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CC 06-07-05 ¡, (lIT OF CUPEIQ1NO DRAFT MINUTES CUPERTINO CITY COUNCIL Regular Meeting Tuesday, May 17,2005 PLEDGE OF ALLEGIANCE At 6:05 p.m. Mayor Kwok called the meeting to order in the Council Chamber, 10350 Torre Avenue, Cupertino, California, and led the Pledge of Allegiance. ROLL CALL City Council members present: Mayor Patrick Kwok, Vice-Mayor Richard Lowenthal, and Council members, Sandra James, Dolly Sandoval, and Kris Wang. Council members absent: none. CLOSED SESSION 1. Pending litigation - Government Code Section 54956.9(a), City of CUPertino vs. Ole Rasmussen. and negotiations for purchase, sale, exchange, or lease of real property - Government Code Section 54956.8, assigmnent of Blue Pheasant Restaurant to Hungry Jack's Restaurant Corporation, consultation with the City Attorney, the City Manager, and the Director of Parks and Recreation. (No documentation in packet). 2. Negotiations for purchase, sale, exchange, or lease of real property - Goyernment Code Section 54956.8 regarding the De Anza Cupertino Aquatics (DACA) lease. (No documentation in packet). At 6:07 p.m., Council recessed to a closed session. At 6:59 p.m. Council reconvened in the Council Chamber, 10350 Torre Avenue, . Cupertino, California, and City Attorney Chuck Kilian reported that in regards to item number 1, no decision was made. Council agreed to meet in closed session before item number 16, if needed. In regards to item number 2, direction was given to the City's representatiye to proceed along the lines discussed in closed session. PLEDGE OF ALLEGIANCE At 7:00 p.m. Mayor Patrick Kwok led the Pledge of Allegiance. 3-1 May 17,2005 Cupertino City Council Cupertino Redeyelopment Agency Page 2 ROLL CALL City Council members present: Mayor Patrick Kwok, Vice-Mayor Richard Lowenthal, and Council members, Sandra James, Dolly SandoYal, and Kris Wang. Council members absent: none. CEREMONIAL MATTERS - PRESENTATIONS Mayor Kwok presented a proclamation to Assistant Director of Public Works Bob Rizzo, in recognition of Public Works Week. 3. Presentation regarding phase 3 of the fund-raising campaign of the Housing Trust of Santa Clara County. Their goal is to raise matching funds oyer the next three years totaling approximately $10 million, to provide a thousand families each year with housing. Linda Mandolini, Vice-Chair of the Board of Directors of the Housing Trust of Santa Clara County, gaye a PowerPoint presentation regarding their fund-raising campaign titled, "Affordable Homes for Silicon Valley Families." She thanked Council for its previous donation to the Housing Trust, and asked Council again for its support. Shiloh Ballard from the Silicon Valley Leadership Group spoke on behalf of Carl Guardino, member of the Board of Directors of the Housing Trust of Santa Clara Valley. She said that housing is the top impediment to doing business in Silicon Valley, and asked Council for its support for the Housing Trust. Taylor Dial, Executiye Director of the Housing Trust of Santa Clara County, answered questions from Council regarding how the money is used in Cupertino to help homeowners. POSTPONEMENTS - None WRITTEN COMMUNICATIONS - None ORAL COMMUNICATIONS - None CONSENT CALENDAR JameslLowenthal moyed and seconded to approve the items on the Consent Calendar as recommended, except for item numbers 4 and 7, which were pulled for discussion. Vote: Ayes: Kwok, Lowenthal, SandoYal, Wang, James. Noes: None. Absent: None. 5. Adopt resolutions accepting Accounts Pavable for April 22, 29, and May 6, Resolution Nos. 05-079 to 05-081. 3-2 May 17,2005 Cupertino City Council Cupertino Redevelopment Agency Page 3 6. Adopt a resolution accepting Payroll for May 6, Resolution No. 05-082. 8. Approye application for an Alcoholic Beyerage License for Flames Coffee Shop and Bakery. 10630 S. De Anza Blyd. 9. Adopt a resolution declaring brush growing on certain described properties to be a public nuisance and set a hearing for June 7 for objections to proposed removal, Resolution No. 05-083. 10. Adopt a resolution approving a Grant of Easement, roadway, for Amelia InYestments. 10578 San Leandro Ayenue, APN 357-05-046, Resolution No. 05-084. II. Adopt a resolution approving an Improyement Agreement with Amelia Inyestments, 10578 San Leandro AYenue, APN 357-05-046, Resolution No. 05-085. 12. Accept Municipal Improvements for Stevens Creek Office Center Associates. LP, 20807 Steyens Creek Boulevard, APN 326-32-051. (No documentation in packet). ITEMS REMOVED FROM THE CONSENT CALENDAR (above) 4. Approve the minutes from the May 3 City Council meeting. Lowenthal/James moyed and seconded to approye the minutes with the following amendments: page 4, item number 14, 2nd paragraph should read, "The applicant's representative, Jimbo Schwalb"; page 5, item number 20, 1st paragraph should refer to opening remarks made by Greg Zlotnick, Board Director for the SCVWD; page 7, item number 23, 1st paragraph change "suggestions to stat!" to "direction to staff"; and page 8, item number 26, I st paragraph should read, "Council directed staff to notifY the Planning Commission, and to come back to council for discussion." 7. Accept the Treasurer's Inyestment and Budget Report for March 2005. (lbis item was continued from 5/3/05). Wang/James moyed and seconded to remove the "percentage of budget" information from the report, and moved that the trend analysis be expanded to explain all variations in reyenue and expenditures. In addition, information shall be added to the budget summary report to denote salary and benefit savings from the selective hiring freeze in order to inform readers that the city is monitoring the reyenue versus expenditure deficit and to denote one of the primary ways the city is dealing with the issue. The motion carried unanimously. 3-3 May 17,2005 Cupertino City Council Cupertino Redevelopment Agency Page 4 PUBLIC HEARINGS 13. Conduct a public hearing to consider the City of Cuoertino's Hazard Mitigation Strategies; review and approye the list of Hazard Mitigation Strategies to be included in the Association of Bay Area Goyernment (ABAG) Hazard Mitigation Plan being submitted to the State of California and the Federal Emergency Management Agency (FEMA). Emergency Preparedness Coordinator Marsha Hoyey reviewed the staff report. At 7:35 p.m., Mayor Kwok opened the public hearing. No speakers were heard, and Mayor K wok closed the public hearing. lameslSandoyal moyed and seconded to approye the listed strategies as recommended by staff, and directed staff to amend the language, if necessary, regarding the definition of actiye faults, and whether or not threats of wildfires, flooding, and landslides pose a large risk to the City. The motion carried unanimously. 14. Conduct a public hearing regarding the Blue Pheasant Restaurant. Application Nos. U- 2005-05, GPA-2oo5-02, Z-2oo5-03, and EA-2005-04, 22100 Stevens Creek Blyd., APN 357-10-007. (The Planning Commission recommends denial of all items, including the Negatiye Declaration): a) Consider adopting a Negative Declaration b) Consider a Use Permit for a restaurant, bar, and nightclub c) Consider adopting a resolution adopting a General Plan Amendment to change the land use designation from Parks to Commercial to accommodate an existing restaurant, bar and nightclub, Resolution No. 05-086 d) Consider the rezoning of a two-acre parcel from Public Park or Recreation (PR) to Planned Commercial (p-Com): e) First reading of Ordinance No. 1962: "An Ordinance of the City Council of the City of Cupertino Rezoning a Two-Acre Parcel From Public Park or Recreation (PR) to Planned Commercial (P-COM)." Community DeYe!opment Director Steve Piasecki reviewed the staff report using PowerPoint slides, highlighting neighborhood issues of parking, noise, and mitigation steps proposed by the prospectiye new owner. Council discussed parking issues and the definition of closing time. Council asked staff to take into consideration all the uses of the parking lot when the time comes to bring a plan back to Council for re-striping. 3-1 May 17,2005 Cupertino City Council Cupertino Redeyelopment Agency Page 5 Mike Tsacres, applicant and prospective new owner, explained how the rnitigation steps would be implemented and enforced to eliminate neighborhood concerns about parking and noise. At 8: II p.m., Mayor Kwok opened the public hearing. The following individuals spoke in opposition to the application: Sunil Malkani, Clearwood Ct. Art Robertson, Oakdell PI. MaJjan Kashyad, Phar Lap Dr. (distributed petition and "letter of concern" fÌom residents) Albrecht Schoy, Phar Lap Dr. George Carapiet, Phar Lap Dr. John Chang, Oakdell PI. Marianne Klinkowski, Phar Lap Dr. Webster Meier, Byrne AYe. Their comments included the following: Concern about parking issues; broken bottles and other trash in the neighborhood; noise fÌom the restaurant and in the neighborhood; safety; a public trust issue with the City wanting to rezone; no recourse after the zoning is approyed. At 8:31 Mayor Kwok closed the public hearing. Council members comments included the following: The restaurant should be for the community; a nightclub doesn't belong in a residential neighborhood; let the courts decide the situation with the previous owners; stand by the yoters to keep the land zoned for parks and recreation; closing the restaurant at midnight with restrictions is better than closing at 11:00 p.m. without restrictions; the business isn't a problem, but don't want to rezone to commercial in a residential neighborhood; the parking spaces are not really being expanded, they are just being legitimized; wait until the General Plan is in place before any rezoning is done. JamesIWang moyed and seconded to deny the application. The motion carried unanimously. UNFINISHED BUSINESS 15. Approye the Community Special Eyents policy at the Civic Center Plaza. Parks and Recreation Director Therese Smith reviewed the staff report. City Attorney Charles Kilian summarized the pros and cons to having for-profit business use the space. J- 5" May 17,2005 Cupertino City Council Cupertino Redevelopment Agency Page 6 Resident Dennis Whittaker talked about parking issues, and suggested tabling the issue for now until the condominiums are filled. Lowenthal/James moyed and seconded to revise the language to limit the use to non- profit organizations, and to address library parking issues to ensure adequate parking when the library is open. Council also directed staff to notifY residents ahead of time when festiyals are occurring, and that there may be parking and traffic issues. The motion carried unanimously. NEW BUSINESS 16. Review and approye the amendment of the Blue Pheasant Lease. (No documentation in packet). This item was no longer necessary. 17. Review and approve changes to the Massage Ordinance and intemal procedures to enhance communication during permit processing and recognize different modalities related to massage: a) Conduct the first reading of Ordinance No. 1%3: "An Ordinance of the City Council of the City of Cupertino Amending Chapter Sections 9.06.110 B3 and 9.06.120 of the Cupertino Municipal Code relating to Massage Establishments and Services." Code Enforcement Officer Gary Komahrens reviewed the staff report. The Deputy City Clerk read the title of Ordinance No. 1963. Lowenthal/James moyed and seconded to read the ordinance by title only, and that the Deputy City Clerk's reading would constitute the first reading thereof. Council directed staff to have a back-up doctor available when Dr. Roth was unavailable. The motion carried unanimously. 18. Consider canceling the July 5 City Council meetinll for lack of quorum. (No documentation in packet). WangILowenthal moyed and seconded to cancel the meeting of July 5 for lack of quorum. ORDINANCES - None J-ç, May 17,2005 Cupertino City Council Cupertino Redevelopment Agency Page 7 STAFF REPORTS 19. Receiye status report on General Fund Reyenue and Exœnditures. (No documentation in packet). Director of Administrative Services Carol Atwood reported the following: Sales tax revenue is $300,000 oyer budget projection mostly due to Apple Computer, and the other sales tax producers are flat; property tax is at budget; transient occupancy tax is up 7.9%; utility user tax is down; franchise fees are at budget; business licenses and construction taxes are consistent with last year; the City's investment portfolio interest income is down due to the library project; one of the Oak Valley lots is in escrow which will bring in $1.2 million, and all 3 lots will be on the market shortly; operating expenses are below budget mostly due to yacancies in departments; and park in lieu fees are at budget. 20. The next General Plan hearing is scheduled for May 24, at 6:45 p.m. in the City Council Chamber of the Cupertino Community Hall. At its May 10 meeting, the Planning Commission discussed the remaining General Plan schedule. (Staff report included in packet). Community Development Director Steye Piasecki reviewed the staffreport. Planning Commissioner Marty Miller said that the commission has been working actiyely for 4 months, holding extra meetings, but a full calendar of new applications and being short-staffed in the Planning Department has slowed them down. He asked Council to give the commission enough time to put out a quality product. The following individuals spoke in opposition to moving too quickly through the schedule to adopt the General Plan: Ned Britt, Pt;I'¡)eltree Ln. Rusty Britt, Peppertree Ln. Dennis Whittaker, resident Tom Hugunin, La Roda Ct. Their comments included: a brief history of the General Plan Task Force; concern oyer the minority report having equal weight with the majority report; urging Council not to accept the staff version; the whole process should be reviewed; wait until after the Noyember election to formulate a new General Plan; the plan is now a 20-year plan rather than a 10-year and the Planning Commission should haye time to do its job right; greater emphasis should be placed on retail instead of housing because retail brings in more money for the City. Steye Piasecki clarified the statement of the General Plan being a 20-year plan. He said that the General Plan provides a 20-year horizon, but that the law says to review the General Plan eyery 10 years. 3-7 May 17,2005 Cupertino City Council Cupertino Redevelopment Agency Page 8 SandoyallJames moved and seconded to give the Planning Commission an end date of June 28, and directed staff to provide Council with background information at its July 19 meeting. Kris Wang offered a friendly amendment to haye the Planning Commission finish its discussion before July 19 and to have the Council start its introduction on July 19. Sandoval did not accept the amendment. Mayor Kwok seconded the amendment. The motion to accept the amendment failed. Council yoted on the original motion for an end date of June 28, with background information to be giyen to the City Council on July 19. Vote: Ayes: Lowenthal, Sandoyal, James. Noes: Kwok and Wang. Absent: None. COUNCIL REPORTS Council members highlighted the activities of their committees and yarious community events. ADJOURNMENT At 11:13 p.m. the meeting was adjourned to Thursday, May 26 at 5:00 p.m. for Teen Commission interviews. and Fine Arts Commission unscheduled yacanCY interviews. City Hall Conference Room A, 10300 Torre Ayenue. Grace Schmidt, Deputy City Clerk For more information: Staff reports, backup materials, and items distributed at the meeting are ayailable for review at the City Clerk's Office, 777-3223, and also on the Internet at www.cupertino.org.Click on Agendas & Minutes/ City Council! Packets. Most Council meetings are shown liye on Cable Channel 26, and are available at your convenience from our web site. Visit www.cupertino.org and click on Watch Meetings. Videotapes are ayailable at the Cupertino Library, or may be purchased from the Cupertino City Channel, 777-2364. 3-f I CUPEIQ1NO DRAFT MINUTES CUPERTINO CITY COUNCIL Regular Adjourned Meeting Thursday, May 26, 2005 ROLL CALL At 5:04 p.m. Mayor Kwok called the meeting to order in City Hall Conference Room A, 10300 Torre AYe., Cupertino, CA. City Council members present: Mayor Patrick Kwok, Vice-Mayor Richard Lowenthal, and Council members Dolly Sandoyal and Kris Wang. Council members absent: Sandra James. Staff present: City Manager David Knapp, Deputy City Clerk Grace Schmidt, and Administratiye Clerk Karen B. Guerin, for the Fine Arts interviews. INTERVIEWS I. Interview applicants for one unscheduled yacancy on the Fine Arts Commission. Council interviewed 3 applicants for the yacancy, and appointed Robert Harrison to a partial term ending January 2007. 2. Interview applicants for the Teen Commission. Council interviewed 25 teens from grades eight through twelye. The following 7 indiyiduals were appointed to 2-year terms: Diane Keng Cordelia Jiang Vrinda Gupta Benjamin Lin Natasha Pradhan Rukmani Sahay Ana Yglesias Apoorva Rajagopal (senior and will serve only one year) Council concurred to amend Resolution No. 04-405 to change the wording regarding the appointment of Teen Commission members, and asked staff to prepare a revised resolution for the next meeting. ]-1 May 26, 2005 Cupertino City Council Page 2 ADJOURNMENT At 8:05 p.m. the meeting was adjourned to Thursday, June 2 at 6:45 p.m. for a budget study session, Council Chamber 10350 Torre Ayenue, Cupertino. Grace Schmidt, Deputy City Clerk 3-1 D DRAFT RESOLUTION NO. 05-087 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 13,2005 WHEREAS, the Director of Administrative Services or her designated representative has certified to accuracy of the following claims and demands and to the availability of funds for payment hereof; and WHEREAS, the said claims and demands have been audited as required by law. NOW, THEREFORE, BE IT RESOLVED, that the City Council hereby allows the following claims and demands in the amounts and from the funds as hereinafter set forth in Exhibit "A". CERTIFIED: D~(!'~ lrector 0 mlnJstratJve ervlces PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this ~day of June ,2005, by the following vote: Vote Members of the City Council AYES: NOES: ABSENT: ABSTAIN: ATTEST: APPROVED: City Clerk Mayor, City of Cupertino '-(-I {!JL OS/12/05 CITY OF CUPERTINO PAGE 1 ACCOUNTING PERIOD: nics CHECK REGISTER - DISBURSEMENT FUND SELECTION CRITERIA: transact . trans date between "05/09/2005" and "os/n/2oos" FUND - 110 - GENERAL FUND CASH ACCT CHECK NO ISSUE DT ____~_________VENDOR------------- FUND/DEPT -~~--DESCRIPTION------ SALES TAX AMOUNT 1020 617844 05/09/05 1647 U S POSTMASTER 1107302 COMM.DBV. POSTCARDS 0.00 5114.64 1020 617847 os/u/os 511 saC/Mcr 1107301 #731-7142 APR 200S 0.00 278 .39 1020 617847 05/13/05 511 saC/Mcr 1101200 731-7142 APR 2005 0.00 92 .BO 1020 617847 05/13/05 511 SSC/Mcr 1107"302 731-7142 APR ZOOS 0.00 61 .86 1020 617847 05/13/05 511 SSC/Mcr 1108504 731-7142 APR 2005 0.00 123 .73 1020 617847 05/13/05 511 SSC/Mcr 1107501 731-7142 APR 2005 0.00 402 .12 1020 617647 05/13/05 511 sse/Mcr 1107502 731-7142 APR 2005 0.00 30 .93 1020 617847 05/13/05 511 SBC/Mcr 1107503 731-7142 APR 2005 o. 00 123 .73 1020 617847 05/13/05 511 SBC/MC! 1108001 731-7142 APR 2005 O. 00 154. 66 1020 617847 05/13/05 511 SBC/Mcr 1108101 731-7142 APR 2005 .00 292.54 1020 617847 05/13/05 511 SBC/Mcr 1108102 731-7142 APR 2005 0 .00 30.93 1020 617847 05/13/05 511 SBC/Mcr 1106265 731-7142 APR 2005 0 .00 92.80 1020 617847 05/13/05 511 SBC/Mcr 1108501 731-7142 APR 2005 O. 00 693.10 1020 617847 05/13/05 511 SBC/Mcr 1108503 731-7142 APR 2005 0 .00 79B .38 1020 617847 05/13/05 511 SBC/Mcr 1108507 731-7142 APR 2005 0 .00 61. B6 1020 617847 05/13/05 511 SBC/Mcr 5606620 731-7142 APR 2005 O. 00 309.32 1020 617847 05/13/05 511 SBC/Mcr 5706450 731-7142 APR 2005 0 .00 371.18 1020 617847 05/13/05 511 SBC/Mcr 1108601 731-7142 APR 2005 0.00 92.80 1020 617847 05/13/05 511 SBC/Mcr 1108602 731~7142 APR 2005 o. 00 123 .73 1020 617847 05/13/05 511 SBC/Mcr 5208003 731-7142 APR 2005 O. 00 30 .93 1020 617847 05/13/05 511 SBC/Mcr 2308004 731-7142 APR 2005 0 .00 30 .93 1020 617847 05/13/05 511 SBC/Mcr 5708510 731-7142 APR 2005 O. 00 142 .4' 1020 617847 05/13/05 511 SBC/Mcr 1108201 731-7142 APR 2005 0 .00 214 .25 1020 617847 05/13/05 511 SBC/Mcr 6104800 731-7142 APR 2005 0.00 587.71 1020 617847 05/13/05 511 SBC/Mcr 5606620 731-7142 APR 2005 o. 00 154. 66 1020 617847 05/13/05 511 SBC/Mcr 5606640 731-7142 APR 2005 O. 00 30. 93 1020 617847 05/13/05 511 SBC/Mcr 1107301 731-7142 APR 2005 0.00 61 .86 1020 617847 05/13/05 511 SBC/Mcr 1106647 731-7142 APR 2005 0.00 278.39 1020 617847 05/13/05 511 SBC/Mcr 1108511 731-7142 APR 2005 0.00 61. B6 1020 617847 05/13/05 511 SBC/Mcr 1108504 731-7142 APR 2005 0.00 30 .21 1020 617847 05/13/05 511 SBC/Mcr 1108513 731-7142 APR 2005 0 .00 105.00 1020 617847 05/13/05 511 SBC/Mcr 1108407 731-7142 APR 2005 O. 00 14.44 1020 617847 05/13/05 511 SBC/Mcr 1106500 731-7142 APR 2005 0.00 371.18 1020 617847 05/13/05 511 SBC/Mcr 1106529 731-7142 APR 2005 0 .00 30 .93 1020 617847 05/13/05 511 SBC/Mcr 1106265 731-7142 APR 2005 O. 00 61. B6 1020 617847 05/13/05 511 SBC/Mcr 1106265 731-7142 APR 2005 O. 00 494. 91 1020 617847 05/13/05 511 SBC/Mcr 1106100 731-7142 APR 2005 0.00 92.80 1020 617847 05/13/05 511 SBC/Mcr 1106265 731-7142 APR 2005 0.00 216. 52 1020 617847 05/13/05 511 SBC/Mcr 1104400 731-7142 APR 2005 O. 00 92 . Be 1020 617847 05/13/05 511 SBC/MC! 1104530 731·7142 APR 2005 0 .00 216 .52 1020 617847 05/13/05 511 SBC/Mcr 1106647 731-7142 APR 2005 0 .00 30 . 93 1020 617847 05/13/05 511 SBC/Mcr 1104510 731-7142 APR 2005 O. 00 185.59 1020 617847 05/13/05 511 SBC/Mcr 1104200 731-7142 APR 2005 0.00 92 . BO 1020 617847 05/13/05 511 SBC/Mcr 1104100 731-7142 APR 2005 0.00 185. 59 1020 617847 05/13/05 511 SBC/Mcr 1104000 731-7142 APR 2005 0.00 92 . Be 1020 617847 05/13/05 511 SBC/Mcr 1103500 731-7142 APR 2005 0.00 92 .BO 1020 617847 05/13/05 511 SBC/Mcr 1103300 731 ~ 7142 APR 2005 0.00 61. B6 1020 617847 05/13/05 511 SBC/Mcr 1104300 731-7142 APR 2005 0.00 275.76 1020 617847 05/13/05 511 SBC/Mcr 1101500 731-7142 APR 2005 0.00 340.25 1020 617847 05/13/05 511 SEC/Mcr 1102100 731-7142 APR 2005 0.00 154.66 RUN DATB 05/12/05 TrME 07:21:37 - FINANCIAL ACCOUNTING 4-.)... 05/12/05 ACCOUNTING PERIOD: 11/05 CITY OF CUPERTINO CHECK REGISTER - DISBURSEMENT FUND SELECTION CRITERIA: transact. trans date between "05/09/2005" and "05/13/2005" FUND - 110 - GENERAL FUND CASH ACCT CHECK NO 1020 1020 TOTAL CHECK 1020 1020 H20 1020 TOTAL CHECK 1020 1020 1020 1020 1020 1020 TOTAL CHECK 1020 1020 1020 1020 1020 1020 1020 1020 1020 TOTAL CHECK 1020 1020 1020 1020 TOTAL CHECK 1020 1020 1020 617847 617847 617848 617849 617850 617850 617851 617852 617853 617854 617854 617854 617855 617856 617857 617858 617859 617859 617859 617859 617859 617860 617861 617862 617862 617863 617864 617865 ISSUE DT ---------~----VENDOR------------- FUND/DEPT 05/13/05 05/13/05 511 511 SBC/MCI SBC/MCI 3M A-1 FENCE, INC. ABAG PLAN CORPORATION ABAG PLAN CORPORATION ABBEY CARPETS AIRGAS NCN LYNNE DIANE AITKEN ALHAMBRA ALHAMBRA ALHAMBRA 1107200 1101000 2708405 1108303 1104540 1104540 4209228 1108303 5806449 1104510 1104510 1106265 AMC MEDIA CORPORATION ALL CITY MANAGEMENT SERV 1108201 1108601 AMERIGAS AQUA TEMP COMPANY ARCH WIRELESS ARCH WIRELESS ARCH WIRELESS ARCH WIRELESS ARCH WIRELESS 5606620 5606620 1104400 1106265 1108501 1108602 1104400 BAKER III, FOREST ASTRO EVENTS OF SAN JOSE 5806349 560 BALANCE HYDROLOGICS INC BALANCE HYDROLOGICS INC BERGERON, SANDRA BURKE, NAOM I 5609112 5609112 5ao CALIFORNIA HYDRONICS COR 1108312 560 RUN DATE 05/12/05 TIME 07:21:37 05/13/05 1695 05/13/05 2259 05/13/05 7 05/13/05 "1 05/13/05 3298 05/13/05 28 05/13/05 29 05/13/05 05/13/05 05/13/05 2276 2276 2276 05/13/05 2319 05/13/05 2725 05/13/05 2676 05/13/05 3180 05/13/05 05/13/05 05/13/05 05/13/05 05/13/05 2298 2298 2298 2298 2298 05/13/05 1287 05/13/05 M 05/13/05 05/13/05 3242 3242 05/13/05 M 05/13/05 M 05/13/05 2779 -----DESCRIPTION~----- 731-7142 APR 2005 731-7142 APR 2005 SUPPLIES MCCLELLAN RD FENCE REP KEYARTS GL055259 FINAL/KEYARTS LABOR AND MATERIALS TO FY 2004-2005 OPEN PURC SERVICE AGREEMENT FOR 424135440 BOTTLE WTR 424139947 BOTTLE WTR 432369023 DRINK.WTR. CROSSING GUARDS MAY05 BIKE BOOKS 17393 PROPANE POOL HEATER SERVICE 5/02-6/02 5/02-6/02 5/02-6/02 5/02-6/02 S/02~6/02 ASTROJUMP RENTAL 4/18 Refund: Check - SUMMER SERVICE SERVICE 2/20-3/19/05 1/23-2/19/05 Refund: Check - SPRING Refund: Check - SPRING PUMP 27517 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 2 AMOUNT 92.80 185.58 9247.43 6411.08 3200.00 1338.75 40000.00 41338.75 3035.89 46.33 330.00 224.69 84.05 65.41 374.15 7786.89 95.00 192 .44 766.00 18.63 61.00 40.13 44.69 66.44 230.89 100.00 750.00 1637.56 3406.50 5044.06 599.00 99.00 58.66 - FINANCIAL ACCOUNTING L(-J 05/12/05 CITY OF CUPERTINO PAGE 3 ACCOUNTING PERIOD: 11/05 CHECK REGISTER - DISBURSEMENT FUND SELECTION CRITERIA: transact . trans date between "05/09/2005" and "05/13/2005" FUND - 110 - GENERAL FUND CASH ACCT CHECK NO ISSUE DT --------------VENDOR------------- FUND/DEPT -----DESCRIPTION------ SALES TAX AMOUNT 1020 617866 05/13/05 M CALIXTO, JOYCE 580 Refund: check - Return 0.00 750.00 1020 617867 05/13/05 147 CASH 5506549 P.CASH 2/15-4/29 0.00 15.96 1020 617867 05/13/05 147 CASH 1106500 P.CASH 2/15-4/29 0 .00 50 .97 1020 617867 05/13/05 147 CASH 5506549 P.CASH 2/15-4/29 O. 00 14 .25 1020 617867 05/13/05 147 CASH 5506549 P.CASH 2/15-4/29 0 .00 177 . 05 TOTAL CHECK 0 .00 258 .23 1020 617868 05/13/05 149 CASH 1103300 P. CASH 4/28-5/09 O. 00 10.81 1020 617868 05/13/05 149 CASH 1103500 P. CASH 4/28-5/09 O. 00 2 .14 1020 617868 05/13/05 149 CASH 1104400 P. CASH 4/28-5/09 0.00 28. 10 1020 617868 05/13/05 149 CASH 1106100 P. CASH 4/28-5/09 0 .00 25 .65 1020 617868 05/13/05 149 CASH 2708405 P. CASH 4/28-5/09 0 .00 43 .91 1020 617868 05/13/05 149 CASH 1107200 P. CASH 4/28-5/09 0 .00 25 .00 1020 617868 05/13/05 149 CASH 1104510 P CASH 4/28-5/09 O. 00 31.55 1020 617868 05/13/05 149 CASH 1108201 P.CASH 4/28-5/09 0 .00 100 .00 1020 617868 05/13/05 149 CASH 1107301 P.CASH 4/28-5/09 O. 00 25 .00 TOTAL CHECK O. 00 292 .16 1020 617869 05/13/05 2646 CDW-G 1104300 PRINTER 15559 0.00 254.67 1020 617870 05/13/05 1820 CERIDIAN BENEFITS SERVIC 110 FSA MED/DEP CARE o. 00 36 .00 1020 617870 05/13/05 1820 CERIDIAN BENEFITS SERVIC 1104510 ADM FEE APRIL2005 O. 00 14 .00 TOTAL CHECK 0.00 50 .00 1020 617871 05/13/05 2626 CHANG, CHBN-YA 1103300 CLIPPING FEE APR2005 0.00 200.00 1020 617872 05/13/05 M CHOI, HANS 580 Refund: Check - SPRING 0.00 80.00 1020 617873 05/13/05 2000 CINTAS 1108201 FY 2004-2005 OPBN PURC 0.00 64 .53 1020 617873 05/13/05 2000 CINTAS 1108201 FY 2004-2005 OPBN PURC 0.00 64 .53 1020 617873 05/13/05 2000 CINTAS 1108201 FY 2004-2005 OPEN PURC O. 00 64 .53 1020 617873 05/13/05 2000 CINTAS 1108201 FY 2004-2005 OPEN PURC O. 00 64.53 TOTAL CHECK O. 00 258.12 1020 617874 05/13/05 166 KIMBERLY MARIE CLARK BUC 5806449 SERVICE AGREEMENT FOR 0.00 524.80 1020 617875 05/13/05 175 COCA-COLA USA 5606620 FOUNTAIN MACHINE SERV O. 00 21.70 1020 617875 05/13/05 175 COCA-COLA USA 5606620 FOUNTAIN MACHINE SERV 0 .00 21. 70 1020 617875 05/13/05 175 COCA-COLA USA 5606620 FOUNTAIN MACHINE SERV 0.00 21 .70 1020 617875 05/13/05 175 COCA-COLA USA 5606620 FOUNTAIN MACHINE SBRV 0.00 21 .70 1020 617875 05/13/05 175 COCA-COLA USA 5606620 FOUNTAIN MACHINB SBRV 0.00 21 .70 TOTAL CHECK 0.00 108 .50 1020 617876 05/13/05 2857 CONCUR 'NC 2159620 SBRVICE 4/01-4/30 0.00 34833.75 1020 617877 05/13/05 3332 CUPERTINO NATIONAL BANK 1101200 GIFT CHBCKS/EMPLOYEE 0.00 2571.25 1020 617878 05/13/05 "4 CUPBRTINO SUPPLY INC 1108314 FY 2004-2005 OPEN PURC 0.00 1839 .63 1020 617878 05/13/05 "4 CUPERTINO SUPPLY 'NC 5708510 FY 2004-2005 OPEN PURC 0.00 28 .66 RUN DATE 05/12/05 TIMB 07:21:37 - FINANCIAL ACCOUNTING 4-L( 05/12/05 ACCOUNTING PERIOD: 11/05 CITY OF CUPERTINO CHECK REGISTER - DISBURSEMENT FUND SELECTION CRITERIA: transact. trans date between "05/09/2005" and "05/13/2005" FUND - 110 - GENERAL FUND CASH ACCT CHECK NO 1020 1020 TOTAL CHECK 1020 1020 TOTAL CHECK 1020 1020 TOTAL CHECK 1020 1020 1020 1020 1020 1020 1020 1020 1020 TOTAL CHECK 1020 1020 1020 1020 1020 1020 1020 TOTAL CHECK 1020 1020 1020 TOTAL CHECK 1020 1020 617878 617878 617879 617879 617880 617880 617881 617882 617883 617884 617885 617886 617887 617888 617888 617889 617890 617891 617892 617892 617892 617892 617893 617893 617893 617894 617895 ISSUB DT --------------VENDOR------------- FUND/DEPT 05/13/05 05/13/05 05/13/05 2922 05/13/05 2922 05/13/05 05/13/05 05/13/05 214 05/13/05 1958 05/13/05 M 05/13/05 996 05/13/05 1376 05/13/05 2664 05/13/05 3083 05/13/05 05/13/05 05/13/05 1949 05/13/05 253 05/13/05 2619 05/13/05 05/13/05 05/13/05 05/13/05 05/13/05 05/13/05 05/13/05 05/13/05 3319 05/13/05 2843 19. 