by the Annexation titled "Orange 87-02"; Thence East 10.00" feet along the Northerly line of said "Orange 87-02" Annexation to the point of beginning. APN:357-15-013 EXHIBIT "B" PROPOSED DEDIC ~.TION TO THE CITY OF Ct JPERTINO LIWITS OF ANNEXATION "AL~IADEN 80-13" LOHIT; AVE [ OHITA AVE. OLIVE AVE. S,~N FERNLNDO (~ AVE. LOCATlUN HAP · ,OT "/C ~.CALE ALHADF~J AVE, APN: 357-15-013 LE6END CUPERTINO CITY LIHITS PROPOSED ANNEXATION UHITS STREET CENTERt. INE PROPOSED DEDICATION ALL-PURPOSE ACKNOWLEDGEMENT APA $/q~ State of California / $$. County of ,.~~ (..~ Ikc-~ On. SIG~ERIS~ [] personally known to me OR- ~}/~roved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(les), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. ' OPTIONAI~INFORfl~IATION The information below is not required by law. Howev'err~t_c. ofild prevent fraudulent attachment of this acknowl- edgement to an unauthorized document. CAPACITY CLAIMED BY SIGNER (PRINCIPAL) DESCRIPTION OF ATTACHED DOCUMENT [] INDIVIDUAL [] CORPORATE OFFICER TITLE{ S ) [] PARTNER(S) [] ATI'ORNEY-IN-FACT [] TRUSTEE(S) [] GUARDIAN/CONSERVATOR [] OTHER: TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PERSON{S} OR £NTITY{IES} RIGHT THUMBPRINT OF SIGNER OTHER VALlEY-SIERRA. 800-362-3369 RESOLUTION NO. 02-099 DRAFT A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO AUTHORIZING EXECUTION OF IMPROVEMENT AGREEMENT BETWEEN THE CITY AND DEVELOPERS, SEETARAM VEMULAPALLI AND PADMA TALASILA, HUSBAND AND WIFE AS JOINT TENANTS, 10225 ORANGE AVENUE, APN 357-15-013 WHEREAS, there has been presented to the City Council a proposed improvement agreement between the City of Cupertino and developers, Seetaram Vemulapalli and Padma Talasila, Husband and Wife As Joint Tenants, for the installation of certain municipal improvements at 10225 Orange Avenue and said agreement having been approved by the City Attorney, and Developers having paid the fees as outlined in the attached Exhibit A; NOW, THEREFORE, BE IT RESOLVED THAT the Mayor and the City Clerk are hereby authorized to sign the aforementioned agreement on behalf of the City of Cupertino. PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this 3ra day of June, 2002, by the following vote: Vote Members o__f the City Council AYES: NOES: ABSENT: ABSTAIN: ATTEST: APPROVED: City Clerk Mayor, City of Cupertino Resolution No. 02-099 Page 2 DEVELOPMENT: LOCATION: A. Faithful Performance Bond: SEVEN THOUSAND AND 00/100 DOLLARS B. Labor and Material Bond: SEVEN THOUSAND AND 00/100 DOLLARS C. Checking and Inspection Fees: EXHIBIT "A" SCHEDULE OF BOND, FEES, AND DEPOSITS Seetaram Vemulapalli and Padma Talasila, Husband and Wife As Joint Tenants 10225 Orange Avenue, APN 357-15-013 Off-site: $ 7,000.00 $ 7,000.00 $ 2,268.00 TWO THOUSAND TEO HUNDRED SIXTY-EIGHT AND 00/100 DOLLARS D. Indirect City Expenses: E. Development Maintenance Deposit: ONE THOUSAND AND 00/100 DOLLARS F. Storm Drainage Fee: ONE HUNDRED FIFTY-FIVE AND 00/100 DOLLARS Go H. I. J. K. L. One Year Power Cost: Street Trees: Map Checking Fee: Park Fee: Water Main Reimbursement: Maps and/or Improvement Plans: N/A $ 1,000.00 $ 155.48 N/A By Developers N/A N/A N/A As specified in Item #22 of agreement AGREEMENT 10225 Orange Avenue APN 35%15-013 This AGREEMENT made and entered into this day of , 2002, by and between the CITY OF CUPERTINO, a municipal corporation of the State of California, hereinafter designated ns CITY, and Seetaram Vemulapalli and Padmn Tnln.~iln~ Husband and Wife~ n~ Joint Tenants~ hereinafla' designated ns DEVELOPERS. WITNESSETH WHEREAS, THE DEVELOPER has made application to the CITY to SECURE A BUILDING PERMIT to construct a Single Family Dwelling hereinafter referred to ns "Project". WHEREAS, CITY hereby approves the improvement plans and specifications prepared for the Project by Carlos Pinto Rodrigues~ R.C.E., a true copy of which improvement plans and specifications are on file in the office of the City Engineer of Cupertino; and WHEREAS, the same are incorporated herein by reference, the same ns though set out in full; NOW, THEREFORE, said improvement plans and specifications shall be hereinafter called the "Plans", and the work to be done under the Plans shall be called the "Work". Page I of I 1 File No.: 52,317 WHEREAS, pursuant to the provisions of this AGREEMENT, the CITY hereby established the amounts of Bonds,'Fees, and Deposits as set forth in the following schedule: SCHEDULE OF BONDS, FEES AND DEPOSITS Street Improvement Category: PART A. Faithful Performance Bond: 110-2211 Off-Site: $7,000 PART B. Labor and Material Bond: 110-2211 Off-Site $7,000 PART C. Checking and Inspection Fee: 1104538 $2,26S PART D. Indirect City Expenses: N/A PART E. Development Maintenance Deposit: 110-2211 $1,000 PART F. Storm Drainage Fee: Basin 2 Account #: 2154072 $155.48 PART G. PART H. One Year Power Cost: 1104537 Street Trees N/A By Developers PART I. Map Checking Fee: 1104539 N/A PART J. Park Fee: ZONE H ACCT #: 2804081 N/A PART K. Water Main Reimbursement Fee: 1104554 N/A PART L. Maps and/or Improvement Plans As Specified in Item #22 By Developers Pnge 2 of 11 NOW, THEREFORE, IT IS HEREBY MUTUALLY AGREED by and between the parties hereW as follows, TO WIT: 1. DEDICATION A. The DEVELOPERS offer to dedicate the real property shown on Exhibit "A", which is attached hereto and made a part hereof by reference. Said dedicated property shall be free and clear of all liens or encumbrances except those which the CITY shall waive in writing. The DEVELOPERS agree not to revoke said offer of dedication, and to keep said offer open until the CITY accepts offer by resolution. B. Upon execution of this AGREEMENT the DEVELOPERS agree to deliver a properly executed grant deed to the CITY of the real property described in Exhibit "A", and such other executed conveyances, or instruments necessary to convey clear title as herein required. The DEVELOPERS shall provide, at the DEVELOPERS' sole cost and expense, to the City: (1) A preliminary title report issued by a title insurance company relating to the property offered for dedication. A standard policy of title insurance issued by a title insurance company and insuring the CITY in the sum off N/A, and which shall show said property free and clear of all liens or encumbrances except those as the CITY shall expressly waive in writing; said policy shall be furnished at the time of acceptance of dedication and recordation of deed. C. Upon the condition precedent that the DEVELOPERS shall perform each and every covenant and condition of this AGREEMENT, the CITY agrees to accept said real property offered for dedication. 2. INSTALLATION OF WORK It is further agreed that: A. The DEVELOPERS shall install and complete the Work within one (1) year from the date of execution of this AGREEMENT, or such longer period as may be specifically authorized in writing by the. City Engineer. In the event the DEVELOPERS fail or refuses to complete the Work within the specified period of time, the CITY, at its sole option, shall be authorized to complete the Work, in whatever manner the CITY shall decide. In the event the CITY completes the Work, the CITY may recover any and all costs incurred thereby from the DEVELOPERS or the DEVELOPERS' surety or both. No final inspection shall be granted or street improvements shall not be accepted unless all the requirements for safety purposes are installed such as sidewalks, handicap ramps, street li ts, etc. Page 3 of 11 J B. The DEVELOPERS shall install and complete the Work in a good and workmanlike manner in accordance with the plans as approved by the City Engineer of Cupertino. The Work shall be done in accordance with existing ordinances and resolutions of the CITY and in accordance with all plans, specifications, standards, sizes, lines, and grades approved by the City Engineer. The Work shall be done in accordance with all State and County Statutes applicable hereto. The decision of the City Engineer shall be 'final as to whether any material or workmanship meets the standards, specifications, plans, sizes lines and grades as set forth. C. It is further agreed that the Work shall be done in accordance with the most current Standard SpecificatiOns of the Department of Public Works, California Department of Transpo~fio~ State of California, and in accordance with the specifications of the Cupertino Sanitary District where applicable. Wherever the words "State" or "California Division of Highways" are mentioned in the State Specifications, it shall be considered as referring to the CITY of Cupertino; also wherever the "Director" or "Director of Public Works" is mentioned, it shall be considered as referring to the City Engineer. In case of conflict between the State Specifications and the specifications of the CITY, and/or the Cupertino Sanitary District, the specifications of the CITY and/or the Cupertino Sanitary District shall take precedence over and be used in lieu of such conflicting portions. EXCAVATION PERMIT It is further agreed that the DEVELOPERS shall comply with Section Three of Ordinance No. 130 of the CITY by obtaining an excavation permit from the City Engineer before the commencement of any excavation in, on, or under the surface of any existing public street, lane, alley, sidewalk, or other public place. It is further agreed that the DEVELOPERS shall notify the City Engineer of the exact date and time when the proposed excavation is to commence. QUITCLAIM DEED It is further agreed that the DEVELOPERS, when requested by the CITY, shall quitclaim all his rights and interests in, and shall grant to CITY authorization to extract water from the underground strata lying beneath said project and DEVELOPERS agree to execute a "Quitclaim Deed and Authorization" in favor of CITY, when presented to them for signature. Page 4 of 11 BONDS AND OTHER SECURITY A. Upon the execution of this AGRBEMEqT, the DEVELOPERS shall file with the CITY a falthfifl performance bond to assure his full and falthfifl performance of this AGREEMENT. The penal sum of said faithful performance bond shall be the full cost of any payment to be made under this AGREEMENT, thc value of any land agreed to be dedicated, and any improvements are to be made under this AGREEMENT. In the event that improvements are to be made under this AGREEMENT, the DEVELOPERS shall, in addition to said faithful performance, file with the CITY a labor and materials bond in a penal sum adequate to assure full payment of all labor and materials required to construct said improvements. The amount of said bonds shall be as designated by the City Engineer. Said bonds shall be executed by a surety company authorized to transact a surety business in the State of California and must be approved by the City Attorney as to form and by the City Engineer as to sufficiency. In the event that the DEVELOPERS shall fail faltlffully to perform the covenants and conditions of this AGREEMENT, or to make any payment, or any dedication of land, or any improvements herein required, the CITY shall call on the surety to perform this AGREEMENT or otherwise indemnify the CITY for the DEVELOPERS' failure to so do. B. In lieu of a faithful performance surety bond, the DEVELOPERS may elect to secure this AGREEMENT by depositing with the CITY: Cash; or, A cashiers check, or a certified check payable to the order of the City of Cupertino; or, A certificate of deposit, or instnunent of credit meeting the requirements of Government Code Section 66499 Co) or (c). C. The amount of said cash, checks, certificate of deposit, or insmunent of credit shall be as designated by the City Engineer, and shall be the equivalent to that which would have been required had the DEVELOPERS furnished the CITY with a faithfifl performance surety bond. In the event that the DEVELOPERS shall fail faithfully to perform the covenants and conditions of this AGREEMENT, or to make any payment, or any dedication of land, or any improvements herein required, the CITY may apply the proceeds of said security thereto. D. No release of surety bond, cash deposit, check, or certificate of deposit, sludl be made except upon approval of the City Council. 1. Schedule for bond and insurance release for paper bonds are as follows: A. Release of 90 percent of the faithful performance bond upon acceptance by City Council Page 5 of 11 e Release of the remaining 10 percent of the performance bond at one year from acceptance after all deficiencies have been corrected and in the absence of any claim against such bond. Release of the entire labor and material bond at six months from acceptance after all deficiencies have been corrected and in the absence of any claim against such bond. Liability insurance, provided by the developer to hold the City harmless in the event of liability arising from the project, to be retired at the end of one year if all deficiencies have been corrected and in the absence of any claim against such insurance. Schedule for Bond and Insurance Release for'Cas~ CD, Set-Aside Letter are as Follows: he Release of 45% of bond upon acceptance by City Council. Release of additional 45% at six months from acceptance at~er all deficiencies have been corrected and in the absence of any claim against such bond. Ce Release of remaining 10% at one year from date of acceptance after all deficiencies have been corrected and in the absence of any claim against such bond. Do Release of the liability insurance, provided by the developers or contractor to hold the City hamaless in the event of liability arising from the subject project, at the end of one year if all deficiencies have been corrected and in the absence of any claims against such insurance. No interest shall be paid on any security deposited with the CITY. CHECKING AND INSPECTION FEE It is further agreed that DEVELOPERS shall pay any and all necessary direct expenses for inspection, checking, etc., incurred by CITY in eounection with said Project, and that DEVELOPERS shall have deposited with CITY, prior to execution of this AGREEMENT, the amount as set forth herein at Page 2 (Part C.). Should construction cost vary materially from the estimate from which said sum is calculated, the City Engineer shall notify DEVELOPERS of any additional sum due and owing as a result thereof. Page 6 of 11 7. INDIRECT EXPENSES It is further agreed that DEVELOPERS shall pay to CITY, prior to execution of this AGREEMENT, indirect expense allocable to processing these improvements, the amount as set forth herein at Page 2 (Part D). MAP CHECKING FEE It is further agreed that the DEVELOPER S shall deposit with CITY, prior to execution of this AGREEMENT, for office checking of final map and field checking of street monuments, in compliance with Section 4:1 of Ordinance No. 47 (Revised 12/04/61) of CITY, the amount as set forth herein at Page 2 (Part I). DEVELOPMENT MAINTENANCE DEPOSIT It is further agreed that the DEVELOPERS shall pay to the CITY, prior to execution of this AGREEMENT, the amount set forth herein at Page 2 (Part E) as a development maintenance deposit to insure proper dust control and cleaning during the construction period. The development maintenance deposit may be utilized for repairs of defects and imperfections arising out of or due to faulty workmanship and/or materials appearing in said work during the period until release of the surety bonds or other security permitted under paragraph $.B by the CITY. Should the DEVELOPERS complete the required repairs to the entire satisfaction of the CITY, the unused balance will be returned after the release of the surety bond or other security permitted under paragraph 5.B. 10. STORM DRAINAGE FEE It is further agreed that the DEVELOPERS shall deposit with the CITY, prior to execution of this AGREEMENT, a storm drainage charge in connection with the said Project in accordance with the requirements established in Resolution 4422, March 21, 1977, in the amount as set forth herein at Page 2 (Pan F). 11. WATER MAIN EXTENSION DEPOSIT The DEVELOPERS further agrees to deposit with the CITY those monies required to comply with "Policy on Water Main Extensions Work and Deposits" dated 9/30/77. The deposit shall be held by the CITY until said monies are needed to implement improvements outlined by the Director of Public Works or improvements outlined within the adopted Water Master Plan. The amount shown herein at Part K, Page 2, shall be the full amount due. Page 7 of 11 12. ONE YEAR POWER COST It is further agreed that the DEVELOPERS shall pay to the CITY prior to execution of this AGREEMENT, the amount as set forth herein at Page 2 (Part O), which amount represents the power cost for street lights for one year. 13. THE INSTALLATION OF TREES It is further agreed that the DEVELOPERS shall, at such time as deemed appropriate by the City Engineer, plant street trees in conformance with the standards of the City of Cupertino. Variety of tree shall be selected from the City approved list. It is further agreed that the DEVELOPERS shall plant 2 - 12" oak trees on-site. A bond of $25,000 is required towards completion of the work. The bonds will be released upon approval from the Planning Department. 14. PARK FEES It is further agreed that the DEVELOPERS shall pay such fees and/or dedicate such land to the CITY, prior to execution, as is required within Section 18-1.602 Park Land Dedication, Cupertino Municipal Code, and which is further stipulated under Part J, Page 2 herein. Fees are also in accordance with action adopted by the City Council on March 19, 1991 and Chapter 14.05 or Section 18-1.602 of the Cupertino Municipal Code. 15. MAINTENANCE OF WORK It is further agreed that the DEVELOPERS shall maintain the Work until all deficiencies in the Work are corrected to conform to the Plans and the City Standards and Specifications for the Work. The DEVELOPERS shall, upon written notice thereof, immediately repair or replace, without cost or obligation to the City of Cupertino, and to the entire satisfaction of said CITY, all defects and imperfections arising out of or due to faulty workmanship and/or materials appearing in said Work. 16. SANITARY DISTRICT It is further agreed that the DEVELOPERS shall file with CITY, upon execution of this AGREEMENT, a letter from the Cupertino Sanitary District stating that the DEVELOPERS have submitted plans for review by the District and that sanitary sewers are available to serve all lots within said Project. 17. GOXrE~ CODE It is furtber agreed that DEVELOPERS shall file with CITY, upon execution of this AGREEMENT, substantial evidence that all provisions of Section 66493, Article 8, Page $ of 11 Chapter 4 of the Government Code, pertaining to special assessments or bonds, have been complied with. 18. PACIFIC GAS AND ELECTRIC/PACIFIC BELL It is further agreed that the DEVELOPERS shall pay to Pacific Gas and Electric Company and/or to PACIFIC BELL Company any and all fees required for installation of overhead and/or underground wiring circuits to all electroliers within said property and any and all fees required for undergrounding as provided in Ordinance No. 331 of CITY when are notified by either the City Engineer or the Pacific Gas and Electric Company and/or Pacific Bell Company that said fees are due and payable. 19. EASEMENTS AND RIGHT-OF-WAY It is further agreed that any easement and right-of-way necessary for completion of the Project shall be acquired by the DEVELOPERS at his own cost and expense. It is provided, however, that in the event eminent domain proceedings are required the CITY for the purpose of securing said easement and right-of-way, that the DEVELOPERS shall deposit with crrY a sum covering the reasonable market value of the land proposed to be taken and to be included in said sum shall be a reasonable allowance for severance damages, if any. It is further provided that in addition thereto, such sums as may be required for legal fees and costs, engineering, and other incidental costs in such reasonable amounts as the CITY may require shall be deposited with the City of Cupertino. 20. HOLD HARMLESS It is further agreed that, commencing with the performance of the Work by the DEVELOPERS or his contractor and continuing until the completion of the maintenance of the Work, the DEVELOPERS shall indemnify, hold harmless and defend the CITY from and against any or all loss, cost, expense, damage or liability, or claim thereof, occasioned by or in any way whatsoever arising out of the performance or nonperformance of the Work or the negligence or willful misconduct of the DEVELOPERS or the DEVELOPERS' agents, employees and independent contractors, except to the extent any of the foregoing is caused by the negligence or willful misconduct of the CITY or the CITY's agents, employees and independent contractors. 21. INSURANCE It is further agreed that: The DEVELOPERS shall take out, or shall require any contractor engaged to perform the work to take out, and maintain at all times during the performance and maintenance of the work called for or required to be done hereunder, a policy of insurance naming the CITY and members of the City Council of the City of Cupertino Page 9 of 11 individually and collectively, and the officers, agents and employees of the CITY individually and collectively, as insured. Said separate policy shall provide bodily injury and property damage coverage to the foregoing named CITY and individuals covering all the Work performed by, for, or on behalf of said DEVELOPERS. Both bodily injury and property damage insurance must be on an occurrence basis; and said policy or policies shall provide that the coverage afforded thereby shall be primary coverage to the full limit of liability stated in the declarations, and if the city, its members of the City Council individually and collectively, and the officers, agents, and employees of the CITY, individually and collectively, have other insurance against the loss covered by said policy or policies, that other insurance shall not be called upon to cover a loss under said additional policy. The insurance carrier shall provide proof of their ratings. All ratings shall be a minimum of"Best A-7" in accordance with ABAG policies. A. Each of said policies of insurance shall provide coverage in the following minimum amounts: For bodily injury, $100,000 each person; $300,000 each occurrence, property damage, $50,000 on account of any one occurrence with an aggregate limit of not less than $200,000. Bo The DEVELOPERS shall file with the City Engineer at or prior to the time of execution of this AGREEMENT by the DEVELOPERS such evidence of said foregoing policy or policies of insurance as shall be satisfactory to said City Engineer. Each such policy or policies shall bear an endorsement precluding the cancellation or reduction in coverage without giving the City Engineer at least ten (10) days advance notice thereof. The CITY shall be shown as additionally insured on a separate "Additional Insured Owners, Lessees or Contractors" (Form A) or (Form B) Endorsement provided along with the evidence of said foregoing policy of policies of Insurance. C. In the event that the Project covered herein should be mutually situated in or affect the area of jurisdiction of a separate municipality or political subdivision of the State of Caiifomia, the policies of insurance required herein and above shall co-name such municipality or political subdivision and the provision set forth herein and above for the protection of the CITY shall equally apply to municipality and political subdivision. 22. MAPS AND/OR IMPROVEMENT PLANS It is further agreed that the CITY shall obtain the following map and/or plans at the DEVELOPERS' expense: A mylar blackline and seven (7) prints of fully executed parcel map. A mylar blackline and ten (10) prints of fully executed improvement plans. A scan in CAD format of all executed improvement plans and map. Page 10 of 11 The DEVELOPERS agree to pay the CITY from the development maintenance deposit the cost for all prints of plans and map required under Item 22. 23. SUCCESSORS This AGREEMENT shall bind the heirs, admini.~rators, ex~utors, successor, assignee and transfet~s of the DEVELOPERS. The assi~mment of this AGREEMENT shall not be made without approval by the City Council of the City of Cupertino. IN WITNF_~S WHEREOF, CITY has caused its name to be hereunto affmed by its Mayor and City Clerk, thereunto duly authorized by resolution of the City Council and said DEVELOPERS have hereunto caused their names to be affixed the day and year first above CITY OF CUPERTINO: Approved as to form: Mayor City Attorney City Clerk Notm'y Aclmowledgment Required . Exhibit A Attached DEVELOPERS: Seetaram VemulapaHi Page 11 ofll ALL-PURPOSE ACKNOWLEDGEMENT SS. / (DATE) . ~ / · ], . / SIGNER(S) [] personally known to me - OR - E~oved .to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. NOTARY 'S SIGNATU~ OPTIONAL i~F~_~ORMATION The information below is not required by law. However, it could prevent fraudulent attachment of this acknowl- edgement to an unauthorized document. CAPACITY CLADIED BY SIGNER (PRINCIPAL) DESCRIPTION OF ATTACHED DOCUMENT [] INDIVIDUAL [] CORPORATE OFF1CER TITLE(S) [] PARTNER(S) [] A'I~FORNEY-IN-FACT [] TRUSTEE(S) [] GUARDIAN/CONSERVATOR [] OTHER: TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT OTHER SIGNER IS REPRESENTING: RIGHT THUMBPRINT I~ NAME OF PERSON(S) OR ENTITY(IF_~) OF APA 5/99 VA! !FY-SIERRA, 800-362-3369 RESOLUTION NO. 02-100 DRAFT A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO ACCEPTING QUITCLAIM DEED AND AUTHORIZATION FOR UNDERGROUND WATER RIGHTS FROM SEETARAM VEMULAPALLI AND PADMA TALASILA, HUSBAND AND WIFE AS JOINT TENANTS, 10225 ORANGE AVENUE, APN 357-15-013 WHEREAS, Seetaram Vemulapalli and Padma Talasila have executed a "Quitclaim Deed and Authorization", which is in good and sufficient form, quitclaiming all their rights in and authorizing the City of Cupertino, County of Santa Clara, State of California, to extract 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 specifically described in the map filed in the Office of the County Recorder of the County of Santa Clara on the 11th day of April, 1917 in Book P of Maps at Page 20. NOW, THEREFORE, BE IT RESOLVED, that the City of Cupertino accept said "Quitclaim Deed and Authorization" so tendered; and IT IS FURTHER RESOLVED that the 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 3ra day of June, 2002, 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 357-15-013 10225 Orange Avenue Seetaram Vemulapalli and Padma Talasila~ hereinafter referred to as the "GRANTORS", this day of ,2002, hereby grant, bargain, assign, convey, remise, release and forever quitclaim unto the CITY OF CUPERTINO, a municipal corporation, hereinafter referred to as the "GRANTEE", its successors and assi~, all the fight, title, interest, estate, claim and demand, both at law and in equity, and as well in possession as in expectancy of the GRANTORS as owners of the southerly 50 feet front and rear measurements of Lot 95 of that certain subdivision of real property situate in the County of Santa Clara, State of California, and specifically described in the map thereof filed in the Office of the County Recorder of the County of Santa Clara on the 11t~ day of April~ 1917 in Book P of Maps at Page 20~ 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 GRANTORS hereby irrevocably authorized GRANTEE, its successors and assigns, on behalf of the GRANTORS and its successors in ownership or overlying lands in the said lots to take from' said underground basin within the said lots any and all 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, that 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. This assignment, conveyance and authori?ation is made for the benefit of the ~outherly 50 feet front and rear measurements of Lot 95 within the above described subdivision and shall bind the owner of said lots within said subdivision. IN WITNESS WHEREOF, GRANTORS has executed this instrument the day and year first above written. Seetaram Vemulapalli Padma Talasila (Acknowledgment and Notarial Seal Attached) ,~u.',sc~ and sworn (Or alarmed)to before this ..2~3_ day of' '~ ~a,'_. ~ , ~ Comm. ! 1308801 NOIARY PUBUC · CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT State of California } County of On ~ ~, i~~' ~foreme, .~~ personallya~e~ed ~ee~ ~ ~e ~~s,~ [] personally known to me ~ ~_:..~ Comm. ! 1308801 U~ ~,'~..~ NOTARY ~SLIC.CAtlFO~IA OR- [~ff~ved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. 0 PTIONA The information below is not required by law. However, it could prevent fraudulent attachment of this acknowl- edgement to an unauthorized document. CAPACITY CLAIMED BY SIGNER (PRINCIPAL) DESCRIPTION OF ATTACHED DOCUMENT [] INDIVIDUAL [] CORPORATE OFFICER TITLE(S) [] PARTNER(S) [] A'ITORNEY-IN-FACT [] TRUSTEE(S) [] GUARDIAN/CONSERVATOR [] OTHER: TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PERSON(S) OR £NTITY(IE$) RIGHT THUMBPRINT OF SIGNER OTHER APA 5/99 FY-SIERRA, 800-362-3369 RESOLUTION NO. 02-101 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO APPROVING THE FINAL MAP OF TRACT NO. 9405, LOCATED AT CAMPO DE LOZANO, 20075 DE PALMA LANE; DEVELOPER R & Z DEVELOPMENT COMPANY, INC.; AUTHORIZING SIGNING OF FINAL MAP AND EXECUTION OF AGREEMENT WHEREAS, there has been presented to the City Council for approval and for authorization to record final map of Tract No. 9405, located at Campo de Lozano, 20075 De Palma Lane, showing certain avenues, drives, places, and roads by R & Z Development Company, Inc.; and WHEREAS, there has been presented to the City Council a proposed agreement for the construction of streets, curbs, and gutters and for other improvements, and good and sufficient bonds, fees, and deposits as set forth in Exhibit "A" having been presented for the faithfial performance of said work and the carrying out of said agreement; and said map, agreement, and bonds having been approved by the City Attorney; NOW, THEREFORE, BE IT RESOLVED THAT a. Said final map of Tract No. 9405, be and the same is hereby approved. b. The City Engineer and the City Clerk are hereby authorized to sign said final map. Co The Mayor and the City Clerk are hereby authorized to execute the agreement herein referred to. PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this 3rd day of June, 2002, by the following vote: Vote Members of the Ci_ty Council AYES: NOES: ABSENT: ABSTAIN: ATTEST: APPROVED: City Clerk Mayor, City of Cupertino Resolution No. 02-101 Page 2 EXHIBIT "A" SCHEDULE OF BOND, FEES, AND DEPOSITS DEVELOPMENT: R & Z Development Company, Inc. Tract No. # 9405 LOCATION: Campo de Lozano, 20075 De Palma Lane A. Faithful Performance Bond: $118,200.00 ONE HUNDRED EIGHTEEN THOUSAND TWO HUNDRED AND 00/100 DOLLARS B. Labor and Material Bond: $118,200.00 ONE HUNDRED EIGHTEEN THOUSAND TWO HUNDRED AND 00/100 DOLLARS C. Checking and Inspection Fees: $ 5,910.00 FIVE THOUSAND NINE HUNDRED TEN AND 00/100 DOLLARS D. Indirect City Expenses: N/A E. Development Maintenance Deposit: $ 3,000.00 THREE THOUSAND AND 00/100 DOLLARS F. Storm Drainage Fee: $ 1,520.26 ONE THOUSAND FIVE HUNDRED TWENTY AND 26/100 DOLLARS G. One Year Power Cost: N/A H. Street Trees: By Developer I. Map Checking Fee: $ 553.00 FIVE HUNDRED FIFTY-THREE AND 00/100 DOLLARS J. Park Fee: $ 56,250.00 FIFTY-SIX THOUSAND TWO HUNDRED FIFTY AND 0/100 DOLLARS K. Water Main Reimbursement: L. Maps and/or Improvement Plans: N/A As specified in Item #22 of agreement -2_ TRACT AGREEMENT TRACT No. 9405 Campo de Lozano 20075 De Palina Lane This AGREEMENT, made and entered into this day of ,2002 , by and between the CITY OF CUPERTINO, a municipal corporation of the State of California, hereinafter designated as CITY, and R & Z Development Company, Inc., hereinafter designated as DEVELOPER. WITNESSETH WHEREAS, said DEVELOPER desire to subdivide certain land within the City of Cupertino in accordance with the map heretofore filed with the City Council of the City of Cupertino, marked and designated as TRACT No. 9405 Cupertino, California, hereinafter designated as the "Tract"; and WHEREAS, said map shows certain courts, drives and roads which are offered for dedication for public use; and WHEREAS, CITY hereby approves the improvement plans and specifications prepared for the Tract by Giuliani & Kull~ Inc., a tree copy of said improvement plans and specifications are on file in the Office of the City Engineer of Cupertino; and WHEREAS, the same are incorporated herein by reference, the same as though set out in full; NOW, THEREFORE, said improvement plans and specifications shall be hereinafter called the "Plans," and the work to be done under the Plans shall be called the "Work." Page 1 of 10 File No.: 52,300 WHEREAS, pursuant to .the provisions of this AGREEMENT, the CITY hereby established the amounts of Bonds, Fees, and Deposits as set forth in the following schedule: SCHEDIR.E OF BONDS, FEES AND DEPOSITS STREET IMPRO~~ CATEOORY: PART A. Faithful Performance Bond: PART B. Labor and material Bond: PART C. Checking and Inspection Fee: 1104538 PART D. Indirect City Expenses: $118,200 $118,200 $5,910 N/A PART E. Development Maintenance Deposit: 110=2211 PART F. Storm Drainage Fee: Basin #3 2154073 PART G. One Year Power Cost: 1104537 PART H. Street Trees: PART I. Map Checking Fee: 1104539 PART J. Park Fee: Zone III 2804083 PART K. Water Main Reimbursement: PART L. Maps and/or hnprovement Plans: AS SPECIFIED IN ITEM 822 $3,000 $1,520.26 N/A By Developer $553 $56,250 N/A Page 2 of 10 File No.: 52,300 NOW, THEREFORE, IT IS HEREBY MUTUALLY AGREED by and between the parties hereto as follows, TO WIT; 1. INSTALLATION OF WORK It is further agreed that: A. The DEVELOPER shall install and complete the Work within one (1) year from the date of execution of this AGREEMENT, or such longer period as may be specifically authorized in writing by the City Engineer. In the event the DEVELOPER fail or refuse to complete the Work within the specified period of time, the CITY at its sole option, shall be authorized to complete the Work in whatever manner the CITY shall decide. In the event the CITY completes the Work, the CITY may recover any and all costs incurred thereby from the DEVELOPER or the DEVELOPER' surety or both. B. The DEVELOPER shall install and complete the Work in a good and workmanlike manner in accordance with the Plans as approved by the City Engineer of Cupertino. The Work shall be performed under the inspection and with the approval of the City Engineer. The Work shall be done in accordance with the existing ordinances and resolutions of the City of Cupertino, and in accordance with all plans, specifications, standards, sizes, lines and grades approved by the City Engineer. The Work shall be done in accordance with all State and County Statutes applicable thereto. The decision of the City Engineer shall be final as to whether any material or workmanship meets the standards, specifications, plans, sizes, lines and grades as set forth. C. The DEVELOPER shall design and conslruct a Walkway/pathway that is no less than 5' wide from the Rodrigues Avenue sidewalk to its connection with the 8' walkway/pathway along Regnart Creek. The Santa Clara Valley Water District and the City of Cupertino must approve the Regnart Creek pathway/walkway design. Construction and acceptance of both pathway(s)/walkway(s) must be completed prior to building occupancy. D. It is further agreed that 'the Work shall be done in accordance with the most current Standard Specifications of the Department of Public Works, California Department of Transportation, State of California, and in accordance with the specifications of the Cupertino Sanitary District where applicable. Wherever the words "State" or "California Division of Highways" are mentioned in the State Specifications, it shall be considered as referring to the CITY of Cupertino; also wherever the "Director" or "Director of Public Works" is mentioned, it shall be considered as referring to the City Engineer. In case of conflict between the State Specifications and the specifications of the CITY and/or the Cupertino Sanitary District, the specifications of the CITY and/or the Cupertino Sanitary District shall take precedence over and be used in lieu of such conflicting portions. Page 3 of 10 File No.: 52,300 2. EXCAVATION PERMIT It is further.~d that the DEVELOPER shall comply with Section Thr~ of Ordinance No. 130 of the CITY by obtaining an excavation permit from the City Engineer before the commencement of any excavation in, on, or under the surface of any existing public street, lane, alley, sidewalk, or other public place. It is further agreed that the DEVELOPER shall notify the City Engineer of the exact date and time when the proposed excavation is to commence. 3. QUITCLAIM DEED It is further agreed that the DEVELOPER, when requested by the CITY, shall quitclaim all his rights and interests in, and shall grant to CITY authorization to extract water from the underground sWata lying beneath said project and DEVELOPER agrees to execute a "Quitclaim Deed and Authorization" in favor of CITY, when presented to him for signature. 4. BONDS AND OTHER SECURITY A. Upon the execution of the AGREEMENT, the DEVELOPER shall file with the CITY a faithfifl performance bond to assure his full and faithful performance of this AGREEMENT. The penal sum of said faithful performance bond shall be the full cost of any payment to be made under this AGREEMENT, the value of any land agreed to be dedicated, and any improvements to be made under this AGREEMENT. In the event that improvements are to be made under this AGREEMENT, the DEVELOPER shall, in addition to said faithful performance, file with the CITY a labor and materials bond in a penal sum adequate to assure full payment of all labor and materials required to construct said improvements. The amount of said bonds shall be as designated by the City Engineer. Said bonds shall be executed by a surety company authorized to transact a surety business in the State of California and must be approved by the City Attorney as to form and by the City Engineer as to sufficiency. In the event that the DEVELOPER shail fail faithfully to perform the covenants and conditions of this AGREEMENT, or to make any payment, or any dedication of land, or any improvements herein required, the CITY shall call on the surety to perform this AGREEMENT or otherwise indemnify the CITY for the DEVELOPER' failure to so do. B. In lieu of a surety bond, the DEVELOPER may elect to secure this AGREEMENT by depositing with the CITY: Cash; or, A cashier's check, or a certified check payable to the order of the City of C Cupertino or, A certificate of deposit, or instrument of credit meeting the requirements of Government Code Section 66499 Co) or (e). C. The amount of said cash, checks, certificate of deposit, or instrument of credit shall be as designated by the City Engineer, and shall be the equivalent to that which would have been required had the DEVELOPER furnished the CITY with a surety bond. In the event'that the DEVELOPER shall fail faithfully to perform the covenants and conditions of this Page 4 of 10 File No.: 52,300 required, the CITY may apply the proceeds of said security thereto. Do No release of surety bond, cash deposit, check, or certificate of deposit, shall be made except upon approval of the City Council. 1. Schedule for bond and insurance release for paper bonds are as follows: A. Release of 90 percent of the faithful performance bond upon acceptance by City Council Release of the remaining 10 percent of the performance bond at one year from acceptance after all deficiencies have been corrected and in the absence of any claim against such bond. Release of the entire labor and material bond at six months from acceptance alter all deficiencies have been corrected and in the absence of any claim against such bond. De Liability insurance, provided by the developer to hold the City harmless in the event of liability arising from thc project, to be retired at the end of one year if all deficiencies have been corrected and in the absence of any claim against such insurance. e Schedule for Bond and Insurance Release for Cash, CD, Set-Aside Letter are as Follows: A. Release of 45% of bond upon acceptance by City Council. Be Release of additional 45% at six months f~om acceptance after all deficiencies have been corrected and in the absence of any claim against such bond. Release of remaining 10% at one year from date of acceptance at~er all deficiencies have been corrected and in the absence of any claim against such bond. Dt Release of the liability insurance, provided by the developers or contractor to hold the City harmless in the event of liability arising from the subject pwject, at the end of one year if all deficiencies have been corrected and in the absence of any claims against such insurance. E. No interest shall be paid on any security deposited with thc CITY. Page $ of 10 File No.: 52,300 5. CHECKING AND INSPECTION FEE It is further .agreed that DEVELOPER shall pay any and all necessary direct expenses for inspection, checking, etc., incurred by CITY in connection with said Project, and that DEVELOPER shall have deposited with CITY, prior to execution of this AGREEMENT, the amount as set forth herein at Page 2 (Part C). Should construction cost vary materially from the estimate from which said sum is calculated, the City Engineer shall notify DEVELOPER of any additional sum due and owing as a result thereof. 6. INDIRECT EXPENSES It is further agreed that DEVELOPER shall pay to CITY, prior to execution of this AGREEMENT, indirect expense allocable to processing these improvements, the amount aa set forth herein at Page 2 (Part D). 7. MAP CHECKING FEE It is further agreed that the DEVELOPER shall deposit with City, prior to execution of this AGREEMENT, for orifice checking of final map and field checking of street monuments, in compliance with Section 4:1 of Ordinance No. 47 (Revised 12/04/61) of CITY, the amount as set forth herein at Page 2 (Part I). 8. DEVELOPMENT MAINTENANCE DEPOSIT It is further agreed flint the DEVELOPER shall pay to the CITY, prior to execution of this AGREEMENT, the amount set forth herein at Page 2 (Part E) as a development maintenance deposit to insure proper dust control and cleaning during the construction period. The development maintenance deposit may be utilized for repairs of defects and imperfections arising out of or due to faulty workmanship and/or materials appearing in said work during the period until release of the improvement bonds by the CITY. Should the DEVELOPER complete the required repairs to the entire satisfaction of the CITY, the unused balance will be returned aRer the release of the improvement bonds. 9. STORM DRAINAGE FEE It is further agreed that the DEVELOPER shall deposit with the CITY, prior to execution of the AGREEMENT, a storm drainage charge in connection with said Project in accordance with the requirements established in Resolution 4422, March 21, 1977, in the amount as set forth herein at Page 2 (Part F). 10. ONE YEAR POWER COST It is further agreed that the DEVELOPER shall pay to CITY prior to execution of the AGREEMENT, the amount aa set forth herein at Page 2 (Part O), which amount represents the power cost for Ku'eet lights for one year. Page 6 of 10 File No.: 52,300 11. TI~ IN~TA~I~TION OF STI~T h is further agreed that the DEVELOPER sh~11, at such time as deemed appropriate by the City Engineer, plant street trees in conformance with the standards of the City of Cupertino. Variety of tree shall be selected from the City approved list 12. PAKK FEES It is further agreed that the DEVELOPER shall pay such fees md/or dedicate such land to the CITY, prior to execution, as is required within "Park Dedication Ordinance" Number 602, 1972, and which is further stipulated under Part J, Page 2 herein. Fees are also in accordance with action adopted by the City Council on March 19, 1991, and Section 18-1.602 of the Cupertino Municipal Code. 13. MAINTENANCE OF WORK It is further agreed that the DEVELOPER shall maintain the Work: A. For a period'of one (1) year after acceptance of the Work by the City Council of the City of Cupertino, or B. Until all deficiencies in the Work are corrected to conform to the Plaus and the CITY standards and specifications for the Work, whichever is the later to occur. The DEVELOPER shall, upon written notice thereof, immediately repair or replace, without cost or obligation to the City of Cupertino, and to the entire satisfaction of said CITY, all defects and imperfections arising out of or due to faulty workmanship and/or materials appearing in said Work. 14. SANrrARY DISTRICT It is further agreed that the DEVELOPER shall file with crrY, upon execution of this AGREEMENT, a letter from the Cupertino Sanitary District stating that the DEVELOPER has submitted plans for review by the District and that sanitary sewers are available to serve all lots within said Project. 15. BUSINESS AND PROFESSIONS CODE It is further agreed that DEVELOPER shall file with CITY, upon execution of this AGREEMENT, substantial evidence that all provisions of Section 11603, Article 8, Chapter 4 of the Business and Professions Code, pertaining to special assessments or bonds, have been complied with. 16. STREET LIGHTING - P.G.and E. RATE SCHEDULE SHALL APPLY It is further agreed that the DEVELOPER shall apply for the installation of electric power for street lighting at the earliest date possible. Page 7 of 10 File No.: 52,300 17. PACIFIC OAS AND ELECTRIC/PACIFIC BELL It is further.agreed that the DEVELOPER shall pay to Pacific Gas and Electric Company and/or to PACIFIC BELL any and ail fees required for installation of overhead and/or underground wiring circuits to ail electroliers within said property and any and all fees required for undergrounding as provided in Ordinance No. 331 of CITY when DEVELOPER are notified by either the City Engineer or the Pacific Oas and Electric Company and/or PACIFIC BELL that said'fees are due and payable. 18. EASEMENTS AND RIGHT RIGHT-OF-WAY It is further agreed that any easement and right-of-way necessary for completion of the Project shall be acquired by the DEVELOPER at their own cost and expense. It is provided, however, that in the event eminent domain proceedings are required by the CITY for the purpose of securing said easement and right-of-way, that the DEVELOPER shall deposit with CITY a sum covering thc reasonable markct vaiuc of thc land proposcd to be takcn and to bc included in said sum shall be a reasonable ailowance for severance damages, if any. It is further provided that in addition thereto, such sums as may be required for lagai fees and costs, engineering, and other incidental costs in such reasonable amounts as the CITY may require shall be deposited with the City of Cupertino. 19. HOLD HARMLESS It is further agreed that, commencing with the performance of the Work by the DEVELOPER or their contractor and continuing until the completion of the maintenance of the Work as provided in Paragraph 13 above, the DEVELOPER shall indemnify, hold harmless and defend the City from and against any or ail loss, cost, expense, damage or liability, or claim thereof, occasioned by, or in any way whatsoever arising out of the performance or nonperformance of the Work or the negligence or willful misconduct of the DEVELOPER or the DEVELOPER' agents, employees and independent contractors. 20. INSURANCE It is further agreed that: The DEVELOPER shall take out, or shall require any contractor 'engaged to perform the Work to take out, and maintain at all times during the performance and maintenance of the Work called for or required to be done hereunder, a policy of insurance naming the CITY and members of the City Council of the City of Cupertino, individually and collectively, and the officers, agents and employees of the City individually and collectively, as additionai insured. Said separate policy shall provide bodily injury and property damage coverage to the foregoing named CITY and individuals covering ail the Work performed by, for, or on behalf of said DEVELOPER. Both bodily injury and property damage insurance must be on an occurrence basis; and said policy or policies shall provide that the coverage afforded thereby shall be primary coverage to the full limit of liability stated in the declarations, and if the City, its members of the City Council individually and collectively, and the officers, agents, and employees of the CITY, individually and collectively, have other insurance against the loss Page 8 of 10 File No.: 52,300 covered by said poli y or policies, other imsumc not call l upon to cover under said additional policy. A. Each of said policies of insurance shall provide coverage in the following minimum amounts: For bodily injury, $100,000 each person; $300,000 each occurrence, property damage, $50,000 on account of any one occurrence with an aggregate limit of not less than $200,000. B. The DEVELOPER shall file with the City Engineer at or prior to the time of execution of this AGREEMENT by the DEVELOPER such evidence of said foregoing policy or policies of insurance as shall be satisfactory to said City Engineer. Each such policy or policies shall bear an endorsement preeludlng the eaueellafion or reduction in coverage without giving the City Engineer at least ten (10) days advance notice thereof. C. In the event that the project covered herein should be mutually situated in or affect the area of jurisdiction of a separate municipality or political subdivision of the State of California, the policies of insurance required herein and above shall co-name such municipality or political subdivision and the provision set equally apply to municipality and political subdivision. 21. WATER MAIN EXTENSION DEPOSIT The DEVELOPER further agrees to deposit with the CITY those monies required to comply with "Policy on Water Main Extensions Work and Deposits: dated September 9, 1977. The deposit shall be held by the CITY until said monies are needed to implement improvements outlined by the Director of Public Works or improvements outlined within an adopted Water Master Plan. The amount shown herein at PART K, Page 2 shall be the full amount due. 22. MAP AND/OR IMPROVEMENT PLANS It is further agreed that the CITY shall obtain the following map and/or plans at the DEVELOPER' expense: A. A 4 mil mylar and twelve (12) prints of fully executed tract map. B. A 4 mil mylar and twelve (12) prints of fully executed improvement plans. C. A scan in CAD format of all executed improvement plans and map. The DEVELOPER agree to pay the CITY from the development maintenance deposit the cost for all prints of plans and map required under Item 22. Page 9 of 10 File No.: 52,300 23. 'I33~S ~ CONDITIONS It is further .agreed that the above named terms and conditions for the said Tract shall bind the heirs, successors, administrators or assi~n.~ of the DEVELOPER. The assignment of this AGREEMENT shall not be made without approval by the City Council of said CITY. IN WITNESS WHEREOF, CITY has caused its name to be hereunto affixed by its Mayor and City Clerk, thereunto duly authorized by resolution of the City Council and said DEVELOPER has hereunto caused his name to be affixed the day and year first above written. Approved as to form: CITY OF CUPERTINO: Mayor City Attorney City Clerk Notary Acknowledgment Required Exhibit A Attached Page 10 of 10 File No.: 52,300 State of California 0ounty of Santa Clara C~ May 15, 2002 before me, the ur~mrsi~, a Notary Public in and for said State, personally appeared Mark Roberts, personally known to me (or proved to me on the basis of satisfactory evi~l=_nce) to be the person(s) whose nam~ (s) is/a~e subscribed to the within instrument and acknowled~ to me that he/she/they executed the samm in his/her/their aut_~Drized capacity(ies), and that by his/her/their signature (s) on the inst~t the person(s), or the entity upon behalf of which the person(s) acted, ex~cuted the instrtm~nt. WI~qESS my hand~.