194 1838 1838 1434 1434 2361 2361 2361 2361 2361 2361 2361 CUPERTINO SUPPLY INC CUPERTINO SUPPLY INC 1108314 1108314 DAVE'S AUTO & FABRlCATIO 6309820 DAVE'S AUTO & FABRICATIO 1108303 DELL MARKETING L.P. DELL MARKETING L.P. 6104800 6109856 DISPENSING TECHNOLOGY DEPARTMENT OF TRANSPORTA 1108602 2708404 DONG, LILY DU - ALL SAFETY DUDLEY ACOUSTICS INC KATHLEEN DUTRA DYNAMIC GRAPHICS, INC. EDWARD S. WALSH CO. EDWARD S. WALSH CO. EVENT SERVICES EXCHANGE LINEN SERVICE GENEVIEVE FIRE FIRST BANKCARD FIRST BANKCARD FIRST BANKCARD FIRST BANKCARD FIRST BANKCARD FIRST BANKCARD FIRST BANKCARD FISHER, LYNN FOLGER GRAPHICS INC. RUN DATE 05/12/05 TIME 07:21:37 sso 1108201 1108501 5806449 1103600 1108503 2708404 1108503 5606620 2308004 1101000 1104300 1103300 1103300 5506549 550 5506549 1103400 1103400 -----DESCRIPTION------ FY 2004-2005 OPEN PURC FY 2004-2005 OPEN PURC TRAILERS #125 & #126 TRAILER REPAIR EXTENSION UPGRADE DELL LASERJET PRINTERS HP43 TRAFFIC SIGNAL SAFETY SUPPLIES A26697 Refund: Check - Return SAFETY CONSULT APROs SUPPLIES SERVICE AGREEMENT FOR LIQUID LIBRARY MAY05 SUPPLIES SUPPLIES RENTAL 4/1-4/30/05 FY 2004-2005 OPEN PURC SERVICE 2/01-4/30/05 APRIL 2005 STATEMENT APRIL 2005 STATEMENT APRIL 2005 STATEMENT APRIL 2005 STATEMENT APRIL 2005 STATEMENT APRIL 2005 STATEMENT APRIL 2005 STATEMENT TEXT EDITING SCENE BID REQUEST AND PRINT 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 4 AMOUNT 1272 .40 40.19 3180.88 11630.13 4408.19 16038.32 1405.52 23581.16 24986.68 193.60 255.32 300.00 1450.00 119.25 660.00 79.00 53.20 61. 46 114.66 162.38 190.69 1.805.00 1.62.38 150.00 487.95 500.08 1300.41. 19.46 1200.00 1094.00 2313.46 360.00 2754.99 - FINANCIAL ACCOUNTING L( - S- 05/U/05 ACCOUNTING PERIOD; 11/05 CITY OF CUPERTINO CHECK REGISTER - DISBURSEMENT FUND SELECTION CRITERIA: transact. trans_date between ~05/09/2005" and "05/1-3/2005" FUND - 110 - GENERAL FUND 1020 CASH ACCT CHECK NO 617896 1020 1020 1020 1020 1020 1020 1020 1020 1020 1020 1020 1020 1020 1020 1020 TOTAL CHECK 1020 1020 1020 1020 1020 1020 1020 1020 1020 1020 TOTAL CHECK 1020 1020 1020 TOTAL CHECK 1020 1020 1020 1020 TOTAL CHECK 1020 1020 1020 1020 1020 1020 617897 617898 617898 61789B 617898 617898 617898 61789B 617898 617B9B 617898 61789B 61789B 617B9B 61789B 617B99 617B99 617B99 61-7899 617899 617899 617899 617899 617899 617899 617900 617901 617901 617902 617903 617903 617903 617904 617904 617904 617904 617904 617904 05/13/05 268 ISSUE DT -~------------VENDOR---------~~~- FUND/DEPT FOSTER BROS SECURITY SYS 1108501 05/13/05 274 05/13/05 05/13/05 05/13/05 05/13/05 05/13/05 05/13/05 05/13/05 05/13/05 05/13/05 05/13/05 05/13/05 05/13/05 05/13/05 05/13/05 05/13/05 05/13/05 05/13/05 05/13/05 05/13/05 05/13/05 05/13/05 05/13/05 05/13/05 05/13/05 05/13/05 1766 05/13/05 05/13/05 05/13/05 315 05/13/05 05/13/05 05/13/05 05/13/05 334 05/13/05 334 05/13/05 334 05/13/05 334 05/13/05 334 05/13/05 334 281 281 281 281 281 281 281 281 281 281 281 281 281 281 292 298 298 298 298 298 292 292 298 298 2630 2630 3026 3026 3026 FRY'S ELECTRONICS 1108315 GARDENLAND GARDENLAND GARDENLAND GARDENLAND GARDENLAND GARDENLAND GARDENLAND GARDENLAND GARDENLAND GARDENLAND GARDENLAND GARDENLAND GARDENLAND GARDENLAND 6308B40 630BB40 6308840 6308840 6308840 630BB40 630BB40 6308840 630BB40 6308840 6308B40 630BB40 110B407 110B321 GRAINGER INC GRAINGER INC GRAINGER INC GRAINGER INC GRAINGER INC GRAINGER INC GRAINGER INC GRAINGER INC GRAINGER INC GRAINGER INC 1108B30 110B40B 110B303 110B303 1108005 110B005 1108005 5606620 1106265 1108005 GRANITE ROCK COMPANY 2708404 GREGORY B. BRAGG & ASSOC 6204550 GREGORY B. BRAGG & ASSOC 6204550 JILL HAFF 5806449 HEALTH CARE DENTAL TRUST 110 HEALTH CARE DENTAL TRUST 110 HEALTH CARE DENTAL TRUST 110 HOME DEPOT CREDIT SERVIC 2708404 HOME DEPOT CREDIT SERVIC 2708404 HOME DEPOT CREDIT SERVIC 1108303 HOME DEPOT CREDIT SERVIC 1108303 HOME DEPOT CREDIT SERVIC 5606620 HOME DEPOT CREDIT SERVIC 1108409 RUN DATE 05/12/05 TIME 07:21:37 -----DESCRIPTION------ LOCK/KEY SUPPLIES SUPPLIES A26692 FY 2004-2005 OPEN PURC FY 2004-2005 OPEN PORC FY 2004-2005 OPEN PURC FY 2004-2005 OPEN PURC FY 2004-2005 OPEN PURC FY 2004-2005 OPEN PURC FY 2004-2005 OPEN PURC FY 2004-2005 OPEN PURC FY 2004-2005 OPEN PURC FY 2004-2005 OPEN PURC FY 2004-2005 OPEN PURC FY 2004-2005 OPEN PURC SUPPLIES A26693 SUPPLIES A26690 FY 2004-2005 OPEN PURC PARTS/SUPPLIES PARTS/SUPPLIES A26700 PARTS/SUPPLIES A26700 PARTS/SUPPLIES PARTS/SUPi'LIES PARTS/SUPPLIES PARTS/SUPPLIES A26043 PARTS/SUPPLIES PARTS/SUPPLIES GRANITE PATCH A266B9 ADM.FEE MAY2005 BILL REVIEW APR2005 SERVICE AGREEMENT FOR OE3 1539-0005 UNREP 1539-0004 CRA 1539-0006 PARTS/SUPPLIES 20322 PARTS/SUPPLIES 20186 PARTS/SUPPLIES 27389 PARTS/SUPPLIES A26671 PARTS/SUPPLIES A26041 PARTS/SUPPLIES A26679 SALES TAX 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 .00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 .00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 - FINANCIAL ACCOUNTING PAGE 5 AMOONT 371. 05 452.38 22.45 23.04 37.74 61.70 163.04 93.68 81.72 7B.35 75.93 3.17 33.97 7.57 499.56 469.20 1651.12 536.81 601.08 30.16 295.17 135.62 21.21 267.54 498.74 366.B1 82.29 2835.43 500.66 1653.75 222.90 1876.65 734.52 4197.58 3898.0B 6100.92 14196.58 43.17 38.60 159.25 67.91 372 .25 211.00 L(-~ 05/12/05 ACCOUNTING PERIOD: 11/05 CITY OF CUPERTINO CHECK REGISTER - DISBURSEMENT FUND SELSCTION CRITERIA: tranaact.trans_date between "05/09/2005" and "05/13/2005" FUND - 110 - GENERAL FUND CASH ACCT CHECK NO 1020 1020 1020 1020 TOTAL CHECK 1020 1020 1020 617904 617904 617904 617904 617905 617906 617907 1020 617908 1020 617908 TOTAL CHSCK 1020 1020 1020 1020 TOTAL CHECK 1020 1020 1020 1020 1020 1020 1020 TOTAL CHECK 1020 1020 617909 617910 617911 617911 617912 617913 617914 617915 617916 617916 617916 617917 617918 1020 617919 1020 617919 TOTAL CHECK 1020 1020 1020 617920 617921 617922 ISSUE DT --------------VENDOR------------- FUND/DEPT 05/13/05 334 05/13/05 334 05/13/05334 05/13/05 334 05/13/05 1898 05/13/05 2027 05/13/05 M2005 05/13/05 3085 05/13/05 3085 05/13/05 M 05/13/05 M 05/13/05 05/13/05 1412 1412 HOME DEPOT CREDIT SBRVIC 5606620 HOME DEPOT CREDIT SERVIC 1108312 HOME DBPOT CREDIT SERVIC 1108314 HOME DEPOT CREDIT SERVIC 1108312 HORIZON MARSHA HOVEY HURT, WILLIAM 1108312 1104400 no J.J.R. CONSTRUCTION INC 2708403 J.J.R. CONSTRUCTION INC 2709450 JBNG, ROBIN JIAO, LITAO JOBS AVAILABLE INC JOBS AVAILABLB INC 580 5ao 1104510 1104510 KINKO'S INC KELLY-MOORE PAINT CO, IN 1108303 5208003 KATHY KLEIN KMVT 15 KOHLWEISS AUTO PARTS KOHLWEISS AUTO PARTS KOHLWEISS AUTO PARTS KOMAWAR, ANAGHA LAWSON PRODUCTS INC THE LEARNING GAME THE LEARNING GAME LEE WAYNE CORPORATION LOS ALTOS GARBAGE 5806449 1101031 6308840 6308840 6308840 5ao 2708405 5806349 5706450 1103301 MAACO AUTO PAINTING & BO 6308840 5208003 RUN DATE 05/12/05 TIME 07:21:38 05/13/05 3153 05/13/05 372 05/13/05 3092 05/13/05 3067 05/13/05 05/13/05 05/13/05 3313 3313 3313 05/13/05 M 05/13/05 390 05/13/05 1217 05/13/05 1217 05/13/05 3155 05/13/05 2514 05/13/05 1463 -----DESCRIPTION------ PARTS/SUPPLIES A26042 PARTS/SUPPLIES A26686 PARTS/SUPPLIES 27516 PARTS/SUPPLIES 20169 FY 2004-2005 OPEN PURC MRC ARK THERMOMETERS 90\ FP BOND RELEASE PUBLIC WORKS CONTRACT PUBLIC WORKS CONTRACT Refund: Check - Return Refund: Check - SPRING AD/FINANCE DIRECTOR AD/HUMAN RESOURCES PAINT SUPPLIES A26678 COMPOST POSTER 21852 SERVICE AGREEMENT FOR PUBLIC ACCESS APRIL05 FY 2004-2005 OPEN PURC FY 2004-2005 OPEN PURC FY 2004-2005 OPEN PURC Refund: Check - SPRING MARKING PAINT A26691 SUPPLIES A25634 SUPPLIES A26322 WHITE MUGS RECYCLING CARTS TRUCK REPAIRS #23 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 .00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 PAGE 6 AMOUNT 504.38 146.14 31.31 21.09 1595.10 544.99 64.85 19710.00 124142.40 4009.50 128151.90 750.00 252.00 261.25 275.00 536.25 231.55 19.49 233 .38 3759.16 878.08 28.36 58.41 964.85 105.00 581.72 100.82 31.12 131.94 325.24 1116901.63 3237.55 - FINANCIAL ACCOUNTING l(-7 os/u/os ACCOUNTING PERIOD: 11/05 CITY OF CUPERTINO CHECK REGISTER - DISBURSEMENT FUND SSLECTION CRITSRIA: transact. trans_date between "05/09/2005" and "05/13/2005" FUND - 110 - GSNERAL FUND 1020 CASH ACCT CHECK NO 617923 1020 1020 1020 1020 1020 1020 1020 1020 TOTAL CHECK 1020 1020 1020 1020 1020 1020 1020 1020 1020 1020 1020 1020 1020 1020 1020 1020 1020 1020 TOTAL CHECK 1020 617924 617925 617926 617927 617928 617929 617929 617929 617930 617931 617932 617933 617934 617934 617934 617934 617934 617934 617934 617934 617934 617934 617934 617934 617934 617934 617935 1020 617936 1020 -617936 TOTAL CHSCK 1020 1020 1020 617937 61793B 617938 ISSUE DT --------------VENDOR------------- FUND/DSPT 05/13/05 9B6 05/13/05 1602 05/13/05 2713 05/13/05 M 05/13/05 3287 05/13/05 M 05/13/05 465 05/13/05 465 05/13/05 465 05/13/05 471 05/13/05 2156 05/13/05 479 05/13/05 485 05/13/05 05/13/05 05/13/05 05/13/05 05/13/05 05/13/05 05/13/05 05/13/05 05/13/05 05/13/05 05/13/05 05/13/05 05/13/05 05/13/05 493 493 493 493 493 493 493 493 493 493 493 493 493 493 MATTHEW BENDER & COMPANY 1101500 MBIA MUNISERVICES COMPAN 1100000 REBECCA MCCORMICK 5806449 05/13/051BO 05/13/05 500 05/13/05 500 05/13/05 503 05/13/05 1220 05/13/05 1220 MEIN, BARBARA SBO ** MEYERS NAVE 1104330 MODAK, WINAYA 5ao MOUNTAIN VIEW GARDEN CEN 110B315 MOUNTAIN VIEW GARDEN CEN 110B315 MOUNTAIN VIEW GARDBN CEN 5606620 MYERS TIRE SUPPLY COMPAN 6308840 NATIONAL PLANT SERVICES 230B004 NATURES WOOD 5606620 NEWMAN TRAFFIC SIGNS 2708405 OFFICE DEPOT OFFICE DEPOT OFFICE DEPOT OFFICE DEPOT OFFICE DEPOT OFFICE DEPOT OFFICE DEPOT OFFICE DEPOT OFFICE DEPOT OFFICE DEPOT OFFICE DSPOT OFFICE DEPOT OFFICE DEPOT OFFICE DEPOT 110B601 110B201 1108101 1101000 1102401 1104400 1107503 1107301 5806249 5806249 1104310 5B06249 1101200 1104000 RONALD OLDS 1103500 OPERATING ENGINEERS PUB 1104510 OPERATING ENGINEERS PUB 110 ORCHARD SUPPLY 1108005 ORCHARD SUPPLY HARDWARE 1108501 ORCHARD SUPPLY HARDWARE 1108501 RUN DATE 05/12/05 TIME 07:21:38 ----·DESCRIPTION------ PUBLICATION 4TH QTR S.TAX AUDIT SERVICE AGREEMENT FOR Refund: check - CANCEL BRIT/CUPER. COUNCIL Refund: Check - REFUND FY 2004-2005 OPEN PURC FY 2004-2005 OPEN PURC PLAYGROUND FIBER PARTS/SUPPLIES 27436 CATCH BASIN CLEANING FY 2004-2005 OPEN PURC FY 2004-2005 OPEN PURC OFFICE SUPPLIES OFFICE SUPPLIES OFFICE SUPPLIES OFFICE SUPPLIES OFFICE SUPPLIES OFFICE SUPPLIES OFFICE SUPPLIES OFFICE SUPPLIES OFFICE SUPPLIES OFFICB SUPPLIES OFFICE SUPPLIES OFFICE SUPPLIES OFFICE SUPPLIES OFFICE SUPPLIES OLD CHAMBER PROJECT H & W P.W. RETIRBES H & W P.W. EMPLOYEES PARTS/SUPPLIES 27424 PARTS/SUPPLIES ON-TIME DISC 4/26 SALBS TAX 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 - FINANCIAL ACCOUNTING PAGE 7 AMOUNT 86.26 1250.00 330.00 55.00 5922.55 110.00 38.01 29.17 502.B2 570.00 27.23 57B5.00 473.05 1264.00 49.17 10.79 72.74 1.58 35.10 40.53 149.35 B2.24 51.93 14 .49 103.84 16.26 25.05 234.93 B88.00 747.50 3050.00 48BO.00 7930.00 26.59 56.52 -13.54 L(-t 05/12/05 CITY OF CUPERTINO PAGE 8 ACCOUNTING PERIOD: 11/05 CHECK REGISTER - DISBURSEMENT FUND SELECTION CRITERIA: transact. trans_date between "05/09/2005" and "05/13/2005" FUND - 110 - GENERAL FUND CASH ACCT CHECK NO ISSUB DT --------------VENDOR------------- FUND/DEPT ~~~--DBSCRIPTION~----- SALES TAX AMOUNT 1020 617938 05/13/05 1220 ORCHARD SUPPLY HARDWARE 1108830 PARTS/SUPPLIES 0.00 41.12 1020 617938 05/13/05 1220 ORCHARD SUPPLY HARDWARE 1108508 PARTS/SUPPLIES 0 .00 29 .61 TOTAL CHECK 0 .00 113 .71 1020 617939 05/13/05 '" ORCHARD SUPPLY HARDWARE 1108303 PARTS/SUPPLIES A27396 0 .00 235 .B7 1020 617939 05/13/05 '" ORCHARD SUPPLY HARDWARE 1108303 PARTS/SUPPLIES A26666 0 .00 12. .61 1020 617939 05/13/05 ,,, ORCHARD SUPPLY HARDWARE 6308840 PARTS/SUPPLIES 27430 0 .00 50 .93 1020 617939 05/13/05 '" ORCHARD SUPPLY HARDWARE 6308840 PARTS/SUPPLIES 27431 0.00 27 .39 1020 617939 05/13/05 '" ORCHARD SUPPLY HARDWARE 2708405 PARTS/SUPPLIES 27131 0 .00 45 .31 TOTAL CHECK 0 .00 484 .11 1020 617940 05/13/05 505 ORLANDI TRAILER 6308840 HITCH PIN 27440 O. 00 37 .BB 1020 617940 05/13/05 505 ORLANDI TRAILER 6308840 RETURNED PART 0 .00 -21 .64 TOTAL CHECK 0 .00 16 .24 1020 617941 05/13/05 513 PACIFIC GAS & ELECTRIC 1108508 4/06-5/06 0 .00 50 .42 1020 617941 05/13/05 513 PACIFIC GAS & ELECTRIC 1108602 3/31-4/29 0 .00 31 .69 1020 617941 05/13/05 513 PACIFIC GAS & ELECTRIC 5606620 3/26-4/27 O. 00 40. 94 1020 617941 05/13/05 513 PACIFIC GAS & ELECTRIC 1108407 4/01-4/30 0 .00 6 .95 1020 617941 05/13/05 513 PACIFIC GAS & ELECTRIC 5606620 3/26-4/27 O. 00 73 .44 1020 617941 05/13/05 513 PACIFIC GAS & ELECTRIC 4259313 3/31-4/29 CCCP 0 .00 509 .16 1020 617941 05/13/05 513 PACIFIC GAS & ELECTRIC 1108502 3/31-4/29 COMM HALL O. 00 1567. 65 1020 617941 05/13/05 513 PACIFIC GAS & ELECTRIC 1104400 4/01-4/30 O. 00 111 .95 TOTAL CHECK 0.00 2392 .20 1020 617942 05/13/05 520 PAPERDIRECT INC 5806349 SUPPLIES A25769 0.00 74.92 1020 617943 05/13/05 M2005 PFSA 6308840 PFSA DUES R.SILVA 0.00 30.00 1020 617944 05/13/05 545 JEFF PISERCHIO 5606640 SERVICE 4/27-5/10/05 0.00 1995.00 1020 617945 05/13/05 3331 PROGRESSIVE BUSINESS CON 1104510 AUDIO CONF. 6/02/05 0.00 199.00 1020 617946 05/13/05 5'0 RICH VOSS TRUCKING INC 5208003 TRUCK COMPOST MAY2005 0.00 700.00 1020 617947 05/13/05 2482 ROBERT HALF TECHNOLOGY 6104800 K.STAMES W/E 4/29 0.00 1406.00 1020 617948 05/13/05 3330 ROYAL TRUCK BODY 6308840 SERVICE A26696 0.00 61.60 1020 617949 05/13/05 621 THE MERCURY NEWS 5606640 ADVERTISEMENT 0.00 200.00 1020 617954 05/13/05 625 SAN JOSE WATER COMPANY 5606620 2/25-4/22/05 0 .00 5B .31 1020 617954 05/13/05 625 SAN JOSB WATER COMPANY 1108407 3/29-4/26/05 0 .00 68 .64 1020 617954 05/13/05 625 SAN JOSE WATER COMPANY 1108407 3/29-4/26/05 O. 00 72 .7B 1020 617954 05/13/05 625 SAN JOSB WATER COMPANY 1108407 3/29-4/26/05 O. 00 32 .26 1020 617954 05/13/05 625 SAN JOSS WATER COMPANY 1108407 3/29-4/26/05 0 .00 34 .33 1020 617954 05/13/05 625 SAN JOSE WATER COMPANY 1108407 3/29-4/26/05 O. OD 19 . B' 1020 617954 05/13/05 625 SAN JOSE WATER COMPANY 1108407 3/26-4/26/05 o. 00 11.90 1020 617954 05/13/05 625 SAN JOSE WATER COMPANY 1108407 3/29-4/26/05 0.00 11 .'0 1020 617954 05/13/05 625 SAN JOSE WATBR COMPANY 1108407 3/29-4/26/05 0 .00 26 .05 1020 617954 05/13/05 625 SAN JOSE WATBR COMPANY 1108407 3/29-4/26/05 0 .00 3' .67 RUN DATE 05/12/05 TIME 07:21:38 - FINANCIAL ACCOUNTING '-( -1 OS/12/0S CITY OF CUPERTINO PAGE 9 ACCOUNTING PERIOD: 11/05 CHECK REGISTER - DISBURSBMENT FUND SELECTION CRITERIA: transact . trans_date between ~OS/09/200S" and "OS/13/200S" FUND - 110 - GENERAL FUND CASH ACCT CHECK NO ISSUB DT --------------VENDOR------------- FUND/DEPT -----DESCRIPTION------ SALES TAX AMOUNT 1020 617954 05/13/05 625 SAN JOSE WATER COMPANY 1108407 3/29-4/26/05 o. 00 39.67 1020 617954 05/13/05 625 SAN JOSE WATBR COMPANY 1108312 3/29-4/26/05 o. 00 195 .94 1020 617954 05/13/05 625 SAN JOSE WATER COMPANY 1108407 3/29-4/26/05 0.00 35. 70 1020 617954 05/13/05 625 SAN JOSB WATBR COM PANY 5708510 3/29-4/26/05 0 .00 113 .15 1020 617954 05/13/05 625 SAN JOSE WATER COMPANY 1108407 2/24-4/22/05 O. 00 120.61 1020 617954 05/13/05 625 SAN JOSE WATER COM PANY 1108408 3/31-4/26/05 0 .00 119.02 1020 617954 05/13/05 625 SAN JOSE WATER COM PANY 1108504 3/29-4/26/05 0 .00 100.73 1020 617954 05/13/05 625 SAN JOSE WATER COM PANY 1108504 3/29-4/26/05 O. 00 106.94 1020 617954 05/13/05 625 SAN JOSE WATER COM PANY 1108303 3/29-4/26/05 0 .00 73 . B3 1020 617954 05/13/05 625 SAN JOSE WATER COMPANY 1108303 3/29-4/26/05 0 .00 489. B4 1020 617954 05/13/05 625 SAN JOSE WATER COMPANY 1108407 3/29-4/26/05 O. 00 34 .33 1020 617954 05/13/05 625 SAN JOSE WATER COMPANY 1108407 3/29-4/26/05 O. 00 63 .48 1020 617954 05/13/05 625 SAN JOSE WATER COMPANY 5606640 3/29-4/26/05 O. 00 991- 07 1020 617954 05/13/05 625 SAN JOSB WATER COMPANY 5708510 2/25-4/22/05 0 .00 122.80 1020 617954 05/13/05 625 SAN JOSE WATER COMPANY 1108504 3/31-4/29/05 O. 00 9. 00 1020 61H54 05/13/05 625 SAN JOSE WATER COMPANY 5606620 3/29-4/25/05 O. 00 86. 25 1020 617954 05/13/05 625 SAN JOSE WATER COMPANY 5606620 3/29-4/26/05 0 .00 100.73 1020 617954 05/13/05 625 SAN JOSE WATER COMPANY 1108312 3/29-4/26/05 0.00 162. 62 1020 617954 05/13/05 625 SAN JOSE WATER COMPANY 1108312 3/29-4/26/05 0 .00 613 .74 1020 617954 05/13/05 625 SAN JOSE WATER COMPANY 1108407 3/04-5/02/05 0 .00 139 .26 1020 617954 05/13/05 625 SAN JOSE WATER COMPANY 1108407 3/04-5/02/05 0.00 181 .35 1020 617954 05/13/05 625 SAN JOSE WATER COMPANY 1108407 3/07-5/02/05 O. 00 42. 34 1020 617954 05/13/05 625 SAN JOSE WATER COMPANY 1108321 3/04-5/02/05 O. 00 667. 59 1020 617954 05/13/05 625 SAN JOSE WATER COM PANY 1108407 3/08-5/03/05 0 .00 44 .44 1020 617954 05/13/05 625 SAN JOSE WATER COMPANY 1108312 3/08-5/03/05 0.00 130.85 1020 617954 05/13/05 625 SAN JOSE WATER COMPANY 1108314 3/08-5/03/05 0 .00 24.13 1020 617954 05/13/05 625 SAN JOSE WATER COM PANY 1108407 3/08-5/03/05 O. 00 128.74 1020 617954 05/13/05 625 SAN JOSE WATER COM PANY 1108407 3/08-5/03/05 0 .00 107. 60 1020 617954 05/13/05 625 SAN JOSE WATER COMPANY 1108321 3/04-5/02/05 0.00 347 .64 1020 617954 05/13/05 625 SAN JOSE WATER COM PANY 1108314 2/25-4/22/05 O. 00 104. 18 1020 617954 05/13/05 625 SAN JOSE WATER COMPANY 1108314 3/07-5/02/05 O. 00 B4. 66 1020 617954 05/13/05 625 SAN JOSE WATER COM PANY 1108314 2/25-4/22/05 0 .00 107 .40 1020 617954 05/13/05 625 SAN JOSE WATER COMPANY 1108407 2/25-4/22/05 0 .00 37 .03 1020 617954 05/13/05 625 SAN JOSE WATER COM PANY 1108506 2/24-4/21/05 0 .00 23.80 1020 617954 05/13/05 625 SAN JOSE WATER COMPANY 1108407 3/07-5/03/05 O. 00 71 .80 1020 617954 05/13/05 625 SAN JOSS WATER COMPANY 1108505 3/29-4/26/05 O. 00 140 .06 1020 617954 05/13/05 625 SAN JOSE WATER COM PANY 1108505 3/31-4/29/05 0 .00 .00 1020 617954 05/13/05 625 SAN JOSE WATER COMPANY 1108407 2/25-4/22/05 O. 00 39. 58 1020 617954 05/13/05 625 SAN JOSE WATER COMPANY 1108407 3/04-5/02/05 0 .00 42.34 1020 617954 05/13/05 625 SAN JOSE WATER COMPANY 1108513 3/29-4/26/05 0 .00 33 .00 1020 617954 05/13/05 625 SAN JOSE WATER COMPANY 1108512 3/31-4/29/05 O. 00 52. 61 1020 617954 05/13/05 625 SAN JOSE WATER COMPANY 1108512 3/29-4/26/05 0.00 124 . B9 1020 617954 05/13/05 625 SAN JOSE WATER COMPANY 1108512 3/29-4/26/05 O. 00 36l. 15 1020 617954 05/13/05 625 SAN JOSS WATER COMPANY 1108506 2/25-4/22/05 SIMMS O. 00 76 . 93 1020 617954 05/13/05 625 SAN JOSB WATER COMPANY 1108314 3/29-4/26/05 0.00 239 . 08 1020 617954 05/13/05 625 SAN JOSS WATER COMPANY 1108321 3/29-4/26/05 0.00 164 . B9 1020 617954 05/13/05 625 SAN JOSE WATER COMPANY 1108315 3/29-4/26/05 0 .00 1055 .24 1020 617954 05/13/05 625 SAN JOSE WATER COMPANY 1108315 3/29-4/26/05 0 .00 120. 69 1020 617954 05/13/05 625 SAN JOSE WATER COMPANY 1108314 3/30-4/25/05 0.00 392 .22 1020 617954 05/13/05 625 SAN JOSE WATER COMPANY 1108407 3/29-4/26/05 O. 00 474.30 1020 617954 05/13/05 625 SAN JOSE WATER COM PANY 1108407 3/29-4/26/05 O. 00 516.40 RUN DATE 05/12/05 TIME 07:21:38 - FINANCIAL ACCOUNTING L{ -ID OS/lZ/0S CITY OF CUPERTINO PAGE H ACCOUNTING PERIOD: 11/05 CHECK REGISTER - DISBURSEMENT FUND SELECTION CRITERIA: transact .trans~date between nOS/09/Z00S" and "05/1.3/2005" FUND - 110 GENERAL FUND CASH ACCT CHECK NO ISSUE DT --------------VENDOR------------- FUND/DEPT -----DESCRIPTION------ SALES TAX AMOUNT 1020 617954 05/13/05 625 SAN JOSE WATER COMPANY 1108407 3/04-5/02/05 0 .00 147.68 1020 617954 05/13/05 625 SAN JOSE WATER COMPANY 1108315 3/31-4/29/05 a .00 52 .61 1020 617954 05/13/05 625 SAN JOSE WATER COMPANY 1108315 3/29-4/26/05 a .00 1541 .47 1020 617954 05/13/05 625 SAN JOSE WATER COMPANY 1108315 3/29-4/26/05 0.00 65 .4B 1020 617954 05/13/05 625 SAN JOSE WATER COMPANY 110B407 3/29-4/26/05 0 .00 39 .67 1020 617954 05/13/05 625 SAN JOSE WATER COMPANY 110B407 3/29-4/26/05 a. 00 39 .67 1020 617954 05/13/05 625 SAN JOSE WATER COMPANY 110B506 3/29-4/26/05 a. 00 67 .44 1020 617954 05/13/05 625 SAN JOSE WATER COMPANY 1108407 3/29-4/25/05 0 .00 11 .90 1020 617954 05/13/05 625 SAN JOSE WATER COMPANY 1108407 2/24-4/22/05 0 .00 22 .61 1020 617954 05/13/05 625 SAN JOSE WATER COMPANY 110B407 3/29-4/26/05 O. 00 39 .67 1020 617954 05/13/05 625 SAN JOSE WATER COMPANY 1108407 3/29-4/26/05 a .00 19 . B4 1020 617954 05/13/05 625 SAN JOSE WATER COMPANY 1108407 3/29-4/26/05 0.00 19 . B4 1020 617954 05/13/05 625 SAN JOSE WATER COMPANY 1108407 3/29-4/26/05 a. 00 63 .4B 1020 617954 05/13/05 625 SAN JOSE WATER COMPANY 1108407 3/29-4/26/05 O. 00 19 .B4 1020 617954 05/13/05 625 SAN JOSE WATER COMPANY 1108321 3/31-4/29/05 0 .00 52.61 1020 617954 05/13/05 625 SAN JOSE WATER COMPANY 5606620 3/29-4/26/05 0 .00 10 .71 1020 617954 05/13/05 625 SAN JOSE WATER COMPANY 110B314 3/29-4/26/05 a. 00 154 .54 1020 617954 05/13/05 625 SAN JOSE WATER COMPANY 1108506 3/29-4/26/05 a .00 32 .26 1020 617954 05/13/05 625 SAN JOSE WATER COMPANY 1108407 3/29-4/26/05 a .00 19.B4 1020 617954 05/13/05 625 SAN JOSE WATER COMPANY 1108407 3/29-4/26/05 a .00 19.B4 1020 617954 05/13/05 625 SAN JOSE WATER COMPANY 1108407 3/29-4/26/05 a. 00 19.B4 1020 617954 05/13/05 625 SAN JOSE WATER COMPANY 5606620 3/29-4/26/05 O. 00 69 .69 1020 617954 05/13/05 625 SAN JOSE WATER COMPANY 1108407 3/29-4/26/05 0.00 39 .67 1020 617954 05/13/05 625 SAN JOSE WATER COMPANY 5708510 3/29-4/26/05 0 .00 467.19 1020 617954 05/13/05 625 SAN JOSE WATER COMPANY 110B303 3/29-4/26/05 a .00 570 .55 1020 617954 05/13/05 625 SAN JOSE WATER COMPANY 1108303 3/29-4/26/05 0 .00 334 .61 1020 617954 05/13/05 625 SAN JOSE WATER COM PANY 1108303 3/29-4/26/05 0.00 512 .60 1020 617954 05/13/05 625 SAN JOSE WATER COMPANY 1108503 3/29-4/26/05 0.00 94 .52 1020 617954 05/13/05 625 SAN JOSE WATER COMPANY 110B407 3/29-4/26/05 0.00 75 .90 1020 617954 05/13/05 625 SAN JOSE WATER COMPANY 1108314 3/29-4/26/05 0.00 117.29 1020 617954 05/13/05 625 SAN JOSE WATER COMPANY 1108314 3/29-4/26/05 O. 00 106 .94 1020 617954 05/13/05 625 SAN JOSE WATER COMPANY 1108507 3/29-4/26/05 O. 00 BB .32 1020 617954 05/13/05 625 SAN JOSE WATER COMPANY 1108314 3/29-4/26/05 O. 00 164.89 1020 617954 05/13/05 625 SAN JOSE WATER COMPANY 1108314 3/29-4/26/05 0 .00 171. 11 1020 6~7954 05/13/05 625 SAN JOSE: WATER COMPANY 1108302 3/29-4/26/05 0 .00 233 .20 1020 617954 05/13/05 625 SAN JOSE WATER COMPANY 1108314 3/29-4/26/05 0 .00 354 . " 1020 617954 05/13/05 625 SAN JOSE WATER COMPANY 110B314 3/31-4/29/05 0 .00 9 .00 1020 617954 05/13/05 625 SAN JOSE WATER COMPANY 5708510 3/31-4/29/05 0.00 9 .00 TOTAL CHECK 0.00 15920 .90 1020 617955 05/13/05 626 SANTA CLARA CO DEFT Or R 1102100 CITATIONS MARCH 2005 0.00 2640.00 1020 617956 05/13/05 2692 SBe 1108508 4/28-5/27 0 .00 58.26 1020 617956 05/13/05 2692 SBe 1108507 4/28-5/27 0 .00 52 .37 1020 617956 05/13/05 2692 SBe 1108201 4/28-5/27 O. 00 251 .24 1020 617956 05/13/05 2692 SBe 1106500 4/28-5/27 0.00 52 .37 1020 617956 05/13/05 2692 SBe 5606640 4/28-5/27 O. 00 177 .24 1020 617956 05/13/05 2692 SBe 110B501 4/26-5/27 O. 00 114.21 1020 617956 05/13/05 2692 SBe 5606620 4/28-5/27 O. 00 160 .28 1020 617956 05/13/05 2692 SBe 110B509 4/28-5/27 0.00 52 .37 TOTAL CHECK 0.00 91B .34 RUN DATE 05/12/05 TIME 07:21:38 - FINANCIAL ACCOUNTING L-(-II os/u/os ACCOUNTING PERIOD; 11/05 CITY OF CUPERTINO CHECK REGISTER - DISBURSEMENT FUND SELECTION CRITERIA; transact. trans_date between "05/09/2005" and "05/13/2005" FUND - 110 - GENERAL FUND CASH ACCT CHECK NO 1020 1020 1020 1020 1020 1020 1020 1020 1020 1020 1020 1020 1020 1020 1020 1020 1020 1020 TOTAL CHECK 1020 1020 TOTAL CHECK 1020 1020 1020 1020 1020 617957 61795B 617959 617960 617961 617962 617963 617964 617965 617966 617967 61796B 617969 617970 617971 617972 617973 617973 617974 617974 617975 617976 617977 617978 617979 ISSUE DT -----------~--VENDOR--·---------- FUND/DEPT 05/13/05 644 05/13/05 647 05/13/05 3226 05/13/05 M2005 05/13/05 M 05/13/05 2016 05/13/05 2810 05/13/05 3171 05/13/05 1011 05/13/05 684 05/13/05 2045 05/13/05 695 05/13/05 701 05/13/05 362 05/13/05 708 05/13/05 709 05/13/05 1077 05/13/05 1077 05/13/05 738 05/13/05 738 05/13/05 750 05/13/05 761 05/13/05 2969 05/13/05 2498 05/13/05 2561 SCREEN DESIGNS 5706450 ELIZABETH SHANNON 5e06449 TAMARA SHEINKMAN-LBWIS 5806449 SHIEH, WILLIAM 1103300 SHIMOMURA, YASUKO 580 SIEMENS BUILDING TECHNOL 110e504 SMART & FINAL 1106344 STAPLES BUSINESS ADVANTA 1101500 STATE BOARD OF EQUALIZAT 110 CHERYL STODDARD 5806449 SVCN 5208003 SYSCO FOOD SERVICES OF S 5606620 TARGET STORES 5706450 JOHN THOM !?SON 5606640 NANCY THOMPSON 5806449 LOU THURMAN 5806449 TOPCON CALIFORNIA TOPCON CALIFORNIA 1108601 1108102 VALLEY OIL COMPANY VALLEY OIL COMPANY 6308840 6308840 VISION SERVICE PLAN (CA) 110 WEDEMEYER BAKERY 5606620 WIC: WONDER ICE CREAM 01 5606620 KIERSA WITT 1107501 WORLD POINT ECC, INC. 1104400 RUN DATE 05/12/05 TIME 07:21;38 -----DESCRIPTION------ SPORTS CTR LOGO SERVICE AGREEMENT FOR SERVICE AGREEMENT FOR PO BOX RENTAL/SISCITY Refund: Check - CANCEL SUPPLIES SUPPLIES A25635 OFFICE SUPPLIES PREPAYMENT APRIL05 SERVICE AGREEMENT FOR AD/COM!?OST WORKSHOP FY 2004-2005 OPEN PURC SUPPLIES 25466 TREE WORK SERVICE AGREEMENT FOR SERVICE AGREEMENT FOR PAINT 17395 PAINT 17395 FY 2004-2005 OPEN PURC FY 2004-2005 O!?EN !?URC VISION INSURANCE MAYS FY 2004-2005 OPEN PURC FY 2004-2005 OPEN PURC !?ERDIEM 5/11-5/13 CPR CARDS A25847 SALES TAX 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 - FINANCIAL ACCOUNTING PAGE 11 AMOUNT 95.00 704.00 362.75 50.00 55.00 387.65 275.10 54.02 537.00 412.50 260.00 2925.45 33.38 6072.00 371.25 821.50 103.28 103.27 206.55 73.50 7539.50 76B.OO 2074.74 93.65 413 .08 88.00 112.62 L{~/:L os/n/05 ACCOUNTING PERIOD: 11/05 CITY OF CUPERTINO CHECK REGISTER - DISBURSEMENT FUND SELECTION CRITERIA: transact. trans_date between "05/09/2005" and "05/13/2005" FUND - 110 - GENERAL FUND CASH ACCT CHECK NO ISSUE DT --------------VENDOR------------- FUND!DEPT TOTAL CASH ACCOUNT TOTAL FUND TOTAL REPORT RUN DATE 05/12/05 TIME 07:21:3B -----DESCRIPTION------ SALES TAX 0.00 PAGE 12 AMOUNT 1558616.76 0.00 1558616.76 0.00 1556616.76 - FINANCIAL ACCOUNTING L-( -I] DRAFT RESOLUTION NO. 05-088 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 20, 2005 WHEREAS, the Director of Administrative Services or her designated representative has certified to accuracy of the following claims and demands and to the availability of funds for payment hereof; and WHEREAS, the said claims and demands have been audited as required by law. NOW, THEREFORE, BE IT RESOLVED, that the City Council hereby allows the following claims and demands in the amounts and from the funds as hereinafter set forth in Exhibit "A". CERTIFIED: ~~ Director of Administrative Services PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this ~day of June, 2005, by the following vote: Vote Members of the City Council AYES: NOES: ABSENT: ABSTAIN: ATTEST: APPROVED: City Clerk Mayor, City of Cupertino L(-(L.