~_ fici~ Name: Kar~n SANTA CLARA COUNTY {Ssa.l) CITY OF City Hall 10300 Torre Avenue Cupertino, CA 95014-3255 (408) 777-3262 FAX: (408) 777-3366 SUMMARY Public Information Office ~-'V,~- 3 Agenda Item \\ Date: ~ 2002 Subject: Approval of recommendation from Telecommunications Commission for awarding a public access grant. Background: At its meeting of May 1, the Telecommunications Commission reviewed an application for a public access grant totaling $235. The commission has a $2,000 grants budget, and funding for the proposal would come from that source. The commission discussed the project with Linda Groclt, who produces an award-winning program called Silicon Kids. The show spotlights the community using youngsters as hosts and interviewers looking at the community from a young person's point of view. The commission unanimously approved the grant request. Recommendation: The City Council approve the recommendation from the Telecommunications Commission to award a $235 grant to access producer Linda Grodt. Submitted By: Rick Kitson Public Information Officer David Knapp City Manager Printed on Recycled Paper GRANT APPLICATION FORM Preamble: Individuals or organizations wishing to produce a public access program and apply for a grant that meets thc goals outlined in the Grant Guidelines and Grant ~4oo~lcation Procedure must complete the application below and submit it to thc Public Information Officer, C' Cupertino, 10300 Torre Avenue, Cupertino, CA 95014. Grant amounts,will normally be limited to a maximum of $250 per project per individual or organization per fiscal year (July I through June 30). This amount will be at the discretion of the Telecommunications Commission. Deadline for Application: thc 15th of each month. Name: Linda Grodt 26 Add,ss: 501 W.. Hacienda Ave. Apt. Campbell, CA. 95008 Organization: "Silicon Kids" Phone: (W) Phone: 866-2050 (H) Amount requested: $ 2'35.00 Describe your project; include a timeline and budget. Explain thc intended use of thc grant funds. Usc the Grant ~ and Grant Procedure in filling out this application. GRANT GUIDELINES AND GRANT APPLICATION PROCEDI.,~E The Cupertino Telecommunications Commission, the "Commission", on behalf of the City Council, solicits proposals from individuals and organizations for community access programming projects that will benefit thc Cupertino community. The goal of this grant program is to encourage the development of both local programming and innovative uses of thc Cupertino Community Access Channel, thc "Access Cha' '". GENERAL GUIDELINES ON THE PURPOSE OF GRANTS Grant Award Priority: When considering grant applications, Priority will bc given to projects that concern specific community issues, events or topics that arc not currently available on other TV channels or other community source. Supplemental Fundinl~: Where appropriate, applicants for grants arc encouraged to secure financial and other assistance from local groups and interested individuals. Efforts by a,n applicant to secure assistance from other organizations will bc considered in determining thc amount of money to be awarded under a granL Funding Acknowledgments: Acknowledgements of financial and other assistance may be given in program credits, as explained in the Producers ,4greement, together with acknowledgment of the grant from the City of Cupcrtino. Grant Limitations: Grants ar~ not intended to be used for ~lari~, wages, or for a producer's personal galm Props, and other minor items purchased through this grant program, will become thc property of thc Access Channel and may be used by other Access Channel producers. Eligibility: Individual producers requesting a grant must be at lcastl 8 years of age. Organizations re. questing a grant must: ( be a nonprofit corporation or an unincorporated association, and ( be located in Cupertino or sponsored by a Cupertino organization, and ( provide the Public Access Director with certification of its nonprofit status. Grant Amounts: Grant amounts will normally be limited to a maximum of $250 per project per individual or organization per fiscal year (Julyi through June 30). This amount will be at thc discretion of thc Commission. ADMINISTRATION OF THE GRANT PROCESS Thc Commission will initiate an annual grant campaign. Typically thc campaign will coincide with thc City's fiscal year, July I to June 30. It is the Commission's desire and intent to expend all thc grant money during thc annual campaign. Suitable public notice will bo provided to allow time for interested parties to apply. In order for an applicant to be considcrccl at a Commission meeting, the applicant shall have thc application turned into thc City's Public Information Officer by thc ISth day of the prior month. htlp:l/www.cup~dino.oro/updall/h~JI/commlllio~l/grlnlip.hlm f [ ~ e) City of Cupertino Telecommunications Commission Grant "Silicon Kids" is.a multi-award winning children-teen television program wi~h four local youngsters who are the hosts and interviewers. The program is to inform youngsters and the community that there are fun, interesting, and educational places to visit in the Cupertino area. The program introduces interesting people and local youngsters who are exemplary in the community to the audience. The program also takes the audience to places they would not be able to visit themselves. "Silicon Kids" fill~ a need for quality children's television programming in Cupertino. I am stilI learning the new digital editing system Adobe Premiere. I am presently editing (the first of several) the "National Association of Student Councils Conference" (which was held at Monta Vista High School) program. I have enough footage to make at least three'shows. I hope to complete the first show in June. ~he second show should e completed before the end of the year and the third one started. The series of programs will include interviews with Sally Ride, the first American woman astronaut in space, and high school student leaders from several U.S. states, Puerto Rico, and' Australia. My grant request is for $235.00 to cover the cost of purchasing Panasonic ~lini DV tapes and VHS tapes. These tapes are now needed because of the new digital editing system. My already shot Hi-8 tapes have to be transferred to digital tapes then to ~S tapes for window dubs for logging. I also must purchase a parking sticker every quarter at De Anza College in order to park in the garage. Linda Grodt~Producer-Director-Camera-Editor of "Silicon Kids" April 15, 2002 "Silicon Kids" Grant Proposal Budget Program--National Association of Student Councils Conference (T~ree programs are projected..) Panasonic Mini DV Tapes (12) at $9-70 and tax 126..00 VHB Tapes (6) at and tax 26.00 Parking Sticker Spring Summer Fall (3) at $27.50 (Rounded off) 23~.50 $235.O0 Panasonic Mini DV Tapes purchased at VMI in Sunnyvale VHS Tapes purchased at Fry's Linda Grodt--Producer of "Silicon Kids" April 15, 2002 CITY OF CUPEP INO City of Cupertino 10300 TorTe Avenue Cupertino, CA 95014 (408) 777-3308 FAX (408) ~7~-3333 Community Development Department Agenda Item No. Subject: Summary Agenda Date: ]une 3, 2002 Amending condition number 30 of Use Permit 05-U-00, Kimpton Hotel, 10050 S. De Anza Boulevard, regarding contributions to a pedestrian crossing. Recommendation: Staff recommends the Council approve the amendment of condition number 30 of Use Permit 05-U-00 to allow the contribution requirement of $30,000 for the crosswalk improvements to be used for temporary landscape improvements to Four Seasons Corner in front of the Cypress Hotel. Background: On June 12, 2000, the Planning Commission adopted Resolution 6033 (attached) approving a use permit to construct the 224-unit Kimpton Hotel (now known as the Cypress Hotel). Resolution number 6033 included cOndition 30 requiring the developer to contribute $30,000 to the pedestrian crossing project at the corner of Stevens Creek Boulevard and De Anza Boulevard. A similar condition was placed on the Prometheus Apartment project. On June 19, 2000, the City Council approved the use permit per Planning Commission Resolution 6033. Discussion: The Kimpton Group and Prometheus were permitted to occupy the Four Seasons Corner as a construction staging area for both projects. Plans are underway (although not completely funded as currently conceived) to complete permanent improvements on the Four Seasons Comer to complement both projects when completed. The apartment project is scheduled to open in the spring of 2003. Amending condition number 30 of UsePermit05-U-00, KimptonHotel, 10050 S. De Anza Boulevard, regardingcontributionsto a pedestriancrossing. June 3, 2002 Page 2 However, The Cypress Hotel is scheduled to open in July 2002 and desires that a temporary and interim landscape improvement project be completed as shown on the attached site plan to complement the opening and use of the adjacent hotel restaurant. The estimate for this work is $40,000. The City has budgeted funds in the adopted 2001-02 Capital Improvement Program to install these interim improvements and has completed the design for the project. However, owing to the urgency of the fast approaching July opening date for the Cypress Hotel, it is mutually agreed by staff and the hotel project managers that it would be more expeditious for the work to be accomplished by the hotel and its contractors. To accomplish this goal, staff and the hotel developer have agreed to have the hotel contractor complete this work on condition that the $30,000 contribution to the pedestrian crossings (Condition No. 30 of 05-U-00) be removed and applied instead to this interim work. Staff and the hotel developer (The Kimpton Hotel group) have also agreed that the City would contribute an additional $10,000 by separate agreement, should the Council approve both of these actions. The funding agreement is recommended in a separate action on today's Council Agenda. Steve Piasecki, Director of Community Development Ralph Qualls, Director of Public Works APPROVED FOR SUBMITTAL: David Knapp, City Manager Enclosures: Resolution No. 6,)--[ 02, Site Plan Planning Commission Resolution No. 6033 Resolution No. 02-102 DRAFT A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO AMENDING CONDITION NUMBER 30 OF PLANNING COMMISSION RESOLUTION NUMBER 6033. WHEREAS, on June 23, 2000, the City Council approved use permit 5-U-00 to permit the construction of a 224 room hotel (Cypress Hotel) located within the Cupertino City Center development at the South East comer of Stevens Creek Boulevard and De Anza Boulevard. WHEREAS, use permit 5-U-00 included condition number 30 requiring participation in pedestrian crossing improvements. WHEREAS, it is necessary to provide funds to install temporary landscape improvements in front of the Cypress Hotel. NOW, THEREFORE, it is hereby resolved that condition number 30 is amended to read as follows: Condition 30: Developer to contribute twenty-five percent (25%) of the total cost of Architectural and Pedestrian Crossing Project at intersection of Stevens Creek Blvd. and De Anza Blvd. Alternatively, the developer's contribution may be used to install temporary landscape improvements in the area known as Four Seasons Corner located in front of the new restaurant. PASSED AND ADOPTED by the City Council of the City of Cupertino, this 3rd day of June, 2002, by the following vote: Vote Members of the City Council AYES: NOES: ABSENT: ABSTAIN: ATTEST: APPROVED: City Clerk Mayor, City of Cupertino City Ce Cupertino, California nter P laza April 8,2002 Plaza Interim Plan April 4, 2002 · Construction staging area for Verona Apartments fenced in. · Fire acceSs for apartments in construction staging area. · Trees to remain in boxes. · Existing signs to remain. THE GUZZARDO PARTNERSHIP INC. Landscape Architects. Land Planners 836 Montgomery Street San Francisco. CA 94133 T 415 433 4672 F 415 433 5003 CITY OP CUPI~RTINO 10300 Torte Avenue Cupertino, California 95014 RESOLUTION NO. 6033 5-U-O0 OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO RECOMMENDING APPROVAL OF A USE PEPdVIIT TO CONSTRUCT A NEW 224 ROOM, 130,580 SQUARE FOOT HOTEL, RESTAURANT, AND BAR ON A VACANT PARCEL AT LOT 6, TRACT 7953, CUPERTINO CITY CENTER SECTION I: FINDINGS WHEREAS, the Planning Commission of the City of Cupertino received an application for a Use Permit, as described in Section II. of this Resolution; and WHEREAS, the necessary public notices have been given in accordance with the Procedural Ordinance of the City of Cupertino, and the Planning Commission has held one or more public hearings on this matter; and WHEREAS, the applicant has met the burden of proof required to support said application; and has satisfied the following requirements: 1) The proposed use, at the proposed location, will not be detrimental or injurious to property or improvements in the vicinity, and will not be detrimental to the public health, safety, general welfare, or convenience; 2) The proposed use will be located and conducted in a manner in accord with the Cupertino Comprehensive General Plan, as amended, and the purpose of this title. 3) The hotel fulfills Policy 2-2 of the General Plan by creating a community focal point that serves City residents and is scaled for pedestrians. It fulfills Policy 2-3 by providing a full-service hotel. 4) The hotel fulfills the Heart of the City goals of creating a high quality and district community image and a functional and vibrant heart for Cupertino. NOW, THEREFORE, BE IT RESOLVED: That after careful consideration of maps, facts, exhibits, testimony and other evidence submitted in this matter, the application for Use Permit is hereby recommended for approval, subject to the conditions which are enumerated in this Resolution beginning on Page 2 thereof; and That the subconclusions upon which the findings and conditions specified in this resolution are based and contained in the public hearing record concerning Application No. 5-U-00 as set forth in the Minutes of the Planning Commission of June 12, 2000, and are incorporated by reference as though fully set forth herein. Resolution No. 6033 Page -2- 5-U-O0 June 12, 2000 SECTION II: PROJECT DESCRIPTION Application No.: Applicant: Location: 5-U-00 Kimpton Hotel & Restaurant Group Lot 6, Tract 7953, Cupertino City Center SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT DEPT. o APPROVED EXHIBITS Approval is based on Sheets C-1 and Sheets L1.2, Site Plan, Floor Plans (4), Elevations (4), Walls Details, Sections (3), Rendering all dated June 5, 2000, Colored Elevation and submitted material board except as amended by conditions contained in this Resolution. WINDOW MATERIALS Window lintels and sills shall consist of hard-troweled foam. PARKING MANAGEMENT PLAN A parking management plan shall be prepared by the applicant and approved by staff prior to final occupancy that describes the parking system used by hotel guests, restaurant customers, staff and valet parking. The purpose of the study is to ensure that guests/customers will not have parking problems or undue parking costs because of the on-site parking shortage. SECURITY PLAN FOR PARKING GARAGE A security plan for the parking garage shall be prepared by the applicant and approved by the Sheriff's Department prior to occupancy. ARCHITECTURAL AND SITE APPROVAL The outdoor patio hedge area, all outdoor lighting, balconies, awnings, landscape pots (including landscaping in the upper parking garage), the water feature, paving design and materials, and sidewalks/landscaping along Cali Avenue shall receive architectural and site approval from the Planning Commission prior to issuance of building permits. The lower tower elements shall have more substantial bands. SIGNS The sign locations and design are not included in this approval. Signs shall receive architectural and site approval and a sign exception, if applicable, prior to construction. CALl ROAD AND ENTRYWAY That portion of Cali Road that terminates adjacent to the rear of APN 369-01-001 shall be abandoned. There shall be no parking on Cali Road or the private entry courtyard. Short-term loading is allowed. TREE PROTECTION An arborist's report shall be prepared that will assess the acacia trees at the rear of APN 369-01-001 to determine if they can retained due to their close proximity to the parking structure. If they can not be retained, the report shall analyze the possibility of receiving permission to remove and replace them Resolution No. 6033 Page -3- 5-U-00 June 12, 2000 with trees more appropriate to the narrow planting space. If permission is not granted, the applicant shall provide climbing plants along the face of the parking structure. 10. 11. 13. 14. 15. 16. SHARED PARKING AGREEMENT A grant of easement for parking and amendment to the CC & R's shall be submitted with the building permit for use of parking spaces in the below-grade parking structure located on the adjoining parcel located to the East. The text of the easement shall be approved by staff, after City Attorney review. FOUR SEASONS PLAZA Amend the June 26, 1997, License Agreement between the Cupertino City Center Owners Association and the City of Cupertino to incorporate a new Exhibit A, which is the map depicting the Property involved in the agreement. The new Exhibit shall accurately reflect the proposed lot line adjustment. The recordation of. this Agreement shall be in conjunction with the Lot Line Adjustment recordation for this project. The text of the amended Agreement shall be approved by City staff, at~er City Attorney review. SOLID WASTE DISPOSAL The developer shall make provisions for recycling facilities, which shall be accessible to the Los Altos Garbage Company. The recycling and garbage areas shall reviewed and approved in writing by the Los Altos Garbage Company prior to issuance of building permits. LOT LINE ADJUSTMENT REQUIRED The lot line adjustments depicted in the plan set are required to be recorded prior to the issuance of a building permit. SANITARY DISTRICT Prior to obtaining a building permit, the applicant shall pay for the appropriate mitigation costs to provide the required capacity and shall enter into a reimbursement agreement with the District for reimbursement by other property owners for other than their proportionate share. AMENITY SPACE Amend the Agreement for the amphitheater and pool located on parcel #23 to allow use by the hotel guests. The Agreement shall be provided with the building permit. The Agreement wording shall be approved by staff, after review by the City Attorney and recorded in conj.unction with the building permit. BICYCLE STORAGE A plan for bicycle storage shall be provided, approved by staff, prior to issuance of building permits. NOTICE OF FEES, DEDICATIONS, RESERVATIONS OR OTHER EXACTIONS The Conditions of Project Approval set forth herein may include certain fees, dedication requirements, reservation requirements, and other exaction's. Pursuant to Government Code Section 66020(d) (1), these Conditions constitute written notice of a statement of the amount of such fees, and a description of the dedications, reservations, and other exaction's. You are hereby further notified that the 90-day approval period in which you may protest these fees, dedications, reservations, and other exaction's, Resolution No. 6033 5-U-00 Page -4- June 12, 2000 pursuant to Government Code Section 66020(a), has begun. If you fail to file a protest within this 90- day period complying with all of the requirements of Section 66020, you will be legally barred from later challenging such exactions. 17. 18. 19. 20. 21. 22. 23. 24. 25. SECTION IV: CONDITIONS ADMINISTERED BY THE PUBLIC WORKS DEPT. STREET WIDENING Street widening, improvements and dedications shall be provided in accordance with City Standards and specifications and as required by the City Engineer. CURB AND GUTTER IMPROVEMENTS Curbs and gutters, sidewalks and related structures 'shall be installed in accordance with grades and standards as specified by the City Engineer. STREET LIGHTING INSTALLATION Street lighting shall be installed and shall be as approved by the City Engineer. Lighting fixtures shall be positioned so as to preclude glare and other forms of visual interference to adjoining properties, and shall be no higher than the maximum height permitted by the zone in which the site is located. FIRE HYDRANT Fire hydrants shall be located as required by the City. TRAFFIC SIGNS Traffic control signs shall be placed at locations specified by the City. STREET TREES Street trees shall be planted within the Public Right of Way and shall be of a type approved by the City in accordance with Ordinance No. 125. GRADING Grading shall be as approved and required by the City Engineer in accordance with Chapter 16.08 of the Cupertino Municipal Code. DRAINAGE Drainage shall be provided to the satisfaction of the City Engineer. Surface flow across public sidewalks may be allowed in the R-1, R-2 and R-3 zones unless storm drain facilities are deemed necessary by the City Engineer. Development in all other zoning districts shall be served by on site storm drainage facilities connected to the City storm drainage system. If City storm drains are not available, drainage facilities shall be installed to the satisfaction of the City Engineer. UNDERGROUND UTILITIES The developer shall comply with the requirements of the Underground Utilities Ordinance No. 331 and other related Ordinances and regulations of the City of Cupertino, and shall coordinate with affected utility providers for installation of underground utility devices. The developer shall submit detailed 26. Resolution No. 6033 Page -5- 5-U-00 June 12, 2000 plans showing utility underground provisions. Said plans shall be subject to prior approval of the affected Utility provider and the City Engineer. IMPROVEMENT AGREEMENT The project developer shall enter into a development agreement with the City of Cupertino providing for payment of fees, including but not limited to checking and inspection fees, storm drain fees, park dedication fees and fees for undergrounding of utilities. Said agreement shall be executed prior to issuance of construction permits. Fees: a. Checking & Inspection Fees: b. Development Maintenance Deposit: c. Storm Drainage Fee: d. Power Cost: e. Map Checking Fees: f. Park Fees: g. Grading Permit: h. Street Improvement Reimbursement: i. Pedestrian Crossing Reimbursement: $ 6% of Improvement Cost or $1,975.00 minimum $ 3,000.00' $2,420/acre $75.00/street light N/A N/A $ 6% of on-site improvement Cost or $460.00 mill. $ 6,750.00 See item -30. Not to exceed $60,000.00 for both the hotel and apartment projects The fees described above are imposed based upon the current fee schedule adopted by the City Council. However, the fees imposed herein may be modified at the time of recordation of a final map or issuance of a building permit in the event of said change or changes, the fees changed at that time will reflect the then current fee schedule. 27. 28. 29. 30. TRANSFORMERS Electrical transformers, telephone vaults and similar above ground equipment enclosures shall be screened with fencing and landscaping or located underground such that said equipment is not visible from public street areas. DEDICATION OF WATERLINES The developer shall execute a quitclaim deed for underground water rights to San Jose Water and shall reach an agreement with San Jose Water Company for water service to the subject development. BEST MANAGEMENT PRACTICES Utilize Best Management Practices (BMP's), as required by the State Water Resources Control Board, for construction activity which disturbs soil. BMP plans shall be included in your grading and street improvement plans. PEDESTRIAN CROSSING Developer to contribute twenty-five percent (25%) or. the total cost of Architectural and Pedestrian Crossing Project at intersection of Stevens Creek Blvd. and De Anza Blvd. Resolution No. 6033 5-U-00 Page -6- June 12, 2000 GRADING In conjunction with the grading permit the applicant shall submit a path-of-travel for the trucks leaving the site and hours of operation. The hours of operation shall be non-peak. PASSED AND ADOPTED this 12th day of June, 2000, at a regular meeting of the Planning Commission of the City of Cupertino, State of California, by the following roll call vote: AYES: NOES: ABSTAIN: ABSENT: COMMISSIONERS: Corr, Kwok COMMISSIONERS: Chairperson Harris COMMISSIONERS: COMMISSIONERS: Doyle, Stevens Steve¥ias~-cki ~ -' Director of Community Development APPROVED: Andrea Harris, Chairperson Cupertino Planning Commission g/planning/pdreport/res5 u006-12-00 CITY OF cu erJ no City Hall 10300 Torte Avenue Cupertino, CA 95014-3255 (408) 777-3354 FAX (408) 777-3333 PUBLIC WORKS DEPARTMENT AGENDA ITEM Summary AGENDA DATE 6-3-02 SUBJECT AND ISSUE Adoption of a resolution Authorizing the City Manager to Negotiate and Execute and Agreement with the Kimpton Hotel Group to commit $10,000 to the construction of the interim improvements to the Four Seasons comer for the opening of the Cypress Hotel. BACKGROUND The Verona Apartments Project and the Cypress Hotel project have begun construction and the hotel is scheduled for completion in July 2002. Of necessity, the two projects have occupied the site as a staging area for the construction contractors such that any completion of the park site has been deferred to next year to coincide with the opening of the Verona project. However, interim improvements need to be made to the property adjacent to the hotel restaurant to accommodate its July opening. These improvements would simply amount to moving the construction fence back approximately 200 feet from De Anza, installing turf and minimal irrigation and perhaps some boxed trees near the restaurant. A copy of the concept plan for the interim improvements is attached. The total budget estimate for the interim work is approximately $40,000. In a separate action, staff is recommending that the Council hold a public hearing and approve the deletion of a condition on the Cypress Hotel development permit (Item no. 30 - Pedestrian Crossing Contribution, Permit 5-U-00 approved by the Council on June 19, 2000 per Planning Commission Resolution No. 6033 on July 12, 2000) that would have required that the project contribute $30,000 towards the construction of an enhanced pedestrian crossing at Stevens Creek and De Anza Boulevards. This deletion would be contingent on the hotel developer applying the funds towards the construction of the interim improvements using the hotel project contractors. Approval of this agreement with the Kimpton Group, contingent on approval of the deletion of the $30,000 payment requirement in the development permit, will provide the funding and means to complete the temporary improvements for the July opening of the Hotel to the benefit of all parties. Printed on Recycled Paper FISCAL IMPACT Funding is available in the adopted 2001-02 Capital Improvement program for the interim improvements to commit funds in the amount of $10,000 to the Kimpton Hotel Partners to apply to the construction of the project. In addition $30,000 is proposed to be shifted from the interim improvements project to the park and crosswalks project to make up for the deletion of the $30,000 for the enhanced crosswalks. STAFF RECOMMENDATION Adoption of Resolution No. 02- } I) 3 Authorizing the City Manager to negotiate and execute an agreement with the Kimpton Hotel Group in an amount not to exceed $10,000.00 for the construction of interim improvements on the Four Seasons Comer to complement the opening of the Cypress Hotel in July 2002. Submitted by: Ralph A. Qualls, Jr. Director of Public Works Approved for submission: David W. Knapp City Manager DRAFT RESOLUTION NO. 02-103 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE A COST SHARING AGREEMENT WITH KIMPTON HOTEL GROUP TO CONTRIBUTE UP TO $10,000 TO THE COST OF INTERIM IMPROVEMENTS ON FOUR SEASONS CORNER WHEREAS, Kimpton Hotel Group has presented a proposal to the City of Cupertino to construct interim improvements on the property adjacent to the hotel restaurant at Four Seasons comer; and WHEREAS, the City of Cupertino desires to enter into a cost-sharing agreement with Kimpton Hotel Group to provide funds for interim construction in an amount not to exceed $10,000.00; and NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Cupertino hereby authorizes the City Manager to negotiate and execute a cost-sharing agreement for interim improvements to the Four Seasons comer on behalf of the City of Cupertino. PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this 3rd day of June, 2002, by the following vote: Vote Members of the City Council AYES: NOES: ABSENT: ABSTAIN: ATTEST: APPROVED: City Clerk Mayor, City of Cupertino Plaza Interim Plan April 4, 2002 · Construction staging area for Verona Apartments fenced in. · Fire access for apartments in construction staging area. · Trees to remain in boxes. Existing signs to remain. City Center Cupertino, California Plaza April 8,2002 THE GUZZARDO PARTNERSHIP INC. Landscape Architects · Land Planners 836 Montgomery Street San Francisco, CA 94133 T 415 433 4672 F415 433 5003 CITY OF CUPEI INO City Hall 10300 Torre Avenue Cupertino, CA 95014-3255 Telephone: (408) 777-3220 Fax: (408) 777-3366 DEPARTMENT OF ADMINISTRATIVE SERVICES Agenda Item No. SUBJECT AND ISSUE SUMNIARY Meeting Date: June 3, 2002 Public Heating on the 2002/03 City Budget. BACKGROUND The purpose of tonight's hearing is to conduct a preliminary review of the annual budget and to give the public an opportunity to ask questions concerning fees and programs before its adoption. An in-depth review of the budget document was presented to City Council at the budget work session on May 28. At that time, the Council discussed our general fund financial situation, reserve policy, proposed programs, departmental budgets and the five year capital improvement program. RECOMMENDATION Staff recommends that the Council receive public comments on the 2002/03 proposed budget. Submitted by: Carol A. Atwood Director of Administrative Services Approved for submission: David W. Knapp City Manager CITY OF CUPEP INO City of Cuperttno 10300 Torte Avenue Cupertino, CA 95014 (408) 777-3308 FAX (408) 777-3333 Community Development Department Housing Services Summary Agenda Item No. J___~ Agenda Date: ~une 3, 2002 Subject: Consideration of setting a public hearing for a General Plan amendment to locate a church in an existing office building on 10051 Pasadena Avenue (within the Monta Vista Neighborhood Commercial/Residential Land Use Area). RECOMMENDATION The Planning Commission recommends that the City Council authorize a public hearing to amend the General Plan to locate a small quasi-public use in an existing office building on 10051 Pasadena Avenue (within the Monta Vista Neighborhood Commercial/Residential Land Use Area). BACKGROUND The Cupertino Municipal Code Section 20.02.025 requires City Council authorization prior to initiating consideration of a General Plan Amendment. Amendments may be commenced by either the Planning Commission, with a recommendation to the City Council, or the City Council. The applicant proposes a General Plan amendment to allow partial use of an office building for a quasi-public (church) use (see enclosed letter). Because of the recent deletion of Policy 2-80 from the General Plan, which allowed quasi-public uses in Any land use designation, new quasi-public uses must seek a General Plan amendment. The current land use designation for this property is Neighborhood Commercial/ Residential. The current zoning is Planning Development, Neighborhood commercial, Light Industrial, Residential 4-12. The Planning Commission adopted Resolution No. 6138 (attached) recommending approval of the general plan amendment at a public hearing on May 29, 2002. DISCUSSION The applicant proposes commercial uses along Pasadena Avenue and church and office uses facing the parking lot and on the second story. The applicant is including commercial uses because the General Plan and zoning designation are neighborhood commercial, and because staff encouraged commercial uses to maintain and stimulate The Church in Los Altos June 3, 2002 Page 2 pedestrian activity in the area. The applicant's letter and plan set describe the proposed uses and square footage as follows: Second Floor Ground Floor 5,000 s.f. office 4,600 s.f. office Required Parking 38.4 (4/1000) spaces Provided parking [Staff note: Original use permit 2-U-81 reports 43 spaces, 34 on-site and 9 on- street. More detailed parking analysis will be conducted by staff at the use permit phase.] 39 spaces 5,000 s.f. office 1,200 s.f. church assembly (facing parking lot) (26% of ground floor). 2,100 s.f. office use (facing parking lot) 500 s.f. Christian Bookstore and 800 s.f. future retail (facing Pasadena Avenue) - 66% of property frontage. 30 (4 per space) Sundays only 32 (4/1000) spaces on weekdays 139 spaces FINDINGS FOR GENERAL PLAN AMENDMENT To initiate an amendment, the City Council must find that a proposed amendment will benefit the City and is compatible with the existing goals and policies_of the General Plan and the amendment should meet at least one of the following criteria: 1. The proposal appears to support the existing general plan goals and objectives (although the degree of public benefit could not be fully ascertained until the project is fully assessed); The described function of the Monta Vista area in the General Plan is: 'Monta Vista is the commercial and residential district that predates Cupertino's incorporation. The commercial district should serve as a commercial center for Monta Vista and its adjoining neighborhoods. Residential use areas should be retained and enhanced.' Staff believes the conversion of existing office space to commercial space on the first floor supports the intended function of the Monta Vista area, while allowing quasi- public use in a portion of the building. The proposed use would be beneficial to the City by adding more active commercial uses to an existing office building, and beneficial to its residents by providing a church meeting space. The Church in Los Altos June ~, 2002 Page 3 m The proposal represents an unforeseen land use trend that has not been previously considered; Cupertino has received requests for small church uses in office areas before, so this is not an unforeseen trend. ge The existing general plan policy which precludes the proposal is based upon outdated or inaccurate information. The elimination of Policy 2-80 was based on' the inappropriateness of large quasi- public uses in a non-quasi-public land use designation. This proposal is for a small quasi-public use. This finding can be made. INITIATION Staff believes there is sufficient cause to consider an amendment to the land use element to allow small, quasi-public activity to locate in an office building. To do so will require an amendment to the land use element of the General Plan. Staff also believes that as part of the comprehensive General Plan update the possibility of allowing similar quasi-public uses in the Monta Vista Special Planning Area section (page 2-13 of the General Plan) should be evaluated. Development activities would be amended to allow quasi-public activities in office or commercial buildings under certain conditions. Possible conditions are that the quasi-public use would be similar in scale and impacts to existing development, that the quasi-public use does not take up more than 50% of the first floor and that the remaining first floor consists of commercial uses fronting the street. The possibility of allowing similar small, quasi-public uses in other areas of the City will be evaluated. PROCESSING The processing steps for a General Plan Amendment, upon the City Council's authorization of the public hearing are: 1. Planning Commission holds an advertised public hearing to discuss the amendment and makes a recommendation to the City Council. In this case, the public hearing will include the use permit for the applicant's proposal, as well. 2. The City Council holds an advertised public hearing to approve or deny the Planning Commission recommendation. If the City Council makes a "substantial modification" to the recommended amendment that Was not discussed by the Planning Commission, the item must return to the Planning Commission (California Government Code 65356). Iq-3 The Church in Los Altos June 3, 2002 Page 4 PREPARED BY: Stev~eiase}ki, l~i-rect~r of Community Development APPROVED FOR SUBMITI'AL: David Knapp, City Manager Enclosures: Planning Commission Resolution No. 6138 Location Map Letter from The Church in Los Altos, dated April 26, 2002 G: \ I hm.ing \ PDREt OR'I*~ CC ~ GPA-2002-01CC.,toc CITY OF CUPERTINO 10300 Torre Avenue Cupertino, California 95014 GPA-2002-01 RESOLUTION NO. 6138 OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO RECOMMENDING SETTING A PUBLIC HEARING FOR A GENERAL PLAN AMENDMENT TO LOCATE A QUASI-PUBLIC USE IN A NEIGHBORHOOD COMMERCIAL LAND USE DESIGNATION SECTION I: PRO|ECT DESCRIPTION Application No.: Applicant: Location: GPA-2002-01 The Church in Los Altos 10051 Pasadena Avenue SECTION II: FINDINGS WHEREAS, the Planning Commission of the City of Cupertino received an application for a General Plan Amendment, as described in Section I of this Resolution; and WHEREAS, the applicant has met the burden of proof required to support said application; and has satisfied the following requirements: 1) The proposal appears to support the existing general plan goals and objectives (although the degree of public benefit could not be fully ascertained until the project is fully assessed) because the General Plan designates Monta Vista as a commercial district and the application has a commercial component; 2) The existing general plan policy which precludes the proposal is based upon outdated or inaccurate information because the elimination of Policy 2-80 was based on the inappropriateness of large quasi-public uses in a non-quasi-public land use designation. This proposal is for a small quasi-public use. NOW, THEREFORE, BE IT RESOLVED: That after careful consideration of maps, facts, exhibits, testimony and other evidence submitted in this matter, the application for General Plan Amendment are hereby recommended for approval, subject to the conditions which are enumerated in this Resolution beginning on Page 2 thereof; and That the subconclusions upon which the findings and conditions specified in this Resolution are based and contained in the public hearing record concerning Application No. GPA-2002- 01 as set forth in the Minutes of the Planning Commission Meeting of May 28, 2002, and are incorporated by reference though fully set forth herein. Resolution No. 6138 GPA-2002-01 May 28, 2002 Page 2 PASSED AND ADOPTED this 28m day of May 2002, at a Regular Meeting of the Planning Commission of the City of Cupertino, State of California, by the following roll call vote: AYES: NOES: ABSTAIN: ABSENT: COMMISSIONERS: Wong, Saadati, Chen, Auerbach and Chairman Corr COMMISSIONERS: COMMISSIONERS: COMMISSIONERS: ATTEST: APPROVED: /s/Steve Piasecki Steve Piasecki Director of Community Development /s/Charles Corr Charles Corr, Chairman Planning Commission G: \ Planmng \ PDREPORT\pcUsereports \ GPA-2OO2-Olres.doc OFFICE OF COUNTY ASSESSOR SANTA CLARA COUNTY, CALIFORNIA SUBDIVISION NS I - TOWN OF MONTA VISTA (SHADED) RESUBDIVlSION NE I - TOtal OF MONTA VISTA ; ,, , ! '~"--[ o i F ~ R.O~.I~-M~ PM ~-~-~ t . '-~ ~ IMPERIA~ --'-~ AVENU~ ~ DETAIL 1', SO' L LOT I AUG [ 8 ZOO/ CONDOMINIUM PLAN TRACT N17751 MONTA VISTA WO0£S JNl'~ PGL A-3 Is A-4 I-I IT ,sro,..- - ^sscss~l ~.lt al'aa. Sec 337I BYte' ~01-~0~. J THE CHURCH IN LOS ALTOS 2245 Grant Road, 2"a floor, Los Altos, California 94042 April 26, 2002 Honorable Mayor and City Council Members City of Cupertino 10300 Torre Avenue Cupertino, CA 95014-3255 Re~ Review of a proposed General Plan Amendment 10051 Pasadena Avenue, Cupertino Ladies and Gentlemen: We would like to present to the City Council a proposed General Plan Amendment for the property located at 10051 Pasadena Avenue. Currently, this two-story office building is designated as "commercial/residential". Due to our group's desire to conduct small church assembly on Sunday momings, we sincerely request your consideration to include "Quasi- public" use into the General Plan designation for this location. Our group is sensitive to the Planning department's interest in bringing more commercial usage to this area of Cupertino. To that effect, we propose to devote for commercial use, a majority of the ground floor fronting Pasadena Avenue. We plan to have a 500 square foot bookstore, selling Christian and inspirational books to the public, open during weekdays. Then once the 800 square feet space on the right hand side is available (March 2003), we intend to seek out a retail "service" tenant, suchas a delicatessen, coffee shop, insurance agency, real estate office or other type of neighborhood retail use. The back portion of the ground floor is for the proposed 1,200 square feet church assembly, and other office use. The entire second floor will be used for church administration, De Anza College student work, and other office uses. For your information, the existing and proposed uses of the building are as follows: Existing Use Proposed Use Second Floor 5,000 s.f. office 5,000 s.f. office Ground Floor 4,600 s.f. office 1,200 s.f. church assembly (facing parking lot) 2,100 s.f. office use (facing parking lot) 500 s.f. Christian Bookstore (facing Pasadena Ave) 800 s.f. future retail (facing Pasadena Ave) Required Parking Provided Parking 38.4 (4/1,000) 39 30 (4 per space) Sundays only 32 (4/1,000) weekdays 39 Honorable Mayor and City Council Members City of Cupertino April 26, 2002 Page 2 The proposed church usage schedule will be the following: Weekdays Tuesday Friday ~Saturday ~Sunday 8 a.m. - 5 p.m.: 8 p.m. - 9 ~.m.: 7 p.m. - 9 p.m.: 7 p.m. - 9 p.m.: 10 a.m. - Noon: De Anza College student work & administration Christian Bookstore Prayer meeting (est. occupancy 25) Small gathering (est. occupancy 30) Small gathering (est. occupancy 20) Church assembly (est. max. occupancy 120) During the weekdays, the church sponsors Students for the Truth, a De Anza College student club registered with the College. This facility will provide a hub for the students to study the Bible, receive counseling, and obtain tutorial assistance. On Sunday mornings, the church will meet between 10 and 12. It is the intent of our church group to have a "small assembly" format. This will increase our ability for mutual care and edification, and will also encourage member participation. Whenever attendance exceeds 120, the group will seek ways to spread to other locations. During the past years, we have followed this guideline and have spread to Palo Alto, Los Altos, Mountain View, Santa Clara, Campbell and now Cupertino. Each church group has an average Sunday attendance of less than 100. Attached is a copy of the proposed ground level floor plan, and a site plan. Your kind consideration and comments will be greatly appreciated. Should you have any questions, I could be reached at 408-247-5331. Sincerely, THE CHURCH IN LOS ALTOS A Califomia non-profit corporation David K. Chui, Trustee Enclosure I { { i CHRISTIA~ lOOK STC~RE I )DDLERS EXI~NG LU~CH R~OM 'rENAN.Ir LUNC~ CONFER,E~CE TEN~m T OFFICE --k ..... 4 ...... J,- ....... I I { i FU TUllE TENANJr 23'-93° RET/ilL SPACE{ i i FIRST FLOOR PLAN SCAt. E: !i CITY OF CUPER TINO City Hall 10300 Torte Avenue Cupertino, CA 95014-3255 (408) 777-3354 FAX (408) 777-3333 PUBLIC WORKS DEPARTMENT AGENDA ITEM Summary AGENDA DATE June 3~ 2002 SUBJECT AND ISSUE Reappointment of Joseph Walton to the Valley Transportation Authority Bicycle Pedestrian Advisory Committee BACKGROUND The Valley Transportation Authority (VTA) had established early in its operation a Bicycle Pedestrian Advisory Committee, similar to the Cupertino Bicycle Pedestrian Advisory Committee (BPAC) to advise the VTA Board of Directors on policy issues and matters relating to Bicycle and Pedestrian Transportation. Each VTA member City is authorized one member on the Committee to serve a four-year term to represent the City's interests and to participate in the Committee's activities. For the past term, Joseph Walton, the current Vice Chair of the Cupertino BPAC, has served on the VTA Committee as the City's representative and his term expires on June 30, 2002. Mr. Walton is eligible for reappointment to a second term, and as noted in his attached letter has indicated his interest and willingness to serve another term. Typically, most members of the VTA Committee are also members of a City Bicycle Pedestrian Committee if a city has formed such a body. In polling the members of the Cupertino BPAC, all members voiced support for Mr. Walton's reappointment to the VTA BPAC. There is no VTA requirement to advertise for volunteers to fill the position, and no apparent precedent to do so, although it would be the Council's prerogative to publicly advertise for volunteers if it so chooses. However, owing to Mr. Walton's service on both the City's BPAC and the VTA BPAC, along with the support of his fellow Committee members, it would seem to be in the City's interest to take advantage of his offer and reappoint him to a second term to the VTA. Since the matter of appointment of persons to Commissions is a Council prerogative and responsibility, it would not be appropriate for staff to make a recommendation. This report is, therefore, intended for the purpose of bringing the matter to the Council's attention for action as the Council deems appropriate. Submitted by: Ralph A. Qualls, Jr. Director of Public Works Approved for submission: David W. Knapp City Manager J.H. WALTON & ASSOCIATES Consultants to Management in Human Resource Matters May 13, 2002 pUBLiC Mr. Ralph A. Quails, Jr. Director of Public Works City of Cupertino 10300 Torre Avenue Cupertino, CA. 95014 Dear Ralph: As a follow-up to your phone call of this morning regarding my interest in continuing as Cupertino's representative to the VTA Bicycle Pedestrian Advisory Committee my answer is a definite 'yes," provided that I have the unanimous support of my fellow Commissioners. I will send a copy of this note to Anne Ng, David Greenstein and Stuart Chessen asking that they notify you immediately should they not support, or have reservations about, my reappointment. Assuming that our Commission supports my continued participation, I will appreciate your advising our City Council that subject to their approval I would be honored to continue as Cupertino's VTA BPAC representative. Thank you for your coordination of this matter, Ralph. If there is anything further that I need to do, please advise. Best Regards, 21721 Columbus Ave., Cupertino, CA 95014 · (408) 996-7861 · (Fax) 996-8601 David Knapp City Manager, Cit~ of Cupertino April 10, 2OO2 Pa~e 2 of 2 For expediency and surety, I recommend that a copy of the signed letter be faxed, then the original mailed, to: Fa~ (408) 9550891 U.S. Mail: t/TA Board Secretary 3331 North First Street,' Building B San Jose, CA 95134-I906 Your asshstance with this appointment will be greatly appreciated. If you have questions, please contact either Stephen Flynn of my staff oX 321.5720 or myself at 321.5725. Michael P. Evanhoe Chief Development Officer Enclosure c Sat~dm Wey~uouth, VTA Board Secretly CITY OF CUPE INO City Hall 10300 Torte Avenue Cupertino, CA 95014-3255 (408) 777-3354 FAX (408) 777-3333 PUBLIC WORKS DEPARTMENT AGENDA ITEM Summary AGENDA DATE June 3, 2002 SUBJECT AND ISSUE Report from the Faria School Site Council requesting that the City Council approve a pilot program to implement a 30-minute "Drop-off" zone on the streets adjacent to the School. BACKGROUND The streets adjacent to Faria School on Barbara Lane as shown on the attached map are within a previously established preferential parking zone that is restricted during school hours daily. On March 3, 2002, the Faria School Site Council approached the City Council to ask for support in meeting with the surrounding neighborhood residents to engage their support for a 30 minute "drop-off" zone for parents dropping their children off in the moming and picking them up in the afternoon. At that time, the Site Council suggested a trial program if the neighborhood would support such a move for the first half of the fall school year beginning in August of 2002. The Council expressed support for the Site Council to meet with the neighborhood residents to explore the potential for this drop zone pilot program and to report back to the Council in June 2002 with further information and appropriate recommendations. On April 7 and 8, 2002 Fada School and City Staff conducted two neighborhood meetings to discuss the issue. Very few people attended these meetings although the entire neighborhood had been notified. As a result, the School Site Council sent out a letter with a self-addressed stamped post card reply asking if the neighborhood residents would support or oppose the 30-minute drop zone pilot program. The attached letters from Dolly Travers, Principal of Faria School, are the communications to the neighborhood regarding the meetings, survey results, and other information. After sending the survey to 72 residents on Barbara Lane, Bonny Drive, Pepper Tree Lane and Scofield Drive, the school reports that of the survey cards returned, 19 were in support of the proposal and 15 were opposed. As a result, the Faria School Site Council is requesting that the City Council approve a 6-month pilot program (August 2002 to February 2003) of 30-minute drop zones on the adjacent streets as shown on the attached map. The school has suggested that Barbara Lane not be included in the drop-off zones since the side of the street adjacent to the school has unrestricted parking currently and by restricting parking across the street from the school (i.e., no drop-off zones) it will allow for a smoother traffic flow in and out of the school. They have further requested that the Council hear this item near the front end of the agenda because of the expected attendance by interested residents and their school members. Since this proposal is similar to one that was approved by the Council last year and seems to be working in the Imperial Drive Permit parking zone north of Lincoln Elementary School, staff would support the Site Council's request. STAFF RECOMMENDATION It is recommended that the City Council approve a temporary "30-minute Drop-off Zone" in the preferential parking areas on Pepper Tree Lane, Scofield Lane and Bonny Drive as shown on the attached map fi'om August 2002 through February 2003 and to report back to the Council with appropriate recommendations in January of 2003. Submitted by: Ralph A. Qualls, Jr. Director of Public Works Approved for submission: David W. Knapp City Manager Office of the City Attorney 10320 S. DeAnza Blvd., 01D Cupertino, CA 95014 Ph: (408) 777-3403 Fax: (408) 777-3401 Charles T. Kilian City Attorney Eileen Murray Assistant City Attorney April 1, 2002 Honorable Mayor and Members of the City Council City of Cupertino 10300 Torre Avenue Cupertino, CA 95014 Re; Amendments to City Ordinances Regarding Purchases of Supplies, Materials, Equipment and Services Dear Mayor and Councilpersons: Attached are proposed ordinance modifications regarding the City's purchase of supplies, materials, equipment and services. The changes do not significantly alter the City's procedure but are intended to clarify language and to reflect more closely the City's actual process. All supplies, materials, equipment, and services of less than $25,000 are made by the City's Purchasing Officer (the City Manager or his authorized designee) on the open market without approval from the City Council or without adhering to a competitive bidding process. Purchases above $75,000 are made only with the authorization of the City Council - except for emergency purchases (in which case a report to the City Council shall be submitted by the City Manager at the regular council meeting after the purchase), recurring or essential purchases (such as utilities, etc.), and purchases from other public agencies. All purchases above $75,000 must also be conducted under a formal competitive bidding process unless waived by the City Council under certain specified conditions. Purchases of professional services are exempt from the competitive bidding processes. The Honorable Mayor and Members of the City Council April 1, 2002 Page 2 Purchases of supplies, materials, equipment and services between $25,000 and $75,000 may be made by the Purchasing Officer without approval from the City Council but must be made through an informal bidding process unless that procedure is waived by the City Manager under certain specified conditions. I will be happy to answer any questions at the next City Council meeting. Sincerely, Charles T. Kilian City Attorney SS Enclosures ORDINANCE NO. 1897 DRAFT AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CUPERTINO AMENDING CHAPTERS 3.22 and 3.23 OF THE CUPERTINO MUNICIPAL CODE REGARDING PURCHASING OF SUPPLIES, EQUIPMENT AND SERVICES THE CITY COUNCIL OF THE CITY OF CUPERTINO HEREBY ORDAINS AS FOLLOWS: Section I Amendments to Chapter 3.23 CHAPTER 3.22 is hereby amended to read as follows: 1. The title of Chapter 3.22 is amended to read "Purchase of Supplies, Materials, Equipment and Services" 2. Section 3.22.010 is amended to read as follows: 3.22.020 Definitions 1. "Bid" means any proposal submitted to the City in competitive bidding for City purchases and contracts for supplies, materials, equipment, and/or services. 