( 05/19/05 ACCOUNTING PBRIOD, ll/05 CITY OF CUPBRTINO CHBCK REGISTER - DISBURSEMBNT FUND SELECTION CRITERIA: transact. trans date between "05/l6/2005" and "05/20/2005" and transact.check_no<>"6l7660" FUND - ll0 - GBNERAL FUND CASH ACCT CHECK NO 1020 1020 1.020 l020 1020 1020 TOTAL CHECK 1020 l020 1020 1020 1020 1020 1020 1020 1020 1020 1020 1020 TOTAL CHECK 1020 1020 TOTAL CHECK 1.020 1020 1020 1020 TOTAL CHECK 1020 1020 1020 1020 l020 1020 1020 TOTAL CHECK 1020 1020 TOTAL CHBCK 1020 1020 617980 617980 617980 617980 617980 617960 617961 617961 617981 617981 617981 617981 617981 617981 617981 617981 617981 617981 617982 617982 617983 617984 617985 617985 617986 617987 617987 617987 617987 617987 617987 617988 617988 617989 617990 ISSUE DT --------------VENDOR------------- FUND/DEPT OS/20/05 4 05/20/05 4 OS/20/05 4 05/20/05 4 OS/20/05 4 OS/20/05 4 OS/20/05 9 OS/20/05 9 OS/20/05 9 OS/20/05 9 05/20/05 9 05/20/05 9 05/20/05 9 OS/20/05 9 OS/20/05 9 OS/20/05 9 OS/20/05 9 05/20/05 9 OS/20/05 28 OS/20/05 28 OS/20/05 34 05/20/05 3113 OS/20/05 05/20/05 2849 2849 A T & T AT & T A T & T AT;;. T AT & T AT & T 1108502 1108501 1108501 1108501 1108501 1108501 05/20/05 78 05/20/05 720 OS/20/05 720 OS/20/05720 05/20/05 720 05/20/05 720 OS/20/05 720 05/20/05 100 OS/20/05 100 05/20/05 1066 OS/20/05 M ABAG POWER PURCHASING PO 5606620 ABAG POWER PURCHASING PO 1108503 ABAG POWER PURCHASING PO 1108506 ABAG POWER PURCHASING PO 1108513 ABAG POWER PURCHASING PO 1108513 ABAG POWER PURCHASING PO 1108501 ABAG POWER PURCHASING PO 5708510 ABAG POWER PURCHASING PO 1108508 ABAG POWER PURCHASING PO 1108509 ABAG POWER PURCHASING PO 1108504 ABAG POWER PURCHASING PO 1108505 ABAG POWER PURCHASING PO 1108507 AIRGAS NCN AIRGAS NCN 1108303 1108303 ALL CHEMICAL DISPOSAL IN 1108005 AMERICAN CLEANWAY, INC. 1108406 AMERICAN LEGAL PUBLISHIN 1104300 AMERICAN LEGAL PUBLISHIN 1104300 JO ANN BARNEY 5806249 BATTERY SYSTEMS BATTERY SYSTEMS BATTBRY SYSTEMS BATTERY SYSTEMS BATTERY SYSTEMS BATTERY SYSTEMS 6308840 6308840 6308840 6308840 6308840 6308840 BMI IMAGING SYSTEMS 8MI IMAGING SYSTEMS 1104300 1104300 BROWNING-FERRIS INDUSTRI 5208003 Beavers, Nancy 550 RUN DATE 05/19/05 TIME 14:29:00 -----DESCRIPTION------ MAY05 LIBRARY ALARM MAY 2005 STMT MAY 2005 STATEMENT MAY 2005 STATEMENT 3/02-4/26 3/02 ~4/2 6 3/02-4/26 3/02-4/26 3/02-4/26 3/02-4/26 3/02-4/26 3/02-4/26 3/02-4/26 3/02-4/26 3/02-4/26 3/02-4/26 FY 2004-2005 OPEN PURC FY 2004-2005 OPEN PURC LABOR MATRL 4/20 SODA 50# BAG BLASTING FY 2004-2005 OPEN PURC FY 2004-2005 OPEN PURC SERVICE AGREEMENT FOR FY 2004-2005 OPEN PURC FY 2004-2005 OPEN PURC FY 2004-2005 OPEN PURC FY 2004-2005 OPEN PURC FY 2004-2005 OPEN PURC FY 2004-2005 OPEN PURC FY 2004-2005 OPEN PURC FY 2004-2005 OPEN PURC APR 05 LANDFILL VOL Refund: Check - Easter 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 0.00 0.00 0.00 CJY PAGE 1 AMOUNT 53.04 24.06 64.02 24.06 24.06 24.06 213 .30 337.37 330.85 56.08 30.00 34.08 574.97 219.96 25.39 27.13 933.40 107.54 168.14 2844.91 79.08 249.47 328.55 3896 .85 904.92 104.36 825.04 929.40 161.00 68.14 73.44 82.09 460.82 -45.14 128.66 768.01 659.78 1743.10 2402.8a 110938.01 275.00 ~ FINANCIAL ACCOUNTING L(- f) 05/19(05 ACCOUNTING PERIOD: 11/05 CITY OF CUPERTINO CHECK REGISTER - DISBURSEMENT FUND SELECTION CRITERIA: transact.trans~date between "05/16/2005" and "05/20/2005" and transact.check_no<:::>"617BBO" FUND - 110 - GENERAL FUND CASH ACCT CHECK NO 1020 1020 1020 1020 1020 1020 1020 1020 1020 1020 1020 1020 1020 1020 1020 1020 1020 1020 1020 TOTAL CHECK 1020 1020 TOTAL CHECK 1020 1020 1020 617991 617992 617993 617994 617994 617994 617994 617994 617994 617994 617994 617994 617994 617994 617994 617994 617994 617994 617994 617995 617995 617996 617997 617998 1020 617999 1020 617999 TOTAL CHECK 1020 618000 1020 618001 1020 618001 TOTAL CHECK 1020 1020 1020 1020 TOTAL CHECK 618002 618003 618003 6iB003 ISSUE DT ---4~~--------VENDOR------------- FUND/DEPT OS/20/05 2682 OS/20/05 127 05(20/05 2779 OS/20/05 1476 OS/20/05 1476 OS/20/05 1476 OS/20/05 1476 OS/20/05 1476 OS/20/05 1476 OS/20/05 1476 OS/20/05 1476 OS/20/05 1476 OS/20/05 1476 OS/20/05 1476 OS/20/05 1476 OS/20/05 1476 OS/20/05 1476 OS/20/05 1476 OS/20/05 1476 OS/20/05 OS/20/05 2232 2232 THE CALIFORNIA CHANNEL CALIFORNIA CAD SOLUTIONS 6109853 1103500 CALIFORNIA HYDRONICS COR 1108312 CANNON DESIGN GROUP CANNON DESIGN GROUP CANNON DESIGN GROUP CANNON DESIGN GROUP CANNON DESIGN GROUP CANNON DESIGN GROUP CANNON DESIGN GROUP CANNON DESIGN GROUP CANNON DESIGN GROUP CANNON DESIGN GROUP CANNON DESIGN GROUP CANNON DESIGN GROUP CANNON DESIGN GROUP CANNON DESIGN GROUP CANNON DESIGN GROUP CANNON DESIGN GROUP CARIAGA, LOURDES CARIAGA, LOURDES cow GOVERNMENT, INC. CDW-G CEITRONICS, INC. no no no no no no no no no no no no no no no no no no 6104800 5806649 4239222 CERIDIAN BENEFITS SERVIC 110 CERIDIAN BENEFITS SERVIC 110 CHA no COLONIAL LIFE & ACCIDENT 110 COLONIAL LIFE & ACCIDENT 110 CONKLIN, FRED no CUPERTINO COMMUNITY SERV 2607404 CUPERTINO COMMUNITY SERV 1107405 CUPERTINO COMMUNITY SERV 2607404 RUN DATE 05/19/05 TIME 14:29:00 OS/20/05 2336 OS/20/05 2646 OS/20/05 3089 OS/20/05 1057 OS/20/05 1057 OS/20/05 1156 OS/20/05 178 OS/20/05 178 OS/20/05 M200S OS/20/05 OS/20/05 OS/20/05 1058 1058 1058 -----DESCRIPTION------ TECHNICAL SERVICE PROGRAMMING MAY 2005 LABOR AND MATERIALS R#29251 SVC 4/30/05 R#29416 SVC 4/30/05 R#28803 SVC 4/30/05 R#28551 SVC 4/30/05 R#28990 SVC 4/30/05 R#29003 APR SVC R#29069 SVC 4/30/05 R#28948 APR SVC R#28994 SVC 4(30/05 R#29082 SVC 4/30/05 R#29051 SVC 4/30/05 R#29023 SVC 4(30/05 R#29450 SVC APR 05 R#29475 APR 05 SVC R#28977 SVC 4(30/05 R#29143 SVC 4/30/05 CSGARNSMNT SSGARNSMNT VIEWSONIC VG900B PHOTOSMART 15560 PUBLIC WORKS CONTRACT *FLEX DEP/240125 *FLEX HLTH/240225 CHA *COLONIAL/E7013B99 COLONIAL/E7013B99 R#29059 ARCH REVW BAL SHELTER 1/1-3/31/05 1/1-3/31/05 AFFD REPL COMP ASST 1/1-3/31/05 SALES TAX 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 .00 .00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 PAGE 2 AMOUNT 187.50 253.34 532.45 1255.09 507.54 960.00 1200.00 1440.00 4BO.00 720.00 4BO.00 1495.09 1200.00 720.00 507.54 240.00 240.00 1255.09 1015.09 13715.44 306.50 103.84 410.34 2263.87 226.48 104391.57 14.43 433.60 448.03 93.00 173 .19 295.83 469.02 644.91 6250.00 16250.00 4785.75 27285.75 - FINANCIAL ACCOUNTING L{ -f~ 05/19/05 ACCOUNTING PERIOD: 11/05 CITY OF CUPERTINO CHECK REGISTER - DISBURSEMENT FUND SELECTION CRITERIA: transact. trans_date between "05/16/2005" and "05/20/2005" and transact.check_no<>"617880" FUND - 110 - GENERAL FUND CASH ACCT CHECK NO 1020 1020 1020 1020 1020 1020 TOTAL CHECK 1020 1020 1020 1020 1020 1020 1020 1020 1020 1020 TOTAL CHECK 1020 1020 1020 1020 1020 1020 1020 1020 1020 1020 1020 1020 1020 1020 1020 TOTAL CHECK 1020 1020 TOTAL CHECK 618004 618004 618004 618004 618004 618004 618005 618005 618005 618005 618005 6H005 618005 618005 618005 618005 618006 618007 618008 618009 618010 618011 618012 618013 618014 618015 618016 618016 618016 618016 618016 618017 618017 ISSUE DT -----~--------VENDOR------------- FUND/DEPT OS/20/05 OS/20/05 OS/20/05 OS/20/05 OS/20/05 OS/20/05 OS/20/05 OS/20/05 OS/20/05 OS/20/05 OS/20/05 OS/20/05 OS/20/05 OS/20/05 OS/20/05 OS/20/05 OS/20/05 2321 OS/20/05 210 OS/20/05 676 OS/20/05 3117 OS/20/05 3079 OS/20/05 233 OS/20/05 242 OS/20/05 243 OS/20/05 234 OS/20/05 250 OS/20/05 OS/20/05 OS/20/05 OS/20/05 OS/20/05 OS/20/05 OS/2 a/os 19' 19' 19' 19' 19' 194 198 198 198 198 198 198 198 198 198 198 260 260 260 260 260 268 268 CUPERTINO SUPPLY INC CUPERTINO SUPPLY INC CUPERTINO SUPPLY INC CUPERTINO SUPPLY INC CUPERTINO SUPPLY INC CUPERTINO SUPPLY INC 5708510 5606660 5606660 5606660 5606660 5606660 CUPERTINO UNION SCHL DIS 5806349 CUPERTINO UNION SCHL DIS 5806349 CUPERTINO UNION SCHL DIS 5806349 CUPERTINO UNION SCHL DIS 5806349 CUPERTINO UNION SCHL DIS 5806349 CUPERTINO UNION SCHL DIS 5806349 CUPERTINO UNION SCHL DIS 5806349 CUPERTINO UNION SCHL DIS 5806349 CUPERTINO UNION SCHL DIS 5806349 CUPERTINO UNION SCHL DIS 5806349 DAVCO WATERPROFFING SERV 5708510 DEEP CLIFF ASSOCIATES L 5806449 DEPARTMENT OF JUSTICE 1104510 DOLPHIN DESIGN INC 1108502 ECONOMIC & SOCIAL aPPORT 2607403 ECONOMIC DRIVING SCHOOL 5806249 EMPLOYMENT DEVEL DEPT 110 EMPLOYMENT DEVELOPMENT 110 ENGINEERING DATA SERVICE 1104300 EUPHRAT MUSEUM OF ART 5806249 FEDERAL EXPRESS CORP FEDERAL EXPRESS CORP FEDERAL EXPRESS CORP FEDERAL EXPRESS CORP FEDERAL EXPRESS CORP 2617402 1101070 11D 1108601 1104300 FOSTER BRaS SECURITY SYS 1108315 FOSTER BRaS SECURITY sYS 1108504 RUN DATE 05/19/05 TIME 14:29:00 -----DESCRIPTION------ FY 2004-2005 OPEN PURC SUPPLIES SUPPLIES SUPPLIES SUPPLIES SUPPLIES SCHOOL PERMIT 16451 VARIOUS SCHOOL PERMIT SCHOOL PERMITS SCHOOL PERMITS SCHOOL PERMITS SCHOOL PERMITS SCHOOL PERMITS SCHOOL PERMITS SCHOOL PERMITS SCHOOL PERMITS REPAIR ROOF LEAKS SERVICE AGREEMENT FOR APR FGRPRT 13 APPLCTS MAY SERVICE 1/1-3/31/05 SERVICE DRIVER ED 18870 SIT/932-0014-5 SDI/776-5260-0 PUB HERG 3/1-5/3/05 SERVICE AGMT 5/16 FOR SHIPPING DOT 4/18 E ELLIS 4/13 R#28695 C SHIRES 4/14 CALTRAN 4/18 QUEST DISCVY 4/18 PADLOCK CUT KEY IN SHOP 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 - FINANCIAL ACCOUNTING PAGE 3 AMOUNT 214.11 97.83 23.01 166.27 70.01 111. 97 683.20 274.66 335.25 584.38 202.53 490.52 277.31 245.80 735.87 195.00 164.84 3506.16 651.19 3216.00 416.00 1350.00 20891. 76 3150.00 17443.29 1032 .48 546.14 3130.00 21.18 19.84 13 .18 25.86 11.18 91.24 162.38 67.76 230.14 L(-/7 05/19/05 ACCOUNTING PERIOD: 11/05 CHECK REGISTER CITY OF CUPERTINO DISBURSEMENT FUND SELECTION CRITERIA: transact. trans_date between "05/16/2005" and "OS/20/200S" and transact.check_no<>"617BBO" FUND - 110 - GENERAL FUND CASH ACCT CHECK NO 1020 1020 TOTAL CHECK 1020 1020 1020 ~020 1020 1020 ~020 1020 ~020 1020 TOTAL CHECK 1020 ~020 1020 1020 1020 TOTAL CHECK 1020 1020 1020 1020 1020 1020 1020 TOTAL CHECK 1020 1020 ~020 1020 1020 1020 618018 618018 618019 618020 618020 618020 618020 618020 618020 618020 618020 618020 618021 618022 618023 618024 618024 618025 618026 618027 618027 61B027 618027 618027 618028 618029 618030 618031 616032 618033 ISSUE DT ______________VENDOR___~________~ FUND/DEPT OS/20/05 OS/20/05 OS/20/05 1942 OS/20/05 OS/20/05 OS/20/05 OS/20/05 OS/20/05 OS/20/05 OS/20/05 OS/20/05 OS/20/05 OS/20/05 M OS/20/05 M2005 OS/20/05 2064 OS/20/05 OS/20/05 OS/20/05 2027 OS/20/05 343 OS/20/05 OS/20/05 OS/20/05 OS/20/05 OS/20/05 OS/20/05 353 OS/20/05 879 OS/20/05 2219 OS/20/05 372 OS/20/05376 OS/20/05 3313 2476 2476 29B 298 298 29B 29B 298 298 298 298 1898 1898 2528 2528 2528 2528 2528 M M I POWER EQUIPMENT M M I POWER EQUIPMENT GLOBAL KNOWLEDGE GRAINGER INC GRAINGER INC GRAINGER INC GRAINGER INC GRAINGER INC GRAINGER INC GRAINGER INC GRAINGER INC GRAINGER INC Gross, Catherine 6308840 6308840 6104800 1108005 1108005 6308840 6308840 6308840 6308840 6308840 1108830 6308840 550 HOWARD G HOFF JR. HEATER MEALS ZESTO THERM 1104400 1104400 HORIZON HORI ZON MARSHA HOVEY 1108407 1108312 ICMA RETIREMENT TRUST-45 110 1104400 INDOOR BILLBOARD INDOOR BILLBOARD INDOOR BILLBOARD INDOOR BILLBOARD INDOOR BILLBOARD IRON MOUNTAIN 1108315 1108303 1108302 1108314 11083~2 KEYSER MARSTON ASSOCIATE ~107405 1104300 KINKO'S INC KEYSTONE RESTAURANT SUPP 1~08505 2308004 KNORR SYSTEMS INC KOHLWEISS AUTO PARTS RUN DATE 05/19/05 TIME 14:29:00 5606620 6308840 ----~DESCRIPTION----~- REPL MUFFLER ASSBLY HEAT DEFLECTOR KIT SQL SERVER 2000 DATABA TROLLEY SAFETY EYEWEAR FY 2004-2005 OPEN PURC FY 2004-2005 OPEN PURC FY 2004-2005 OPEN PURC FY 2004-2005 OPEN PURC FY 2004-2005 OPEN PURC FY 2004-2005 OPEN PURC FY 2004-2005 OPEN PURC Refund: Check - Art an CASES OF FOOD 5/11 DRILL 2.5 HRS FY 2004-2005 OPEN PURC FY 2004-2005 OPEN PURC REIMB OFCMAX 5/12 *ICMA FY 2004-2005 OPEN PURC FY 2004-2005 OPEN PURC FY 2004-2005 OPEN PURC FY 2004-2005 OPBN PURC FY 2004-2005 OPEN PURC FY 2004-2005 OPEN PURC PLANNING CONTRACT THRU FREEZER REACH-IN TRAUL POSTBRS OUTREACH PRGM PVC VALVB FY 2004-2005 OPEN PURC SALES TAX 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 PAGE 4 AMOUNT 69.01 68.98 U7.99 2595.00 277.70 14.38 103.47 31.15 78.25 62.26 31.15 464.91 62.26 1125.53 46.00 266.40 62.50 503.88 311.65 815.53 331.56 6555.20 ~27.24 127.23 127.23 127.23 ~27.23 636.16 920.40 996.40 2858.62 48.71 27.33 79.24 - FINANCIAL ACCOUNTING L( -It 05/19/05 ACCOUNTING PERIOD: 11/05 CITY OF CUPERTINO CHECK REGISTER - DISBURSEMENT FUND SELECTION CRITERIA: transact. trans date between "05/16/2005" and "05/20/2005" and transact.check_no<>"617BBO" FUND - 110 - GENERAL FUND CASH ACCT CHECK NO 1020 1020 TOTAL CHECK 1020 61B034 61B034 61B035 1020 618036 1020 618036 TOTAL CHECK 1020 618037 1020 618037 TOTAL CHECK 1020 1020 1020 TOTAL CHECK 1020 1020 1020 1020 1020 1020 1020 1020 1020 1020 1020 1020 1020 1020 1020 1020 1020 1020 1020 TOTAL CHECK 618038 618038 618038 618039 618040 618041 618043 618044 618045 618046 618047 618048 61B049 618050 618051 618052 618052 61B052 618052 618052 618052 618052 ISSUE DT ______________VENDOR_____________ PUND/DEPT OS/20/05 OS/20/05 M2005 M200S KRATHAPALI, ANAJANEYULEE 110 KRATHAPALI, ANAJANEYULEE 110 DONNA KREY LAB SAFETY SUPPLY LAB SAFETY SUPPLY 1103501 1108005 1108408 LEAGUE OF CALIFORNIA CIT 1101500 LEAGUE OP CALIFORNIA CIT 1104300 LEE WAYNE CORPORATION LEE WAYNE CORPORATION LEE WAYNE CORPORATION 1103301 1103301 1103301 LYNX TECHNOLOGIES LIVE OAK ADULT DAY SERVI 2607404 6109853 Leitzell, Arlette MIDPENINSULA CITIZENS MISDU MITY-LITE INC MIYAKAWA, LAURA 550 2607401 no 1106265 MOUNTAIN VIEW GARDEN CEN 1108315 1104510 Morse, Elizabeth MUSIC FOR YOUNG CHILDREN 5806249 550 NATIONAL DEFERRED COMPEN 110 NON-PROFIT HOUSING ASSOC 1107405 OFFICE DEPOT OFFICE DEPOT OFFICE DEPOT OFFICE DEPOT OFFICE DEPOT OFFICE DEPOT OFFICE DEPOT RUN DATE 05/19/05 TIME 14:29:00 OS/20/05 1258 OS/20/05 385 OS/20/05 3B5 OS/20/05 392 OS/20/05 392 OS/20/05 OS/20/05 OS/20/05 3155 3155 3155 OS/20/05 3126 OS/20/05 2356 OS/20/05 M OS/20/05 3125 OS/20/05 2567 OS/20/05 1906 OS/20/05 ME2005 OS/20/05 465 OS/20/05 2666 OS/20/05 M OS/20/05 302 OS/20/05 M2005 OS/20/05 OS/20/05 OS/20/05 OS/20/05 OS/20/05 OS/20/05 OS/20/05 493 493 493 493 493 493 493 1104310 1106265 5806249 1108201 1104300 1104300 1103500 -----DESCRIPTION------ R#26679 R#27561 REFD BAL ARCH REVW BAL CREST SCRIPTS/2005 SUPPLIES SUPPLIES MAY05 ATTY CONF PAPER 2005 CAL MUN! LAW SPORTS BOTTLES PER AL DEMARTINI NAVY HATS 1/1-3/31/05 SERVICE GIS DATA MAINT Refund: Check - Easter 1/1-3/31/05 SERVICE J TRYBUS 385960533 TABLES ICE CREAM SOCIAL FY 2004-2005 OPEN PURC SERVICE AGRBBMENT FOR Refund: Check - Member *NAT'L DEF NPH MBRSHP 5/05-4/06 OFFICE SUPPLIES OFFICE SUPPLIES OFFICE SUPPLIES OFFICE SUPPLIES SUPPLIES SUPPLIES OFFICE SUPPLIES 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 .00 0.00 0.00 0.00 0.00 PAGE S AMOUNT 1029.17 110.30 1139.47 550.00 43.00 377.02 420.02 59.00 166.00 225.00 614.02 -100.00 295.80 809.82 2550.00 1890.00 275.00 2314.57 221.50 1953.24 55.41 11.91 1410.00 27.00 19270.11 300.00 131.85 219.76 107.07 298.21 49.52 21.64 46.36 874.41 - FINANCIAL ACCOUNTING q-11 05/19/05 ACCOUNTING PERIOD: 11/05 CITY OF CUPERTINO CHECK REGISTER - DISBURSEMENT FUND SELECTION CRITERIA' transact. trans_date between "05/16/2005" and "05/20/2005" and transact.check_no<>"617880" FUND - 110 - GENERAL FUND CASH ACCT CHECK NO 1020 1020 1020 1020 1020 1020 1020 1020 1020 TOTAL CHECK 1020 1020 1020 1020 1020 1020 1020 1020 1020 1020 1020 1020 1020 1020 1020 1020 1020 1020 TOTAL CHECK 1020 1020 1020 1020 1020 1020 TOTAL CHECK 1020 1020 1020 1020 1020 618053 61B05.. 61B055 61B055 61B055 61B055 61B055 618055 618055 61B056 618056 618056 61B056 618056 618056 618056 618056 61B056 61B056 618056 618056 618056 618056 61B056 61B056 618056 618056 618057 618058 618059 618060 618060 618060 61B061 618062 618062 618062 618062 ISSUE DT --------------VENDOR------------- FUND/DEPT OS/20/05 501 OS/20/05 981 OS/20/05 OS/20/05 OS/20/05 OS/20/05 OS/20/05 OS/20/05 OS/20/05 OS/20/05 OS/20/05 OS/20/05 OS/20/05 OS/20/05 OS/20/05 OS/20/05 OS/20/05 OS/20/05 OS/20/05 OS/20/05 OS/20/05 OS/20/05 OS/20/05 OS/20/05 OS/20/05 OS/20/05 OS/20/05 OS/20/05 1952 OS/20/05 1099 OS/20/05 533 833 833 833 833 833 833 833 513 513 513 513 513 513 513 513 513 513 513 513 513 513 513 513 513 513 OS/20/05 M2005 OS/20/05 M2005 OS/20/05 M2005 OS/20/05 2529 OS/20/05 3335 OS/20/05 3335 OS/20/05 3335 OS/20/05 3335 OPERATING ENGINEERS #3 110 ORCHARD SUPPLY HARDWARE 1108005 PER S PER S PER S PER S P Ii: R S PER S PER S PACIFIC GAS & ELECTRIC PACIFIC GAS & ELECTRIC PACIFIC GAS & ELECTRIC PACIFIC GAS & ELECTRIC PACIFIC GAS & ELECTRIC' PACIFIC GAS & ELECTRIC PACIFIC GAS & ELECTRIC PACIFIC GAS & ELECTRIC PACIFIC GAS & ELECTRIC PACIFIC GAS & ELECTRIC PACIFIC GAS & ELECTRIC PACIFIC GAS & ELECTRIC PACIFIC GAS & ELECTRIC PACIFIC GAS & ELECTRIC PACIFIC GAS & ELECTRIC PACIFIC GAS & ELECTRIC PACIFIC GAS & ELECTRIC PACIFIC GAS & ELECTRIC PAPA 110 110 110 110 110 110 110 110B303 1108312 1108314 1108407 1108513 1108501 1108504 1108602 5606640 5708510 1108830 1108511 5606620 1108503 1108505 1108506 1108507 1108315 PERS LONG TERM CARE PROG 110 PAVEMENT ENGINEERING INC 2709..50 1108201 l'ETSMART l'ETSMART l'ETSMART PREMIER WORLD TOURS 110 1100000 1100000 550 QUALITY ASSURANCE TRAVEL 5506549 QUALITY ASSURANCE TRAVEL 5506549 QUALITY ASSURANCE TRAVEL 5506549 QUALITY ASSURANCE TRAVEL 5506549 RUN DATE 05/19/05 TIME 1..,29,00 -----DESCRIPTION------ UNION DUES H/W AND GARDEN MERCHA PERS EM PLY "'l'ERS BYBK PERS 1959 "'PERS BYBK l'ERS SPEC PERS EM/OE *PERS OE3 3/26-4/26 3/26-4/26 3/26-4/26 3/26-4/26 3/26-4/26 3/26-4/26 3/26-4/26 3/26-4/26 3/26-4/26 3/26-4/26 3/26-4/26 3/26-4/26 3/26-4/26 3/26-4/26 3/26-4/26 3/26-4/26 3/26-4/26 3/26-4/26 G GEISSHIRT SPRAY LIC SERVICE AGREEMENT FOR PERS LTC/2405 R#28901 DEPOSIT 3/11/05 PLANNING FEE 3/11/05 PLANNING FEE DEl' BAL 9/28-10/6/05 JUN 9 TRIP 100% PMT 6/15 TRIP 25% DEPOSIT JUN 21 TRIP 25% DEl' JUN 25 TRIP 25% DEl' SALES TAX 0.00 0.00 0.00 0.00 0.00 0.00 0.00 .00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 PAGE 6 AMOUNT 685.35 50.32 18105.40 54.34 109.74 1883.87 184.89 3198.33 3198.33 26734.90 5851.04 221.49 301. 95 1827.45 375.00 4013 .13 4547.11 2424.08 181.77 3259.08 50.10 314.84 1072 .27 1637.08 1573.03 147.45 699.10 193.52 28689.49 35.00 3520.00 104.42 323.04 191.00 5701. 00 6215.04 12000.00 600.00 150.00 150.00 131. 25 - FINANCIAL ACCOUNTING 4-)ð 05/19/05 ACCOUNTING PERIOD: 11/05 CITY OF CUPERTINO CHECK REGISTER - DISBURSEMENT FUND FUND - 110 SELECTION CRITERIA: transact. trans_date between "05/16/2005" and "05/20/2005" and transact.check_no<>"617880" CASH AcCT CHECK NO GENERAL FUND ISSUE DT ------~-------VENDOR--~---------- FUND/DEPT 1020 1020 1020 1020 1020 1020 1020 TOTAL cHECK 1020 1020 1020 1020 TOTAL CHECK 618062 618062 618062 618062 618062 618062 618062 618063 618064 618065 618065 1020 618066 1020 618066 TOTAL CHECK 1020 1020 1020 1020 1020 1020 1020 TOTAL CHECK 1020 1020 1020 1020 1020 1020 1020 TOTAL CHECK 1020 1020 1020 1020 1020 1020 1020 618067 618068 618069 618070 618071 618071 618071 618072 618073 618073 618073 618073 618073 618073 618074 618074 618074 618074 618074 618074 618074 OS/20/05 3335 OS/20/05 3335 OS/20/05 3335 OS/20/05 3335 OS/20/05 3335 OS/20/05 3335 OS/20/05 3335 OS/20/05 2802 OS/20/05 2441 OS/20/05 OS/20/05 1071 1071 QUALITY ASSURANCE TRAVEL 550 QUALITY ASSURANCE TRAVEL 550 QUALITY ASSURANCE TRAVEL 550 QUALITY ASSURANCE TRAVEL 550 QUALITY ASSURANCE TRAVEL 550 QUALITY ASSURANCE TRAVEL 550 QUALITY ASSURANCE TRAVEL 5506549 QUANTUM DESIGN 1103600 OS/20/05 2482 OS/20/05 2482 OS/20/05 M OS/20/05 M OS/20/05 2011 OS/20/05 628 OS/20/05 OS/20/05 OS/20/05 2875 2875 2875 RENEE RAMSEY 5806249 OS/20/05 2397 OS/20/05 OS/20/05 OS/20/05 OS/20/05 OS/20/05 OS/20/05 2692 2692 2692 2692 2692 2692 REPUBLIC ELECTRIC REPUBLIC ELECTRIC 1108602 1108602 OS/20/05 511 OS/20/05 511 OS/20/05 511 OS/20/05 511 OS/20/05 511 OS/20/05 511 OS/20/05 511 ROBERT HALF TECHNOLOGY ROBERT HALF TECHNOLOGY 6104800 6104800 Rafael, Gloria 550 Rangwala, Zoaib 550 S.O.S. SURVIVAL PRODUCTS 1104400 SANTA CLARA COUNTY SHERI 1102100 RICOH CUSTOMER FINANCE C 1104310 RICOH CUSTOMER FINANCE C 1104310 RICOH CUSTOMER FINANCE C 1108201 SAVIN CREDIT CORPORATION 1104310 SBC SBC SBC SBC SBC SBC 5708510 1108501 1108501 1108501 1108504 1108501 SBC/MCI SBC/MCI SBC/MCI SSC/MCI SBC/MCI SBC/MCI SBC/MCI 1108501 1101500 1108501 1108504 1108505 5708510 1108503 RUN DATE 05/19/05 TIME 14:29:00 -----DESCRIPTION------ JUL 15 TRIP 25% DEP AUG 6 TRIP 25\ DEP AUG 11 TRIP 25\ DEP AUG 19 TRIP 25\ DEP AUG 28 TRIP 25\ DEP AUG 30 TRIP 25\ DEP 6/4/05 TRIP MAY 05 WEBST HOSTING SERVICE AGREEMENT FOR SERVICE AGREEMENT FOR SERVICE AGREEMENT FOR WE 5/13/05 K STARNES K.STAMES W/E 5/06 Refund: Check - MACInt Refund: Check - 6/12/0 FLASHLIGHT ROPE ADJUST LAW ENFORCEMENT MAY05 6/~-6/30/05 BILLING 5/1-5/31/05 BILLING FY 2004-2005 OPEN PURC FOR 6/1-6/30/05 MAYaS MONTHLY CHARGES MAYO 5 MONTHLY CHARGES MAYOS MONTHLY CHARGES MAY05 MONTHLY CHARGES 4/26-5/25 4/28-5/27 FOR 4/7-5/6/05 FOR 4/7·5/6/05 FOR 4/7-5/6/05 FOR 4/7-5/6/05 FOR 4/7-5/6/05 FOR 4/7-5/6/05 FOR 4/7-5/6/05 SALES TAX 0.00 0.00 0.00 0.00 0.00 0.00 0.00 .00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 .00 0.00 0.00 0.00 .00 0.00 0.00 0.00 0.00 0.00 - FINANCIAL ACCOUNTING PAGE 7 AMOUNT 162.50 150.00 156.25 150.00 150.00 150.00 600.00 2550.00 1500.00 783.00 5180.00 740.00 5920.00 1216.00 1520.00 2736.00 20.00 750.00 1695.53 545115.19 114.66 1057.60 130.94 1303.20 137.83 55.54 55.54 55.54 55.54 78.06 65.31 365.53 90.01 90.00 90.00 90.00 90.00 90.00 89.96 i.{-).! 05(19(05 ACCOUNTING PERIOD: 11/05 CITY OF CUPERTINO CHECK REGISTER - DISBURSEMENT FUND SELECTION CRITERIA: transact. trans_date between "05(16(2005" and "05(20(2005" and transact.check_no<>"617880" FUND - 110 - GENERAL FUND CASH ACCT CHECK NO 102~ 618074 TOTAL CHECK 1020 1020 1020 1020 1020 1020 TOTAL CHECK 1020 1020 1020 1020 1020 1020 1020 1020 1020 1020 TOTAL CHECK 1020 1020 1020 1020 1020 1020 1020 1020 1020 1020 1020 1020 1020 1020 618075 618076 618078 618079 618080 618080 618081 618082 618083 618084 618084 618084 618084 618084 618084 618084 618085 618086 618087 618088 618089 618090 618091 618092 618092 618092 618092 618092 618092 618092 ISSUE DT --------------VENDOR------------- FUND/DEPT 5606620 OS/20/05 511 05(20/05 1449 OS/20/05 1530 05(20/05 652 05(20(05 665 05(20/05 M2005 OS/20/05 M2005 OS/20/05 677 05(20/05 529 OS/20/05 1590 05(20(05 OS/20(05 05(20/05 05(20/05 05(20(05 05(20(05 OS/20/05 2045 2045 2045 2045 2045 2045 Z045 SSC/MCI SENIOR ADULTS LEGAL ASSI 2607404 SHAMROCK SALES 1108201 OS/20/05 695 05(20/05 M 05(20/05 700 05(20/05 701 OS/20/05 3306 05(20(05 1993 OS/Z0/05 1154 OS/20/05 310 05(20/05 310 OS/ZO/05 310 OS/20/05 310 OS/20(05 310 05(20/05 310 OS/20/05 310 SIERRA SPRINGS WATER CO. 1101500 SOUTH BAY METROPOLITAN 5806449 STARBURST CONSTRUCTION STARBURST CONSTRUCTION 1100000 1100000 STATE STREET BANK & TRUS 110 SUNGARD PENTAMATION, INC 6104800 SUPPORT NETWORK FOR BATT 2607404 SVCN SVCN SVCN SVCN SVCN SVCN SVCN 1104300 1104300 1104300 1104300 1104300 1104300 1104300 SYSCO FOOD SERVICES OF S 5606620 Schein, Bill 550 TARGET SPECIALTY PRODUCT 1108201 TARGET STORES 5706450 TECHKNOWHOW INC 5806249 TREASURER OF ALAMEDA COU 110 UNITED WAY OF SANTA CLAR 110 VERIZON WIRELESS VERIZON WIRELESS VERIZON WIRELESS VERIZON WIRELESS VERIZON WIRELESS VERIZON WIRELESS VERIZON WIRELESS 110860Z Z308004 5Z08003 5606620 1104400 1101200 1104530 RUN DATE 05(19/05 TIME 14:29:00 -----DBSCRIPTION------ FOR 4/7-5/6/05 1(1-3(31(05 SERVICE POLAROID 600 TWINPACK 437437954 BOTTLE WTR SERVICE AGREEMENT FOR VOID APPL R#29445 VOID APPL R#29445 *PERS DEF MAY 05 DATA LINE 1/1-3/31/05 FY 2004-2005 OPEN PURC FY 2004-2005 OPEN PURC FY 2004-2005 OPEN PURC FY 2004-2005 OPEN PURC FY 2004-Z005 OPEN PURC FY 2004-Z005 OPEN PURC FY 2004-Z005 OPEN PURC FY 2004-2005 OPEN PURC Refund: Check - 55-Ali AQUATICS WORKSHOP SUPPLIES SPT CTR SERVICE AGREEMENT FOR A LOPEZ JR 566398126 UNITED WAY #408456999 APRIL2005 #408456999 APRIL2005 #408456999 APRIL2005 #408456999 APRIL2005 #408456999 APRILZ005 #408456999 APRIL2005 #408456999 APRIL2005 SALES TAX 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 - FINANCIAL ACCOUNTING PAGE B AMOUNT 90.00 719.97 2919.59 569.70 32 .07 3290.80 191.00 963.00 1154.00 3798.97 90.48 1475.00 41.25 68.75 77.00 66.00 211.75 74.Z5 44.00 583.00 1028.13 10.00 135.00 151.98 795.00 253.84 72.00 169.04 42.Z6 42.26 1Z4.37 42.26 42.26 169.06 L(-.2..J_ 05/19/05 ACCOUNTING PERIOD; 11/05 CITY OF CUPERTINO CHECK REGISTER - DISBURSEMENT FUND SELECTION CRITERIA: transact. trans_date between "05/l6/2005" and "05/20/2005" and transact. check_no<>"6l7880" FUND - llO - GENERAL FUND CASH ACCT CHECK NO ISSUE DT --------------VENDOR------------- FUND/DEPT -----DESCRIPTION------ SALES TAX l020 618092 OS/20/05 310 VERIZON WIRELESS ll07501 #408456999 APRIL2005 0.00 1020 618092 OS/20/05 310 VERI ZON WIRELESS 1107503 #408456999 APRIL2005 0.00 1020 618092 OS/20/05 310 VERIZON WIRELESS 5806649 #408456999 APRIL2005 O. 00 l020 618092 OS/20/05 310 VERIZON WIRELESS ll08005 #408456999 APRIL2005 .00 l020 618092 OS/20/05 310 VERI ZON WIRELESS 6104800 #408456999 APRIL2005 .00 l020 618092 OS/20/05 310 VERIZON WIRELESS ll08l02 #408456999 APRIL2005 0.00 1020 618092 OS/20/05 310 VERIZON WIRELESS 1108201 #408456999 APRIL200S .00 1020 618092 OS/20/05 310 VERIZON WIRELESS 1108501 #408456999 APRIL2005 O. 00 1020 618092 OS/20/05 310 VERIZON WIRELESS 1108503 #408456999 APRIL2005 0.00 1020 618092 OS/20/05 310 VERIZON WIRELESS 1108504 #408456999 APRIL2005 0.00 l020 618092 OS/20/05 310 VERIZON WIRELESS 1108505 #408456999 APRIL2005 O. 00 TOTAL CHECK 0 .00 l020 618093 OS/20/05 746 VIKING OFFICE PRODUCTS 6308840 PRINTER PAPER ROLLS 0.00 1020 618093 OS/20/05 746 VIKING OFFICE PRODUCTS 6308840 SHOP SUPPLIES 0.00 TOTAL CHECK 0.00 1020 618094 V OS/20/05 775 WESTERN PACIFIC SIGNAL L 1108602 REPAIR CONTROLLER O. 00 1020 618094 OS/20/05 775 WESTERN PACIFIC SIGNAL L 1108602 REPAIR CONTROLLER O. 00 TOTAL CHECK 0 .00 1020 618095 OS/20/05 M YANG, PI-LIEN 580 REFD: 330368 & 330367 0.00 1020 618096 OS/20/05 '" ZANKER ROAD LANDFILL 5208003 APR COMPOST DELIVERY 0.00 1020 618096 OS/20/05 '" ZANKER ROAD LANDFILL 5208003 APR YARDWASTE PROCESG 0.00 1020 618096 OS/20/05 799 ZANKER ROAD LANDFILL 5208003 APR DEBRIS BOX 0.00 TOTAL CHECK 0.00 TOTAL CASH ACCOUNT 0.00 TOTAL FUND 0.00 TOTAL REPORT 0.00 RUN DATE 05/l9/05 TIME 14:29:00 - FINANCIAL ACCOUNTING PAGE 9 AMOUNT 42 .26 215 .2' 42 .26 42 .26 47 .39 128 .13 362 .02 427 .30 84.52 310 .13 84 .52 2417 .59 12 .61 B6 .36 98. 97 -375 .00 375. 00 0 .00 750.00 300 .00 20618 .05 176. 14 21094. 19 1064073.24 1064073.24 1064073.24 C(-2J RESOLUTION NUMBER 05-089 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 20, 2005 WHEREAS, the Director of Administrative Services, or their designated representative has certified to the accuracy of the following claims and demands and to the availability of funds for payment hereof; and WHEREAS, the said claims and demands have been audited as required by law; NOW; THEREFORE, BE IT RESOLVED that the City Council hereby allows the following claims and demands in the amounts and from the funds set forth: GROSS PAYROLL $ 439,772.22 Less Employee Deductions $(128,444.45) NET PAYROLL $ 311.327.77 Payroll check numbers issued 82052 through 82279 Void check number(s) CERTIFIED: GIl--f,d (J á>I-L.-{,}-d7:~ Director of Administrative Services PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this 7th day of June ,2005, by the following vote: Vote Members of the City Council AYES: NOES: ABSENT: ABSTAIN: ATTEST: APPROVED: City Clerk Mayor, City of Cupertino f)-I I F CUPEIQ1NO city Hall 10300 Torre Avenue Cupertino, CA 95014-3255 Telephone: (408) 777-3223 FAX: (408) 777-3366 OFFICE OF THE CITY CLERK Summary AGENDA ITEM Co AGENDA DATE JUDe 7. 2005 SUBJECT AND ISSUE Adopt a resolution to amend the provisions contained in Resolution No. 04-436 to more clearly specifY information required by the Registrar of Voters related to the November 2005 election. BACKGROUND In November 2004, the Cupertino City Council adopted Resolution No. 04-436. This resolution called an election for three Council seats and three measures, requested consolidation with other Noyember elections, and requested that the Registrar of Voters conduct the election and canyass the yotes. The Registrar's Office requested that the resolution be amended to more clearly specifY instructions regarding the conduct of the election, such as the Voter Information Pamphlet including the full text of the measure and the City Attorney's impartial analysis. Corrections and additions to the original resolution are shown in italics and strike-through lettering. RECOMMENDATION (þ-090 Adopt Resolution _ amending the provisions contained in Resolution No. 04-436. Subrnitted by: Approved for submission: ~~~-a:. Kimberly S City Clerk ~ David W. Knapp City Manager Attachment: Draft resolution ~-( Printed on Recycled Paper RESOLUTION NO. 05-090 DRAFT A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO AMENDING RESOLUTION 04-436, CALLING FOR A GENERAL MUNICIPAL ELECTION TO BE HELD ON NOVEMBER 8, 2005, REQUESTING CONSOLIDATION WITH OTHER NOVEMBER ELECTIONS, AND REQUESTING THAT THE REGISTRAR OF VOTERS CONDUCT THE ELECTION AND CANVASS THE VOTES WHEREAS, November 8, 2005, is the date set by law for a general election for three seats on the city council and any city measure(s); and WHEREAS, the City Clerk is enjoined by law to take all steps necessary for the holding of said election; and WHEREAS, City Council adopted Resolution No. 04-436 calling for a general municipal election in November 2005, requesting consolidation with other November elections, and requesting the Registrar of Voters conduct the election and canvass the votes; and WHEREAS, the City Council wishes to amend the provisions contained in Resolution No. 04-436 to more clearly specifY information required by the Registrar of Voters: NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Cupertino, that the provisions adopted by Resolution No. 04-436 are amended as follows: I. A general municipal election is called for November 8, 2005, to fill the three city council seats now occupied by council members Sandra James, Dolores Sandoval, and Patrick Kwok. 2. An election will also be held on November 8 to consider an initiative measure related to housing density. The text ef the Geaeral Plaa ameaàment related to heusing deasity is attaehed as E)(hibit f.. The measure question and the full text of the measure will be printed in the Voter Information Pamphlet as shown in Exhibit A. 3. An election will also be held on November 8 to consider an initiatiye measure related to building heights. The teJlt sf the Geaeral Plaa amenàment related ts lmilding heights is attaehed as Exhibit B. The measure question and the full text of the measure will be printed in the Voter Information Pamphlet as shown in Exhibit B. 4. An election will also be held on November 8 to consider an initiative measure related to building setbacks. The teJlt sf the Geaeral Plaa arnenàmeat related te building heights is attaehed as E¡¡hibit B. The measure question and the full text of the measure will be printed in the Voter Information Pamphlet as shown in Exhibit C. 5. Arguments in favor or against the proposed measures shall be filed with the City Clerk by Thursday, August II, 2005, at 5:00 p.m. Arguments are limited to 300 words. Pursuant to Elections Code Section 9219, the persons who filed the initiative petition may file a written argument in favor of the ordinance, and the legislative body may submit an argument against the ordinance. h-;L Resolution No. 05-090 2 6. Rebuttals to arguments in favor or against the proposed measure shall be filed with the City Clerk by Thursday, August 18,2005, at 5:00 p.m. Rebuttals are limited to 250 words. 7. The City of Cupertino requests that the Registrar of V oters of Santa Clara County conduct the elections and canvass the returns. The Registrar shall be reimbursed for all costs incurred by said services. 8. The City of Cupertino requests that said elections be consolidated with other November elections and that this governing body consents to such consolidation; 9. The City Clerk is hereby authorized and directed to certifY to the adoption of this resolution and to transmit a copy hereof so certified to the Registrar of Voters and to the Board of Supervisors of Santa Clara County. 10. The City Clerk is authorized and directed to publish a notice of election within the time and in the manner specified in the California Elections Code 12111. 11. The Voter Information Pamphlet will include an impartial analysis of each measure, prepared by the City Attorney. 12. The Voter Information Pamphlet and ballots shall include "black diamond" indicators and footnote wording that explains that candidates marked with a black diamond have agreed to abide by the expenditure limits of the City of Cupertino. PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this 7th day of June 2005 by the following vote: Vote Members of the City Council AYES: NOES: ABSENT: ABSTAIN: ATTEST: APPROVED: City Clerk Mayor, City of Cupertino & ~3 Resolution No. 05-090 3 EXHIBIT A MEASURE QUESTION: Shall the City of Cupertino adopt an amendment to the General Plan concerning housing density? YES NO FULL TEXT OF MEASURE WORDING: Part I: Title and Effect Amendment to the General Plan Concerning Housing Density Part II: Purpose and Findings The people of the City of Cupertino find and declare as follows: 1. The Cupertino City Council frequently approves amendments to the General Plan and permits developments which are turning our city into more of an urban center. 2. The recent and rapid increase in building heights and densities is significantly changing our small town character and negatiyely impacting our quality oflife. 3. Continued rapid growth is also a concern to the people of the city because it would affect the city's ability to provide adequate public facilities to meet the requirements of that growth. 4. Sensible growth management, such as is contained in this initiatiye amendment, will help ensure more responsible growth and help preserve the suburban character of Cupertino. Part III: Growth Controls Subject to the exceptions listed below, permits for additions, alterations, and/or new construction of mixed-use facilities and/or residences shall limit the density to a maximum of 15 dwelling units per net acre. As used herein, "net acre" refers to the area of a site contained within the property lines, excluding any portion of a site within the right of way of a public street. An exception to this provision may be granted only if first approved by city voters in an election. Part IV: Exceptions A. Vallco Park The Vallco Park Planning District is defined as the area between Wolfe Road and Tantau Road, and between Homestead Road and Stevens Creek Boulevard. This area includes those portions of the streets themselves (i.e. Wolfe Road, Tantau Road, Homestead Road and Stevens Creek Bouleyard), which make up its perimeter. b~'-( Resolution No. 05-090 4 The Vallco Park Planning District is exempt from the limitations in this amendment except that permits for additions, alterations, and/or new construction of mixed-use facilities and/or residences shall limit the density to a maximum of 30 dwelling units per net acre. B. Residential Single, duplex, triplex, and fourplex, as defined as of I February 2004, are exempted from the limitations in this amendment. c. Existing Buildings Existing buildings may be rebuilt, undergo alteration, or be expanded, provided that (I) they do not exceed their original housing densities or (2) they comply with the limitations in this amendment. Part V: Existing Law This amendment shall be an addendum to the general plan and shall supersede any contrary provision to the general plan and any ordinance now in effect, or ever adopted in the future, except that yoters may directly repeal or alter this amendment in an election. Part VI: Severability If any provision of this amendment, or application of any such provision to any person or circumstances, shall be held invalid, the remainder of this amendment to the extent it can be given effect, or the application of such provision to persons or circumstances other than those as to which it is held invalid, shall not be affected thereby. Part VII: Additional Requirements Nothing in this amendment prevents the Cupertino City Council, or an existing law, from imposing stricter limitations on the issuance of building permits than provided for in this amendment. &-s- Resolution No. 05-090 5 EXHIBIT B MEASURE QUESTION: Shall the City of Cupertino adopt an amendment to the General Plan concerning building heights? YES NO FULL TEXT OF MEASURE: Part I: Title and Effect Amendment to the General Plan Concerning Building Height Part II: Purpose and Findings I. The Cupertino City Council frequently approves amendments to the General Plan and permits developments which are turning our city into more of an urban center. 2. The recent and rapid increase in building heights and densities is significantly changing our small town character and negatively impacting our quality oflife. 3. Continued rapid growth is also a concern to the people ofthe city because it would affect the city's ability to provide adequate public facilities to meet the requirements of that growth. 4. Sensible growth management, such as is contained in this initiative amendment, will help ensure more responsible growth and help preserve the suburban character of Cupertino. Part III: Growth Controls Subject to the exceptions listed below, permits for additions, alterations, and/or new construction of offices, cornmercial properties, industrial facilities, hotels, residences and/or mixed-use facilities shall require building heights not to exceed a maximum height of36 feet. The height is measured from grade level to the highest point of the building structure. An exception to this proyision may be granted only if flIst approved by city voters in an election. Part IV: Exceptions A. Vallco Park The Vallco Park Planning District is defined as the area between Wolfe Road and Tantau Road, and between Homestead Road and Stevens Creek Boulevard. This area includes those portions of the streets themselves (i.e. Wolfe Road, Tantau Road, Homestead Road and Stevens Creek Bouleyard), which make up its perimeter. ~-~ Resolution No. 05-090 6 The Vallco Park Planning District is exempt from the limitations in this amendment except that permits for additions, alterations, and/or new construction of offices, commercial properties, industrial facilities, hotels, residences and/or mixed-use facilities shall require building heights not to exceed 45 feet. The height is measured from grade leyel to the highest point of the building structure. B. Wolfe Road Commercial Corridor The Wolfe Road Commercial Corridor is the area within 500 feet of the centerline of Wolfe Road, starting at the point 500 feet north of Stevens Creek Boulevard on its southern end and extending northward to Highway 280. The Wolfe Road Commercial Corridor is exempt from the limitations in this amendment except that permits for additions, alterations, and/or new construction of residences and/or mixed-use facilities shall require that building heights not exceed 45 feet. C. Residential Single, duplex, triplex, and fourplex units, as defrned as of I February 2004, are exempted from the limitations in this amendment. D. Existing Buildings Existing buildings may be rebuilt, undergo alteration, or be expanded, provided that (I) they do not exceed their original heights and setbacks or (2) any added portions of their structures comply with the limitations in this amendment. Part V: Existing Law This amendment shall be an addendum to the general plan and shall supersede any contrary provision to the general plan and any ordinance now in effect, or ever adopted in the future, except that voters may directly repeal or alter this amendment in an election. Part VI: Severability If any provision of this amendment, or application of any such provision to any person or circumstances, shall be held invalid, the remainder of this amendment to the extent it can be given effect, or the application of such provision to persons or circumstances other than those as to which it is held invalid, shall not be affected thereby. Part VII: Additional Requirements Nothing in this amendment prevents the Cupertino City Council, or any existing law, from imposing stricter limitations on the issuance of building permits than provided for in this amendment. &-7 Resolution No. 05-090 7 EXHIBIT C MEASURE QUESTION: Shall the City of Cupertino adopt an amendment to the General Plan concerning building setbacks? YES NO FULL TEXT OP MEASURE: Part I: Title and Effect Amendment to General Plan Concerning Setbacks Part II: Purpose and Findings The people of the City of Cupertino find and declare as follows: I. The Cupertino City Council frequently approves amendments to the General Plan and permits developments which are turning our city into more of an urban center. 2. The recent and rapid increase in building heights and densities is significantly changing our small town character and negatively impacting our quality of life. 3. Continued rapid growth is also a concern to the people of the city because it would affect the city's ability to provide adequate public facilities to meet the requirements of that growth. 4. Sensible growth management, such as is contained in this initiative amendment, will help ensure more responsible growth and help preserve the suburban character of Cupertino. Part III: Growth Controls Subject to the exceptions listed below, permits for additions, alterations, and/or new construction of offices, commercial properties, industrial facilities, hotels, residences and/or mixed-use facilities shall require buildings to have minimum street setbacks of 35 feet, or the distance determined from a 1.5 to I slope line ratio measured from the nearest curb line(s) of adjacent public street(s), whichever is greater. An exception to this provision may be granted only if first approved by city voters in an election. Part IV: Exceptions A. Vallco Park The Vallco Park Planning District is defined as the area between Wolfe Road and Tantau Road, and between Homestead Road and Stevens Creek Boulevard. This area includes those portions of the streets themselves (i.e. Wolfe Road, Tantau Road, Homestead Road and Stevens Creek Boulevard), which make up its perimeter. ~-ð Resolution No. 05-090 8 The Valko Park Planning District is exempt from the limitations in this amendment except that permits for additions, alterations, and/or new construction of offices, commercial properties, industrial facilities, hotels, residences and/or mixed-use facilities shall require that buildings have minimum street setbacks in accordance with I to I slope line ratios measured from the nearest curb line( s) of a public street( s). B. Wolfe Road Commercial Corridor The Wolfe Road Commercial Corridor is the area within 500 feet of the centerline of Wolfe Road, starting at the point 500 feet north of Stevens Creek Boulevard on its southern end and extending northward to Highway 280. The Wolfe Road Commercial Corridor is exempt from the limitations in this amendment except that permits for additions, alterations, and/or new construction ofresidences and/or mixed-use facilities shall require that buildings have minimum street setbacks in accordance with I to I slope line ratios measured from the nearest curb line(s) of a public street(s). C. Residential Single, duplex, triplex, and fourplex units, as defined as of I February 2004, are exempted from the limitations in this amendment. D. Existing Buildings Existing buildings may be rebuilt, undergo alteration, or be expanded, provided that (1) they adhere to their originally authorized setbacks or (2) any added portions of their structures comply with the limitations in this amendment. Part V: Existing Law This amendment shall be an addendum to the general plan and shall supersede any contrary provision to the general plan and any ordinance now in effect, or ever adopted in the future, except that voters may directly repeal or alter this amendment in an election. Part VI: Severability If any provision of this amendment, or application of any such provision to any person or circumstances, shall be held invalid, the remainder of this amendment to the extent it can be given effect, or the application of such provision to persons or circumstances other than those as to which it is held inyalid, shall not be affected thereby. 0-9 Resolution No. 05-090 9 Part VII: Additional Requirements Nothing in this amendment prevents the Cupertino City Council, or any existing law, from imposing stricter limitations on the issuance of building permits than provided for in this amendment. 0-10 "'.",",, I Ij\~-3 _ J d , ---;~ . City Hall 10300 Torre Ave. Cupertino. CA 95014 (408) 777-3262 FAJ(:(408)777-3366 F CUPEIQ1NO Public InfonnatÍon Office AGENDA ITEM ., Date: June 7, 2005 SUMMARY Subject: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO IN RECOGNITION OF MONTA VISTA mGH SCHOOL BEING RATED THE FIFTY-SEVENTH BEST mGH SCHOOL IN THE NATION. Background: On May 3,2005, NEWSWEEK published its list of the one thousand top secondary schools in the United States. As a college degree becomes ever more essential in the workplace, much of high-school reform centers on getting as many students as possible ready for higher education. It is with this in mind that the NEWSWEEK List tries to rank schools based on participation in Adyanced Placement (AP) and International Baccalaureate (18) tests written and graded by outside experts. In these courses, students prepare for the demands of college and can earn college credit if their scores are high enough. NEWSWEEK omitted schools with strict academic admission standards that exclude ayerage students. Although there is much debate about the value of standardized tests and AP in particular, NEWSWEEK's List is based on the premise that no other standard works as well to measure a high school's success at challenging all students to perform at a high level. AP is the better known of the two programs and is used all over the country. m is less common. It is a series of college-level courses and tests, similar to AP, originally designed in Geneya for the children of diplomats and international business executiyes preparing for baccalaureate exams but now used in a range of U.S. schools to energize students. The measure is controyersial, but students who take AP exams, eyen if they don't do well, are better prepared than those who don't. Based on this standard, both in 2003 and 2005, NEWSWEEK has conducted surveys of the 27,468 public high schools public high schools throughout the United States. In both surveys, Monta Vista has ranked among the 100 best high schools in the nation. Between 2003 and 2005, Monta Vista High School went so far as to improve its ranking from 88th to 57th. Recommendation: The City Council adopt the attached resolution recognizing the educational and professional excellence of the many people that haye contributed to this success of this local school. Approved for Submittal Rick Kitson Public Information Officer -»J~ David Knapp City Manager '7-/ Printed on Recycled Paper DRAFT RESOLUTION NO. 05-091 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO IN RECOGNITION OF MONT A VISTA HIGH SCHOOL BEING RATED THE FIFTY- SEVENTH BEST HIGH SCHOOL IN THE NATION. WHEREAS, on May Third, Two Thousand and Five, Newsweek Magazine published its list of the one thousand top secondary schools in the United States; and WHEREAS, public schools on this list are ranked according to a ratio of the number of Advanced Placement or International Baccalaureate tests taken by all students at a school in 2004 divided by the number of graduating seniors; and WHEREAS, in Two Thousand and Three, Monta Vista had ranked eighty-eighth in the nation, according to the most recent list, Monta Vista now ranks fifty-seventh among the nation's 27,468 public high schools. NOW, THEREFORE, BE IT RESOLVED that the Cupertino City Council enthusiastically acknowledges the diligent effort of the many remarkable people that have contributed to the educational excellence ofthis high school and community. PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this 7th day of June 2005, by the following vote: Vote Members of the City Council AYES: NOES: ABSENT: ABSTAIN: ATTEST: APPROVED: City Clerk Mayor, City of Cupertino 7-2 A~Th.<.1 ÎJi~ ~~ City HBll 10300 Torre Ave. Cupertino, CA 95014 (408) 777-3262 FAJ<:(408)777-3366 I F CUPEIQ1NO Public Information Office AGENDA ITEM g Date: June 7, 2005 SUMMARY Subject: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO IN RECOGNITION OF THE FREMONT UNION HIGH SCHOOL DISTRICT FOR HAVING TWO HIGH SCHOOLS RANKED AMONG THE BEST IN THE NATION. Background: On May 3,2005, NEWSWEEK published its list of the one thousand top secondary schools in the United States. As a college degree becomes ever more essential in the workplace, much of high-school reform centers on getting as many students as possible ready for higher education. It is with this in mind that the NEWSWEEK List tries to rank schools based on participation in Adyanced Placement (AP) and International Baccalaureate (m) tests written and graded by outside experts. In these courses, students prepare for the demands of college and can earn college credit if their scores are high enough. NEWSWEEK omitted schools with strict academic admission standards that exclude ayerage students. Although there is much debate about the yalue of standardized tests and AP in particular, NEWSWEEICs List is based on the premise that no other standard works as well to measure a high school's success at challenging all students to perform at a high level. AP is the better known of the two programs and is used allover the country. m is less common. It is a series of college-level courses and tests, similar to AP, originally designed in Geneya for the children of diplomats and international business executiyes preparing for baccalaureate exams but now used in a range of U.S. schools to energize students. The measure is controyersial, but students who take AP exams, eyen if they don't do well, are better prepared than those who don't. Based on this standard, both in 2003 and 2005, NEWSWEEK has conducted surveys of the 27,468 public high schools public high schools throughout the United States. In both surveys, both Lynbrook and Monta Vista haye ranked among the best high schools in the nation. Recommendation: The City Council adopt the attached resolution recognizing the educational and professional excellence of the many people that haye contributed to the success of our local high school district. SUblRl.. 'tted~': /. /~Jr¿ Approyed for Submittal Rick Kitson Public Information Officer ~ David Knapp City Manager f-I Printed on Recycled Paper DRAFT RESOLUTION NO. 05-092 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO IN RECOGNITION OF THE FREMONT UNION HIGH SCHOOL DISTRICT FOR HAVING TWO HIGH SCHOOLS RANKED AMONG THE BEST IN THE NATION. WHEREAS, on May Third, Two Thousand and Five, Newsweek Magazine published its list of the one thousand top secondary schools in the United States; and WHEREAS, public schools on this list are ranked according to a ratio of the number of Advanced Placement or International Baccalaureate tests taken by all students at a school in 2004 divided by the number of graduating seniors; and WHEREAS, in this year's survey, both Lynbrook and Monta Vista have ranked among the very best among the nation's 27,468 public high schools. NOW, THEREFORE, BE IT RESOLVED that the Cupertino City Council enthusiastically acknowledges the diligent effort of the many remarkable people that have contributed to the educational excellence of these high schools and to the high school district. PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this 7th day of June 2005, by the following yote: Vote Members of the City Council AYES: NOES: ABSENT: ABSTAIN: ATTEST: APPROVED: City Clerk Mayor, City of Cupertino f-;¿ RESOLUTION 05-093 DRAFT A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO AUTHORIZING AN EFFORT TO RESTORE TAX EQUITY ALLOCATION FORMULA TO 100% WHEREAS, Proposition 13 limited property taxes to I % of assessed valuation. AB8 was passed a few years later implementing Prop 13, and stipulated that the agencies that shared in a tax rate area before Prop 13 would continue to share at the same percentage; and WHEREAS, Tax Equity Allocation (TEA) legislation was passed in the late 1980's to provide relief for smaller cities, which historically taxed their citizens at a lower rate. These cities were called "low/no tax cities". In Santa Clara County, low/no tax cities are: Saratoga, Cupertino, Los Altos Hills and Monte Sereno; and WHEREAS, when this legislation was first enacted, it guaranteed all cities in California 7% of the I % property tax, and was tied to county trial court funding. Each county was given the option of participating in the trial court funding program, with the requirement that the TEA Program for low/no tax cities be implemented. In Santa Clara County the amount ofreyenues the County received from trial court funding did not offset the amount it lost transferring TEA revenues to the cities; and WHEREAS, Senator Vasconcellos representing much of Santa Clara County, authored an amendment limiting the four low/no tax cities in Santa Clara to 55% of what other low/no tax cities in the state received. The four low/no tax cities in Santa Clara County are the only cities in the state affected by this legislation; and WHEREAS, since that time, trial court funding to the counties has increased many times, offsetting any losses to the County. Furthermore, trial court funding is no longer tied to the TEA pass-through requirement; and WHEREAS, because of the increased financial stress our cities are under, we have an obligation to our citizens to recoyer the full TEA allocation to fund local city programs an services; and NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Cupertino authorizes an effort to recover 100% of the Tax Equity Allocation formula. BE IT FURTHER RESOLVED, that cooperation with the three other affected cities is necessary to effect this change. BE IT FURTHER RESOLVED that the City Council of the City of Cupertino encourages the cities of Saratoga, Los Altos Hills and Monte Sereno to participate in an effort to restore the Tax Equity Allocation formula to 100%. q-{ Resolution No. 05-093 PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this 7th day of June 2005, by the following vote: Vote Members of the City Council AYES: NOES: ABSENT: ABSTAIN: ATTEST: City Clerk APPROVED: Mayor, City of Cupertino 2 1-;L 'Thl ·I'\~ /~ 'I , . CUPEIQ1NO Parks and Recreation Department CITY COUNCIL STAFF REPORT Agenda Item Number ß-.- Agenda Date: June 7, 2005 ISSUE Approval of the Community Special Events Policy for the Civic Center Plaza. BACKGROUND On May 17, 2005, the City Council considered the issue off or-profit use of Civic Center Plaza and opted to issue special event permits only to nonprofit organizations. The policy has been edited to reflect this decision. To address other concerns, the policy states that: · Event organizers are required to provide written notification of the event to adjacent neighbors and businesses 30 days in advance of the event, and flyers will be placed in the Library · An adequate offsite parking plan must be submitted in writing before the event application can be approved · Staff, in response to a request from Council, will continue to add the dates of proposed events to the City calendar, and to the schedule included in weekly "Items of Interest" To give Council as much advance notice of events as possible, staff will post dates as soon as applications are received. Note: There have already been successful events at Civic Center Plaza, and planning for the 50th Jubilee is well underway. These event sponsors were not subject to Parks and Recreation Commission and City Council review, as will be required of new event sponsors under this policy. We will ask that these event sponsors present to the Parks and Recreation Commission and City Council next year, as new events, if they choose to repeat the eyent, so that the policy is applied consistently. 10-1 Printed on Recycled Paper June 7, 2005 Page 2 of2 RECOMMENDATION It is recommended that Council adopt the Community Special Events at Civic Center Plaza Policy. Respectfully submitted: Approved for submission to City Council: /f·bvL--- Therese Ambrosi Smith, Director Parks and Recreation Department ~ Dayid W. Knapp, City Manager g:\parks and recreation admin\special events\staff reports\civic center policy 06070S.doc [0-2- City of Cupertino Community Special Events at Civic Center Plaza Policy PURPOSE The purpose of this policy document is to establish policies and procedures regarding the exclusive use of the Civic Center Plaza, or significant portions thereof, for community special events. DEFINITIONS I. Civic Center Plaza includes: The area bordered by City Hall, the Community Hall, the Library and Torre Avenue, and parking and appurtenant areas that may be needed to stage an event. 