2. "Lowest responsible bidder" means the lowest monetary bidder who has demonstrated the attribute of trustworthiness as well as quality, fitness, capacity, and experience to satisfactorily perform the contract. 3. "Purchases" Purchases of supplies and equipment shall include leases or rentals, as well as transactions by which the City acquires ownership. 4. "Purchasing Officer" means the City Manager or any other official or officials designated in writing by the City Manager for administration of this Chapter. 5. "Services" means any and all services including, but not limited to, equipment service contracts. The term does not include services rendered by City officers or employees, or professional or other services which are by nature unique or for which the procedure for procurement is specifically provided by law. 6. "Supplies," "materials" and "equipment" means any and all articles, things or tangible personal property furnished to or to be used by the City. PC/DIR/O/O/C22602 Ordinance No. 1897 3. Section 3.22.060 is hereby amended to read: 3.22.060 Purchasing Requirements A. Open Market Purchases The Purchasing Officer may award contracts or issue purchase orders or check requests for the acquisition of supplies, materials, equipment or services in the open market without observing the competitive bidding procedure contained in this Chapter when the dollar value will forseeably equal, or be less than, the amount for public works contracts described in section 22032(a) of the Public Contracts Code. B. Purchases Approved by Ci_ty Council - Application of Formal Competitive Bidding Procedures In instances where the acquisition of supplies, materials, equipment or services will foreseeably result in the issuance of a purchase order, check request, or the award of a contract with a dollar value in excess of the required dollar value for public works contracts described in section 22032(b) of the Public Contracts Code, such will be authorized only by action of the City Council. Such action shall be taken after the formal competitive bidding procedures described in this section are followed, unless pursuant to a written recommendation of the City Manager, the City Council finds that the use of the formal competitive bidding procedure is not practical due to limitations on source of supply, necessary restrictions in specifications, necessary standardization, quality considerations, or if other valid reasons for waiving the formal competitive bidding process procedures appear. Upon making such a finding, the Council may direct the Purchasing Officer to dispense with the formal competitive procedure and make the purchase on the open market or through any other procedure which meets the City's requirements. C. Formal Competitive Bidding Procedures The formal bidding procedures required for purchases described in Section 3.22.060B are as follows: 1. Notice Inviting Bids a. Notice inviting bids shall include: 1) A distinct description of the supplies, materials, equipment, or services to be purchased; 2) The location where bid blanks, specifications, and requests for proposals may be secured; 3) The time and place for opening bids; 4) A statement that the City has the authority to reject any and all bids and may waive any minor technicality or variance found in a bid document. b. The notice inviting bids shall be published at least fourteen calendar days before the date of opening of bids in a newspaper of general circulation printed or published in the City of Cupertino. Such notice may also be mailed pc/dir/ord/ocp32602 2 Ordinance No. 1897 to any vendor or provider, which the Purchasing Officer has reason to believe may be in a position to provide the subject supplies, material, equipment or services to the City. Opening of Bids Bids shall be opened in public by the City Clerk at the time and place stated in the notice inviting bids. A tabulation of all bids received shall be open for public inspection during regular business hours for a period of not less than fifteen calendar days after the bid opening. Any bid which is received after the time specified in the notice shall be returned un-opened. Award of Contract Contracts shall be awarded by the City Council to the lowest responsible bidder except as otherwise provided in this Chapter. 4. Award to Next Lowest Bidder - Failure to Execute Contract The City Council may, on refusal or failure of the successful bidder to execute the contract within ten days after the date the notice of award of contract is mailed, unless the City is responsible for the delay, award it to the next lowest responsible bidder. 5. Award of Contract to the Next Lowest Bidder - Lowest Bidder Irresponsible - Notice and Hearing A. The City Council, in its sole discretion, may reject the lowest monetary bid for purchases of supplies, materials, equipment, or services upon a specific finding that the lowest monetary bidder is not responsible. To determine responsibility, the City Council may consider, among other things, the bidder's financial responsibility, level of experience, and whether the bidder has failed to complete or deliver any supplies, materials, equipment or services in other projects. B. If the City Council rejects the lowest bid upon its determination that the lowest bidder is not responsible, the City shall: 1) Give notice of the City Council's decision to the lowest monetary bidder, setting forth the reasons why the bidder is not considered the lowest responsible bidder; 2) Give the bidder the opportunity to ask for a pre-award hearing before the City Council on the issue; 3) If the hearing is requested, agendize the matter before the City Council, giving written notice of such hearing to all bidders. 4) After hearing, the City Council shall make a finding, supported by the evidence on the record as to the non-responsibility of the lowest monetary bidder. pc/dir/ord/ocp32602 Ordinance No. 1897 Rejection of Bids - Identical Bids - Absence of Bids The City Council, in its sole discretion, may: a. Reject any bids presented and re-advertise for new bids b. Reject any bid that fails to meet the requirements of the formal bidding procedure in any respect. c. If two or more bids are the same and the lowest, the City Council may accept the one it chooses. d. If no bids are received, the City Council may direct the Purchasing Officer to purchase the supplies, materials, equipment or services without further adherence to the formal bidding procedures. e. Waive any minor irregularities or variances in any bid received. D. Informal Competitive Bidding Procedures In instances where the purchase of supplies, materials, equipment, or services will forseeably result in the issuance of a purchase order, check request, or the award of a contract with a dollar value of greater than the amount for public works contracts described in section 22032(a) of the public contract code but equals, or is less than the amount for public works contracts described in section 22032(b) of the public contracts code, the Purchasing Officer may award contracts or issue purchase orders or check requests for the purchase of supplies, materials, equipment or services. Such action shall be taken only after the informal competitive bidding procedure described in subsection E below is followed unless the City Manager finds in writing that the use of the informal competitive bidding procedure is not practical due to limitations on source of supply, necessary restrictions in specifications, necessary standardization, quality considerations, or if other valid reasons for waiving the informal competitive bidding process procedure appear. Upon making such a finding, the City Manager may direct the Purchasing Officer to dispense with the informal competitive bidding procedure and make the purchase on the open market or through any other procedure which meets the City's requirements. Informal Competitive Bidding Procedure for Purchases Described in Subparagraph D Above 1) The procedures described in subsections 3.22.060 C 1 (a), C2 - C6 of this Chapter are applicable except that the duties described thereunder which are performed by the City Council are performed under these informal procedures by the Purchasing Officer. Determinations of the Purchasing Officer are subject to appeal pursuant to Chapter 1.16 of the City's ordinance code. 2) Publication of notice inviting informal bids is not required. 4. Section 3.22.070 is amended to read as follows: 3.22.070 Exemptions pc/dir/ord/ocp32602 4 Ordinance No. 1897 Notwithstanding any provision of this Chapter to the contrary, the Purchasing Officer, with the written concurrence of the City Manager, is authorized to issue a purchase order or check request, or award a contract, without adherence to the other provisions of this Chapter under following instance: A. Emergency Purchases The immediate requirement of an item necessary for the continued operation of a department or for the preservation of life or property shall be deemed an emergency. A full report of the circumstances of emergency purchase in excess of the amount described in subsection 3.22.060 (b) shall be filed with the City Council at its next regular meeting after the purchase was made. B. Recurring or Essential Services Purchase orders, or check requests including payment of claims against the City where reasonable advanced estimates of costs cannot be determined for essential services of a recurring nature. Included, but not limited to, this authorization are such items as utility services, approved claims for liability under the City's insurance program, renewal premium for authorized insurance policies, all expenditures for the City's payroll and employee benefits and other matters involving unknown estimates of costs. C. Purchases From Other Public Agencies Purchases of supplies, materials, equipment or services from any other public agency created under the laws of the State of California or the United States Government are exempt from the bidding requirements of this Chapter. D. Professional Services Professional services including, but not limited to, services of lawyers, architects, engineers, land surveyors, artists, and accounts are exempt from the bidding requirements of this Chapter. Section II Amendments of Chapter 3.23 CHAPTER 3.23 is hereby amended to read as follows: 1. Section 3.23.020 is amended to read as follows: 3.23.020 Definitions As used in this Chapter, the following terms, phrases, words and their derivations shall have the meanings given in this section: 1. "Bid" means any proposal submitted to the City in competitive bidding for the construction, alteration, repair or improvement of any structure, building, road or other improvement of any kind. pc/dir/ord/ocp32602 5 Ordinance No. 1897 2. "Lowest Responsible Bidder" means the lowest monetary bidder who has demonstrated the attribute of trustworthiness as well as quality, fitness, capacity, and experience to satisfactorily perform the public works contract sought. 3. "Public Works Contract" means an agreement for the erection, construction, alteration, repair or improvement of any public structure, building, road or other public improvement of any kind. 4. "Public Works Project" means: a. The erection, improvement, painting or repair of public buildings and works; b. Work to protect against overflow of streams, bays, waterfronts or embankments; c. Street or .sewer work except for maintenance or repair thereof; d. Furnishing supplies or materials for any such project, including the maintenance or repair of streets or sewers. (Ord. 1583 § 1 (part), 1992) 2. Section 3.23.030 is amended to read as follows: Section 3.23.030 Competitive Bidding Except as otherwise provided for in this Chapter, the public works projects with an estimated dollar value equal to or in excess of the required dollar value for competitive bidding established by section 22032(a) of the California Public Contracts Code, shall be contracted for pursuant to the procedures prescribed in this Chapter. 3. Section 3.23.040A1 is amended to read as follows: 3.23.040 Notice Inviting Bids The notice inviting bids shall be in the form and published as follows: A. Notices inviting bids shall include: 1. A distinct description of the public works project to be performed. 4. Section 3.23.050C is hereby amended to read as follows: Upon award of the contract to the lowest responsible bidder, the security of an unsuccessful bidder shall be returned in a reasonable period of time, but in no event shall such security be held by the City beyond ninety days from the date the notice of award of contract is mailed. 5. Section 3.23.100A is amended to read as follows: 3.23.100 Award of Contract to the Next Lowest Bidder - Lowest Bidder Irresponsible - Notice and Hearing A. The City Council, in its sole discretion, may reject the lowest bid upon specific findings that the lowest bidder is not responsible. To determine responsibility, the City Council may consider, among other things, the bidder's financial responsibility, type of license, type of equipment, number of years experience in construction work, other projects pc/dir/ord/ocp32602 6 Ordinance No. 1897 bidder worked on in the last five years, whether bidder has failed to complete any contract and bidder's ability to be bonded. 6. Section 3.23.130 D is amended to read as follows: D. Small Contracts Any contract for public works projects with an estimated dollar value equal to or less than the required dollar value for competitive bidding established by section 22032(a) of the Califomia Public Contracts Code. Section III Publication Clause The City Clerk shall cause this ordinance to be published at least once in a newspaper of general circulation published and circulated in the City within 15 days after its adoption, in accordance with Government Code Section 36933, shall certify to the adoption of this ordinance and shall cause this ordinance and her certification, together with proof of publication, to be entered in the Book of Ordinances of the Council of this City. This ordinance shall take effect and be in force thirty (30) days after its passage. INTRODUCED at a regular meeting of the City Council of the City of Cupertino this 3ra day of June, 2002, and ENACTED at a regular meeting of the City Council of the City of Cupertino this ~ day of __ 2002, by the following vote: Vote Members of the City Council AYES: NOES: ABSENT: ABSTAIN: ATTEST: APPROVED: City Clerk Mayor, City of Cupertino pc/dir/ord/ocp32602 3.22.010 Clmpter 3.22 PURCHASE OF SUPPLIESa MATERIALS EQUIPMENT AND SERVICES 3.22.010 3.22.020 3.22.030 3.22.040 3.22.050 3.22.060 3.22.070 Purpose of chapter. Definitions. Purchasing Officer. Purchase orders or check requests needed ~ Use of petty cash funds. Availability of funds. Purc~'asc ~rder:, theck E:ccOt'~.n:.Purchasine requirements Exemptions. 3.22.010 Purpose of chapter. This chapter is enacted to set forth policy to establish efficient procedures for the purchase of supplies, materials, equipment and services at the lowest possible cost commensurate with quality needed, and to clearly define authority for the purchasing function of the City. (Ord. 1582 §l (part), 1992) 3.22.020 Definitions. For the purposes of this chapter, the following words and phrases shall have the meanings ascribed to them by this section. 1. "Bid" means any proposal submitted to the City in competitive bidding for Ci~' purchases and contracts for supplies, materials, equipment, and/or services. 2. "Lowest responsible bidder" means the lowest moneta~' bidder who has demonstrated the attribute of trustworthiness as well as qualit3', fitness, capaciW, and experience to satisfactorily perform the contract. ~3. "Purchases." ~rch~ges of supplies ~d equipmem s~ll ~clude 1~ or rentals, as well ~ ~sactions by which ~e CiW a~u~ o~ers~p. ~. "~rc~g Officer" m~ ~e Ci~, ~er or ~y other official or desi~at~ in ~g by ~e City M~er for ~mi~mtion of~is C~pter. Fm~ce 4~. "Se~ces' m~ ~y ~d all se~ces inelu&ng, but not limited to, equipmem s~ice ~nWacts. The t~ d~s not include s~ices rend~ by CiW officers or employees, or prof~sional or o~er s~vices which are by nature unique or for which ~e pr~edure for pr~ement is sp~ific~lly provided by ~w. ~. "Supplies," "~tedals" ~d "equipmem" m~ ~y ~d ~1 ~icles, ~ngs or ~gible perso~ prope~ ~hed W or ~ by ~v ~ City: ~anct~on (Ord. 1582 ~ 1 ~an), 1992) 3.22.030 Purchasing Officer. A. The Purchasing Officer of the City is vested with the authority for the purchase of supplies, materials, equipment and services. When the provisions and intent of this chapter may be best served by so doing, the Purchasing Officer may authorize In writing any department to investigate, solicit bids or to negotiate the purchase or award of contracts for supplies, materials, equipment or services for that department, provided that such shall be done in conformity with the procedures prescribed by this chapter or by duly adopted administrative rules and regulations pertaining thereto. B. The Purchasing Officer shall have the responsibility and authority to: 1. Purchase or contract for materials, supplies, equipment and services to be performed as may be required by any department of the City in accordance with procedures prescribed by this chapter or by such administrative rules and. regulations as PC/DIRIO/N32602 the Purchasing Officer may adopt pursuant thereto; 2. Prepare and adopt administrative rules and regulations not in conflict with the provisions of this chapter for the purpose of carrying out the requirements and intent of this purchasing system. (Ord. 1582 § 1 (part), 1992) 3.22.040 Purchase orders or check requests needed~ Use of petty cash funds. A. Purchases of supplies, materials, equipment or services shall be made only by means of purchase orders or check requests processed and issued pursuant to this chapter. The purchase orders or cheek requests shall be valid only when signed by the City Manager, the Purchasing Officer or other persons as may be designated by the Purchasing Officer to act in his behalf. B. Nothing herein shall preclude the use of authorized petty cash funds for purposes intended by their establishment. (Ord. 1582 §1 (part), 1992) 3.22.050 Availability of funds. The Purchasing Officer shall not issue any purchase order or check request, or award any contract for the acquisition of supplies, materials, equipment or services, unless there exists an unencumbered appropriate in the funds as approved by City Council resolution adopting procedures for administration of the annual budget. The appropriate account and funds shall be encumbered immediately after the issuance of the purchase order or check request or award of contract. (Ord. 1582 §1 (part), 1992) 3.22.060 o ....U A~A ~.a .... .............. E--ccpt'~on:.Purchasine requirements. PC/DIR/O/N32602 2 (7'--I( 3. Purzha~e oraer: c,r ........ ~'uests-sh~ s ncr r~u re ................ .... ~ ............. ~ ........... 2. Pm-ch~z orders, or ........... a ~,~;~ c~. l~=bi!i~ under A. ~n M~ Purch~es ~e Purch~g Officer my award ~ntmc~ or issue purc~ orders or check requ~ for ~e ~quisition of supplies, ~tehals, equipment or semces in ~e open ~ket wi~out obse~ing ~e competitive bidding pr~ure ~nmined in ~is CMpter when ~e dollar v~ue ~11 fom~bly equ~, or be less than, the mount for public works contracts described in section 22032(a) of the Public Contracts Code. B. Purchases Approved by City Council - Application of Formal Competitive Bidding Procedures In instances where the acquisition of supplies, materials, equipment or services will foreseeablv result in the issuance of a purchase order, check request, or the award of a contract with a dollar value in excess of the required dollar value for public works contracts described in section 22032(b) of the Public Contracts Code, such will be authorized only by action of the City_ Council. Such action shall be taken after the formal competitive bidding procedures described in this section are followed, unless pursuant to a written recommendation of the GiB' Manager, the City_ Council finds that the use of the formal competitive bidding procedure is not practical due to limitations on source of supply, necessary restrictions in specifications, necessary_ standardization, quality_ considerations, or if other valid reasons for waiving the formal competitive bidding process procedures appear. Upon making such a finding, the Council may direct the Purchasing Officer to dispense with the formal competitive procedure and make the purchase on the open market or through any other procedure which meets the Cit3"s requirements. C. Formal Competitive Bidding Procedures The formal bidding procedures required for purchases described in Section 3.22.060B are as follows: 1. Notice Inviting Bids a. Notice inviting bids shall include: 1) A distinct description of the supplies, materials, equipment, or services to be purchased; 2) The location where bid blanks, specifications, and requests for proposals ..may be secured; 3) The time and place for opening bids; 4) A statement that the City has the authority to reject any and all bids and may PC/D1R/O/N32602 waive any minor technicality or variance found in a bid document. b. The notice inviting bids shall be published at least fourteen calendar days before the date of opening of bids in a newspaper of general circulation printed or published in the City of Cupertino. Such notice may also be mailed to any vendor or provider, which the Purchasing Officer has reason to believe may be in a position to provide the subject supplies, material, equipment or services to the City. 2. Opening of Bids Bids shall be opened in public by the City Clerk at the time and place stated in the notice inviting bids. A tabulation of all bids received shall be open for public inspection during re~lar business hours for a period of not less than fifteen calendar days af~ the bid opening. Any bid which is received after the time specified in the notice shall be returned un-opened. 3. Award of Contract Contracts shall be awarded by the City Council to the lowest responsible bidder except as otherwise provided in this Chapter. 4. Award to Next Lowest Bidder - Failure to Execute Contract The City Council may, on refusal or failure of the successful bidder to execute the comract wSthin ten days after the date the notice of award of contract is mailed, unless the City is responsible for the delay, award it to the next lowest responsible bidder. 5. Award of Contract to the Next Lowest Bidder - Lowest Bidder Irresponsible - Notice and Hearing A. The City_ Council, in its sole discretion, may reject the lowest monetary bid for purchases of supplies, materials, equipment, or services upon a specific finding that the lowest monetary_ bidder is not responsible. To determine responsibility, the City Council may consider, among other things, the bidder's financial responsibility, level of experience, and whether the bidder has failed to complete or deliver any supplies, materials, equipment or services in other projects. B. If the City Council rejects the lowest bid upon its determination that the lowest bidder is not responsible, the City shall: 1) Give notice of the City Council's decision to the lowest monetary bidder, sett__ing forth the reasons why the bidder is not considered the lowest responsible bidder; 2) Give the bidder the opportunity_ to ask for a pre-award hearing before the City Council on the issue; 3) If the hearing is requested, agendize the matter before the City_ Council, giving written notice of such hearing to all bidders. 4) After hearing, the City Council shall make a finding, supported by the evidence on the record as to the non-responsibility of the lowest moneta~_ bidder. 