2. Community Special Events: are those community events which require the exclusive use of all, or a significant portion of, the Civic Center Plaza, for specified periods of time. 3. Significant Portion of the Civic Center Plaza means that portion of the Ciyic Center Plaza, the exclusive use of which will cause one or more of the following conditions: a) Foreseeable interference with the normal flow of pedestrian or vehicular traffic b) The requirement of special regulation or waiver of the usual traffic controls c) The foreseeable generation of a crowd of spectators sufficient in size to obstruct, delay or interfere with the normal flow of pedestrian or vehicular traffic d) The foreseeable generation of a crowd of spectators sufficient in size to restrict access to public buildings and structures or which will require special police regulation POLICIES I. The City encourages special community events and activities sponsored by local nonprofit organizations that benefit the community. 2. The City acknowledges that various community and local groups and organizations plan, organize, and implement special community events. 3. The sponsor of the event must submit an application for exclusive use of Civic Center Plaza, or significant portion thereof, to the Parks and Recreation Director up to one year before, and no later than six (6) months prior to the event date. 4. Special community event applications for new events shall be reviewed by the City Parks and Recreation Commission and approved by the City Council. All event sponsors (new and returning) shall be responsible for payment of all costs incurred in administering the application and shall be responsible for obtaining all necessary permits and licenses required for the event. Community Special Events at Civic Center Plaza Policy Page 1 00 June 7, 2005 ro- 3 5. The City Council may consider applications based upon the following guidelines: a) Is the eyent sponsor a local nonprofit organization? b) Will the event provide cultural, social, recreational or educational activities for Cupertino residents or businesses? c) Will the event create adverse physical impacts on Cupertino businesses and residents? d) Will the event unreasonably conflict with the operation of any public building or structure in the area? e) Will the event benefit charitable or educational organizations that provide services to Cupertino residents or businesses? f) If the case of a returning event, did the event in previous years comply with City policies and laws? 6. In addition to complying with this Special Events Policy, sponsors shall also comply with all applicable laws, ordinances, and regulations. 7. The Director of Parks and Recreation will have additional authority to add special conditions for exclusive use as may be necessary to accommodate anyeyent. SPECIAL CONDITIONS Upon the City Council's approval of the special eyent application, event organizers shall meet with City staff from Public Works and Parks and Recreation Departments to review special conditions for exclusive use of Civic Center Plaza. Special event groups must provide: I. Insurance for public liability, automobile liability and workers compensation liability as outlined in the City's special event insurance packet. 2. Event set-up shall begin no earlier than 7 a.m. and all activity must cease by 10 p.m. Vendors will be permitted to unload supplies and equipment from Torre Avenue. 3. Event volunteers will monitor parking. 4. Tents will be erected using the barrel method. The longest stakes allowed will be 6-inch stakes. 5. Day-of-event promotional signs may be displayed on the interior of Civic Center Plaza. Signs may not be placed on the sidewalk area or public right of way. 6. Event advertisement in Civic Center Plaza may be placed no earlier than two weeks before the event. Tying of banners to park trees is not allowed. Community Special Events at Civic Center Plaza Policy Page 2 00 June 7, 2005 IO-L( 7. Additional trash and recycle containers and dumpsters may be needed in Civic Center Plaza. Organizers are responsible for emptying trash receptacles in Civic Center Plaza on event days. 8. An eyent layout must be submitted in writing fourteen (14) days prior to eyent. 9. An adequate off-site parking plan must be submitted in writing prior to approval of the event permit. 10. Event organizers are required to hire a Sheriffs Deputy to patrol the plaza during the event. The deputies shall enforce city ordinances. II. Portable toilets and ADA portable toilets may be required. 12. Event organizers are required to provide written notification of the event to adjacent neighbors and businesses 30 days in adyance of the eyent, and flyers will be placed in the library. 13. Only water-soluble material for marking booth space may be used. 14. The City must approve the number of booths. Organizers must obtain a Festival and Fair Permit from County of Santa Clara Department of Environmental Health and an Outdoor Fairs Permit from Santa Clara County Fire Department. 15. Festival organizers must provide, in advance of festival date, the "City of Cupertino Regulations for Festivals" to all festival vendors. O:\Parks and Recreation Admin\POLlCIES\Civic Center Plaza Spec. Event Policy 060705.doc Community Special Events at Civic Center Plaza Policy Page 3 00 June 7, 2005 (0 -S- /",-::--.1 i~,'1 uc-'..J . City Hall, 10300 Torre Avenue Cupertino, CA 95014-3255 Telephone: (408) 777-3223 FAX: (408) 777-3366 F CUPEIQ1NO OFFICE OF THE CITY CLERK Agenda Item No. \ I MEETING DATE: June 7, 2005 SUBJECT Consider objections to the proposed removal of brush, and adopt a resolution ordering the abatement of a public nuisance (city-wide brush abatement) pursuant to provisions of Ordinance No. 724 and Resolution No. 05-083. BACKGROUND On May 17, 2005, Council adopted Resolution No. 05-083 setting a hearing to consider any objections of property owners to the proposed removal of brush. After adoption of that resolution the Santa Clara County Fire Marshall's Office and the Cupertino City Clerk's Office sent notice of the abatement program and hearing to the property owners on the notification list. A copy of the notice is attached. ST AFF RECOMMENDATION Note protest(s) and adopt Resolution No. 05-094 ordering abatement of public nuisance (brush). Submitted by: Approved for submission to the City Council: }UL David W. Knapp, City Manager Printed on Recycled Paper 11-1 DRAFT RESOLUTION NO. 05-094 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO ORDERING ABATEMENT OF PUBLIC NUISANCE PURSUANT TO PROVISIONS OF ORDINANCE NO. 724 AND RESOLUTION NO. 05-083 WHEREAS, the City Council has declared that the growth of brush upon the private properties as described in Resolution No. 05-083 to be a public nuisance; and WHEREAS, after due notice, a public hearing thereon was held at the regular meeting of the City Council on June 7, 2005; and WHEREAS, from the evidence presented, both oral and written, it appears to be in the best interests of the City to acquire jurisdiction over and abate said nuisance. NOW, THEREFORE, BE IT RESOLVED: I. That the Office of the Agricultural Commissioner is hereby ordered to abate such nuisance or cause the same to be abated by having the brush referred to destroyed or removed by cutting, discing, chemical spraying or any other method determined by him; that all debris, whether in piles or scattered, be hauled away; 2. That the Agricultural Commissioner and his deputies, assistants, employees, contracting agents or other representatives shall have express authorization to enter upon said private properties for the purpose of causing said public nuisance to be abated; and 3. That any affected property owners shall have the right to destroy or remove such brush or debris himself or herself or have the same destroyed or removed at his/her own expense provided that such destruction or removal shall have been completed prior to the arrival of the Office of the Agricultural Cornmissioner or his authorized representative to destroy or remove them. BE IT FURTHER RESOLVED: I. That the Office of the Agricultural Commissioner shall keep account of abating said nuisance and embody such account in a report and assessment list to the City Council, which shall be filed with the City Clerk. 2. Said reports of costs, hearing and collection procedures involved shall be provided as stated in Ordinance No. 724. 11- :¿ Resolution No. 05-094 2 PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino on the 7th day of June 2005, by the following vote: Vote Members of the City Council AYES: NOES: ABSENT: ABSTAIN: ATTEST: APPROVED: City Clerk Mayor, City of Cupertino ((-] 95014-4814 Page 1 CA 2005 BRUSH PROGRAM City of Cupertino 11496 LINDY PI 356-24-007 KASIK MARTIN A & SHARON K 11496 Lindy Place Cupertino - - I -c.. - - - - 1 Records Santa Clara County Hazardous Vegetation Management Program Dear property owner, Your property located in the hillside area was recently inspected by Santa Clara County Fire Department personnel and found to not be in satisfactory compliance with the Hazardous Fire Area safety regulations. Enclosed is a copy of a notice that was left at the residence and indicates the corrections that are necessary. Please note that a public hearing will be held during the City of Cupertino Council meeting on June 7, 2005 at 6:45 p.m. At that time, or as soon thereafter as the matter can be heard, all properties identified by the Fire Department as being non-compliant with Hazardous Fire Area safety regulations will be declared to haye hazardous conditions requiring abatement. An additional inspection of all identified properties will be conducted after the hearing and prior to ordering any abatement work. If your property is found to be in compliance at the time of the re-inspection or upon the arrival of the abatement contractor, no work will be done and no charges will be imposed. If the compliance work identified for your property involyes brush or weed removal, you may request the services of the approved County of Santa Clara abatement contractor. If you are interested in this service, please call the Hazardous Vegetation Service line at (408) 282-3145 to request more information and/or to schedule an inspection appointment for a cost estimate. If you should haye any questions about the information on this notice, please contact the Santa Clara County Department of Agriculture, Hazardous Vegetation Management Program at (408) 282-3123. /(-) CUPEIQ1NO Notice To Destroy Brush NOTICE IS HEREBY GIVEN that on May 17, 2005, pursuant to the provisions of Section 9.08 of the Cupertino Municipal Code, the Cupertino City Council passed a resolution declaring that all brush growing on certain described property to be a public nuisance and setting hearing for objections to proposed removal growing upon any private property or in any public street or alley, as defined in Section 9.08.010 of the Cupertino Municipal Code constitute a public nuisance, which nuisance must be abated by the destruction or removal thereof. NOTICE IS FURTHER GIVEN that property owners shall without delay, remoye all such brush from their property and the abutting half of the street in front and alleys, if any, behind such property and between the lot lines thereof as extended, or such brush will be destroyed or removed and such nuisance abated by the County Agricultural Commissioner, in which case the cost of such destruction or removal will, including but not limited to administration costs, be assessed upon the lots and lands from which, or from the front or rear of which, such brush shall have been destroyed or removed and such cost will constitute a lien upon such lots or lands until paid and will be collected upon the next tax roll upon which general municipal taxes are collected. All property owners having any objections to the proposed destruction or removal of such brush are hereby notified to attend a meeting of said City to be held in the Council Chamber of the Community Hall, located at 10350 TOITe Ave., Cupertino, California, on Tuesday, June 7, 2005 at 6:45 p.m., or as soon thereafter as the matter can be heard, when their objections will be heard and given due consideration. /s/ Kimberly Smith City Clerk /1-0 City of Cupertino 10300 Torre Avenue Cupertino, CA 95014 (408) 777-3308 Fax: (408) 777-3333 F CUPERJINO Community Development Department Summary Agenda Item No. (.:L Agenda Date: TUNE 7, 2005 Application: M-2005-01 Applicant (s): Greg Bunker/Tom Sloan Property Location: 1375 South De Anza Boulevard RECOMMENDATION The City Council can take any of the following actions: 1) Uphold the appellant's appeal of M-2005-01 and delete Condition #13; Or 2) Deny the appeal and uphold the Planning Commission's decision; Or 3) Continue the application and request additional information from the appellant. Environmental Assessment: Categorically Exempt Application Summary: Consider an appeal of the Planning Commission's approval of Application No. M-2005- 01 to modify a condition of approyal that requires proYiding additional parking stalls on the adjacent property for Use Permit U-2003-03 (construction of six condominiums and the addition of 1,825 square feet to an existing retail building). The applicant is Gregg Bunker. The project is located at 1375 South De Anza Boulevard, APN 366-19- 071 BACKGROUND: On July 14, 2003, the Planning Commission approved six new condominium units toward the rear of the project site and approximately 1,825 square feet of new retail space on the existing Wolf Camera building (U-2003-03). One of the conditions (Condition #13) of the project requires the applicant to stripe 20 stalls on the adjacent commercial property (Yamagami Nursery) to address the incidental parking rights claimed by the adjacent property owner (Yamagami Trust). At the Planning {.L -( M - 2005-01 Page 2 Wildflower CondomiIÚums June 7, 2005 Commission meeting of April 12, 2005 and April 26, 2005, the applicant requested that this condition be deleted. Instead of deleting the condition, the Commission modified the condition per staff and the City Attorney's recommendation (discussed below). The applicant is appealing the Commission's decision. DISCUSSION: The fundamental concern of the project is that there currently exist recorded easements between the project site and the adjacent commercial property for the purposes of ingress, egress and parking. The adjacent property owner is concerned that the new development on the project site will compromise their customers' ability to park on that site. Condition #13 requires 20 extra parking stalls be provided, prior to the issuance of building permits, (beyond the 34 stalls proposed) either on the project site or on the adjacent commercial property to offset the potential displacement of the incidental parking privilege. This condition was agreeable to both property owners at the time of the approval. Since then, the applicant was unable to obtain permission or an agreement from the adjacent commercial property owner to stripe the 20 stalls. On April 26, 2005, the Commission modified condition #13 by deleting the requirement to pave the extra 20 parking stalls and instead required the applicant to work with the adjacent commercial property owner to clarify the parking easement language by obtaining a written confirmation from the Yamagami Trust (or representatiyes thereof) that they have no objections to the project as planned, specifically relating to incidental parking rights. Please refer to prior Planning Commission staff reports (Exhibit B) for additional discussions on the project. APPLICANT'S APPEAL: The appellants, Tom Sloan & Greg Bunker, state that Condition #13 as modified by the Planning Commission is unreasonable, arbitrary and capricious, which constitutes an unlawful delegation of City's police power. The appellant further state that the modified condition solely places the final approval in the hands of the adjacent property owner (Yamagami Trust). The appellants are requesting that the City Council delete Condition #13 completely. 5 taff Response: Project parking impacts and implications are within the City's purview when reviewing a development proposal. In addition, sharing access and incidental parking is a common occurrence between commercial properties with shared parking lot access or driveways. In this case, the parking easement language recorded between the project parcel and the adjacent commercial property is vague and needs to be clarified. Since the parking easement involves two private parties, the City cannot interpret or clarify the easement languages. The City also cannot dictate or adjudicate the terms and u- ~ l... M-2005-0l Page 3 Wildflower Condominiums June 7, 2005 conditions of any private agreements involving the shared parking issue between private properties. The intent of Condition 13 is to require the applicant to work with the adjacent commercial property owner to clarify the parking easement by obtaining a written confirmation from the Yamagami Trust that the parking issue has been addressed. In short of satisfying this condition, the appellants were presented with the following options outside of the purYiew of the City: . Obtain a court clarification of the parking easernent; or . Obtain a title insurance from a title company insuring that the project property has no parking easement encumbrance on it and the City shall be named as the beneficiary of the insurance. The title insurance shall be reviewed and approved by the City Attorney. The appellants have submitted a 26-page fax after the staff report has been prepared. The fax has been attached to the staff report (Exhibit E) and will be discussed by the appellant at the Council meeting. ENCLOSURES Exhibit A: Planning Commission Resolution Exhibit B: Planning Commission Staff Report (w / attachments), April 12, 2005 & April 26,2005 Exhibit C: Appeal Justification Letter From The Appellants Exhibit D: Planning Commission Meeting Minutes April 26, 2005 (April 12, 2005 minutes will be available at the hearing) Exhibit E: 26-page Fax From The Appellants Prepared by: Gary Chao, Assistant Planner Approved by: Steve Piasecki Director, Community Development /~ David W. Knapp City Manager /2-] M-2005-01 CITY OF CUPERTINO 10300 Torre Ayenue Cupertino, California 95014 RESOLUTION NO. 6297 OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO TO MODIFY A CONDITION OF APPROVAL THAT REQUIRES PROVIDING ADDITIONAL PARKING STALLS ON THE ADJACENT PROPERTY FOR USE PERMIT U- 2003-03 (CONSTRUCTION OF SIX CONDOMINIMUMS AND THE ADDITION OF 1,825 SQUARE FEET TO AN EXISTING RETAIL BUILDING). SECTION I: PROTECT DESCRIPTION Application No(s): Applicant: Location: M-2005-01 Tom Sloan (Wolf Camera) 1375 South De Anza Bouleyard SECTION II: FINDINGS FOR A MODIFICATION TO A USE PERMIT WHEREAS, the Planning Commission of the City of Cupertino received an application for a Modification to a Use Permit, as described in Section II. of this Resolution; and WHEREAS, the necessary public notices have been giyen 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 not satisfied the following requirements: 1) The proposed use, at the proposed location, will not be detrimental or injurious to property or improvements in the vicinity, and will not be detrimental to the public health, safety, general welfare, or convenience; 2) The proposed use will be located and conducted in a manner in accord with the Cupertino Comprehensive General Plan and the purpose of this title. NOW, THEREFORE, BE IT RESOLVED: That after careful consideration of maps, facts, exhibits, testimony and other evidence submitted in this matter, the application for Modification to a Use Permit (U-2003-03) is hereby approved. That the subconclusions upon which the findings and conditions specified in this resolution are based are contained in the public hearing record concerning Application No(s). M-2005- I :l.-l( Resolution No. 6297 Page 2 M-2005-01 April 26, 2005 01, as set forth in the Minutes of the Planning Commission Meeting of April 26, 2005, and are incorporated by reference as though fully set forth herein. SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT DEPT. 13. INCIDENTAL PARKING: The applicant shall obtain a written confirmation from the Yamagami Trust (or representatives thereof) that they have no objections to the project as planned specifically relating to the incidental parking privileges prior to issuance of building permits. PASSED AND ADOPTED this 26th day of April 2005, at a Regular Meeting of the Planning Commission of the City of Cupertino, State of California, by the following roll call vote: AYES: NOES: ABSTAIN: ABSENT: COMMISSIONERS: Giefer; Vice-Chair Miller, Saadati and Chairperson Wong COMMISSIONERS: COMMISSIONERS: Chen COMMISSIONERS: ATTEST: APPROVED: Steve iasecki Director of Community Development //-~ Gilbert ong, Chairpers Cupertino Planning Co lSSlOn G:\Planning\PDREPORT\RES\M-2005-01 res.doc /2-j CITY OF CUPERTINO 10300 Torre Avenue, Cupertino, California 95014 DEPARTMENT OF COMMUNITY DEVELOPMENT REPORT FORM Application: M-2005-01 Applicant: Tom Sloan Owner: Gregg Bunker Location: 1375 South De Anza Bouleyard Agenda Date: April 26, 2005 Application Summary: Modification to delete a condition of approval that requires providing additional parking stalls on the adjacent property for use permit U-2003-03 (construction of six condominiums and the addition of 1,825 square feet to an existing retail building). RECOMMENDATION: Staff recommends that the Planning Commission modify the condition in accordance with the attached mode' _L'-'~_ BACKGROUND: On April 12, 2005, the I the item with the follm ~\~\ø dered the application and continued . Review the app- :y the condition to require either paving of 20 aduH,vH~ V__u_ u ,nt commercial property or pay the adjacent property owner (Yamagami Trust) the equivalent funds to improve the parking lot; and . Examine other alternatives. The Commission urged the applicant to come to resolution with the adjacent property owner with regard to the parking easernent issues and asked for written documentation explaining the suggested condition modification language. DISCUSSION: Staff has not received any written explanation or other alternatives from the applicant since the last Commission hearing. Since the parking easement involyes two priyate parties, the City cannot dictate the terms and conditions of the private agreement. The suggested modification language presented to the Commission by the applicant's counsel at the previous hearing would require the Commission to dictate the terms of a priyate agreement. Therefore staff is not supportiye of it. At this time staff recommends that the Planning Commission: Modify the condition to require the applicant to work with the adjacent commercial property owner to clarify the parking easement language by obtaining a written /2-& Applications: M-2005-01 Wolf Camera Mixed-Use Apri126, 2005 confirmation from the Yamagami Trust (or representatives thereof) in accordance with the attached model resolution. The applicant has other options to pursue outside of the City's purview. Short of obtaining an agreement with the adjacent property owner, the applicant can take the matter to court and obtain an interpretation from the court on the meaning of the parking easement recorded on the property. The applicant could also ask a Title Company to insure that the subject property has no parking easement encumbrance on it (title insurance). Staff is unsure if the Title Company will be willing to issue the insurance giyen the ambiguity of the parking easement language. Howeyer, if the applicant can obtain such insurance, the City shall be named as the beneficiary. Enclosures: Model Resolution Planning Commission Staff Report, April 12, 2005 Submitted by: Gary Chao, Associate Planner ~I Approved by: Steve Piasecki, Director of Community DeYelopme~ 2 /2-Î M-2005-01 CI1Y OF CUPERTINO 10300 Torre Ayenue Cupertino, California 95014 RESOLUTION NO. OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO TO MODIFY A CONDITION OF APPROVAL THAT REQUIRES PROVIDING ADDITIONAL PARKING STALLS ON THE ADJACENT PROPERTY FOR USE PERMIT U- 2003-03 (CONSTRUCTION OF SIX CONDOMINIMUMS AND THE ADDITION OF 1,825 SQUARE FEET TO AN EXISTING RETAIL BUILDING). SECTION I: PROTECT DESCRIPTION Application No(s): Applicant: Location: M-2005-01 Tom Sloan (Wolf Camera) 1375 South De Anza Boulevard SECTION II: FINDINGS FOR A MODIFICATION TO A USE PERMIT WHEREAS, the Planning Commission of the City of Cupertino received an application for a Modification to 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 Cupertin?, 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 not satisfied the following requirements: 1) The proposed use, at the proposed location, will not be detrimental or injurious to property or improvements in the vicinity, and will not be detrimental to the public health, safety, general welfare, or convenience; 2) The proposed use will be located and conducted in a manner in accord with the Cupertino Comprehensive General Plan and the purpose of this title. NOW, THEREFORE, BE IT RESOLVED: That after careful consideration of maps, facts, exhibits, testimony and other evidence submitted in this matter, the application for Modification to a Use Permit (U-2003-03) is hereby approved. That the subconclusions upon which the findings and conditions specified in this resolution are based are contained in the public hearing record concerning Application No(s). M-2005- j2-f Resolution No. Page 2 M-2005-01 April 26, 2005 01, as set forth in the Minutes of the Planning Commission Meeting of April 12, 2005, and are incorporated by reference as though fully set forth herein. SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNI1Y DEVELOPMENT DEPT. 13. INCIDENTAL PARKING: The applicant shall providc at least 20 additional stalls on thc adjaccnt commcreial property (to help offset the incidental parking stalls being displaced as part of this project) prior to issuance of building permits. The final parking plan shall closely approximate the conceptual parking plan submitted by the Metro Design Croup dated July 14, 2003 and shall be submitted to the Planning Department for review and approval obtain a written confirmation from the Yamagami Trust (or representatives thereof) that they have no obiections to the project as planned specifically relating to the incidental parking privileges prior to issuance of building permits. PASSED AND ADOPTED this 26th day of April 2005, at a Regular Meeting of the Planning Commission of the City of Cupertino, State of California, by the following roll call yote: AYES: NOES: ABSTAIN: ABSENT: COMMISSIONERS: COMMISSIONERS: COMMISSIONERS: COMMISSIONERS: ATTEST: APPROVED: Steve Piasecki Director of Community Development Gilbert Wong, Chairperson Cupertino Planning Commission /1-1 CITY OF CUPERTINO 10300 Torre Avenue, Cupertino, California 95014 DEPARTMENT OF COMMUNITY DEVELOPMENT REPORT FORM Application: M-2005-01 Applicant: Tom Sloan Owner: Gregg Bunker Location: 1375 South De Anza Boulevard Agenda Date: Apri112, 2005 Application Summary: Modification to delete a condition of approyal that requires proyiding additional parking stalls on the adjacent property for use permit V-2003-03 (construction of six condominiums and the addition of 1,825 square feet to an existing retail building). RECOMMENDATION: Staff recommends that the Planning Commission modify the condition in accordance with the attached model resolution. BACKGROUND: On July 14, 2003, the Planning Commission approved the 6 new condominium units toward the rear of the project site and approximately 1,825 square feet of new retail space on the existing Wolf Camera building (V-2003-03). The project proposes 34 parking stalls in the parking garage (33 currently exist on the site) shared by the retail and the residential uses. Currently, there are ingress, egress and parking easements between the two properties. Eyen though the two properties function independently in terms of parking and use, both property owners haye mutually agreed to share any incidental or inadyertent customer parking. Sharing access and incidental parking is a common occurrence between commercial properties with shared parking lot access or driyeways. The adjacent property owner (Yamagami Trust) was concerned that the proposed development on the Wolf Camera site may compromise their customer's ability to park on that site. DISCUSSION: The 6 new condominiums and 1,825 square foot commercial addition requires 20 parking stalls (2 stalls per unit & 1 stall per 250 square feet). The project was required to provide 20 extra parking stalls, prior to the issuance of building permits, (beyond the 34 stalls proposed) either on the project site or on the adjacent commercial property to offset the potential displacement of the incidental parking privilege (Condition #13). The applicant is now requesting the deletion of this condition. To satisfy the concerns of the adjacent property owner, staff recommends the condition be modified to require the applicant to obtain a written confirmation from the Yamagami Trust that they haye no objections to the project as planned. /l.