6. Rejection of Bids - Identical Bids - Absence of Bids The City Council, in its sole discretion, may: a. Reject any bids presented and re- advertise for new bids b. Reject any bid that fails to meet the requirements of the formal bidding procedure in any respect. c. If two or more bids are the same and the lowest, the City_ Council may accept the one it chooses. d. If no bids are received, the City Council may direct the Purchasing Officer to purchase the supplies, materials, equipment, or services without further adherence to thc formal bidding procedures. e.Waive any minor irregularities or variances in any bid received. D. Informal Competitive Bidding Procedures In instances where the purchase of supplies, materials, equipment, or services will forseeably result in the issuance of a purchase order, check request, or the award of a contract with a dollar value of greater than the amount for public works contracts PC/DIR/O/N32602 4 described in section 22032(a) of the public contract code but equals, or is less than the amount for public works contracts described in section 22032Co} of the public contracts code, the Purchasing Officer may award contracts or issue purchase orders or check requests for the purchase of supplies, materials, equipment or services. Such action shall be taken only aRer the informal competitive bidding procedure described in subsection E below is followed unless the CiW Manager finds in writing that the use of the informal competitive bidding procedure is not practical due to limitations on source of supply, necessary restrictions in specifications, necessary slandardization, qu,3.1ity considerations, or if other valid reasons for waiving the informal competitive bidding process procedure appear. Upon making such a finding, the City Manager may direct the Purchasing Officer to dispense with the informal competitive bidding procedure and make the purchase on the open market or through any other procedure which meets the City's requirements. E. Informal Competitive Bidding Procedure for Purchases Described in Subparagraph D Above 1) The procedures described in subsections 3.22.060 Cl(ak C2 - C6 of this Chapter are applicable except that the duties described thereunder which are performed by the City Council are performed under these informal procedures by the Purchasing Officer. Determinations of the Purchasing Officer are subiect to appeal pursuant to Chapter 1.16 of the City's ordinance code. 2) Publication of notice inviting informal bids is not required. Notwithstanding any provision of this Chapter to the contrary_, the Purchasing Officer, with the written concurrence of the City Manager, is authorized to issue a purchase order or check request, or award a contract, without adherence to the other provisions of this Chapter under following instance: A. Emergency Purchases The immediate requirement of an item necessary for the continued operation of a department or for the preservation of life or property shall be deemed an emergency. A full report of the circumstances of emergency purchase in excess of the amount described in subsection 3.22.060 {b) shall be filed with the City_ Council at its next regular meeting after the purchase was made. B. Recurring or Essential Services Purchase orders, or check requests including pa_wnent of claims against the City where reasonable advanced estimates of costs cannot be determined for essential services of a recurring nature. Included, but not limited to, this authorization are such items as utility services, approved claims for liabiliW under the City's insurance program, renewal premium for authorized insurance policies, all expenditures for the City's pa_woll and employee benefits and other matters involving unknown estimates of costs. C. Purchases From Other Public Agencies Purchases of supplies, materials, equipment or sendces from any other public agency created under the laws of the State of California or the United States Government are exempt from the bidding requirements of this Chapter. D. Professional Services Professional services including, but not limited to, services of lawyers, architects, engineers, land surveyors, artists, and accounts are exempt from the bidding requirements of this Chapter. PC/DIR/O/N32602 5 3.23.010 Chapter 3.23 PUBLIC WORKS CONTRACT AND BIDDING PROCEDURES Sections: 3.23.010 3.23.020 3.23.030 3.23.040 3.23.050 3.23.060 3.23.070 3.23.080 3.23.090 3.23.100 3.23.110 3.23.120 3.23.130 3.23.140 3.23.150 3.23.160 3.23.170 Purpose. Definitions. Competitive bidding' Notice inviting bids. Presentation of bids~ Security required-- Subcontractor designated in bid. Opening bids. Award of contract. Forfeiture of security. Award of contract to next lowest bidder m Failure to execute contract. Award of contract to next lowest bidder- Lowest bidder irresponsible -- Notice and hearing. Rejection of bids -- Identical bids -- Absence of bids. Informi bidding procedure for public works projects. Exempt from bidding requirements. Performance bond of successful bidder. Deposit of proceeds. Additional work by City authority. Deletions of work by City authority. 3.23.010 Purpose. This chapter is enacted to enhance, competition, to prevent corruption and undue influence in the awarding of public works contracts, and to clarify the City's competitive bidding requirements established pursuant to Part: 3 of the California Public Contract Code, Sections 20100.et seq. (Ord. 1583 § 1 (part), 1992) 3.22.020 Definitions. As used in this chapter, thc following terms, phrases, words and their derivations shall have the meanings given in this section. 1. "Bid" means any proposal submitted to the City in competitive bidding for the construction, alteration, repair or improvement of any structure, building, road or other improvemem of any kind. or fzr !yi=g ;vit~ir, t~e municipal ,~,un,~.riea cf -~,-: .... t, ............ Responsible Bidder"Means the lowest monetary_ bidder who has demonstrated the attribute of trustworthiness as well as qualiw~ fitness, capacity and experience to satisfactorily perform the public works contract sought. ..... ; ....... + 4~+k ........ .4 ..... I. ~r :.'npr~,vzment of any 53. "Pubhc works project" means: a. The erection, improvement, painting or repairing of public buildings~ and works; b. Work to protect against overflow of streams, bays, waterfronts or embankments; c. Street or sewer work except for maintenance or repair thereof; d. Furnishing supplies or materials for any such project, including the maintenance or repair of streets or sewers. (Ord. 1583 § 1 (part), 1992) 3.23.030 Competitive bidding, Except as otherwise provided for in this chapter~ ~.a t~u ..... ~ '~, p~rchaac~ ~_a PC/DIP/O/N 3-6-O2 1523 ~ ~ ,~,x !992) the public works projects with an estimated dollar value equal to or in excess of the required dollar value for competitive bidding established by Section 22032{a) of the California Pubhc Contracts Code, shall be contracted for pursuant to the procedures prescribed in this Chapter. (Ord. 1583 § 1 (part), 1992) 3.23.040 Notice inviting bids. The notice inviting bids shall be in the form and published as follows: A. Notices inviting bids shall include: 1. A distinct description of ~ the public works project to be performed; 2. The location where bid blanks and specifications may be secured; 3. The time and place for opening bids; 4. The type and amount of bidder's security required; 5. The class of license required for the public works to be performed; and 6. A statement that the City has the authority to reject any and all bids and may waive any minor technicality or variance from the bid specifications. B. The notice inviting bids shall be at least fourteen calendar days before the date of opening the bids in a newspaper of general circulation printed and published in the City. The notice shall also be mailed at least thirty calendar days before the date of opening the bids to all construction trade journals specified in Section 22036 of the California Public Contract Code: (Ord. 1583 § I (part), 1992) 3.23.050 Presentation of bids-Security req uired-Subcontractor designated in bid. A. All bids shall be presented under sealed cover (identified as bids on the envelope), submitted to the City Clerk and accompanied by one of the following forms of bidder's security: 1. Cash; 2. A cashier's check made payable to the city; 3. A certified check made payable to the city; 4. A bidder's bond executed by an admitted surety insurer, made payable to the City. B. The security shall be in an amount equal to at least ten percent of the amount of the bid, or such other sum as may be authorized by the California Public Contract Code. A bid shall not be considered unless one of the forms of bidder's security is en- closed with it. C. Upon award of the contract to the lowest responsible bidder, the security of an unsuccessful bidder shall be returned in a reasonable period of time, but in no event shall such security be held by the City beyond si.,'~,,,' ninety_ days from the date the notice of award of contract is mailed. D. All bidders on a public works project must designate in their bids the name and address of each subcontractor who will perform work exceeding one-half of one percent of the prime contractor's total bid and what portion of the work each subcontractor will perform. The prime contractor shall list only one subcontractor for each portion of work as is defined by the prime contractor in their bid. (Ord. 1583 § 1 (part), 1992) 3.23.060 Opening bids. Bids shall be opened in public at the time and place stated in the notice inviting bids. A tabulation of all bids received shall be open for public inspection during regular business hours for a period of not less than fifteen calendar days after the bid opening. Any bid which is received after the time specified in the notice shall be returned unopened. (Ord. 1583 § 1 (part), 1992) 3.23.070 Award of contract. Contracts shall be awarded by the City Council to the lowest responsible bidder except as otherwise provided in this chapter. (Ord. 1583 § 1 (part), 1992) PC/DIPUO/N 3-6-02 2 3.23.080 Forfeiture of security. If the successful bidder fails to execute the contract within ten days after the date the notice of award of contract is mailed; unless the City is responsible for the delay, the amount of the bidder's security shall be forfeited to the City except as provided in Section 3.23.090. (Ord. 1583 § 1 (part), 1992) 3.23.090 Award ofcontract to next lowest bidder-Failure to execute contract. The City Council may, on refusal or failure to the successful bidder to execute the contract within ten days after the date the notice of award of contract is mailed, unless the City is responsible for the delay, award it to the next lowest respons~le bidder. If the City Council awards the contract to the second lowest bidder, the amount of the lowest bidder's security shall be applied by the City to the difference between the low bid and the second lowest bid, and the surplus, if any, shall be returned to the lowest bidder if cash or a check is used, or to the bidder's surety if a bond is used. (Ord. 1583 § 1 (per), 1992) 3.232100 - Award of contract to next lowest bidder-Lowest bidder irresponsible-Notice and hearing. A. The City Council, in its sole discretion, may reject the lowest bid for ~,.,,j .... upon specific findings that the lowest bidder is not responsible. To determine responsibility, the City Council may consider, among other things, the bidder's financial responsibility, type of license, type of equipment, number of years experience in construction work, other projects bidder worked on in the last five years, whether bidder has failed to complete any contract and bidder's ability to be bonded. B. If the City Council rejects the lowest bid upon its detemiination that the lowest bidder is not responsible, the City shall do the following: 1. Give notice of the City Council's decision to the lowest bidder, setting forth the reasons why he/she is not considered the lowest "responsible" bidder; 2. In the notice, give bidder an opportunity to ask for a pre-award hearing before the City Council on the issue; 3. If hearing is requested, agenda the matter pursuant to California Government Code hearing requirements; 4. After the hearing, the City Council shall make a finding, supported by the evidence on the record, as to the nonresponsibility of the lowest bidder. (Ord. 1583 § 1 (pan), 1992) 3.23.110 Rejection of bids-ldentical bids-Absence of bids. The City Council, in its sole discretion, may: A. Reject any bids presented and readvertise for new bids; B. Reject any bid that fails to meet the bidding requirements in any respect; C. If two or more bids are the same and the lowest, the City Council may accept the one it chooses; D. If no bids are received, the City Council may have the project done without further complying with this chapter; E. Waive minor irregularities in any bid received. (Ord. 1583 § 1 (part), 1992) 3.23.120 Informal bidding procedure for public works projects. Except as otherwise required by this chapter or under state or federal law, the bidding procedures of this chapter may be dispensed with for public works projects with an estimated dollar value equal to or less than the required dollar value specified in Subdivision (b) of Section 22032 of the Public Contract Code, and the following informal bidding procedures substituted: A. The City shall maintain a list of qualified contractors, identified according to categories of work. Minimum criteria for compilation of the contractor list shall be determined by the California Uniform Construction Cost Accounting Commission ("Commission"). All contractors on the list PC/DIR/O/N 3-6-02 3 for the category of work being bid and/or all construction trade journals specified by the Commission shall be mailed a notice inviting informal bids, unless the product or service is proprietary. B. All notices to contractors and construction trade journals shall be mailed not less than ten calendar days before the date of opening the bids. C. (Repealed by Ord. 1632) D. The City Council hereby delegates the authority to award contracts pursuant to informal bidding to the City Matmger or other person designated in writing by the City Manager. (Ord. 1632, 1993; Ord. 1583 § 1 (part), 1992) 3.23.130 Exempt from bidding requirements. The following are exempt from competitive bidding requirements: A. Professional Services. Includes, but is not restricted to, services of lawyers, architects, engineers, land surveyors, artists, and accountants; B. Maintenance. Includes the maintenance and repair of streets and sewers, but does not include the furnishing of materials for such maintenance; C. Emergency Work. If there is a great public calamity, such as an extraordinary fire, flood, storm, epidemic or other disaster, or if it is necessary to do emergency work to prepare for national or local defense, the City Council may pass a resolution by a four-fiRhs vote declaring that the public interest and necessity demand the immediate expenditure of public money, to safeguard life, health or property. Upon adoption of the resolution, the City may expend any sum required in the emergency without complying with this chapter; D. Small Contracts. Any contract for ..... u ......: .......; ..... ~ p bli · .,,.,l..,V~,,,o, o,,, · ,,.......,o, '""1""1"'""'""" .~11.~ U C works projects with an estimated dollar value, less than the required dollar value for competitive bidding established by Section 22032(a) of the California Public Contract Code; E. Meaningless Bids.. Where the nature of the subject of the contract is such that competitive proposals would not produce an advantage and when the advertisement for competitive bidding would be undesirable, impracticable or impossible; F. Performance of Project At, er Rejection of Bids. After rejection of bids presented, the City Council may pass a resolution by a four-fifths vote declaring that the project can be performed more economically by day labor or the materials or supplies furnished at a lower price in the open market, Upon adoption of the resolution, the City is relieved from further compliance with formal bidding require- ments. (Ord. 1583 § 1 (part), 1992) 3.23.140 Performance bond of successful bidder. The City Manager has authority to require a performance bond before entering a contract, in such amount as the City Manager finds reasonably necessary to protect the best interests of the City or as may be required by law. If the City requires a performance bond, the form and amount of the bond shall be described in the notice inviting bids. (Ord. 1583 § I (part), 1992) 3.23.150 Deposit of proceeds. The cash or proceeds collected pursuant to this chapter shall be deposited in the fund out of which the expenses of preparation and printing oft_he plans and specifications, estimates of cost and publication of notice are paid. (Ord. 1583 § I (part), 1992) 3.23.160 Additional work by City authority. Notwithstanding the provisions of this chapter, if any public works project is being performed upon any street or utility, and the Director of Public Works determines that additional City work is required upon the same street or utility, the Director of Public Works may order that the additional City work be accomplished by purchase order or contract without complying with the bidding requirements established in this chapter; provided, that the cost of the additional work PC/DIR/O/N 3-6-02 4 does not exceed the required dollar value for bidding established by Section 22032 of the California Public Contract Code. (Ord. 1583 § 1 (part), 1992) 3.23.170 Deletions of work by City authority. The City reserves the right to delete up to twenty-five percent of the work on a public works contract where such deletions would advance, the project as originally contemplated. (Ord. 1583 § 1 (part), 1992) PC/DHUO/N 3-6432 5 DRAFT ORDINANCE NO. 1895 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CUPERTINO ADOPTING CHAPTER 2.XX OF THE CUPERTINO MUNICIPAL CODE ESTABLISHING THE BICYCLE PEDESTRIAN COMMISSION Whereas, the City Council wishes to establish the Cupertino Bicycle Pedestrian Commission, NOW, THEREFORE, BE IT ORDAINED AS FOLLOWS: Chapter 2.XX of the Municipal Code of Cupertino is hereby adopted as follows: Chapter 2.XX BICYCLE PEDESTRIAN COMMISSION 2.XX.010 Established-Composition. The Bicycle Pedestrian Commission of the City is established. The Bicycle Pedestrian Commission shall consist of five members, none of whom shall be officials or employees of the City, nor cohabit with as defined by law, nor be related by blood or marriage to any member of the Commission, the City Manager or any staff person(s) who may be assigned by the City Manager to assist this Commission. All members shall be City of Cupertino residents. Members of the Bicycle Pedestrian Commission shall be appointed by the City Council. 2.XX.020 Members--Terms. A. Commissioners serve at the pleasure of the City Council. The term of office of the members of the Bicycle Pedestrian Commission shall be for four years and shall end on January 15th of the year their term is due to expire. No commissioner shall serve more than two consecutive terms, except that a commissioner may serve more than two consecutive terms if he or she has been appointed to the Commission to fill an unexpired term of less than two years. B. The appointment, reappointment and rules governing incumbent members of the Commission are governed by Resolution No. 7571 of the Cupertino City Council. 2.XX.030 Members--Vacancy or removal. Any appointee member may be removed by a majority vote of the City Council. If a vacancy occurs other than by expiration of a term, it shall be filled by the City Council's appointment for the unexpired portion of the term. 2.XX.040 Chairperson. The Commission shall elect its chairperson and vice-chairperson from among its members and shall appoint a secretary. Terms of the chair and vice-chair shall be for one year and shall be complete on January 15th. Ordinance No. 1895 2.XX.050 Meetings--Quorum. A. The Bicycle Pedestrian Commission shall establish a regular place of meeting and rules of conduct thereof and shall hold at least one regular meeting each month, unless a regular meeting is cancelled by direction of the Commission Chairperson. B. A majority of the Bicycle Pedestrian Commission shall constitute a quorum for the purpose of transacting the business of the Commission. 2.XX.060 Majority vote required. A majority vote is required to approve a recommendation on any matter that is presented to the Commission that requires a vote. 2.XX.070 Records required. The Commission shall keep an accurate record of its proceedings and transactions and shall render such reports to the City Council as may be required. 2.XX.080 Powers and functions. A. The powers and functions of the Bicycle Pedestrian Commission shall be to review, monitor and suggest recommendations for City transportation matters including, but not limited to, bicycle and pedestrian traffic, parking, education and recreation within Cupertino. B. To fulfill their mission, the Commission may involve itself in the following activities: 1. To monitor and update the Bicycle Transportation Plan and Pedestrian Transportation Guidelines; 2. To suggest recommendations, review, and monitor the City's General Plan Transportation Element; 3. To receive public input pertaining to bicycle and pedestrian transportation and infrastructure issues; 4. To make recommendations regarding the implementation of roadway and transportation improvements as it pertains to bicycle and pedestrian needs; 5. To make recommendations regarding the allocation of funds for capital expenditures relating to bicycle and pedestrian transportation; 6. Any other activity that may be deemed appropriate and necessary. 2.XX.090 Compensation--Expenses. Members of the Bicycle Pedestrian Commission shall serve without compensation, but all necessary expenses reasonably incurred by them while acting in their official capacity shall be paid by appropriate action of the City Council. 2.XX.100 Procedural Rules. The Commission may adopt from time to time such rules of procedure as it may deem necessary to properly exercise its powers and duties. Such rules shall be kept on file with the Chairperson of the Commission, the Mayor, and the City Clerk, and a copy thereof shall be furnished to any person on request. -2- Ordinance No. 1895 2.XX. 110 Effect. Nothing in this chapter shall be construed as restricting or curtailing any powers of the City Council or City officers. This ordinance shall take effect thirty (30) days after its passage. INTRODUCED at a regular meeting of the City Council of the City of Cupertino this 6th day of May, 2002, and ENACTED at a regular meeting of the City Council of the City of Cupertino this 3rd day of June, 2002, by the following vote: Vote Members of the Ci_ty Council AYES: NOES: ABSENT: ABSTAIN: ATTEST: APPROVED: City Clerk Mayor, City of Cupertino -3- CITY OF CUPERTINO PARKS AND RECREATION ADMINISTRATION Agenda Item Number-2~ STAFF REPORT .~'V,~4. 3 Agenda Date: ~2002 SUBJECT: Cupertino High School Field House Storage Addition Consider committing $57,800.00 of general fund money to construct an addition to the Cupertino High School field house, so that table tennis equipment can be stored on site, and purchasing table tennis equipment for an additional $9,000. BACKGROUND Staff has been working with Fremont Union High School District (FUHSD) staff on an opportunity to offer a table tennis program in Cupertino. FUHSD is constructing a new field house at Cupertino High School. After the field house is completed, the existing gym will be renovated, so extra gym time will not immediately be available, but ultimately the capacity will be doubled for non-peak use times. The school has pent-up demand for gym space during the after school/evening hours, but more opportunity for community use will exist in the later evenings and on Sundays. District staff has begun to draft an agreement for city use of the space that would guarantee the city use for eight hours on Sunday for 48 Sundays per year. The district would reserve the right to schedule the field house four times per year with 15-days notice. The district agreed to bid the storage room with its field house project as an add-alternate bid item. The bids were opened on May 14, 2002. The low bidder for the project bid the field house alternate at $47,000; district 'soft costs' at 23 percent brings the total construction cost to $57,800. Staff would expect to spend $9,000 for equipment for a total capital investment of $66,800. The cost to open the gym on Sundays would be $436 for eight hours. This is based on current district rental costs of $14.50/hr. for rental fees and $40.00/1u'. for a district custodian. Using part-time city staffto open the gym on Sundays would reduce the cost considerably, but the district cannot allow the facility to be staffed by non-union personnel without union concurrence. Staff believes that $5.00 for drop-in table tennis play is about the maximum charge to get the program started. Given that, it would take 88 players per Sunday to break even given the cost to Cupertino High School Field House Storage Addition May 20, 2002 Page 2 of 2 open the gym. Staff would recommend the Council budget $10,900 to subsidize this program at 50 percent for the first year of operation ($21 g/week x 50 weeks -- $10,900). Alternative: Staff has looked at the area in the sports center that Nova Care was renting and would suggest creating a multi-purpose room that can accommodate 4 table tennis tables within the sports center. We can schedule them based on demand; the public would have more times available for play. However, this would require structural changes and should be considered in the context of the Sports Center remodel/rebuild. FISCAL IMPACT Providing table tennis through the school district would cost $66,800 in capital and $10,900 in firm-year operations. STAFF RECOMMENDATION Staff recommends that City Council not proceed with the storage addition to the field house at Cupertino High School, but use space at the Sports Center to provide this program to the community. SUBMITTED BY: Therese Ambrosi Smith, Director Parks and Recreation DePartment APPROVED FOR SUBMISSION TO CITY COUNCIL: DaSd Knapp, City Manager CUPEI INO DRAFT MINUTES CUPERTINO REDEVELOPMENT AGENCY Regular Meeting Tuesday, January 22, 2002 CALL TO ORDER At 7:50 p.m., Chairman Richard Lowenthal called the meeting to order in the City Council Chambers, 10300 Torre Avenue, Cupertino. ROLLCALL Redevelopment Agency members present: Chairman Richard Lowenthal, Vice-Chair Michael Chang, and Agency members Sandra James, Patrick Kwok and Dolly Sandoval. Redevelopment Agency members absent: None. Staff present: Executive Director David Knapp, General Counsel Charles Kilian, Community Development Director Steve Piasecki, and Deputy Secretary Grace Johnson. APPROVAL OF MINUTES A. Minutes of the July 17, 2000, Redevelopment Agency meeting. Chang/James moved to approve the minutes as submitted. Vote: Ayes: Chang, James, Lowenthal. Abstentions: Kwok and Sandoval. Noes: None. CONSENT Cupertino Citizens for Affordable Housing et al. All Persons Interested in the Redevelopment Plan for the Cupertino Vallco Redevelopment Project, et al., Case No. CV 793260, Resolution No. 02-01. James/Sandoval moved to adopt Resolution No. 02-01, which approved the terms of the settlement agreement between the City of Cupertino, the Cupertino Redevelopment Agency and the Citizens for Affordable Housing. Vote: Ayes: Chang, James, Kwok, Lowenthal, Sandoval. Noes: None. ADJOURNMENT At 8:00 p.m., the Redevelopment Agency adjourned. For more information: Staff reports, backup materials, and items distributed at the meeting are available for review at the City Clerk's Office, 777-3223. Televised Council meetings may be viewed live on Cable Channel 26, and may also be viewed live or on demand at www.cupertino.org. Videotapes of the televised meetings are available at the Cupertino Library, or may be purchased from the Cupertino City Channel, 777-2364. The meeting of January 22, 2002 was not televised. Grace Johnson, Deputy Secretary THE FOLLOWING ITEMS WERE PRESENTED AT THE MEETING TEENS N 'TINO The Inaugural Year of Cupertino Teen Commission haNts and hobbies, To ADDRESS TEEN ISSUES AND IMPROVE RELATIONS WITHIN OUR COMMUNITY THROUGH RECREATION AND COMMUNICATION. · Web site New Library Discussion Selection process · Teen Job Faire Sk8 Park ans · 2 year staggered terms · Grades 8- 12 · All commissioners must reapply upon conclusion of term · Thirteen commissioners City Council Kimberly Smith ~ From: Peebles, Mark Sent: Monday, June 03, 2002 8:24 AM To: info@cupertino.org Subject: City Council My name is Mark Peebles and I would like the following to be given to each of the City Council members for the meeting tonight. This is the text of my speech on the subject of Middle School boundaries. This subject is not on the agenda but I will speak on it during the Oral Communications. Page 1 of 2 O~tqL Thank you Collins MS City Council Speech June 3rd. My name is Mark Peebles. I live on Barbara Lane in Cupertino. The community I live in is in the Heart of Cupertino bounded by Stevens Creek Blvd, DeAnza Blvd and 85. I am here tonight because the School Board will soon review proposals to redraw the Middle School boundaries, and the wrong decision could require the children of the Faria Community to cross the busiest commercial zone in Cupertino. I ask that the City Council take an active role to keep our community safe. The City has a vested interest in providing the information and expertise to the School Board, Andy Mortensen, AND the Task Force who have worked very hard to on various solutions so they may provide the SAFEST solutions for the School Board to decide upon. DeAnza Blvd North of 85 has the HIGHEST traffic count of any road in Cupertino. DeAnza and Stevens Creek are very wide and heavily used by tracks. 