-If) Applications: M-2005-0l Wolf Camera Mixed-Use April 12, 2005 Enclosures: Model Resolution Planning Commission Conditions of Approyal, July 14, 2003 Submitted by: Gary Chao, Associate Plarmer ~ Approved by: Steve Piasecki, Director of Community Developm~ 2 iJ--1 ( M-2005-01 CITY OF CUPERTINO 10300 Torre Avenue Cupertino, California 95014 RESOLUTION NO. OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO TO MODIFY A CONDITION OF APPROVAL THAT REQUIRES PROVIDING ADDITIONAL PARKING STALLS ON THE ADJACENT PROPERTY FOR USE PERMIT U- 2003-03 (CONSTRUCTION OF SIX CONDOMINIMUMS AND THE ADDITION OF 1,825 SQUARE FEET TO AN EXISTING RETAIL BUILDING). SECTION I: PROTECT DESCRIPTION Application No(s): Applicant: Location: M-2005-01 Tom Sloan (Wolf Camera) 1375 South De Anza Boulevard SECTION II: FINDINGS FOR A MODIFICATION TO A USE PERMIT WHEREAS, the Planning Commission of the City of Cupertino received an application for a Modification to a Use Permit, as described in Section II. of this Resolution; and WHEREAS, the necessary public notices haye 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 not satisfied the following requirements: 1) The proposed use, at the proposed location, will not be detrimental or injurious to property or improvements in the vicinity, and will not be detrimental to the public health, safety, general welfare, or convenience; 2) The proposed use will be located and conducted in a manner in accord with the Cupertino Comprehensive General Plan and the purpose of this title. NOW, THEREFORE, BE IT RESOLVED: That after careful consideration of maps, facts, exhibits, testimony and other evidence submitted in this matter, the application for Modification to a Use Permit (U-2003-03) is hereby approved. That the subconclusions upon which the findings and conditions specified in this resolution are based are contained in the public hearing record concerning Application No(s). M-2005- {2-( ,2 Resolution No. Page 2 M-2005-01 April 12, 2005 01, as set forth in the Minutes of the Planning Conunission Meeting of April 12, 2005, and are incorporated by reference as though fully set forth herein. SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT DEPT. 13. INCIDENT AL PARKING: The applicant shall pro'/ide at least 20 additional stalls on the adjacent commcrcial propcrty (to help offsct the incidental parking stalls bcing displaced as part of this project) prior to issuance of building permits. The final parking plan shall closely appro)(imate the conceptual parking plan submitted by the Metro Desig-R Croup dated July 11., 2003 and shall be submitted to the Planning Department for review and appro"/al obtain a written confirmation from the Yamagami Trust (or representatiyes thereof) that they have no objections to the project as planned specifically relating to the incidental parking privileges prior to issuance of building permits. PASSED AND ADOPTED this 12th day of April 2005, at a Regular Meeting of the Planning Commission of the City of Cupertino, State of California, by the following roll call yote: AYES: NOES: ABSTAIN: ABSENT: COMMISSIONERS: COMMISSIONERS: COMMISSIONERS: COMMISSIONERS: ATTEST: APPROVED: Steve Piasecki Director of Community Development Gilbert Wong, Chairperson Cupertino Planning Commission /1-{ ] U-2003-03 CITY OF CUPERTINO 10300 Torre Avenue Cupertino, California 95014 RESOLUTION NO. 6196 OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO RECOMMENDING APPROVAL OF A USE PERMIT TO CONSTRUCT 6 CONDOMINIUM UNITS AND ADD 1,825 SQUARE FEET TO AN EXISTING RETAIL BUILDING. SECTION I: PROTECT DESCRIPTION Application No(s): Applicant: Location: U-2003-03 (EA-2003-06) Tom Sloan (Wolf Camera) 1375 South De Anza Boulevard SECTION II: FINDINGS FOR USE PERMIT WHEREAS, the Planning Commission of the City of Cupertino received an application for a Use Permit, as described in Section II. of this Resolution; and WHEREAS, the necessary public notices have been given in accordance with the Procedural Ordinance of the City of Cupertino, and the Planning Commission has held one or more public hearings on this matter; and WHEREAS, the applicant has met the burden of proof required to support said application; and has satisfied the following requirements: 1) The proposed use, at the proposed location, will not be detrimental or injurious to property or improvements in the vicinity, and will not be detrimental to the public health, safety, general welfare, or convenience; 2) The proposed use will be located and conducted in a manner in accord with the Cupertino Comprehensive General Plan and the purpose of this title. NOW, THEREFORE, BE IT RESOLVED: That after careful consideration of maps, facts, exhibits, testimony and other evidence submitted in this matter, the application for Use Permit and Exception 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 are contained in the public hearing record concerning Application No(s). U-2003-03 (EA-2003-06), as Set forth in the Minutes of the Planning Commission Meeting of July 14, 2003, and are incorporated by reference as though fully set forth herein. /2-1l{ Resolution No. 6196 Page 2 U-2003-03 July 14, 2003 -- SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT DEPT. 1. APPROVED EXHIBITS The recommendation of approval is based on the exhibits labeled Mixed Use Project, 1375 S. De Anza Blvd. dated May 21, 2003 including sheets AO - A9, C-l, L1 - L2 and the parking lot plan submitted at the Planning Commission meeting on July 14, 2003, except as may be amended by the Conditions contained in this resolution. 2. NOTICE OF FEES, DEDICATIONS, RESERVATIONS OR OTHER EXACTIONS The Conditions of Project Approval set forth herein may include certain fees, dedication requirements, reservation requirements, and other exactions. Pursuant to Government Code Section 66020(d) (1), these Conditions constitute written notice of a statement of the amount of such fees, and a description of the dedications, reservations, and other exactions. You are hereby further notified that the 90-day approval period in which you may protest these fees, dedications, reservations, and other exactions, pursuant to Government Code Section 66020(a), has begun. If you fail to file a protest within this 90- day period complying with all of the requirements of Section 66020, you will be legally barred from later challenging such exactions. 3. FENCING PLAN: The approyed project does not include any perimeter fences. If new fencing is proposed, the applicant shall submit a fence plan to the Design Review Committee for review and approval prior to issuance of building permits. In order to replace the perimeter fences, proof of consent or authorization frorn the adjoining neighbors must be submitted to the City prior to approval. 4. LANDSCAPING PLAN: A revised landscaping plan shall be submitted to the Design Review Committee and the City's Arborist Consultant for review and approyal. The project shall comply with any recommendations and conditions specified by the City's Arborist Consultant with. 5. SIDEWALK PLAN: The final sidewalk plan shall be reviewed and approved by the Public Works Department and the City's Arborist Consultant prior to issuance of building permits. 6. COVENANTS, CONDITIONS AND RESTRICTIONS ICC&R's): A copy of the CC& R's for the project shall be reviewed and approved by the City Attorney prior to approval of the final map. A legal description of the side/rear yard easements proposed between homes must also be submitted to the City Attorney's Office for review and approval prior to the final map approval. (z-{ J Resolution No. 6196 Page 3 U-2003-03 July 14,2003 7. PARKING GARAGE: According to the parking analysis prepared by Fehr and Peers, the first three stalls on the south side of the property (closest to Wildflower Way) at both ends of the parking area shall be designated for residential parking only. The rest of the stalls shall be left open to provide parking to the residential and retail vehicles. Any automobile maintenance, repair, and washing activities (or similar activities) shall not be permitted in the parking garage and along Wildflower Way. 8. ARCHITECTURAL CHANGES: The applicant must revised the architectural plans to reflect the following changes: a. A trellis/ arbor element with vines shall be proposed along the north elevation of the commercial building to relieve the plain wall along the ll-foot driveway. The design and the material of the trellis/ arbor shall be reviewed and approved by the Design Review Committee prior to issuance of building permits. b. The blank wall area above the storefront at the northeast corner of the commercial building shall be enhance either by a shaped element or a sun canopy. Matching shaped element or sun canopy shall also be introduced on the south building elevation. The final enhancement solution shall be reviewed and approved by the Design Review Committee prior to issuance of building permits. c. The stoop heights shall be reduced to no higher than three and half feet above the adjacent sidewalk grade. The revised plans shall be reviewed and approved by the Design Review Committee prior to the issuance of the Final Map. 9. SIGNAGE: No signs are approved as part of this application. A master sign program consistent with the City's Sign Ordinance shall be submitted to the Planning Department for review and approval prior to issuance of building permits. The large non-conforrning freestanding sign at the corner of S. De Anza Blvd. and Wildflower Way shall be either be removed or be revised to be consistent with the City's Sign Ordinance. 10. CONSTRUCTION MANAGEMENT PLAN: A Construction Management Plan shall be submitted to the Community Development Department for review and approval prior to issuance of the building permits. The plan shall provide provisions for the following: a. Construction Vehicle Routing Plan: The construction vehicle routing plan shall indicate that no construction vehicles shall access the project site by driving through the adjacent commercial properties via the driveway off of De Anza Blvd. or by cutting through adjacent residential neighborhoods (Wildflower Way and (1-1ft, Resolution No. 6196 Page 4 U-2003-03 My \4,2003 Poppy Way). All construction vehicles shall use the Wildflower Way driveway to access the project site. b. Construction Equipment Staging Plan: The construction equipment-staging plan shall clearly indicate where the equipments will be staged during construction to the satisfaction of the Community Development Department. Construction loading/ unloading area shall occur on the driveway area between the existing Wolf Camera building and the proposed condominium building. Any landscaping and trees removed to create the staging area, shall be replaced by field grown trees (in number and in kind with the species removed). c. Dust Control: The project shall 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 the grading and street improvement plans. Erosion and or sediment control plan shall be provided. Identify all Pre-and Post development BMPs that will be installed on-site. d. Patron Parking: Alternative parking plan indicating alternative off-site parking locations for Wolf Camera employees and construction workers during project construction shall be submitted to the Planning Department for review and approval prior to issuance of building permits. Interim Wolf Camera customer parking shall be along Wildflower Way during the project construction. The parking improvements on the adjacent property shall be completed prior to construction of the proposed project. 11. ROOFTOP MECHANICAL EOUIPMENTS: All roof top mechanical equipments shall be completely screened from public views. 12. INDEMNITY AGREEMENT: The applicant shall submit an agreement to the satisfaction of the City Attorney indemnifying the City from any legal actions associated with the interests of the adjoining property owner (Yamagami Trust) relating to parking and circulation on the subject property. The agreement shall be reviewed and approved by the City Attorney prior to issuance of building permits. 13. INCIDENTAL PARKING: The applicant shall provide at least 20 additional stalls on the adjacent commercial property (to help offset the incidental parking stalls being displaced as part of this project) prior to issuance of building permits. The final parking plan shall closely approximate the conceptual parking plan submitted by the Metro Design Group dated July 14, 2003 and shall be submitted to the Planning Department for review and approval prior to issuance of building permits. SECTION IV: CONDITIONS ADMINISTERED BY THE PUBLIC WORKS DEPARTMENT 1. STREET WIDENING: Street widening, improvements and dedications shall be provided in accordance with City Standards and specifications and as required by the City Engineer. /2-/7 Resolution No. 6196 Page 5 U-2003-03 July 14, 2003 2. CURB GUTTER AND SIDEWALK IMPROVEMENTS: Curbs and gutters, sidewalks and related structures shall be installed in accordance with grades and standards as specified by the City Engineer. The sidewalk on S. De Anza Blvd. shall be relocated as illustrated on the site plan (Sheet A-I). 3. STREET LIGHTING INSTALLATION: Street lighting shall be installed and shaH 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. 4. FIRE HYDRANT: Fire hydrants shall be located as required by the City. 5. TRAFFIC SIGNS: Traffic control signs shall be placed at locations specified by the City. 6. STREET TREES: Street trees shall be planted within the Public Right of Way and shall be of a type approyed by the City in accordance with Ordinance No. 125. 7. GRADING: Grading shall be as approved and required by the City Engineer in accordance with Chapter 16.08 of the Cupertino Municipal Code. 401 Certifications and 404 permits maybe required. Please contact Army Corp of Engineers and/ or Regional Water Quality Control Board as appropriate. 8. DRAINAGE: Drainage shall be provided to the satisfaction of the City Engineer. Pre and Post- development calculations must be provided to identify if storm drain facilities need to be constructed or renovated. 9. FIRE PROTECTION: Fire sprinklers shall be installed in any new construction to the approval of the City. 10. UNDERGROUND UTILITIES: The developer shall comply with the requirements of the Underground Utilities Ordinance No. 331 and other related Ordinance;; and regulations of the City of Cupertino, and shall coordinate with affected utility providers for installation of underground utility devices. The deyeloper shall submit detailed plans showing utility underground provisions. Said plans shall be subject to prior approval of the affected Utility provider and the City Engineer, (2-{J Resolution No. 6196 Page 6 U-2003-03 July 14, 2003 11. IMPROVEMENT AGREEMENT: The project developer shall enter into a development agreement with the City of Cupertino proYiding 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. Grading Permit: c. Development Maintenance Deposit: d. Storm Drainage Fee: e. Power Cost: f. Map Checking Fees: g. Park Fees: $ 5% of Site Improvement Cost or $2,300.00 minimum $ 6% of On and Off-Site Improvement Costs $ 1,000.00 Paid ** N/A $54,000.00 Bonds: a. Faithful Performance Bond: 100% of Off-site and On-site Improvements b. Labor & Material Bond: 100% of Off-site and On-site Improvement c. On-site Grading Bond: 100% of site improvements. -The fees described above are 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 eyent of said change or changes, the fees changed at that time will reflect the then current fee schedule. ** Developer is required to pay for one-year power cost for streetlights. 12. 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. 13. 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. Erosion and or sediment control plan shall be provided. Identify all Pre-and Post development BMPs that will be installed on-site. 14. WORK SCHEDULE: A work schedule shall be provided to the City to show the timetable necessary for completion of on and off site improvements. 15. TRASH ENCLOSURES: The trash enclosure plan must be designed to the satisfaction of the Enyironmental Programs Department. Clearance by the Public Works Department is needed prior to obtaining a building permit. /:2--[1 Resolution No. 6196 Page 7 U-2003-03 July 14,2003 CITY ENGINEER'S CERTIFICATE OF ACCEPTANCE OF ENGINEERING/SURVEYING CONDITIONS (Section 66474.18 California Government Code) I hereby certify that the engineering and surveying conditioI15 specified in Section IV of this Resolution conform to generally accepted engineering practices. /s/ RalphOuaIIs Ralph Qualls, Director of Public Works City Engineer CA License 22046 PASSED AND ADOPTED this 14th day of July, 2003, 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: Miller, Wong, Vice-Chair Saadati and Chairperson Chen COMMISSIONERS: Corr COMMISSIONERS: COMMISSIONERS: ATTEST: APPROVED: / s/ Steve Piasecki Steye Piasecki Director of Community Development / s / Angela Chen Angela Chen, Chairperson Cupertino Planning Commission Go \Plaruring\PDREPORT\ RES\ U-2003-03res.doc ( 2 - 1D City of Cupertino 10300 Torre Ayenue Cupertino, CA 95014 (408) 777-3223 1fB) Œ (è fE U W œ IrìJI MAY 5 2G05 ~ CUPERTINO C ITV CLERK 1. Application No. APPEAL (ý\ - 2C90 5 - 0 J 2. ío'íì\ s: \00. "-I / Ðw Nt 1., (DfLfJõ is 2, Ur-..¡ K E¡;¿ I (1ièÇJ;G 0). 8UNIZ~~ \ 5 S 54 lD 1\\ Q) Q}2>1 i-- ru:¿ ~~fL¡:::J(),~~)~ OJ SOíD ""hlÐN ~ <tt It 0" 4. J Decision of Director ofCornmunity Development I ;.J/"\ l:> Decision of Planning Commission . (please check one) Appellant(s): name, address, phone number Applicant(s): 3. Î ISl- ¡ T¿) 14-l~Sb(rí 5. Date of determination of Director or mailing of notice of City decision: N\ìJí2..-\ L L.lo µ¡ V:> ° S ¥) ~ 6. Basis of appeal: e.C>N.c;\-t\""~ 1;S- l)1\1 \lQ..C\SON()b\~ AR,b\ Q...lI..~ A~¿ ~p.r~· C-'-() L\$', S; ~~~\ ~\c..<>'\ \ \~ ( l 3,) ~~ t V\ \ ~ -tT~ fl ~ QÐ '0-0 ~ ~ w-., 1"> ~ ~ "",' \ -fri-V\-S ~ ~ \}..},t 1v!0 Öb\-G\\ N.Q~ th.~ ~ ~~ h ~VQ. No d,Jec..l\ OQ\l S- to t+t If(lJJjQ.J- I\~' ~\PQ\li\)~@ rtU-t:lhÌ'\\S~ f+t, \N~\6&I{~II>-.L ífC\'V\\\N.~ ?ru\lìt~~es. Signature(s) Vi~ l[j~ è:". Please complete form, include appeal fee of $ ft{ S and return to the attention of the City Clerk appealsJappek forml.doc i 2-21 To be completed by City Clerk staff Staff Form - Appeals (attach to Appeal form submitted) 1. Application No. fVl- ;UW ::;-0 1 2. Fee submitted? Yes V No 5. Hearing scheduled for if h~ (O~ 5-h; los- 1o/7(OS 3. Date of decision or mailing: 4. Date appeal received: 6. Notification sent to: Applicant(s) Appellant( s) Interested parties Planning Department 7. Date legal notice published: appeals\staff.doc {2..-2J-. La w Offices of DAVID B. PRINCE, P.C. ATTORNEY AT LAW 20465 Saratoga-Los Gatos Road, Suite 100 SARATOGA, CALIFORNIA 95070 P.O. BOX 33144, Los GATOS, CALIFORNIA 95031 Telephone: (408) 354-5788 . Facsimile: (408) 867-3777 rõ) IE (C; IE ~ W IE rRI lru MAY 5 2005 l~ CUPERTINO CITY CLERK May 5, 2005 City of Cupertino City Council C/O Gary Chao Assistant Planner City of Cupertino 10300 Torre Avenue Cupertino, California 95014-3255 Dear City of Cupertino, This office represents Mr. Gregg Bunker, owner of 1375 Saratoga-Sunnyvale Road, Cupertino. This shall constitute Mr. Bunker's appeal of the City of Cupertino Planning Commission's Resolution No. 6297 at the April 26, 2005 hearing of the Planning Commission, specifically, paragraph 13 therein which institutes a revised condition in fayor of the Yamagami Trust such that they are provided with "a written confirmation" that "they have no objections to the project as planned relating to the incidental parking privileges." Sincerely Yours, ~ David B. Prince /1-- 23 LAW OFFICES CRIST, SCHULZ, BIORN & SHEPHERD A PROFESSIONAL CORPORATlON ~~o HAMILTON AVE;NUE, SUITE .:300 PALO ALTO, CALIFORNIA 94301 (65OJ 321·5000 Kristofer W. Biorn Direct dial: 321-5007 Email: kbiom@csbslaw.com FAX (6S0) 3ZeH!.404 May 27, 2005 City Council City of Cupertino Cupertino City Hall 10300 Tore Avenue Cupertino, California 95014-3232 Application: Application: Owner: Location: M-2005-0l U-2003-03 (EA-2003-06) Gregg Bunker 1375 South Deana Boulevard Dear City Council: This office represents Gregg Bunker, the owner and applicant of the above referenced project. Please consider this letter in your review of this item on your agenda for June 7, 2005. Mr. Bunker originally applied for approval of a use permit to construct six condominium units and add 1,825 square feet to an existing retail building. That application was made in 2003, No. U-2003-03 (EA-2003-06) and was approved by the Planning Commission pursuant to Resolution No. 6196. Section ill of the Resolution concerns conditions to be administered by the Community Development Department. Item 13 of Section ill ("Condition ill-13") states as follows: INCIDENTAL PARKING: The applicant shall provide at least 20 additional stalls on the adjacent commercial property (to help offset the incidental parking stalls being displaced as part of this project) prior to issuance of building permits. The final parking plan shalJ closely approximate the conceptual parking plan submitted by the Metro Design Group dated July 14, 2003 and shall be submitted to the Planning Department for review and approval prior to issuance of building permits. Mr. Bunker was directed, in essence, to stripe 20 parking stalls on his neighbor's property. After extensive negotiations, however, Mr. Bunker was unable to reach an agreement with the adjacent landowner to allow him to stripe those parking stalls. The neighbor continues its refusal unless Mr. Bunker agrees to an extensive reyision of easement agreements that affect (2-2'1 CRIST. SCHULZ, BIORN & SHEPHERD City Council City of Cupertino 5/27/05 Page 2 the two parcels. Of course, this has stopped Mr. Bunker's project dead in its tracks and is completely out of his control or the City's control. Accordingly, Mr. Bunker applied in March, 2005 for a modification of the Resolution and asked that the Planning Commission delete Condition III-B (Application no. M-2OO5-01). This application was heard by the Planning Commission on April 12, 2005 and continued for further hearing on April 26, 2005. The Planning Commission acknowledged that the condition is completely out of Mr. Bunker's control and deleted Condition III-B. Instead, the Planning Commission replaced it with the following condition: INCIDENTAL PARKING: The applicant shall obtain a written confirmation from the Yamagami Trust (or representatiyes thereof) that they have no objections to the project as planned specifically relating to the incidental parking privileges prior to issuance of building permits. The new condition - by removing any condition that Mr. Bunker add parking to his neighbor's property - evidences the fact that no such additional parking is required for Mr. Bunker to meet the applicable zoning or planning ordinances. Accordingly, the new condition is an umeasonable, arbitrary and capricious action, which constitutes an unlawful delegation of the City's police power. Again, this new condition places [mal approval of this project solely in the hands of a private landowner - namely the Yamagami Trust, a neighbor of Mr. Bunker's. The condition is completely umeasonable and invalid and Mr. Bunker hereby requests that the City Council delete it in its entirety. For these reasons and for such other reasons as may be presented by or on behalf of the Applicant/Owner at the City Council hearing, Mr. Bunker respectfully requests that the City Council delete the current Condition III-B. Thank you. Sincerely, cc: Gregg Bunker (Via Facsimile Only (408) 867-2520) (2-2:) Cupertino Planning Commission 2 April 26, 2005 POSTPONEMENTSIREMOV AL FROM CALEND 3. EXC-2005-08 Martin Bernstein 22362 Regnart Rd. Motion: ORAL CO CONSE CALENDAR: None PUBLIC HEARING 1. M-2005-01 Tom Sloan (Wolf Camera/Wildflower Condominiums) 1375 DeAnza Blvd. Hillside excepti or a new 6,500 square foot residence on a prominent geline and an exception to the required second story of . Planning Commission decision final unl appealed. Request removal from calendar. m. Giefer, second by Com. Saadati, to approve removal No. EXC-2005-08 from the calendar. (Vote: 4-0-0; Com. Chen None Modification to delete a condition of approval that requires providing additional parking stalls on the adjacent property for use permit U-2003-03 (construction of six condominiums and the addition of 1,825 square feet to an existing retail building) Planning Commission decision final unless appealed. Continued from April 12, 2005 Planning Commission meeting. Steve Piasecki, Community Development Director presented the staff report: · Previously the Planning Commission directed staff to work with the applicant and for the applicant to review staffs suggestion to modifY the condition of either paving the additional stalls in the adjacent commercial property or paying the adjacent property owner the equivalent funds to improve the lot; or examine other alternatives. · The city attorney has identified some options outside of the city's purview; to settle the private matter of a private easement by going to the courts to adjudicate the matter; or as a side issue the attorney suggested that the applicant could obtain title insurance verifYing that the property does not have a parking easement encumbrance, and if an insurance company is willing to provide that and name the city as beneficiary and provide that insurance. · Staff has not heard of any reconciliation between the applicant and the adjacent property owner; and feels the suggested condition rewording works either way and suggests that the Planning Commission simply take action on the rewording. · The applicant at the last meeting said the rewording was acceptable. · Staff recommends that the Planning Commission modifY the condition as suggested. Eileen Murray, Assistant City Attorney: · Commented that because modification of the use permit is a quasi-judicial act, any commissioners who have had contact with any of the applicants should disclose that now. Vice Chair Miller: · Said he was contacted by the applicant on several occasions regarding the application. Chair Wong: · Said he received an e-mail from Preston Oks regarding the application. /2 - 2(" Cupertino Planning Commission 3 April 26, 2005 Chris Bjorn, Attorney for Greg Bunker, Applicant: · Said Mr. Bunker's application meets the city's zoning requirements. · We do know that the only dispute involves private land owned by two private adjoining land owners. · Today, we are not going to resolve the dispute between these two private parties; that is in the purview of the courts. · The question is how will the city respond to this dispute between two private parties. The procedurely correct way to do that would be to evaluate the application on its own; does it meet the zoning requirements; if it does, grant it and allow the private parties to move their own way. · Alternatively the city might also say that Mr. Bunker's application meets the zoning requirements, but