3/4 of our neighborhood is surrounded by DeAnza College, 100% of businesses including, gas stations, a car dealership, and a new Hotel etc. Autos and tracks travel 40-45mph through this commercial area creating an incredibly dangerous environment for children when compared to the current path our children use to walk to school which is simply McClellan to Bubb road. The City has already recognized this commercial area requires more measures to make it safer, and recently added cameras to the intersection of DeAnza and Stevens Creek to catch drivers who drive through red lights. However, this will not stop the area from having the highest accident rate for bicyclists and pedestrians in the city. Mr. Lowenthal, we ALL want this city to be walkable and bikable. My neighbors and I enjoy living in the Heart of the city. Our families take advantage of the short walk to Whole Foods, Target, Tung Kee, and Memorial Park ..... HOWEVER, our walking to these areas on weeknights and weekends with our children beside us is NOT the same as suggesting 10,11,12 year olds should be able to cross this COMMERCIAL area by themselves during heavy commute hours - twice a day - 5 days a week!! Some may contest that this is an acceptable risk - if they lived in my neighborhood they would quickly change their mind. 6/3/02 City Council Page 2 of 2 The last th~ng any family or the :Cit~ ~fit!itc~ee ~e photos ~en by these new cameras of a car .himng a student walking to school. Som~/~ ~0~ation available from the C~ty of Cupemno web s~te on the traffic issues has akeady been~t~ t~' the Task Force and School Board by my neighborhood within the past two weeks. I am asking the City Council to act NOW, and not wait until after the Middle School boundaries have been redrawn to participate in what could be the most critical decision on children's safety in Cupertino in recent memory. Mark Peebles - A proud member of the Faria Community. 6/3/02 ~C ~t~ I1~! PROPOSED 30 MINUTE SCHOOL PICK UP AND DROP OFF ZONE Faria Elementary School ~//////////////////~ Pe Tree Lane I m N LEGEND (when school is in session) FARIA ACADEMICS PLUS SCHOOL C__9.pertino Union School District Dolly Travers, Principal 10155 Barbara Lane Cupertino, California 95014 Phone (408) 252-0706 FAX (408) 253-0271 May 15, 2002 Dear Neighbors, The purpose of this letter is to thank you for participating in our neighborhood meetings on April 2 and 8 and for responding to our May 1 "postcard" survey. We also want to share our next step with you. The "postcard" survey was sent to 72 homes on Barbara, Bonny, Pepper Tree, and Scofield. The results of the survey were 19 in support of the 6 months trial and 15 not in support of the trial. While Faria School continues its ongoing efforts to improve the traffic congestion, the Faria School Site Council feels that the 30-minute parking is a viable strategy to reduce the overall traffic congestion. Therefore, the Faria School Site Council plans to request a 6 month trial from the City of Cupertino at their June 3, 2002, City Council meeting. The requested tdal for the next school year would begin in late August, 2002, and run through February, 2003. We feel that this idea is worth a try to achieve our goals of decreasing traffic congestion while safeguarding our students. If you have any questions, please do not hesitate to email or phone me. Sincerely, Dolly Travers Principal travers_dolly @cupertino.kl2.ca.us cc: Cupertino City Council P.S.: I received a petition signed by 44 neighbors asking that smdems residing in the neighborhood be given priority in the Faria School lottery. The roles and policies for "schools of choice" or "lottery" schools are set by the state - not by the school or district. So, I have forwarded that petition to our district who will let one of the petitioners know the proper channels to communicate with the State of California. Thank you for your interest in Faria! FARIA ACADEMICS PLUS SCHOOL Cupertino Union School District Dolly Travers, Principal 10155 Barbara Lane Cupertino, California 95014 Phone (408) 252-0706 FAX (408) 253-0271 May 1, 2002 Dear Neighbors, Faria School, as part of our community, would like to thank all the neighbors like you who support and use our public facilities, such as schools, play grounds, hospitals, parks, stores, etc. that every community member needs. We count on one another to grow and thrive together and build a successful community that benefits all of us. Over the years, Faria School has been concerned about the major inconvenience to our neighbors caused by the traffic congestion during arrival and dismissal times. We thank those of you who were able to attend our School Site Council neighborhood meetings on April 2 and April 8 at Faria School to discuss traffic concerns. Before other complex and costly measures can be put into practice, an easy and immediate soluti°n to significantly reduce the congestion is to allow the parents to park their cars on streets around the school (indicated on the map on the reverse side) and walk their children to and from school. This would greatly reduce the number of cars in line, and thus relieve the duration and the degree of the traffic congestion. It takes less than 30 minutes during the school arrival and dismissal times to use the parking spaces along the streets which the neighbors are not using at that time. We have counted approximately 100 parking spaces that are available. When parents do not follow the roles, they will be warned by the school and will be ticketed by the law enforcement officers. However, it is important for us to understand that the misbehavior of a few should not prevent us from doing the right thing. In order to make sure this idea does help relieve congestion, we'd like to pursue a trial period of 6 months starting next school year. We are asking you for your support of this trial. It is better than doing nothing and letting the current situation continue. Let us know how you feel. Please fill out and mail the enclosed postcard by May 10. Look for another letter from us by May 15 for updated information on this topic. Thank you very much for your kind consideration. Sincerely, Principal travers_dolly @ cupertino.k 12. ca.us cc: Cupertino City Council Enclosure: Pre-paid and pre-addressed postcard Please indicate your choice with a check mark (x/)' [ ] Yes. I support a trial of 30 minute parking during school arrival/dismissal times for 6 months as indicated on the map. [ ] No. I do not support a trial of 30 minute parking during school arrival/dismissal times for 6 months as indicated on the map. Signature: FARIA ACADEMICS PLUS C__Epertino Union School District SCHOOL Dolly Travers, Principal 10155 Barbara Lane Cupertino, California 95014 Phone (408) 252-0706 FAX (408) 253-0271 March, 2002 Dear Neighbors, We all share a common problem and we want you to share in its solution! Please come to a neighborhood workshop and help make recommendations on improving the traffic congestion around Faria Elementary School. You input is key and our findings will be forwarded to the City of Cupertino via a Cupertino City Traffic Manager who will attend both meetings. We have scheduled two meetings in hope that you will be able to attend one of them. Tuesday, April 2 - 7:00 p.m. at Faria School Monday, April 8 - 7:00 p.m. at Faria School If you have any questions, please call me at 408-252-0707 or email me at travers_dolly@cupertino.kl2.ca.us Please mark your calendars and be sure to attend. Sincerely, Dolly Travers EXHIBIT We, as the neighbors live in the city, ask the City Council NOT to pass the Faria School proposal! We, as the neighbors, are ready to work with the school to find safe, fair solutions instead of unloading the problems to the neighborhood! Mon, Jun 3, 2002 12:14 PM From: susan chen <susanchen8@yahoo.com> To: <rlowenthal@cupertino.org>, <mchang@cupertino.org>, <pkwok@cupertino.org>, <sjames@cupertino.org>, <dsandoval@cupertino.org> Cc: <markpeebles@hotmail.com>, <Gsdklu@aol.com>, <jeanreyda@yahoo.com>, <hjiang@yahoo-inc.com>, <Slmackin@aol.com>, <susan@duxarx.com>, <gqiuS@yahoo.com> Date: Monday, June 3, 2002 9:28 AM Subject: Neighbors against Faria proposal agenda #16 Dear council members, We are neighbors from the Faria area. We will present in tonight meeting to voice our concerns and offer our solutions. We have several neighbors plan to speak out at tonight meeting. Please see attached as community voice. Thanks. Best Regards, 20910 Pepper Tree Ln. Cupertino, CA 95014 Susan Chen Do You Yahoo!? Yahoo! - Official partner of 2002 FIFA World Cup http://fifaworldcup.yahoo.com Page I of I City Council meeting June 3rd Agenda Item #16 response My name is Mark Peebles and I live on Barbara Lane directly across from Faria Elementary. My wife and I have a running joke... If I see something amiss and comment "oh they should have done so and so" she says "If they had only asked you first!". Well, this time I was asked... Our neighborhood was asked to participate in discussing solutions to the traffic issues at Faria and I attended both meetings which were hosted by the school. Many suggestions were made by the community, while Faria focused on the proposal which is on the Agenda tonight. While at the meeting I was told I should support their 30 minute idea because it would free up Barbara Lane. It was explained that the reason cars park illegally on Barbara Lane and block driveways during pickups and drop offs is that the parents don't want to get tickets. If they can see their car they can nm back and move it if a policeman arrives. This proposal will only legitimize what they have been doing all along, which is park near the school. Anyone who comes to the school at 3pm to view the traffic will see cars already parked along Peppertree, Barbara lane, and Scofield. This proposal will do nothing to improve the traffic flow for the parents or the community. However, it would put the community at risk. DeAnza college is HUGE and will shortly grow anywhere from 13 to 30% shortly. If we allow 30 minute parking without someone chalking the tires they will take advantage of our neighborhood for its free parking. In addition we have a Neighborhood Watch Program which will report "unknown" vehicles to the police if we see them parking on the Permit Only streets. With this 30 minute zone we lose that piece of mind. We live in the Heart of the City and this should be considered. The reason the cars wait in line 15+ minutes blocking local traffic is that there is only a single loading zone. It was suggested a second dropoff/pickup zone be added along the school side of Barbara Lane. The school would simply have to do what other schools do by adding crosswalk volunteers and they could have doubled the loading zone space!!!! The school also stated that 30% of the parents car pool ..... Car pooling could be encouraged by only allowing those vehicles doing so in the inner lot. The addition of crosswalk volunteers would remove any arguments I've heard against this solution. If the School Site Council wants to relieve the traffic congestion this or other ideas should be developed. The neighborhood does not want the school parking lot expanded into the neighborhood. I ask the City Council NOT to pass the current proposal which will only protect parents who currently park illegally from tickets. The Faria Community wants to pursue solutions to this problem with Faria Elementary and the City which will benefit both the school AND the neighborhood. Sincerely, Mark Peebles A proud member of the Faria Community Agenda Item #16: Neighborhood Response School Campus Carpool loading zone ]; Cross Guard Short Fence Post Barbara Ln Scofield Dear Council members, We are the neighbors living on Pepper Tree Lane. We strongly oppose the Faria school proposal item #16 to install 30 minutes parking zones in our neighborhood. The proposal puts our community in danger, In this street alone, we have at least 6 kids going Lincoln at the same time, where 3 kids are new to kindergarten for coming September. Can you image with two cars parking, waiting to parking and leaving parking at both sides of our driveway while students and their parents just walking through the street. This proposal does not consider the safety of our kids going to his/her school. Our street faces the major entry from De Anza that will grow bigger in the near future. It is a safety issue for our home too. Currently we are on "Neighborhood Watch", and if a police finds a car without the city issued tag parking in our front yard, he will stop by and issue a ticket. However, based on the proposal, he needs to make sure the strange car parking within 30 Minutes, which complicates his job to protect us. Therefore, he may simply drive-by. That will be enough time for some one to break into a house. We are such small neighborhood at between Stelling Rd., and De Anza Blvd., facing the horrible traffic pressure from College and Commercial district. We have to protect ourselves to survive and have to very sensitive to and kind traffic go into our neighborhood, please understand us. Based on the safety concerns for our neighborhood, we ask you not to pass the proposal item #16 that compromises the safety of our neighbors. Thanks. Pepper Tree Lane Neighbors, 20896 Jun Yang 20910 Zuishuang Chen 20911 The-Hua Ju 20924 Lih Huang 20954 David Murata and Sandra Murata Cupertino, CA 95014 Dear Council members, We are the neighbors living0n Pepper Tree Lane. We strongly oppose the Faria school proposal item #16 to install 30 minutes parking zones in our neighborhood. The proposal puts our community in danger, In this street alone, we have at least 6 kids going Lincoln at the same time, where 3 kids are new to kindergarten for coming September. Can you image with two cars parking, waiting to parking and leaving parking at both sides of our driveway while students and their parents just walking through the street. This proposal does not consider the safety of our kids going to his/her school. Our street faces the major entry from De Anza that will grow bigger in the near future. It is a safety issue for our home too. Currently we are on "Neighborhood Watch", and if a police finds a car without the city issued tag parking in our front yard, he will stop by and issue a ticket. However, based on the proposal, he needs to make sure the strange car parking within 30 Minutes, which complicates his job to protect us. Therefore, he may simply drive-by. That will be enough time for some one to break into a house. Based on the safety concerns for our neighborhood, we ask you not to pass the proposal item #16 that compromises the safety of our neighbors. Thanks. Pepper Tree Lane Neighbors, 20910. Gang Qiu and Zuishuang Chen From: Slmackin@aol.com To: <Brian.Mackin@Sun.COM> Date: Friday, May 24, 2002 7:26 AM Subject: Fwd: Faria Parking Situation Mon, Jun 3, 2002 12:13 PM The mayor wrote me back. From: Richard Lowenthal <richard@lowenthal.com> Reply-To: richard@lowenthal.corn Date: Thu, 23 May 2002 2] :02:56 -0700 To: Slmackin@aol.com Subject: RE: Faria Parking Situation Dear Ms. Mackin, Thank you for your message. Sincerely, Richard Lowenthal I will take your views into consideration as we make our decisions. ..... Original Message ..... From: Slmackin@aol.com [mailto:Slmackin@aol.com] Sent: Thursday, May 23, 2002 8:43 PM To: rlowenthal@cupertino.org Subject: Faria Parking Situation I am a resident on Bonny Drive in Cupertino. To my dissatisfaction, the principal at Faria school is going to pilot a parking solution next fall. A meeting was held at the school in May to discuss the horrible traffic problem that exists in our neighborhood dudng school days and several residents attended in order to offer different solutions to this problem. Much to our dismay, we receive postcards in the mail notifying residents that the pdncipars decision would be that parents are going to be allowed to park along our streets and parents will be walking their students to class. Many neighbors are unhappy with this decision to have hundreds of parents parking in front of our houses every morning. We have offered several altemative plans, including elaborate "ddve though/drop off" plans that were not considered. I am writing you because I heard a "rumor" stating that due to this the new parking arrangement at Fada perhaps the police will not be ticketing unauthorized cars during the hours of 8 and 4pm. This would mean that DeAnza students who would ordinarily be cited for unauthorized parking on our streets (as the signs posted in our neighborhood decree) may "get away" with being able to park in our neighborhood dudng the school day. I hope this is not true and feel DeAnza student parking on our streets unacceptable. Our neighborhood has always been a peaceful, quiet place and it has taken us a lot of work just to dd our streets of traffic on Flea Market days. I will be fudous if parking on Bonny Drive dudng the school day is going to be permitted for DeAnza students. The Fada principal seemed to indicate that parent parking for families at that school is inevitable and we as neighbors aren't really being given the opportunity to dispute the decision. I felt that I wanted your office to be informed that myself and many other neighbors will be extremely unhappy with any decision made by the city to allow student parking on our streets. It is bad enough that Fada families will be clogging our sidewalks and streets each morning from 8-8:30 am. Thank you for the opportunity to express my thoughts. Susan Mackin 10290 Bonny Ddve Cupertino Page I of I Proposal to alleviate the congestion from Faria's traffic In reference to diagram, our proposal to alleviate the congestion fi.om Faria's morning "drop-off' includes opening up an alternative "drop-off' route fi.om Stelling route. Benefits 1. Safety · The added benefit of directly drop off kids on Faria campus instead of parking on Peppertree, Scofield and nearby streets and then having students walk to the school amidst traffic. · Opening from Stelling is longer in distance and creates more direct curbside drop off opportunities · relieves overall congestion in residential streets, i.e. Peppertree will no longer be impacted with traffic because of Stelling route opportunity i.e. Congestion will go down on Barbara lane/Scofield Drive (not shown perpendicular to Barbara lane on the right). I'd also like to take this time to raise some concerns regarding the "30 minute pilot program" which I feel will have no impact on the level of congestion and additionally will create a hazard for neighboring Faria residents. Currently Faria parents are already fully parked alongside neighboring streets to drop off kids. There is no parking permit enforcement at this time of day so I do not understand what the 30 minute drop off program will really offer.'? To legally create congestion? To extend the period of time for congestion? Neighboring residents that need to go to work have had to plan around Faria's start time so as to not be caught in the congestion and not be able to fully utilize our streets. 3. Zoned residential permit parking is a right given to the resident's and not the school. The program unjustly compromises rights of residents. Faria is a open-enrollment school so it does not directly benefit neighboring residents in terms of property value but has negatively impacted us fi.om the congestion hazards. 5. I think Faria needs to re-evaluate their enrollment program...the number of students enrolled have dramatically increased over the past few years. Is it over- capacity? It's important to also take a different perspective on this issue and find the root cause this problem. Attached is our proposal to alleviate the congestion from Faria's traffic. De Anza Campus Stelling- Road Pepper Tree Ln. Unloading zone Faria Campus Stevens Creek Barbara Lane Agenda Item #16: Neighborhood Response Sharon Lu 20851 Scofield Dr. Cupertino,CA 95015 Dear Council members, It is appalling that a neighborhood would be asked by a school to forfeit parking places on their streets. I strongly disagree to have any parking for 30 minutes in the AM and 30 minutes in the PM on our streets. Parking on our neighborhood streets to accommodate a school is wrong. It is the schools responsibility to find parking and control school traffic on their grounds, not in front of the home owner's property. I have college age daughter's that oftentimes come home in the afternoon. They would relinquish their parking spots if parent's had parking in the afternoon for pickup of Faria students. It is already a problem when there are functions at the school during the day and evenings which also takes many street parking spaces. You add to this the one Saturday a week for the De Anza flea market and our streets become a place where the home owner's feel they need an appointment to park in front of their own houses. Although there are signs that prohibit parking from outsider's on flea market day, people still continue to park. Also, a parking permit for these parent's for 30 minutes can become 60 minutes and so on as human nature prevails. What happen's when someone parks for more than 30 minutes. Is the sheriff called to give out tickets as they do on flea market day? This causes more confusion and traffic and does not slow down the number of cars that park on these Saturdays. Many people will pay the parking ticket anyway so they can take care of business. Parent teacher meetings etc. Where does it end? We cannot also forget the general safety aspects the neighborhood faces with more parked cars and the danger it poses to the children that live in this neighborhood. This policy that Faria is trying to pass does nothing for the children that live in this area except more danger in walking to school. It seems that Faria is more concerned with those that DO NOT live in this Cupertino area to accommodate the out of area cars and are not concerned about our neighborhood schools. Put this in perspective Faria. The neighborhood children WALK to school. Their safety is first and foremost!!! NO NO NO to parking permits by these parents on our streets. The homeowner's consideration and neighborhood children must be first! It is Faria's issue to find a parking lot for parent's to park that is a PARKING LOT, and not the streets that are in front of our houses. Thank you, 20880 Pepper Tree Lane, Cupertino, CA 95014 Jean Reyda Dear sir or madam, We have concern for everyone's safety as about proposal allowing Faria School parents parking on the street. Faria students walking around on our neighborhood street during peak traffic hour increases difficulties to drive our cars out of our property and brings more pressure to us residents. Who could be responsible for those walking kids' safety? Our Kids need to rush out to their attendance school at the same time as Faria students arrive here. With cars Moving or none moving ones linger around on our street, our kids are exposed to more dangers. It's harder for residents to drive out of our neighborhood to send our kids to school on time as well as to arrive office on time. I have two kids, one is going to Lincoln Elementary School this autumn. Our neighbor Susan, Sandra and Matthew on same street will face same situation to send their 5 year old child to Lincoln too. Safety for us residents and our property is jeopardized. People come to DeAnza or come for other reason tend to park on our streets again. There will be a big question mark on how the parking permit system function properly for our streets. 20896 Pepper Tree Lane, Cupertino, CA 95014 Helen Jiang Dear city council members: We are against Faria's parking proposal that will turn our nice residential neighborhood into a busy parking lots, unfairly dump the school's problem to the neighborhood, and making the traffic much worse than now. If you come to our neighborhood morning or afternoon, you will find the parents of Faria students already parking their cars in front of our property. I had chances talked with those parents. They told me only concern to them was a ticket since Cupertino City has a strict parking law in front of them. Now the new proposal will simply legitimize and codify these kinds of behavior into law. This is not a solution rather than a reward to those who violate the Cupertino city parking regulations that is designed to protect our neighborhood. The proposal is simply to give one more convenience to those people in the expense of our neighborhood. There are lots ways to solve or to reduce the traffic; here are the some proposals for the school to consider: Find experienced professionals to redesign the traffic flows, parking area, drop- off and pick-up zones. The school must educate all parents and students to respect basic traffic codes and the neighborhood's property. Extend drop-off and pick-up time. We know many other schools have done excellent jobs in solving the parking and traffic problems. Faria should thoroughly study their experience. Yes, we need to find a feasible and fair solution to the problem without detrimental effect on our neighborhood. By simply codifying the illegal behavior into the law will not solve the problem; rather it will encourage the more lawless parking behavior. 20910 Peper Tree Ln. Cupertino, CA 95014 Gang Qiu Please see attached petition signed by 44 neighbors voicing their concerns about the proposal and offering one of solutions. We will deliver the signatures at the council meeting to you. Thanks. We should be given the first priority to enter Faria in exchange for the inconvenience of traffic! Fa_da school is located in our backyard. Now the school wants to expand the drop off zone to our front yard. This will affect the neighborhood adversely. 1. Faria's proposed policy doubles the traffic. Now our kids need to commute to other schools (such as Lincoln) at the same time. The traffic in and out will put both sides in danger. Most notably, the streets will become crowded with pedestrians at morning rush hour. Does the proposal take the concern of our neighborhood? No!!! As the neighborhood, we deserve every fight to bring our kids safelY and timely to their schools, too. 2. The parents of Faria students already violate the parking law everyday; now' the new proposal will simply legitimize and codify these kinds of behavior into law without any concern of the neighborhood. This is not a solution but a shirking of their duties onto the neighborhood. 3. The school has a lottery policy that gives the preference to the sibling(s) of students for the concern of the commute. However, the traffic still poses a big problem. This preference policy reduces the chance of kids who live within walking distance to the school and forces them to create reverse traffic out to other schools. Therefore, we ask the school for the concern of traffic to give the first priority to the kids who live in these designated parking zones. We believe it will reduce the traffic by half both in and out. Since the neighborhood gets the benefit of the preference, we are willing to compromise with the new parking policy. Neighborhood 2 o o 4 '7- cz L.., We should be given the first priority to enter Faria in exchange for the inconvenience of traffic! Faria school is located in our backyard. Now the school wants to expand the drop off zone to our front yard. This will affect the neighborhood adversely. 1. Faria's proposed policy doubles the traffic. Now our kids need to commute to other schools (such as Lincoln) at the same time. The traffic in and out will put both sides in dange~r. Most notably, the streets will become crowded with pedestrians at morning rush hour. Does the proposal take the concern of our neighborhood? No!!! As the neighborhood, we deserve every right to bring our kids safely and timely to their schools, tOO. 2. The parents of Faria students already violate the parking law everyday; now the new proposal will simply legitimize and codify these kinds of behavior into law without any concern of the neighborhood. This is not a solution but a shirking of their duties onto the neighborhood. 3. The school has a lottery policy that gives the preference to the sibling(s) of students for the concern of the commute. However, the traffic still poses a big problem. This preference policy reduces the chance of kids who live within walking distance to the school and forces them to create reverse traffic out to other schools. Therefore, we ask the school for the concern of traffic to give the first priority to the kids who live in these designated parking zones. We believe it will reduce the traffic by half both in and out. Since the neighborhood gets the benefit of the preference, we are willing to compromise with the new parking policy. Neighborhood We should be given the first priority to enter Faria in exchange for the inconvenience of traffic! Faria school is located in our backyard. Now the school wants to expand the drop off zone to our front yard. This will affect the neighborhood adversely. 1. Faria's proposed policy doubles the traffic. Now our kids need to commute to other schools (such as Lincoln) at the same time. The traffic in and out will put both sides in danger. Most notably, the streets will become crowded with pedestrians at morning rush hour. Does the proposal take the concern of our neighborhood? No!!! As the neighborhood, we deserve every right to bring our kids safely and timely to their schools, too. 2. The parents of Faria students already violate the parking law everyday; now the new proposal will simply legitimize and codify these kinds of behavior into law without any concern of the neighborhood. This is not a solution but a shirking of their duties onto the neighborhood. 3. The school has a lottery policy that gives the preference to the sibling(s) of students for the concern of the commute. However, the traffic still poses a big problem. This preference policy reduces the chance of kids who live within walking distance to the school and forces them to create reverse traffic out to other schools. Therefore, we ask the school for the concern of traffic to give the first priority to the kids who live in these designated parking zones. We believe it will reduce the traffic by half both in and out. Since the neighborhood gets the benefit of the preference, we are willing to compromise with the new parking policy. Neighborhood We should be given the first priority to e er Faria in exchange for the inconvenience of traffic! Faria school is located in our backyard. Now the school wants to expand the drop off zone to our front yard. This will affect the neighborhood adversely. 1. Faria's proposed policy doubles the traffic. Now our kids need to commute to other schools (such as Lincoln) at the same time. The traffic in and out will put both sides in danger. Most notably, the streets will become crowded with pedestrians at morning rush hour. Does the proposal take the concern of our neighborhood? No!!! As the neighborhood, we deserve every fight to bring our kids safely and timely to their schools, too. 2. The parents of Faria students already violate the parking law everyday; now the new proposal will simply legitimize and codify these kinds of behavior into law without any concern of the neighborhood. This is not a solution but a shirking of their duties onto the neighborhood. 3. The school has a lottery policy that gives the preference to the sibling(s) of students for the concern of the commute. However, the traffic still poses a big problem. This preference policy reduces the chance of kids who live within walking distance to the school and forces them to create reverse traffic out to other schools. Therefore, we. ask the school for the concern of traffic to give the first priori¥~b the I/ids wlio live in these designated parking zones. We believe it will reduce the traffic by half both in and out. Since the neighborhood gets the benefit of the preference, we are willing to compromise with the new parking policy. Neighborhood From: Dolly Sandoval <dolly@dollysandoval.com> To: susan chen <susanchenS@yahoo.com> Date: Monday, June 3, 2002 3:00 PM Subject: Re: Neighbors against Faria proposal agenda #] 6 Mon, Jun 3, 2002 4:50 PM Thank you, Susan Chen, for your comments regarding the drop-off hours at Faria School. I appreciate having your input. Sincerely, Dolly Dolly Sandoval Councilmember, City of Cupertino (408) 725-8939 >Dear council members, >We are neighbors from the Faria area. We will present >in tonight meeting to voice our concerns and offer our >solutions. >We have several neighbors plan to speak out at tonight >meeting. Please see attached as community voice. >Thanks. > >Best Regards, > >20910 Pepper Tree Ln. >Cupertino, CA 95014 >Susan Chen Santa Clara County City Survey Business License Fees As of 6-3-02 Flee Farmer's Community Market Market Events Campbell $0.00 $0.00~ $0.00 Cupertino $0.00 $0.00! $0.00i Fremont 5.00/day 5.00/dayj $0.00 Gilroy I iVM Los Altos 2.00/day 2.00/dayi 2.00/dayl Los Gatos Milpitas Morgan Hill 3.00/yr Mountain View Palo Alto $0.00 $0.00 75. O0/yr j 7.50/day I VM n/aJ $0.00 $0.00! $0.00 $0.00 $0.00 San Jose Santa Clara 45.00/yr 45.00/yri 45.00/yr Saratoga n/a n/a n/a n/a Sunnyvale 10. O0/yr finance/business license survey I checking $0.00 EXHIBIT City of Cupertino Projected Business License Revenues As of 6-3-02 Flee Market: DeAnza College - monthly Farmer's Market: Vallco - 45 weeks Community Events: Cherry Blossom Festival Chamber Art and Wine Number License Projected Revenue of Booths Fee 600 $10.00/moi $72,000.00 i, 50 100 $2.50/wk $15.00 $15.00 150 $5,625.00! $1,500.00~ $2,250.00 $1,500.00 finance/business license survey Total , $84,000.00 Rotary Oktoberfest 100 $15.00, Moon Festival , 75 $15.00 $1,125.00 CHERRY BLOSSOM FESTIVAL 2002 FEE WAIVER BREAKDOWN 1. Quinlan Center/Memorial Park 2. Senior Center 3. Public Works Staffing 4. Parks & Recreation Staffing 5. Sheriffs $11,020 $1,470 $3,000 $441 $2,048 $17,979 ART AND WINE FESTIVAL 2002 FEE WAIVER BREAKDOWN 1. Quinlan Center/Memorial Park 2. Senior Center 3. Public Works Staffing 4. Parks & Recreation Staffing 5. Sheriffs $9,908 $1,320 $3,000 $655 $2,048 $16,931 MOON FESTIVAL 2002 FEE WAIVER BREAKDOWN 1. Quinlan Center/Memorial Park 2. Senior Center 3. Public Works Staffing 4. Parks & Recreation Staffing 5. Sheriffs $8,600 $3,410 $3,000 $655 $2,048 $17,713 IRIANIAN FEDERATED WOMEN'S COMMITTEE FESTIVAL 2002 FEE WAIVER BREAKDOWN 1. Quinlan Center/Memorial Park $7,700 2. Parks & Recreation Staffing $655 $8,355 OKTOBERREST 2002 FEE WAIVER BREAKDOWN 1. Quinlan Center/Memorial Park 2. Senior Center 3. Public Works Staffing 4. Parks & Recreation Staffing 5. Sheriffs $8,885 $1,280 $3,000 $655 $2,048 $15,868 EXHIBIT CUPERTINO REDEVELOPMENT AGENCY COMPONENT UNIT FINANCIAL STATEMENTS FOR THE YEARS ENDED JUNE 30, 2001 AND 2000 This Page Left Intentionally Blank CUPERTINO REDEVELOPMENT AGENCY Component Unit Financial Statements For The Years Ended June 30, 2001 and 2000 TABLE OF CONTENTS Page Independent Auditors' Report .............................................................................................................. 1 Component Unit Financial Statements: Combined Balance Sheets - All Fund Types and Account Groups ................................................................................................................. 2 Combined Statements of Revenues, Expenditures and Changes in Fund Balances - All Governmental Fund Types ................................................... 3 Combined Statements of Revenues, Expenditures and Changes in Fund Balances - Budget and Actual ...................................................................... 4 Notes to Component Unit Financial Statements ........................................................................... 5 Report On Compliance And On Internal Control Over Financial Reporting Based On An Audit Of Financial Statements Performed In Accordance With Government Auditing Standards ................................................ 9 This Page Left Intentionally Blank $$0CIA T£$ INDEPENDENT AUDITORS' REPORT A C¢OUNTA NC ¥ CORPORA TION 1931 San Miguel Drive - Suite 100 Walnut Creek, California 94596 (925) 930-0902 · FAX (925) 930-0135 E-Mail: maze@mazeassociates.com Website: www. mazeassociates.com Members of the Governing Board Cupertino Redevelopment Agency Cupertino, California: We have audited the accompanying component unit financial statements of the Cupertino Redevelopment Agency (Agency), a component unit of the City of Cupertino, as of and for the years ended June 30, 2001 and 2000, as listed in the table of contents. These component unit fmancial statements are the responsibility of the Agency's management. Our responsibility is to express an opinion on these financial statements based on our audits. We conducted our audits in accordance with generally accepted auditing standards and the standards for financial audits contained in Government Auditing Standards, issued by the Controller General of the United States. Those standards require that we plan and perform the audits to obtain reasonable assurance as to whether the component unit financial statements are free of material misstatement. An audit includes examining on a test basis evidence supporting the amounts and disclosures in the component unit financial statements. An audit also includes assessing the accounting principles used and significant estimates made by management, as well as evaluating the overall component unit financial statement presentation. We believe that our audits provide a reasonable basis for our opinion. In accordance with Government Auditing Standards, we have also issued a report dated March 19, 2002 on our consideration of the Agency's internal control structure and on its compliance with laws and regulations. In our opinion, the component unit financial statements referred to above present fairly in all material respects the financial position of the Cupertino Redevelopment Agency as of June 30, 2001 and 2000 and the results of its operations for the years then ended, in conformity with generally accepted accounting principles. The general purpose financial statements referred to above follow the requirements of the Government Accounting Standards Board's Statement 33, Accounting and Financial Reporting for Nonexchange Transactions, which was implemented for the year ended June 30, 2001. Our audits were made for the purpose of forming an opinion on the component unit financial statements taken as a whole. The supplemental combining financial statements listed in the table of contents are presented for the purpose of additional analysis and are not a required part of the component unit financial statements. This supplemental information has been subjected to the auditing procedures applied in the audits of the component unit financial statements and, in our opinion, is fairly stated in all material respects when considered in relation to the component unit financial statements taken as a whole. March 19, 2002 1 A Professional Corporation CITY OF CUPERTINO REDEVELOPMENT AGENCY COMBINED BALANCE SHEETS ALL FUND TYPES AND ACCOUNT GROUPS JUNE 30, 2001 WITH COMPARATIVE AMOUNTS AS OF JUNE 30, 2000 Special Revenue 2001 2000 Assets Accounts receivable $32,087 Total Assets $32,087 Liabilities and fund balances Liabilities: Accounts payable and accruals $6,401 Advance from City (Note 3) 103,100 Total Liabilities 109,501 Fund balances (deficit): Unreserved: Undesignated (77,414) Total Fund Balances (deficit) (77,414) Total Liabilities and Fund Balances (deficit) $32,087 $5,486 $5,486 $3,888 68,260 72,148 (66,662) (66,662) $5,486 See accompanying notes to component unit financial statements CITY OF CUPERTINO REDEVELOPMENT AGENCY COMBINED STATEMENTS OF REVENUES, EXPENDITURES AND CHANGES IN FUND BALANCES ALL GOVERNMENTAL FUND TYPES FOR THE FISCAL YEAR ENDED JUNE 30, 2001 WITH COMPARATIVE AMOUNTS FOR THE FISCAL YEAR ENDED JUNE 30, 2000 Revenues: Other revenue Total Revenues Expenditures: Community Development: Total Expenditures Excess (deficiency) of revenues over (under) expenditures Fund balances, (deficits) beginning of year Fund balances, (deficits) end of year Special Revenue 2001 2000 $97,739 $108,423 97,739 108,423 108,491 175,085 108,491 175,085 (10,752) (66,662) (66,662) ($77,414) ($66,662) See accompanying notes to component unit financial statements CITY OF CUPERTINO REDEVELOPMENT AGENCY COMBINED STATEMENTS OF REVENUES, EXPENDITURES AND CHANGES IN FUND BALANCES ALL GOVERNMENTAL FUND TYPES BUDGET AND ACTUAL FOR THE FISCAL YEAR ENDED JUNE 30, 2001 Revenues: Other revenue Total Revenues Expenditures: Community Development: Total Expenditures Excess (deficiency) of revenues over (under) expenditures Fund balances, (deficit) beginning of year Fund balances, (deficit) end of year SPECIAL REVENUE FUND Budget Acmal $97,739 97,739 108,491 108,491 Variance Favorable (Unfavorable) $109,000 109,000 109,000 109,000 ($11,261) (11,261) (sog) (s09) (66,662) ($66,662) (10,752) (66,662) ($66,662) (10,752) CUPERTINO REDEVELOPMENT AGENCY Notes to Component Unit Financial Statements [ NOTE 1 - SIGNIFICANT ACCOUNTING POLICIES I Description of the Cupertino Redevelopment Agency - The Cupertino Redevelopment Agency (Agency) was created under the provisions of the California Health and Safety Code for the purpose of rehabilitating property considered to be in a blighted condition. Agency operations are also financed by proceeds from City advances and developers' reimbursements. The Agency is in a start up phase and had not established a project area as of June 30, 2001. The Agency is a separate legal entity governed by the City Council sitting in a separate capacity as the Redevelopment Agency Board. City staff perform all admimstrative, accounting, management and budgeting functions. Because of the control the City exercises over Agency operations, the Agency is considered a component unit of the City and is included in the City's general propose financial statements. Description of Funds and Account Group - The accounts of the Agency are organized on the basis of funds and account groups, each of which is considered a separate accounting entity. The operations of each fund are accounted for with a separate set of self-balancing accounts which comprise its assets, liabilities, fund equity, revenues and expenditures. The Agency uses the following funds: GOVERNMENTAL FUND TYPES The Special Revenue Fund is used to account for the proceeds of specific revenue sources (other than major capital projects) that are legally restricted to expenditures for specific purposes. Basis of accounting refers to when revenues and expenditures are recognized in the accounts and reported in the component unit financial statements. Basis of accounting relates to the timing of the measurements made, regardless of the measurement focus applied. Governmental fund types are accounted for using the modified accrual basis of accounting, under which revenues are recognized when received, or accrued when they become available and measurable as net current assets. Expenditures are recognized when the related fund liability is incurred. Revenues susceptible to accrual consist principally of incremental property taxes and interest. Budgets and Budgetary Accounting - The Agency operates under the general laws of the State of California and follows the budgetary process of the City. Annually, the Board adopts a budget effective July 1 for the ensuing fiscal year. From the effective date of the budget, which is adopted and controlled at the Agency level, the amounts stated therein as proposed expenditures become appropriations. The Board may amend the budget by resolution during the fiscal year. All appropriations lapse at year end. Encumbrance accounting is employed as an extension of the budgetary process. Under encumbrance accounting, purchase orders, contracts, and other commitments for expenditures are recorded in order to reserve that portion of the applicable appropriation. Encumbrances outstanding at year-end are recorded as reservations of fund balance because they do not constitute expenditures or liabilities, and are automatically reappropriated the following year. Unencumbered and unexpended appropriations lapse at year-end. CUPERTINO REDEVELOPMENT AGENCY Notes to Component Unit Financial Statements NOTE 1 - SIGNIFICANT ACCOUNTING POLICIES (Continued) Property Tax Levy, Collection and Maximum Rates - Article XIII of the Califomia Constitution provides for a maximum general property tax rate of $1.00 per $100 of assessed value, which may be adjusted by no more than two percent per year unless the property is sold or transferred, in which case it is reassessed at market value. The State Legislature has determined the method of distribution of property tax receipts among the counties, cities, school districts and other special districts. Santa Clara County assesses properties, bills for and collects property taxes on the following schedule: Secured Unsecured Valuation date January 1 January 1 Lien/levy date January 1 January 1 November 1 July 31 Due dates February 1 December 10 August 31 Delinquent as of April 10 Property taxes levied are recorded as revenues and receivables in the fiscal year of levy. Non-exchange transactions, in which the Agency gives or receives value without directly receiving or giving equal value in exchange, include property taxes, grants, entitlements, and donations. On an accrual basis, revenue from property taxes is recognized in the fiscal year for which the taxes are levied. Revenue from grants, entitlements, and donations is recognized in the fiscal year in which all eligibility requirements have been satisfied. NOTE 2 - CASH AND INVESTMENTS The Agency's cash is included in a City-wide cash and investments pool, the details of which are presented in the City's general purpose financial statements. The City's investment policy and the California Government Code permit investments in obligations of the U.S. Treasury and its agencies, obligations of the State of California, commercial paper, banker's acceptances, repurchase agreements, certificates of deposit, negotiable certificates of deposit, medium term notes, passbook savings account demand deposits, bonds issued by the City, money market funds, and the State of California Local Agency Investment Fund. INOTE 3 - ADVANCE FROM THE CITY As part of the formation of the Redevelopment Agency project area, the General Fund of the City advanced the Agency $103,000 as of June 30, 2001. Included in this advance is $25,775 which will be allocated to low and moderate housing. This obligation is expected to be repaid from tax increment revenue once the project area is formed. NOTE 4 - DEVELOPER'S AGREEMENT I The Agency has an agreement with the developer in which the developer agreed to pay for costs associated with the formation of the Vallco Fashion Park Shopping Center Redevelopment Project. In fiscal 2000 the developer reimbursed the Agency $97,739. 6 CUPERTINO REDEVELOPMENT AGENCY Notes to Component Unit Financial Statements NOTE 5 - CONTINGENCY On January 31, 2002 the Agency settled a suit challenging the formation of a project area. Under Califomia Redevelopment Law, agencies are only required to deposit twenty percent of the total tax increment received into a low and moderate income housing fund. However, the settlement requires the Agency to deposit twenty-five percent of the total tax increment into the housing fund. This Page Left Intentionally Blank i AAZ & SSOClA TES ACCOUNTANCY CORPORATION 1931 San Miguel Drive - Suite 100 Walnut Creek, California 94596 (925) 930-0902 · FAX (925) 930-0135 E-Mail: maze@mazeassociates, com Website: www. mazeassociates, com REPORT ON COMPLIANCE AND ON INTERNAL CONTROL OVER FINANCIAL REPORTING BASED ON AN AUDIT OF FINANCIAL STATEMENTS PERFORMED IN ACCORDANCE WITH GO VERNMENT AUDITING STANDARDS Members of the Governing Board Cupertino Redevelopment Agency Cupertino, California We have audited the financial statements of the Cupertino Redevelopment Agency as of and for the year ended June 30, 2001, and have issued our report thereon dated October 12, 2001. We conducted our audit in accordance with generally accepted auditing standards and the standards applicable to £mancial audits contained in Government Auditing Standards, issued by the Comptroller General of the United States. Compliance As part of obtaining reasonable assurance about whether the Agency's financial statements are free of material misstatement, we performed tests of its compliance with certain provisions of laws, regulations, contracts and grants, noncompliance with which could have a direct and material effect on the determination of financial statement mounts. Those provisions include provisions of laws and regulations identified in the Guidelines for Compliance Audits of California Redevelopment Agencies, issued by the State Controller. However, providing an opinion on compliance with those provisions was not an objective of our audit and, accordingly, we do not express such an opinion. The results of our tests disclosed no instances of noncompliance that are required to be reported under Government Auditing Standards. Internal Control Over Financial Reporting In planning and perform/ng our audit, we considered the Agency's internal control over financial reporting in order to determine our auditing procedures for the purpose of expressing our opinion on the financial statements and not to provide assurance on the internal control over financial reporting. Our consideration of the internal control over financial reporting would not necessarily disclose all matters in the internal control over financial reporting that might be material weaknesses. A material weakness is a condition in which the design or operation of one or more of the internal control components does not reduce to a relatively low level the risk that misstatements in amounts that would be material in relation to the fmancial statements being audited may occur and not be detected within a timely period by employees in the normal course of performing their assigned functions. We noted no matters involving the internal control over financial reporting and its operation that we consider to be material weaknesses. This report is intended for the information of the Agency Board, management and the State Controller's office. However, this report is a matter of public record and its distribution is not limited. March 19, 2002 9 A Professional Corporation This Page Left Intentionally Blank