the city would like to interject itself somewhat in that process, and that was that the original condition asked for. The original condition was to add 20 parking spaces to Mr. Bunker's neighbor's land. That is a condition he cannot meet because he can't go onto that property without their permission. · Likewise, the proposed modification to this condition would require Mr. Bunker to get the written consent of his neighbor to his project which already meets the zoning requirements; essentially both of those conditions would give the neighbor a veto power over Mr. Bunker's proj ect. · One way that the Planning Commission could interject itself into this private dispute would be to have Mr. Bunker meet the stated concern; modify the condition so that Mr. Bunker must put up $30,000 which would be used to modify the parking on his neighbor's property if the neighbor wants to; if he doesn't want to, that is fine. That allows Mr. Bunker to meet your concerns, his neighbor's stated concerns, and allows the parties if they have any further disputes to take those private disputes to the Superior Court for adjudication of that issue. Mr. Bunker, Applicant: · Asked the Planning Commission for their support to make the motion to have Mr. Bunker put up $30,000 in a cashier's check to hold and make payable to the City of Cupertino or to the Trust that would allow for the installation ofthe 20 spaces. · The project had all of its own parking; all the easement agreements are reciprocal and should not have an impact on either property; they balance each other. · When I got approval from the city, I worked hard; hired civil and structural engineers, architects, and completed all the working drawings, and have placed them with the city. The only thing remaining is to finish the plan check review and the only condition that would be in question to meet now is to have the Trust allow me to come and stripe the spaces; I am prepared to do that; if I put up the money in good faith, that would be a good resolution. Vice Chair Miller: · There is some question to whether the easement applies to one parcel or both parcels. Is that something that has been clarified at this point? Mr. Bunker: · Said he presented his existing title policy to the city attorney. · Summarized the contents of the 1985 Stewart Title document. Ms. Murray: · Said the document grant deed was beside the point; what Mr. Bunker brought along with the document was a 1985 Stewart Title insurance policy; it did not meet the criteria that the city (2-2./ Cupertino Planning Commission 4 April 26, 2005 attorney set out, it is made out to Mr. Bunker as beneficiary, not the city; there is no title guarantee that there are nO easements. · The document spells out an easement in the title; so I don't think we can interpret either document here, they are both beside the point of this; there still exists an easement that is open to question that may impact parking and if it impacts parking it impacts the project, and I don't think we can make a determination tonight. Chair Wong opened the public hearing. John Golden, Attorney for Yamagami Trust: · Pointed out that the title report distributed to Mr. Bunker from 1985 specifically notes that it is subject to an easement on his property in favor of the Yamagami Trust and confirms the position taken all along. · Since the last meeting I had advised the Planning Commission that we had in our opinion worked out an agreement with Mr. Bunker; he had taken issue with minor changes. The day following the last Planning Commission meeting, we received a demand trom Mr. Bunker to pay him $67,000 or be faced with a lawsuit based on a reimbursement right arising out of the 1986 original development that had nothing to do with what we are doing and had no basis in fact. · I am bringing this up because of the charges of bad faith and extortion leveled against us last time and the allegations that we were not negotiating in good faith with Mr. Bunker. · We have an agreement approved by Mr. Bunker's attorney and signed by our people, and we are waiting for Mr. Bunker to decide; and tonight he is here rolling the dice with the Planning Commission to see whether he can get away with a different agreement. · The essential terms of that agreement will solve his issues; they will also put an end to this easement litigation and that is the true point of this; the reaSOn that this condition to require the parking stalls was put On in the first place was that the city would not be in the position of taking sides and by requiring that issue to be addressed and met independent of the city's action, the Planning Commission, the staff said Mr. Bunker if you want to proceed with your project, you need to work out things, because we see there is a problem here. · For the last two years the city has taken the position that this is a private matter; now Mr. Bunker who has agreed but not agreed with us to resolve this matter, wants you to take sides with him and eliminate the cOndition. If you were to eliminate the condition, that would be tantamount to tossing away two years worth of work by all parties concerned and sending us to the courts. · We have an agreement that we feel is fair to all concerned; most of the financial provisions were suggested and dictated by Mr. Bunker himself, and for that reaSOn we believe that this matter is resolved unless Mr. Bunker's application is granted; in which case it is back to square one. · We believe the appropriate thing for the Planning Commission to do is to continue the position it has had all along, that this is a private matter and Mr. Bunker can work things out. We believe that either the original condition or the modification proposed by staff is appropriate. Lawrence Rnssen, Borel Private Bank, Trustee: · On March 27, 2005 I left the country for three weeks anticipating that upon my return the agreement would be signed, sealed and delivered. · When I returned on April 15th I discovered Mr. Bunker had scheduled a meeting before the Planning Commission; we had not received notice of the hearing before I left the country, so I could not modify my plans and I am sorry I was not here to speak before you at that meeting. 1;2- 2á Cupertino Planning Commission 5 Apri126,2005 · When we met almost two years ago, we objected to Mr. Bunker's project only from the position that we felt that it would interfere with our parking rights on the parcel he wanted to develop. I have had multiple attorneys affirm our position and we still are concerned about that. · It was my understanding that the reason for the condition that the Planning Commission placed, was so that Mr. Bunker could meet the minimum parking requirements for this development. We were willing to go along with the conditions that you imposed and work with Mr. Bunker. · It is not simply a matter of Mr. Bunker providing $30,000 to restripe the parking lot; restriping only touches part of the problem. · When considering development, parking spaces are like gold; they are critical to this process and some day I expect that either the bank as trustee or our beneficiary will want to do something with our property and we will need those parking spaces that Mr. Bunker wants. Again, we thought we had an agreement for working this out. In order to provide the additional parking spaces; we cannot just restripe; one of our tenants will have to give up property space they have leased; forgo the use of that property, to allow it to be converted to parking space. We feel this is a compensable item; parking spaces are valuable and there should be some consideration involved. · We also insisted from the beginning with Mr. Bunker that we wanted the easement agreement which is the subject of so much discussion, confusion, and admittedly ambiguous, and we would want it reworked in the future. · The dollar amount we had come to and have in our existing agreement with Mr. Bunker was a result of items he had requested; he asked if we could repaint our building and I am willing to pay for that; he would like enclosed fencing for the trash enclosures, and I am willing to pay for that: so the dollar amount consists of items that are going to directly benefit Mr. Bunker with one exception; we asked him to compensate us for the attorney's fees we have paid. · The claim we acted in bad faith is ludicrous and frustrating; we have worked very hard over the last two years to come to an agreement; we have an agreement everyone has signed except Mr. Bunker, and I would ask the Planning Commission to reaffirm its earlier finding and allow us to go forward. Chair Wong closed the public hearing. Ms. Murray: · Said she was provided the agreement last week and it appeared that both the attorney for Mr. Bunker and the attorney for Yamagami had worked on that agreement, so it was drafted jointly. · Our office read the agreement and found it to be a very good agreement and sent notices to both attorneys that we approved the agreement and would recommend that the Planning Commission move forward if that was the final agreement. Since then, the agreement is now under question. · She reiterated that she thought it was a very good agreement and it does settle a lot of the issues that have continuously come up and will again in the future. Chair Wong: · Said that according to the city attorney, if the applicant was willing to sign the agreement they could move forward on the issue. Mr. Bunker: · Said he appreciated the comment and noted they were still in negotiations; but some items came up that are difficult for me to understand that they would take one sentence and have i2-2.1 Cupertino Planning Commission 6 April 26, 2005 such latitude and power, and on the same token the last item was that they would like to have commercial vehicles come across my property and I wonder how they can so quickly dismiss items in there in my favor and then use so successfully an item in that grant deed to their favor. o I appreciate the city attorney's comment that should I choose to sign the document, that would resolve all those issues. Com. Giefer: o Asked if anything had changed in the parking ordinance since the project was approved. Mr. Piasecki: o Said that the parking ordinance had been amended; however, the amendments affect the issues relative to this application. Com. Giefer: o Listening to both parties tonight and having reviewed the previous hearings, it occurs to me that if both parties have been unable to work out the tenns for the past two years, that by making the modification requested this evening, it is not going to make things any better for them. o There is no benefit in resolving this by granting the change required to the amendment. Vice Chair Miller: o It is unfortunate that there are two commercial property owners who are feuding like this; we all wish this wouldn't happen and we hope that it can be resolved ASAP because in the last analysis, it is to the disadvantage of both from a customer's standpoint and if it goes on too long, I think that they both may end up losing customers. o In looking over the infonnation we have, I sympathize with Mr. Bunker's position and I feel that he has made good arguments. However, I am also sensitive to the comments of the city attorney, in that there is a potential issue of liability for the city. o From that standpoint I cannot vote for Mr. Bunker on this particular occasion, because I feel I have to support the city attorney's position. Com. Saadati: · I wish this issue could be resolved; the suggestion by Mr. Bunker to put up the money to restripe would have been a good solution; but it seems with the dispute that has existed for more than two years, it is not going to go anywhere. · I concur with the city attorney's position to prevent any potential issues with the city; although I would like the project to go forward and add the additional parking to benefit the businesses. o I hope the parties will work together to bring this to an end and move forward. o I will support the city attorney's recommendation. Chair Wong: o I agree with my colleagues and also sympathize with Mr. Bunker regarding the situation. o Mr. Bunker, the city attorney was correct that the issue cannot be resolved by both parties and we don't want to be in the middle of this as the city attorney has advised us. o I would also follow the city attorney's advice and also staffs recommendation that there has to be an agreement by both parties that both sides have to resolve it and you have to provide something; the other party has to provide a statement that it has been resolved. Another option is to go to court and have it resolved, or as suggested in the title report, the applicant could ask the title company to insure the subject property has no parking easement encumbered on it as well as insuring the city remain as a benefactor. /2...-]0 Cupertino Planning Commission 7 April 26, 2005 · It is regrettable that both parties could not resolve it, but the Planning Commission will follow the city attorney's advice. Motion: Motion by Com. Giefer, second by Com. Saadati, to deny Application M-200S-01. Following discussion, Com. Giefer withdrew the motion, Com. Saadati withdrew the second. Motion: Motion by Vice Chair Miller, second by Com. Saadati, to approve Application M-200S-01, per the model resolution. (Vote: 4-0-0; Com. Chen absent). Mr. Piasecki: · Noted it was a final decision of the Planning Commission uniess appealed to the City Council within 14 days. ASA-200S-04 John Tang (San Jose Water Co.) Regnart Road. Architectural and site approvai for a security fence for an existing water tank. Planning Commission decision final unless appealed. · rseiffrom discussion of the application as her home is located adjacent to the site. Ciddy Wordell, Planner, presented the staff report: · Reviewed the app . ation for architecturai and site approval for a security fence for an existing water tank, includin e fence location and design; and concerns of the neighbors about the visibility and aesthetics the fence. · Staff recommendation is a ming that alternative one for the northeast comer represents the needs of the neighbors in tha ea; that alternative one would be approved that the fence on the east elevation could be ¡owe further, so that it is not as visually intrusive and that the replacement fence would be dark vin John Tang, San Jose Water Company: · San Jose Water Company erected a fence 1 November 2004 and it was in response to a Vulnerability Assessment conducted. The ass ment was required by the Bioterrorism Response Act of 2002 and required all water utilit to reassess their security measures and where necessary, improve or enhance them to meet pot ial new threats as a result of 9/11. · There is concern about staff's recommendation for the eas . de of the fence. Both the security professionals and the San Jose Water security team believe t the best location for the fence, in order to meet the water company's stated objectives, is its pent location or at the top of the berm. · Because of the concerns from the neighbors, and the fact there is a v watch program at this particular facility, we felt that we could move the the slope and still achieve our security objectives. · We feel that the fence alignment at the bottom of the slope as suggested b e Planning Department is not going to be as effective as it would be if it was where we have oposed it or where it currently is. The reason is that it is easy for somebody to breach both fenc with a ladder in a single action and therefore would have no deterrents or delayed effect for u A major reason we moved the fence down the slope was because of the neighborhood wat active neighborhood e somewhat down 12..- 3/ 05/31/2005 03:23 4088573777 LAW OFFICE PAGE 01/25 Law Offices of DAVID B. PRINCE, P .c. ATIORNEY AT LAW P.O. Telephone: Box 33144. Los Gatos. California 95031 (408) 354-5788 . Facsimile: (408) 867-3777 FACSIMILE TRANSMISSION COVER SHEET RETURN FAX # (408) 867-3777 Date: May 31, 2005 To: Gary Chao From: David B. Prince Re: COITe~pondence reo Bunker Development Page~: 26 Comments: Gary, Plea~e see attached appeal by Me Bunker. David B. Prince The documents accompanying this fax tr8t'lsmission are confidential and subject to the attorney client privilege. The information is ¡nteoded only for the use of the individual or entity named above. If you are not the intended recipient, you are hereby notified that any disclosure. copying, distribution, relianœ upon or dissemination in any capacity of this œlessis communicated il1formation is strictly prohjbited. If you have received this communication in error! please notify us by col1êCt telephone and return the original document to us at the address above at our expense. (2 - 72- 135/31/213135 133:23 41388573777 LAW OFFICE PAGE 02/25 Gregg Bunker 15554 On Orbit Road SARATOGA, CALIFORNIA 95070 (408) 741-5697 May 31, 2005 City Council of Cupertino Cupertino City Hall C/O Gary Chao, Assistant Planner 10300 Torre Avenue Cupertino, California 95014-3255 VIA FAX AND U.S. MAIl, RE: Statement on AVnea1 from Resolution No. 6297 of the Planniu~ CommissiQn Application: M-2005-01 Application: U-2003-04 (EA-2003-06) Owner: Gregg Bunker Location: 1375 South De Anza Bou.levard Dear City Council, I am the owner of 1375 South De Anza Boulevard, Cupertino. In 2003 I applied to develop my aboye indicated property. At a planning commission hearing on the deyelopment held on March 8, 2004 I was required to put additional parking stripping on the adjacent property to accommodate incidental parking. (See Exhibit 6, Planning Commission Resolution dated March 8, 2004, page 2.) I made every effort to satisfy that condition by scheduling my contractor to appear and conduct the stripping on the pavement as was contemplated by the parking plan designed by my architect and that was agreed to by all parties. (See Exhibit I, letter attached hereto dated January 6, 2004 by David Gibbons of Barry Swenson Builders, providing proposed dates to conduct striping of the parking spaces.) Sadly, Yamagarni did not allow me to proceed with the re-stripping as was contemplated by the planning commission. (See Exhibit 2, letter attached hereto dated April 7, 2004 by Borel Private Bank, stating that "We did not promise, and have not agreed, to provide those parking spaces.") Instead, Yamagarni wished that I sign an offensively one-sided recordable instrument requiring, among other things, that I pay Yamagarni Trust oyer $100,000.00, relinquish my existing easements over the Yamagami property (as recorded in the Grant deed dated May 17, 1985, attached hereto as Exhibit 5), and imposing many legal requirements and changes that I can not agree to. Not desiring to sign a document with such profound legal implications in the face of the Planning Commission's simple request to re-stripe the parking lot, I submited to the Building Department a cashier's check in the amount of $25,000.00, dated November 19, 2004 and made payable to the "Yan1.agami Trust or City of Cupertino" The funds necessary to re-stripe the parking lot was approximately half that /2-]3 05/31/2005 03:23 4088573777 LAW OFFICE PAGE 03/25 amount. (See Exhibit 3, letter of Attorney David Prince dated November 18,2004 to Stever Piasecki, and copy of cashier's check.) On April 26, 2004, at a third Planning Commission hearing was held on my request to modifY the parking striping condition in that I had fundamentally met its requirements. At the modification hearing the Planning Commission removed the stripping condition and imposed a new condition that "the applicant shall obtain a written confirmation from the Yamagami Trust that they have no objections to the project as planned specifically relating to the incidental parking privileges prior to issuance of building permits." (See Exhibit 4, Planning Commission Resolution No. 6297 attached hereto. ) I strongly believe that I complied with and met the condition set down by the Planning commission at its March 8,2004 hearing and subsequent Resolution requiring that I "provide at least 20 additional stalls on the adjacent conunercial property" I scheduled my contractor and provided a cash check! Moreover, the grant deed dated May 17, 1985, specifically provides cross easements for "ingress and egress and parking purposes" which is therefore a preexisting agreement allowing for "incidental parking" on the respective properties (See Exhibit 5, Grant deed dated May 17, 1985.) The requirement of the Planning Commission in Resolution No. 6297 that I now obtain a written confinnation of no objection to any "incidental parking" is redundant to the easements already existing on the properties. Since that time I have completed all plan checks including architecture, civil, landscaping, public works and Sanitation. The only matter holding up the issuance of my building permits is an arbitrary and capricious condition that is tantoumount to a first right of refusal and veto power oyer my development project placed in the hands of the Yamagami Trust. I hereby request that the City COlJIlcil direct the Building Department to issue the building permits. ~e~ Gregg Bunker 2 11-Y{ 05/31/2005 03:23 4088673777 LAW OFFICE PAGE 04/26 Exhibit 1 3 (2,.- 3:) 05/31/2005 03:23 011Ø5/2ØØ4 11:13 4088573777 . ~~Y ~tMSUN~UILUt~ LAW OFFICE PAGE OS/25 NL/.bö;;) "'1:=.1,1 To "Çr"~-i¿~ ,"".' :~., I' . ;c:O, ., ~ :'" " ® ffi:" [FR ~. W ~ WI! œ; IN] ~ © fNJ BUILDER .777 r.:. FHIT 8ï?EET, 5T;-! P,,:ìO¡'¡' SAN ,JOSS. CA 9511 2-6303 ~ (40Bj 257.02<:6· FAX ~408) SSEJ-1'737 ';;-...iI ';..JI¡.'L!!. . ,....II:t"IIIIII~:.'!~: ,·.·.~·..·..:;:r..'I~........~\I!'-'~~~;.J"~=r~"~-··~· .. ... Ct)mRAC;'!OH~I...~. J4~1 January 6, ;lOM Via Fax 650-378-3719 . Mr, LawreJ1ce M. Russell Senior Vice Presidiol & TrUSt Offic~ Borel PrivaleBank & Trust Company 160 Bovel Road . San Msteo, CA94402 Re: Yamagawi Nursery Re-Srripiiu! Work . Dear Mr. RusseIJ:' PJease be advised that our fino has been hired by Mr. Greg Bunkl!r to re-stripcyour propenyknown as Yamagami Nmery located in Sunnyvale, California. We would lí~ 10 pcrfOrIIIlltis work the second week in March and we would like 10 IDeet with you in 1be near future to discuss the scope of the work. I Please call me at 408-938-6348 and let me know when it would be convenient for us 10 meet Rcspcclfully, Barry SWelJson Builder ~S0~~' Vice President I I ; . I L I: I Co; Gnoß Bunke( TomSloalJ ;' -';'-:t.: ~ t·· r°3.";' _ :. I ~ \ r - ,- "ï-~I"V5 ._.._.JL~ , . -. .... www.l¡¡.¡r;.YSWBnsnllbwildel·.com. 1\ OIVISI:JN CF G~¡:EN VALLEY CORPORATION , I -.--.........,,-.... 1.2-J~ .J 05/31/2005 03:23 4088573777 LAW OFFICE PAGE OS/25 Exhibit 2 4 12 - ]7 05/31/2005 03:23 4088573777 LAW OFFICE PAGE 07/25 ,.."........... '-u_. ....... _, __0.- - Apra7,2004 Greg Buoker VIA FAX: 408.867.2520 Re: Yamagami Trust AÇÇ()unt No. 3141 Dear Mr. Bunker: We thought it would be helpful to write to you and summarize our position with regard to discussions with you about your proposed. development adjacent to the Yamagami Nuraery Genter. We objected to the development at the City of cupertino (City) Planning CommÎSSÌOf\ hearing because we felt that it would be detrimental to the availability and açCe$Sibllltyof parking for our tenants' ()u!;\.om&rs. The City approved your development. with the condition that you provide additional parking spaceS. We did not promise. and have not agreed. to provide those parking spaces. We have stated on several occasions that our primary condition for helping to create the additional paming spaces required by the City Is the r.eviaion of the existing ingress, egress ànd. par (ing easements, whIch all parties agree are ambiguouS. You have asked me to present you with a draft easement . agreement for your consideration. ·However. yoU have also spent considerable time snd money to obtain opiniotls by a title company and engineering firm to support your position that the Yamagami Trust has no parking rights to the back lot. Weare reluctant to spend additional money on legal f~ for Mr. Golden if you stßl insist that the trust has 1'10 parking rights on your property. BOREL. PRIVATE BANK" TICUST COMPANT 16D Bovvt Roood S~nMaléÓ. CA 94402 TI1L (658) 378.3713 FAX (650) 378-3719 etnail:' Irunell8bore1.,,"'" /1.-jJ ÿ 05/31/2005 03:23 4088573777 LAW OFFICE PAGE 08/25 Greg Bunker . April 7, 2004 Page 2 In your last telephone message you stated that you are willing to increase YOUf" offer to $35,000 to pay for the paving and striping of the new spaces, the repair and restriplng· of the existing parking lot, and the painting of the nur.sery center buildings. We appraC:late your offer, but we feel th<It the potential loss of what we believe to ~ our parking rights on your property Is worth much mo're than $35,000. We would also like to remiodyou that we will need our tenants' ciJnsent before we can agree to any modification of the existing parking layout. As we have mentioned before, our tenants have been very relootant to cooperate on this matter. Before we approach them again, we need 10 receive from you, in wliting, a statement as. to whether you are willing to renegotiate the existing ingress, egTe$$, and parking easements. (Actually, we do not believe that there is any disagreement with the ingress and egress portions of the easements. Therefore any discussion will only need to address the parking provisions.) You proposed a meeting on April 16 between you, your attorney, 21m:! the benk, our attorney and our ~enants. We do not feel it is productive to $Checlule such a meeting until the question of the parking easement is resolved. (Incidentally, I do .' nol wori( on Mondays or Fridays so your proposed date would not have worked.) Lawrence M. Russell S'Intor Vice President and Trost omcer ce: JohnP. Golden, Esq. John Conover Nancy Johnson BOREL PRIVATE IIANK & TRUST ÇOMf'ANY 160 Sovet RQIId San I\fta1eCl, CA !144412 TEL (650) 3711-3713 FAX (&50) 3711.0371' . . . . .email: ......aell@lborel.com . TOTAL P. 03 { 2 - 71 . _r- 05/31/2005 03:23 4088573777 LAW OFFICE PAGE 09/25 Exhibit 3 5 (l-\.fD 05/31/2005 03:23 4088673777 LAW OFFICE PAGE 10/26 Law Offices of DAVID B. PRINCE, P .C. ATIORNEY AT LAW 20465 Saratoga-Los Gatos Road, Suite 100 SARA TOGA, CALIFORNIA 95070 P.O. BOX 33144, LosGATOS, CALIFORNIA 95031 Telephone: (408) 354-5788 . Facsimile: (408) 867-3777 November 18,2004 Steve Piasecki Planning Director City of Cupertino 10300 Torre Avenue Cupertino, California 95014-3255 RE. Rèqµest to Waiye Condition to Issue Building Permits and Proceed with Development Dear Steve, This office represents Mr. Gregg Bunker, owner of 1375 South De ADza Boulevard, Cupertino, in regard to his development of that property. This is a request to acknowledge as fulfilled or otherwise waive the condition set by the Planning Commission on July 14, 2003, that Mr. Bunker re-stripe the parking lot on adjacent property owned by the Yarnagarni Trust and issue the building . . ' permits. The reason the restriping condition was set is because the Yamagami Trust and or its tenant in possession, the Yamagarni Garden Center, raised concerns about parking congestion if the project were to go forward as planned. (See correspondence of Lawrence M. Russell dated April 7,2004, attached hereto as Exhibit 2). It should be noted that the planning commission agreed that there was sufficient parking on the respective properties. However, it was determined that Mr. Bunker should nonetheless re-stripe the parking lot to create an additional 20 slots prior to issuance of a buildin.g permit. There was no other substantive disagreement to the project going forward at the hearing other than the parking congestion question. The planning commission therefoJ:e detennined that Mr. Bunker should re-stripe the parking lot so as to increase the number of parking slots or obtain a waiver by the Yamagarni Trust as to the parking congestion concerns. Mr. Bunker has made several attempts to provide the re-striping of the Yarnigarni parking lot (See correspondence of David A. Gibbons dated January 6, 2004 attached hereto as Exhibit 1). However, on each occasion Mr. Bunker has tried to re-stripe the lot or complete negotiations to do the same, he has been met with objections, delays and or additional demands by the Yamagarni Trust. To date there is no fmalized agreement or authorization to re-stripe the Yarnagarni parking lot. Since the July 14,2003 Planning Commission hearing, there has been ongoing discussions or negotiations between the parties including numerous iterations for terms for agreement and or difficulty, delay and ftustration in corning to such an agreement. The Yamagarni Trust has transmogrified the re-striping condition into a device for making numerous demands over and above the simple re-striping condition before they will agree to authorize Mr. Bunker to go forward with his project. The additional requirements demanded of Mr. Bunker are to numerous to mentìon but /2- 'i I 05/31/2005 03:23 4088573777 LAW OFFICE PAGE 11/25 are itemized in the fax correspondence of Mr. John Golden dated July 30, 2004 and attached hereto as Exhibit 3. Of particular note in Mr. Golden's correspondence are items number 8 through 11 in . which the Yamagami Trust demands a $25,000 fee, paving of dirt areas, installing fencing and sliding gate and painting the YaJJ1agami building. The Yamagami Trust is simply out of control on their perception about the condition granted by the Pl!UJI1ing Commission. Clearly Mr. Bunker has made every reasonable effort to comply with the requests of the City in providing the re-striping of spaces to the Yarnagami Trust parking lot. The Yamagami Trust, however, has acted in bad faith and either obstructed the process of re-striping the parking lot by dragging it out for oyer 16 months and or has, at each stage of the negotiations, upped the ante by making additional unreasonable and or truly outrageous demands. Mr. Bunker therefore respectfully requests that the City accept his tender herein of a cashier's check in the amount of $25,000 made payable to the "Yamagami Trust or City of Cupertino" in satisfaction òf the parking lot re-striping condition in favor of the Yamagami Trust and thereon issue the requested building permits. Mr. Bunker also tenders herein and attached hereto an indemnification agreement holding the City harmless as to ~ legal actions by the Yamagami Trust with regard to the parking lot striping and circuJatiori. issue. I look forward to your earliest possible reply herein. Sincerely Yours, David B. Prince 2 (1-\.{J- 05/31/2005 03:23 4088573777 LAW OFFICE PAGE 12/25 10501 OTftçCIþ.u" 11.2.4 1210(a) CASHIER'S CHECK SERIAL#: OOeo102£15 ACCOUNT#: 4861-5052!15 P\MChS,.~ GREGG ê 81JNIQ:R P\nd'Ib,ør At:.e:ount: !:OI124411! Oper5'Ior 1.0.: cu000931 cuO.21f1:20 PAYTOTHEORDEROF ···YAMAGAMI TRUST OR CITY OF CUPERTINO··· Novernber 19, 2004 ***Twenty.fjlie thousand dollars and no centsH* -$25,000.00** vote IF O~R us S 26,000.00 wELLS FARGO BANK. N.A. SA.RATOGA 14428 BIG BASIN WAY SARATOG4. CA 95070 FOR IfIIOUIRlE$ CAU. (480) 394-31 22 NOTICE TO PURCHASER - F 11'415 lN8'1"ftuMENT IS LDsr, STOLENOR0E5~, yOu MAY~QUESTCANCEu.AT1ON A,ND REJS:3UANCE, AS A cotmmONTO-CANQEU.Al1ON AND AEISSUAHCE. 'ilEUS FARGO BANK MAY IMPOSE A FEE! ANP RECUIR.E AN INOENNlT'( AGREEMENT AND BONO. NON-NEGOT.IABL.E Purchaser Copy FElOO4 w.~ ." ,~ :.;" ,,' ;< :-. '. '0'656'1'02615 "{"\' ,"."'., ."". QfI~~# ..~, \' . 1\-#:4 ;.' ~10(·); ~ " ., "'é;ASHIER'sêHECK ":' :.. ..', .:~:;., ',",} "n':'", :: :.:.,:~ . ..."""~,,." :>' ., ,. ;~. .: .Y .. ¡. ,:.,<" ~~é '. -..:'.. opemcr I.D': CUOIIOtaT. :;;'. ,..:,:!. ),;"" . ~~~W1~';, '. ,,~:::" .' ,y': ,,;.: ,,::/ ",:.:.~, . , ; AMAGAMI TRUST O~CITY (OF CUPERTINO"* ,&~Jr:;;:;::t:/~~ ·61:~~;t ~ .~r, ... __,' . ~',(~g': \' :.';:,": ~,):::;,;;,-", :',.' ·i,,:·:,:~/:~~::r}:.-' .:,,','" .:'~,:(~:::', ,:,' \'à!:fidJr&-& ¥lì:ið(¡dffk~ts~ /;:. !".:' ~,.:- :';, ::, ai~1\~i~~~'1*;r;~~..... ':'- ,;:.',",.,"',"..''':., ,: ',' :;::".' '«No~iÝlber 19; 2004 . :", , ....'", ':.. -', , :- ';> ~ -', ,'; " ; **$25,000.00** 11"00 so ~o ~ b ~ 51" I: ~ ~ ~000 i! 1..,8-:...8 b ~ so 5 i! q 511" f2-l{ 3 if 05/31/2005 03:23 4088573777 LAW OFFICE PAGE 13/25 Exhibit 4 6 ('2-L(Lt. 05/31/2005 03:23 4088573777 LAW OFFICE PAGE 14/25 Iè a02lD¡)~ 04f28/Z005 '9 :00 FA~ 402 ", ì~ cm CUPERTINO M-2Oœ-01 C11J:' OF CUPERTINO lœDO T~ Avenue Cupertino, CalIforoja 95014 RESOLUTION NO. 6'1f1l OF nœ PI..A.NNJNG COMMISSION OF nm ern' OF CtJPERTINO TO MODIFY ;.. CONDrncm OF AFF!P-OV AL THAT I.œQ'tJIRES PROVIDING ADDmONAL p;..IU01'lG ~ AL1.S ON TI1E ADJACENT fROI?BRTY FOR TJS:E ~ u- 2003-03 (CON$TR1JCTION OF SIX CONDO~ AND 'U1E ADDUIONOF 1,825 SQUARE FEET TO .AN BXJS1'D'IG RET .AJ,l. BUILDING). §fCTION 1: pgOTECT t"I'C ~IP'I'10N - Appltcation No{B)~ App~t: Location; M-2QJ5.o1 . Tom Sloan f!N o1f Q%I:Iera) 1.3'75 5cJgth De ArlzII !3ö'J1evard ~ON n: ¡;¡NDINœ FOR A MODtFICATlON TO A USE PERMIT WHERBAS, ~ 1"1J1,1\t1Jng COIIU'J.1Ission of the Oty of CupertinD :received. an application for II MoðifiC¡l.tion to a Uie Pennit, ~ des<'1'ibed In SectiOllll. of t1Ù5 Resolution; and WHBlWAS, the necaosary publit: notices haVe been gf;\'en 1n ~ordanI::e wi,th the PIocedural Or~ of the City of Cu.pertln<J, and the Plaxtrûng CommIssion baa held one or more publlc hearings on thi5 matte¡; and WHEJœ.AS, the applicant baS met thll buIden of proof I'6quhed to QUpport saldapp1iI:alion; and has not sati5fie<l, the following :requjrements: l) The propœed use, at th~ ptoP06ed location. will not be dêtrtmenta1 or in wious to property Ct 1.ropn¡V~ in the vicinity, and wm not be dl!t1'lroental to the pubJic health, taJety, general we1fare, or convDence; 2) The propøeed use will be lQC3.ted and conducted in 1'1 marmer in ..o:md with the cu~ti/:It! CompreheIlSive (kneraI Plan and the purpose of thia title. NOW, T.HER!!FOR1>, BElT 1ŒSOLVED: , That afta care£ul consideratiøn of maps, facts, e>cbibitll, te$l:imOtlY and otMr evidetlCe submitted In this matter, the app!!cation for Modification to a Use pemùt (U-20Q3..03) is hereby approved. . That the subco~luøions \l.pol\ whidl the fit\dÍßg5 and conàitiorl5 specified Ï1'I this resolution. are based lIrE: contained in the public heuiJ'¡g recoÑ conceroØg App1iC1.ti.on No(S). M-2006- { 2---- L[ J 05/31/2005 03:23 4088673777 LAW OFFICE PAGE 15/26 i1 OQ~/O¢9 Q4/2Ð/2006 1a:OO FA~ 408 117 13 my CUPERiIKII Røolution No. 6297 M-2005-01 A )ri126. :2005 Page 2 01, as 5~ forth in the MiJtu- of t.\te PJat¡nItlß CommiSllion !J:eeting of April 26, 2005. IImd I!.te iIu:orporated by re£ermce IS thOl1gl\ tully set £orth herein. ~ON ID: CONDmoNS ADMTN1STEREt) BYTHE("oMMUNl'{YP~ DM. 12.. }NCIDIiNT AL -PA.RKlNG: . . The applicant 5haIl obtaJn a writteJl confinMtion £rom the Yaxnagami Tmst (or . ~entiltive!l tbereo£) that \:hey' ha'tlt t\O objections to the project NJ p1ønned. &peclñcany re1ati.tlg to the Inddsntal parkœg prlvi1ege9 prior 1;0 is&UaMe of wildi:tlg permits. - pASSED AND AooPTED thiJ 26th day of April 2005, at.:RegW.4r Meetitlg of the Planning cOIJ]IlÚSSiOn of the Ot)7 of CupertinO! State of Califomla. "by tM foUQWlng rolleøll vote: A "(f{j: NOES: ABSI'AlN: ,ABSENT: COMMISSIONERS: Giefer; Vice-Chiúr Miller, Saadati IU\d ChalrpetaOn Woog COMMISSIONERS: COMMISSIONERS; Chen COMMlSSIONERS; ATI1ìSI': APPROVED: Is/ Steve Piasl't"1d Steve p¡asaeki DirIlCtOt of cmnmurúty Development /s/ GiJbe:rtWon~ çjJbert WOJ:Ig. Clairperson Cupetlfno Plaxu'\!f1g Çonunissiot\ G:\ Pbm/Itng\ PIJRBI'OR'T\RE5\M-2IJO,5.DI f'(S.doc /2-Lf{, 05/31/2005 03:23 ------ 4088573777 LAW OFFICE PAGE 15/25 .' /../ "( CITYOFCUPERTINO' .' 10300 Torre Avenue, cupertino, Çalifomia 95014 DEPAF.:rMENT OF co~ DHVELOPMENTRE1'OR~FORM . . ~~ncläDi\,te:~8,'~~.····· . .:, Application: Applicant; pto:>peMOwn¢r. Properly Locatiom TM-20Q4-01 .' Gregg Bunk~ . ~èggBùrù<er 1375 s. DeAAza Blvd. A,pplication Su.nunary: .' .' ..... ... '. . . .... ...... .' TENTATIVE MAP to. subdivide .69acte parcelintotw'oJ?arçelsfor anáppr0'\Ted plaímeddeve10p~entproject;' o~è parée1 fuf9r residentiàluse(ì¡1XCO@.orilirû:¡jnis) arid" OIle is £o:r:tetail/ co11;\IDerdal office use. . . ..' .' ' .;.. REcoMMENDATION: . .' .' Staff rec( 1I\l1Í.eI\dsthJÌt the plarIDingCQIT\IXrlSSionapp~o:ve the tentative.map, number TM-2òÖ4-01. in accordaJ.;cewith the modelresohition. . . . .... . .". .'. . fiJ.é· . ;. p¡;oject Data: . . General Plan DesignatiO],'!; Zoning Desigriap.¡)n: Acreagé (gross):" ..' Density: s. Sara1:ö·à,.S'iJ.rip:fileR.d.\Ú~~2Ö·'···· .' .' ....g..rv.. ..... . units/ade !c6It\ìIierèiW./'¡{eåidential)·, . . P(CoaJ~5:-2.0f:·':ê; ...... \' '. .' . .69ácres ..' .- . 5 dul groac.' Project Consistency with: General Plan: . ZoJ:lÏnIr- Yes Yes ...........:...... Cät~go~i~Y.~exript:.'. :' , . .' ~viromnent¡¡lÑls.e!l~m~nt: 'í>j,$ÇtJ$SI()N: ..... :'.' ..... ....... .'. '. '. .... .... .., ...... .:". .'. . '. On¡"Jy,1~ 200;""'. S'tý~ å1'Ì""""" U,. ~"".t"""#¡ Y'~) Þi>,,",,*/ núXéd~usedev~oprnént located álongthe west of s:"t:>e'.~Blvd.~t:ti'i.éëêiiher9f'; . ,.ndflaw« Wor' The ¡nolo;! iodu'" ._/~"'""'''''''''''''t';'¡''''. . '.~ ""'.',,,,,*,."'1>diV;,ion ,,,,,,,,,,"~.,,,.~;!~,Y~~: ....;: coridit1ons £Q:f the approved UsePerrmE .'. .' ..,.i~ ."..' ,..-. ...,....... .,.,...., "+' .. ."'~' ·~~~.i~~~~~~¡~i~Œ~~i~gí~ of th¡;: site With an open parking lot in the back toWåið. the. wèSÌ:. The projett site is . .' surrounded by funnar còtrunèìcia1 uses with the excepti6n.cif'sevetal residentía.1 homes "~lé!?g~~'W¢erlYPF9pe¡ty~.11i~~¡:?;~ si~l,ái¡£r,9n~~)ëjtÞ.:ôi:t;)?è~BIVd., .. ." . arid WJ14flciWet Waÿ;Thé aWliëarit ÞtÓPcisestoinibd.Mdë'tf¡è!""¢Ójèct~cérihøtw'ô'·''') .:<¡'?', .·.~~~~·~J:~~~~~jJ~~~1~~1:~~~ .... .,........' .. ..' '1' '," r" -,' .'. . _ ·,,~)¡.P,;·Li;û~j¡t,~~~~£I~ ".., , .... <' 05/31/2005 03:23 4088673777 LAW OFFICE PAGE ,17/26 I. , . . MaIcilB, 21103, cc , . / / rM-Z~l Page 2 reciproçaJ. private vehicle, pedestrian mgress-egress arid parking easement bclWeen the - two lots. Enc1osttre!i: . ModeJ. Reso1uiion Tentative Map Approved Site Plan from U-20æ-03 . ~. .1 '¡ "~; .-; Prepared by: Gary Chao, Assistant PJ.a¡m.er .' . ..' .... '. . '. . - '. 'c' . . Approv~d l;1y:..St¡!vè.Pluecki,Di:reC1;or of community DeVe1()p~~ " G:\PIarurlng\PoRBPO:!tr\pcTMreports\ TM-2Q()4..()l.doc . .. "."' . ." <:..-':::":;: .' .'." ,.' ,. .,,- i.";' -. .. . - '..... '-p , ," . ",'-,-).-·-;~·~{¡L;'.- . ..,.-:' . .,." ',.' .;:::.~" '--', ' "",," . ·{···¿··'1'lJc.',.,:, .. , --. ,.:' ...,.,.,' ." ." .--.' ......:.:. ,'.' .."",." ., - ..'.'. .:~-'.,~,.... 05/31/2005 03:23 4088573777 LAW OFFICE PAGE 18/25 Exhibit 5 7 1'2-'-11 05/31/2005 03:23 4088673777 LAW OFFICE PAGE 19/26 I REC FEE RMF MICRO LIEN NOT SMPF 8411487 J 348PlIGE 913 RECORDING !\I'QUESiED BY "Stewart Title of caJ.ifornia. I;,.5C~D""''''O. 141270 ~.,.,ri 141271 ~~.I the nilquest Of STEWART TITLE of CALIFORNIA rf" ~ Gregg Bunker 1890 C_ Ave. San Jose, Ca. L AHQ WHE:N II:p;CQFlQI:D N....IL. TO I j ~ MAY 17 1985 8:00 A.M. Laurie Kane, Recorder Sanca Clare CQWlT:Y. Otflcn.al Record.. .....1\. T"~ 5T",TIIIM"IIOT..TQ -.J ï S~ÀC j;: ,A.BOVE: TI-IIS l-,IN£ RESERVE.D FOR A~C.ORDER·S usE í L -.J A.P. NO, ",,(.,10 _ \~- S~ ~¡.,<c- \ <;;>-ÎO Ad.d;¡;essee 1\.b:1ve Grant Deed Furnished by STEWART TITLE 01 CALIFORNIA The undeJ"signed grantor(s) declne(s): Docw:nentaI}' transfer tax is $ 484.00 ~ computed on full value of property conveyed, or ( ) computed on fun value less Vall,l8 Qf liens ¡¡nd encu:robram:es rem.uning at time Qf sale. ( ) U:o.incorpor.ted /Uea; ( ) City of . and FOR A VALUABLE CONSXDERATION, rec;!eipt of which Ì!I hereby acknOWledged, . = YAMI\G1IMI, ¡>ersonal Representative of the Estate of = y~ b....by CßANT(SJ to œEGG C. BUNI<ER, a Binq~e. man j) (I (J\ thé following desc:ribed real p.:operty In tbe City of ~ino County oE Santa. clara . Swte Qf CaliEomia: legal description attached hereto as EKhibit itA" -and made a part hereof. ,!; .~ ~ Dated. ~il 1'. 1985 ST,4.Tti OF çA,LlFORNtA } ... COUNTY Of' santa Clæ;a. On AVT"i' 12 1 qA5 br=fort me, tn~ under- ,i8n«l, a Not.uy n.bljc in and fœ- a"'¡d. :St.t~. pcr,onll.lly .aþ:ØU,red ,ì;YrI V;::mv:¡q~; a,---- .- ..... J!,¡!6 'IBIJ..t:2~ Representative of j-hø ~~""+~ nof ~T"n V~;:::¡mí ~~...-cn'Qnt:. to the Ç<:>lrt ()J::der HJ.ed [)eCmIber 17, 1985 slan:;ltuT" . FIClAr.. SEAr.. C. HERRICK _ NOiAAY PU8UC' CAIJFORNIA SANÏA CLAA4. cOUNTY My c.o...... 1iKpim. Aug. 2,9, 1~9 ~r~-'Iftf; (Of PfDVtd to me on me ba$j, of s&ÚSfac1or)' ~vidtßc'} tl;l be the ~h{$>--- whole 1:)11" e.-!:§ 5U!nCtI'DeG IQ t"t.w\thln in$tMJII .iRJIt ..nd.ð~cXßowledf!ed that .- ',eXi t I WITNESS my haTld no;! ora, c. H~ick N"UlIii (Typtd or Primed) (Ttúl w=- for om.::>.; notarial.."t) MA1L. T~X STA.ï~MEN-rS AS DSR,ECTEtJ ABOVE "')"2- )Z) 05/31/2005 03:23 4088573777 LAW OFFICE Ð011BlT ItAIt J 348PAGE 914 PARCEL ONE: A. LOT 15, TRACT 6765, FILED SEPTEMBER 17, 19aO IN BOOK 471 OF MAPS, AT PAGE 32} SÞlIITA CLARA COlJ'lTY RE:CORDS. 6. BEe;Ii'NI"c AT A RAILROI'D .SPIKE DR1VEN IN THE CENTERLINE OF THE S'-"'NYVALE- SARATOGA ROAD AT TME SOVfHEASTERLY CORNER OF THAT CERTAIN 17 _546 ACRE TRACT OF LAND CONVEYEO By JQH'I MESSEMER, ET UX, TO NORMA STEfFANI, ET AL, By DEEO OATED MARCH 24, 1933, RECORDED MARCH 24, 1933 IN BOOK 6'9 OF OFfICIAL RECORDS, pAGE 56a, RECOROS OF SANTA CLARA COUNTY, SAID RAILROAD SPIKE BEINe; ALSO AT THE NORTHEASTERLY CORNER OF TRACT t\O. 124 SLEDIV¡SI(J'¡ OF THE VAN DINE TRACT IN SECTION 25, TOWNSHIP 7 SOUTM RANGE , wEST M.D.M. ACCORDING TD THE MAP THEREOF OF RECORD IN THE OFF ICE OF THE RECORDER OF THE COUNTy OF SANTA CLAAA, STATE OF CALIFORNIA, IN BOOK 4 OF MAPS, PAGES 24 tW:J 25, sAID POINT OF BEGI~tNG BEtNG ALSO rHE SOUTHSAST CORNE~ OF THAT CE.RTAIN 7.392 ACRE PARCEL OF LAND DESCRIBED IN THE DEED FROM NORMA STEFFAN I, ET AL, TO O. J. REGNART, ET UX, OATED DECEMßER 14, 1944, RECORDED DECEMBER 15, 19~~ IN BOOK 12~1 OF OFFICIAL RECORDS, P¡lbE 17, SmTA CLARA COUNTY RECORDS, THENCE RUNNING ALONG THE CENTER LINE OF SAID SLN; YVALE-SAAATOGA ROAD, ~TH 159.866 FEET TO TME TRUE poINT OF BEGINNING Of THE PARCEL TO BE HEREIN DESCRIBED THENCE FRa-I SAID TRUI': pOlm OF BEe;INNI"c MD C(J'¡T INUING ALONG THE CENTERLINE OF SAID ROAD NORTH 105 FEET MORE OR LESS TO THE SOUI11EASTERL Y CORNER OF THAT cERTAIN PÞRCEL OF L.ðND DESCRI6ED IN THAT CERTAIN DEED OF TRUST exECUTED BY TÞRO YI'MAGÞMI, DATED DECEM3ER 31, 1956, RECORDED JANUARY 9, 1957 IN BOOK 3702 OF DFFICIAL RECORDS, pAGE 151, THENCE WESTERLY ALONG THE sruTHERL Y LINE OF SAID PAACEL AN) ITS WESTERLY PROLONGATION 209 FE"- THEI'CE SOUTH AND PARALLEL WITH THE CENTERLlNEOF SAID SU!'.NYVALE-SÞRAToGA ROAD 105 FE~TI THENCE EAST AND ~~LEL wITH THE SOUTHERLY LINE OF THE YÞ/'IAGÞMJ PAACEL 209 FEET TO THE TRUE POINT OF BEG1i'NING AN) BEING A PORTION OF THE EAST 112 DF THE NORTHWESTERL Y 1/~ OF SECT ION 25, TO"",SHIP 7 SOUTH RANGE 2 WEST, M.D.B. . M. EXCEPTI~ THEREFROM ALL THAT CERTAIN TRACT OF LÞND AS GRANTED IN THE DEED FROM O.J. REGNART, ET LO(, TO THE STATE OF CALIFORNIA, DATED JANUARY 27, 1959, RECORDED FEBRUARY 17, 19~9 IN BOOK 4326 OFFICIAL RECORDS PAGE 19, ÞND MORE PARtICULARLY DESCRIBED AS FOLLOWS: COI"MENCIr.G AT THE SOUTHEASTERl.Y cORNER OF Tt't" PAACEL OF LI>ND CONVEYED TO TAAO Y!'MAG""'I RECORDEO DECEMBER 9, 1947 IN BOOK 1447 AT PAGE 490, OFFICIAL RECOODS OF SANTA CLAAA CQt....NTY; THENCE AlONG THE LINE CCJo'K)N ro THE LANDS.. f'()W Œ< Fo<MERLY OF O. J. REGNART ET UX, AND OF TARO YAMAGÞMI, NORTH a9 DEe;. 07' 04" WEST 25.66 FEET; THENCE SOVfH 1 oEG. 39' 41" EAST 120.16 FEET TO THE WESTERLY LINE OF THE EXISTING STATE HIGHWAY IN SANTA cLARA colNTY ROI'D IV~s.JS; TÆI'CE SOUTH 8a DEG. 57' 48" EAST·20.00 FEET TO THE CENTER LINE OF SAID STATE HIGHWAY; THENCE "'-0Nt; SAID CENTER LINE NJRTH 1 DEe;. 02' 12" EAST 120.09 FEET TO TrE POINT OF CC>1MENCEMENT. RESERVING T~EREFRCM: !IN EASEMENT APPuRTENANT TO THE REMAINING LtW:JS OF GRANTORDc:mi:œnt TENPMENT FOR VEHICULAR INGRESS AND EGRESS AND PARKING PURPOSES EXCLUDINO uSE BY CQMMgRCIAL VEHICLES SUBJECT TO THE TERMS AN) PROVISIONS OF THAT CERTAIN AGREB-IENT ATTACHED HEREíO AS exHIBIT "A-I" ÞND MI'DE A PART MEREDF. PAGE 20/25 /l- yl 05/31/2005 03:23 4088573777 E>Q-iIBIT "A.... emf' PARCEL TWO: LAW OFFICE J 348PAGE 915 AN EASEMENT I'PPlRTENANT To THE PROPERTY DESCRIBED IN PARCEL ONE ÞBOVE (D()o1INAN"T T6N.A/oENT) CNER THE LAN:>S OF GRANTDR (SERVIENT TENN'lENT) FOR INGRESS AKJ EGRESS I>ND PAAJ(I~ PuRPOSES SUBJECT 'A TI'16 ,ERMS AI'{) PROVI'ÕIONS OF ,HAT CER, AIN AGREEMENT An ÞCHS> HERETO AS EXH IB n A-I Ai'V MADE A PART HEREOF. PARCEL THREE: ÞN EASEMENT APPURTENANT TO THE PROPERTY DESCRIBED IN PARCEL ONE ABOVE (DOMINANT TENNoENT), FOR T~ CCNSTRUCTION, INSTALLATION ÞW'I'AINTENI>NCE CF LAi'VSCAPINJ, II'l:LUDINJ BU' f'l)T LIMnED TO PLAN1'[NJ, TRÞNSPl..ANTINJ, SElTU'i<> OUT, UPROOTINJ, PRUNINJ (ABOIÆ ..., BELOW GR().ND, AN) 'RII'MING OF QRNN'Ef'IT1\L TREES, SHRUBS, GROJND CO\ÆR AN) OTHER PLANT MATERIALS, ÞW FURTHõR INCLLOINJ CONSTRliCT ICN, INSTALLATlCN AN) MAINTENAi'l:E Cf' ÞN IRRIGATION SYSTEM A>O APPUR,ENÞNCE'Õ, Ai'V Tt-E RIGHT TO GRÞDE, EXCAVATE I\I'V OTHERWISE PREPARE THE REÞI. PROPERTY DESCRIBED IN THE EASEMENT FOR PLANTING, TRANSPLANTINJ AI'D SElTlNJ OUT. AS THE CASE MAY BE TOGETHER WITH THE RIGHT OF INGRESS IWJ EGRESS OVER, LWER 1>ND THR(UGH A STRIP OF LAN:> OF A UNIFORM WlD,H OF THREE FEET WHIÇH LIES NORTHERLY OF AKJ CONTIGUOUS TO THE NORTHERLY l.INE OF PARCEL ONE HEREIN DESCRIBED, BEING 108 FEET IN LEI'GTH (EAST 'a WEST) Tt-IE EASTERLY BQUNDAAYLli'.E Cf' WHIÇH LIES .53 FEET WESTERLY FRCM TÆ WESTERLY LINE CF THE LAN:>S CCl'NEYED TO THE Cny OF SÞN JOSE BY DEED RECORDED DECEMBER 5, 19G8 IN BOOK 8358 AT pACE ~60.. OFFICIAL RECORDS. APN: 3G6 19 056 APN: 36G 19 70 PAGE 21/25 f 2-jL 05/31/2005 03:23 4088573777 LAW OFFI CE PAGE 22/25 " . J348PAGE 916 . ~. EXH IB IT A-I AGREEMENT RE; INGRESS AND EGRESS EASEMENTS THIS ,AGREEMENT IS MÞVE TH[5~ DAY OF n.nri] " 1985" BY ,AND BETWEEN JIRO YI'MAGI>¡oH, AS EXECUTOR OF THE ESTATE OF PRO YPMAGAMI, Hi:Ri:INAFTER RE.~€RRED TO AS GRANTOR H'Ø GREGG BUNKER... INDIVIDUALLY ÞND OOlNG BUS1NE5S AS PH:JTO DRIVE-UP, INC., Hf:REINN'TER REFERRffi TO AS GRANTEE. WHEREAS: GRANTOR HAS CONVEYED TO GRANTEE THE EASeMENTS DESCRIBED IN PAACEL n.o AND THREE OF EXHIBIT A TO WHICH THIS llúRi:EMENY IS ATTACHED, NOW; THEREFORE: C;RANTO<. AND GRANTEE HEREBY AGREE THAT SAID EASEMENT IS INTENDED FOR THE USE OF CONSUMERS ONLY AND NoT OF COMMERCIAL VEHICI..E.S ÞND THAT THE OWNER Of THf OOMtNANì íEN.AME:NT (GRANTEE) SHALL BE RESPONSIBLE FOR AL~ INITIAL COSTS OF CONSTRVCT ICN of C\.RBS, GUTIERS ANO LANDSCAP ING AS REQVIRED BY THE CITY OF CUPERTINO AND THERfN'TER, FOR ALL COSTS FOR HAINTEN,ANÇE JW) REPAIR OF THE SlIME I>S TO THE DRIVEWAY NOW LOCATED OR TO BE LOCATED AT THE SOUiH~ASTE~LY CORNER OF T~E SERVIENT TENt'I'IENT ONLY. GRANTeR SPECIf ICALL Y RE5E~:RVES ALL RIGHTS OF I!'GRESS ;.ND EGRESS OF ~L Vi:~ICLES OVER AND UP", SAID DRIVEWAY AS THE SlIME IS NECESSARY OR DESIRÞBLE TD THE SERVIENT TENA"IENT. THIS INSTRU'lENT SHALL BE BINDING UPON THE PAATlES TO THIS AGREEMENT, THEIR HEIRS... SUCCESSORS .AND ASSIGNS. THIS INSTRU'lENT CONTAINS THE ENTIRE AGREEMENT ßETWEEN T~E PARTIES RE~ATlN<; TO T~E RIGHTS ~EREIN GRANTED AND THE OBLIGATIONS HEREIN A5Sl.MEO. ÞNY CRAL REPRESENTATIONS OR MODIF ICATlONS CONCERNING THIS INSTRl.MENT SHALL BE OF NO FORCE AND EFFECT EXCEPTING A SUBSEQUENT MODIFICATIDN IN WRITING sIGNED BY ALL PAATIES. IN WITNESS WHEREOF, WE HAVE EXECVn:D TH.lS INSTRl.MENT THIS ¡2 DAy OF 1\p.t1l , 1985 THE ESTAT. DBA ondivith1ø.1) SiATI.O'F CA.U'FOIU'¡¡A. }ss COUNTY OF c::;; ¡.,.,...."" (""12,...:::1 Î 01\ April 12., 19a5 b~rorr. .!tIC, the UndeT- ;il .n<;V, a f'lQtary public ~n IIDd fQr laid. 51i1\", ~t~ori;pJ1)' IIPpu.red Greqq aunJc,er · · · < · · · < ; (I OI'f.lCIAI.. SEAl- e. HERRICK NOl'AAY PUBUC - CALWORNIA SANTA. Cl.AAA COUNT'( MyCoftla\. ¡¡Kp¡,.u....u.;.29.IUfI ~~.~ "II, \ I'IGwrr-W"IftC (or p(o~d to (tie on tþr. basis of $õllillre.ctct)' lWid.e:nct} II) btI the pcnOnts}....-- wl1tJ$r. n8me.--isfi.lIl»crïÞ... to I the: w{\.tUn il\s\rurntFit aneJ IIcknowkd& th.\ e t e;o:(i;UI ¡t\r. ~.tt\e. n::1 :$1: 5iøn;a(¡jre aTC" (' -¡.(......-~,........ ~amt (Typed or ,PrÎl\ttd) 111111 IIrCIIoI\Jl' dI cIool IIOX..MJ p..l) 12-)"] 05/31/2005 03:23 4088573777 LAW OFFICE PAGE 23/25 Ste>..rt Title of california. Escrow # 14127Q j 348mt gr") c= Ba:r::clays Bank of California, a California co:t:piraton, as Beneficia¡;y of that certain Deed of :crust dated J=e 2, 1975, =ted Þy Taro xamagami, a roarriro man, as his sole æ:rl separate property and r$OOpded June 25, 1975 in Book B4BO, at page 269, Official Records of Santa clara County hereby" consents tD the creation öf the ea.semerlts created. by the Deed to which this cOI1sent is aDúexeèL /' I\y: Dated L/. /5' :h I\y: ~ (corporOltilm) ¡ t ~ STATE OF CALIFORNIA. } couNT\' OF Santa. Clara ::¡.:i. ~ April 18. 1985 I)&fore mf:, tht \llIdenj¡ncd, a Notljlry fublk In and for saId Statç, ¡¡euol'l"Uy appe:ued G. Kennp.dv I,,~.o_n to mo {?1 p.o....ed. 10 me on Ihe baJU or J..IIU4f..ewry niddCe} to'ot=the V1Ce Pfll$idcnl.tll1 *'ir*.....1t~**'* known to me (Dr provcQ to me on (1:11;: ¿~is of satiJ¡f.c\Gry e"idence) to be ....."............ ScCl'Claty of the CQTPOlaUon tnõJt aecutcd the witbln 1000ltuJJ C\t on bc~( of tM C;orpQratìoll lh&f&ln named. and ~!:kMwl'Cd,t<l. to ",C that nltb. CorporatiOn t:xect,ltcd th¢ ",itÞin L~ltumtnt pur$U;UU to Its by-¡lI.w~ or I r~nJulill" <:If I~ bOArd of direCtors. WJ't"N~SS my hlUld limd oma,,1 $9). Si,"",." A JL!r.."'r~ iJ f'i4,17ß.4R n 8TCM Na'l'('le (Typ~c1 Of "rlJ:\l~) ., u " " " t ~ . '1 (Th¡...~...fc r"t ;ciIl nol,fJ.11OI/.O ,f 2 8_ ~ 0 ,§IS ~Ç1 ~ ;,~ .s;n\· ."i-!; A<¥,:;; .\"'~ '[;.1 r" , Q8 [):> tI} '.'-'!J~~'" t:S~ ~o Þ ....0;:13 I:"" ~! ~ ".. ..... 1 CORPORATE ACKNOWLEDGMeNT StelQ01 california Countyot .-S.a.Q.,.FY"(lnci ~r.o }.. On tnle. the 23rd day of April '9~,betorema, the unl;lers\gnec:l NQt;,.!'Y PubHc;¡, person.:l.lly 8RPliil.:l.red Helen M. Nugent '."llllIlJlllllllllllllllulllnlllllllull"'II..I....... ËQ OFF'ICIAL SEAL ª = HELEN M. NUQENT , i Ii N01ARY PUBUC· CAUfQ"nIA= = C1lY & roUNT"f Of SIN ffi!J C~ro! :: My (¡Qmmt~1I explru April 30, 19BI} ~ .1I1"11.1I'''$ ' II IIII'IIII....'''~I'''tI I.III ''li.tiì JaCK L. BrIdge ~ personally known to me CJ proved to me on the basts ot satisfactory evide.nce to be tha per50n(S) who èxecuted the witf"lln Instrument as secretary or on beha.1f of tl\o corpora,tJon ttu~reln n~rned, SI'Id acknowledged to me. that the corporatIon executed it. WITN E55 ~nd and OI1!;'al ,."\ ~;¡:ui,-"" )4. ~". j.- Nota.ry's Signature / N"'1"IOHAl~V~¿TI("IN.(7.>O\1'V."¡"'~""-' ....... ""..g....·............M...... ,...........' {2' J.~ 05/31/2005 03:23 4088673777 LAW OFFICE PAGE 24/26 Exhibit 6 3 /2- 'S) 05/31/2005 03:23 4088573777 LAW OFFICE PAGE 25/25 . . TM~20~1" CITY OF cupERTINO 10WûTorreAvenue·.. .' Cu ertinP California. 95014 p.. . .". ..... ..' . ,,-'; . . RESQLunON OF THE Pi.A.NNINGCOMwssJ6N OF nmÇtrYOFCUPERTlNO RECoMMENDING APPROVAL OF A'I'ENTA11VÊ~TOSµBDIVIJ)E()r%,69~ " ' ACREPARCELINTOTWOPARCEtSFORANAt'PROVEDPLANNÈD · '. . . DEVELoPMIiNT PROJEct; ONEP ARCECIS FOIÙ$ID1'!N'l'1ALt,JSÊ(5P< CONDûMJNIUMS) AND ONE IS FOR 'RETAIL/co~CìALbFF1çEU~,' . ., ,,' '.',,', :',. . ,".'. . ,,- , SECTION I:·. PRo'IECT DESCß1EllON . Application No.: ··.Applicant Lc;>catítm: . TM-2004-01 (Jregg ßU1)kef 1375 S~DeAItz¡i.Blvd. . . :.-'" ,:," ~':' ' .SEëTION n:~INGS ~. ' . . . . . . , . . -' .. c 'WHEREAS, the Pl~g eorrimission·of tile Cityóf qupt:i~iec~ed~~?plicati()rl. . ." for ,aT~tative 5ubdivisiori M~ as descril?ed in Se~tiÖ~l;I(I£~.R.-èsolutiOIli·an,d··. ,.' .". .'. . WHEREAS, the necessary public notices haveb~.givàås.~eq,~· by .ilié,i' .' subdivision and Procedural Ordinances of the o.t:y.ofCupe¡tÍnÖ,àr1d the pJ¡uininß.... . CoIDUdssion h.ás held at leaSt o~e public hearing in règar4i:o theappliç¡lti( ],i:;~d~' . ,.' .. . . '. ..',0'- ... 'W1iERBAS" th~ applicant has m~ the burden c of ;ptoofreq~d' ,to'$iþP¡:;rtSai~.-" applicaticm; and.~ satisfied the follüWinß reqtriIements: . ..' . , '. ;-.::,:':\,)3: d)Tbat the ~eæin ()£ the !!11bdiVis1Pn or$eprÒÞÖšedin1pr(}V~ts#en~lik~Y;' . ,./' . to câuse SIlbstantlal enVircíiunentald8:Øa,ge:nôì:8u~tari~Yáiid':àvÒidabl¢i:;., :;}'( .' ~ fiSh and wi1dlif~ oitheiihabit壷 .: .:,'''i+"'''Ç:·,¡e··'::'::''···'':''··:'·':;{'¡:: ..". :;,·,:ò'·i',"...d:-;, ".e) Th¡it th.e'd~, ~~ t;l1e.:mibçÙ~9ñ '?r'~:~~~:>i¡;¡Ö~iîkot~èì}~.;:~~~~~!~~~t;i?~k > thEi.~ are i}otJ.!1:e1Y; ~C! ~'!1!'eseri~ pUb~'; b.eaI.1;1}_...mþ~^ .,/ ':,:;'..,..;: ~ L'Y':· ·~t'4:·~;~ltìi ,-;;;. '. f) .Thal~:4es~ ':Cí£ th~~· sùbW~ionändltS '~~;:;mpróV~~t?¥i11 riof"':~ '\' i~~ . corÏflict'With i!àseirients acqriireâDY the pub1ié'a-tIãi'geícii aetesstJ:iÎòUghbrti8¢':·';:'C: of propertywìthiIi the proposed suÞdi-vision:' '. .... ,c· .... .:..., . '., " '.'; .'.: . "..: ,: . '. ~ " " '.' . "".' 'j'/:::'4;3>·:".\;((':;.. ¡ .1.'.,,', . ,......,' ./'; ·~:",d'i:' :·:'Á'¡:'!.;j~{i.j,\\::" 05/31/2005 03:23 4088573777 LAW OFFICE PAGE 25/25 I' Resolution No. Page 2 NOW, 'I'HffiU!FORE, BEIr RESOLVED: TM-2004..Ql . March 8 1004 '. , " ,.' "J, ';1 ",':"-". That . after carefulcopsideratioIl' of maps, facts, exhibits,. testimony. and' Öther . evidence.' submitted in this matter, the applicati9n TM-2OQ4.,Olfor ;a Tentative Ma,pishereby approved' subject to the conditiollS w}ùch ¡rre. eriuroera¥d iIl this Rêsolution begirmi1;tg pn ..... . p"ge2thêreof,and' . .' .......... .......... . . ... .... ....... . .' That j:hesubcondU5i~ uponwhicl\ the finding¡¡andcoAditiollSSPed£i~dÏJ1this : ...... Resolutionmre based and contained in the' Public HeariÎ1.grecörd èöncerrring. ..; . . Application TM-2004-01, as set forth in the MiIlut~8 of~. eoµ.u'¢ssionMee!ing of' '.." March 8; 2004, and ¡rre mcorporated by refeÚmceas th,Cnigh nµ1ysetforth l\~em:. .... SECTION ill: .' CONDmONS 'DEVELOPMEN1'DEPT: . ADMINISTERED . BY . THE . COMMUNITY .",."" .1.. , ' . . . . APPROVED EXHIBITS . ". . ......... .' ..' ..' ........ ;"> Approved is based on tl\etentative map .enl;i1:lêd "Tract No. Lota 1&2 beinga·,<. coridornini= development coJis]sting 2sheets~'Þý ~eEngïneE!rs,datedJJiliuary->" . 2004 exc~aS may beafuendedby the Conditi.cJ1'IScqri1;aìIi~inthisResòh1tiol1.(.· .......,. . ' ._,' ' . . .' -.,' ., ::._\." ',:.:':: ~.'.,~. '. .' :' d,' '.' " ' , - , ; ~., ,. . . 2.·~CÍPR@Þ1l'1q~I;EÇ;RBs5·EA5EM:ENTS':, .... . '. ..."'.... '\/:' .'þ¡, grluJ,t òr~~ei:ttford:ò~tcess, ~gressl egresl1arrdpårlqjigsMI1btiÍlu~d';: ...... . prior to'ñnalmápåppr()Vcl for we of drivéways, :parkiIlggá:r¡¡¡ge~~t6ti and · LOt 2~'The text of the easeÌnent sbâ11 be appróvlÍ~bysfåff~·;iliêrd.WAtfÒrriri .', · reyiew, al1.d recorded prior to recordåti.Dn of fiÎü!l Il1.ap;' .. .. , .' '.' ':-. . ", ..' . . '. .' . . . . . 3.INcIDENTALI'~O. .' . '. . .'. ..,. '. . .'. . '. . ,1'heapplicantsl1allpioyi~~,~t }e9:st20addiPOrial~~1~~,the~dj!l~~t~eidi4 EroPerty (to help Òffset the inÇidental parkiili .s~:'Þemg¡fu:þlâced~. ¡>a:rtófthiS"" c':' projëct) prior to recor~tiori of the FinalMap;1'h~£i:1iaÌP!>rkmg pWish&ll cloSely. . approximate thecqnceptUal· parking plansuÞroittep. .by \:hè ¥etrCi?ë$ign GrouI' ....... .. '. dated July 14; 2003. . Altemativ~y, iHhe applicant can clæ,r1y dem()IIStratetòthe '. City Attomeythat tl1e adjacentco:u:unerciaIpiopertydoeimot have parkiligrights. on theprojed Pr0pe:r:ty~ thenno~ddi,tioruù stal1š,wl1l:~reci~d. . ..... ...... '., -, ."': '. ........, '.' .".,:> .,';':C'{:;'7:,.i..·'b'::'·"::;"~<;:';' ;'''.:''.\Ji,.'~'U,,':~ . ,4. J?~~Y~~~cr. .,'....,,' "'. _"',::, ~ ,,' ~'''' .ji:'·i' ,,""~ ,,,,,." ",'.":·.é · 'Prior t6 öbtain!:Ì1.ø· à ': eiIIîit· for oc61 ", t1if ¡{." licant· Sfui11. . 'rO'iiidé: VìÍ'ritt'eIi ~,,¡ /~'.-:'¡;';: , . '. ........ _P,. ,,,.., . paJ,'IfY, ,..' ..)?I1,...... . P" :., ..'" . ,',.' '; ,. .., . . c~ti9ït#ón:'- theCuþé,rtinò saIiibgy Distrlcr~t*dëqµáte clipa.clty,'i9!aV~ablè' :.,:.~' : ':~ :", · for.thep:toject. .'.' . ..' ."..."".:' .. ,: ,". ",.:}:..::' ....:i-::,:~:,,;:,-'!,:.,;,; , , '-'. . . >, ,_. . . . . ' ",_:':\ '". '.," ,':..; .,'!.t.:.:· ..... 5···~~=¡~~=.oBt~~,~i~~~,¥pr~¥e(ÌW,tÞ~;:.: ......,.;; ,: develQ IU', ap' Qvidl:1ythe dty' Attòmeåii.d rèCôtiieô.'ii"··ilî.S'fi:h~sitffléèt,uu:"éfff''(~;i¡:;'';·;;-; ···/~t~·~;~~'~>i··· ..Y . ··.·ü~¡;;.;~~~~ti~.·i4~~~;¡¡"_1 /2 "y' --:;" : ..' .,.' .,'-.: ',:.. :,.-' ,', City Hall 10300 Torre Avenue Cupertino, CA 95014-3255 Telephone: (408) 777-3220 Fax: (408) 777-3366 I F CUPEIQ1NO DEPARTMENT OF ADMINISTRATIYE SERVICES SUMMARY Agenda Item No. , 3 Meeting Date: June 7, 2005 SUBJECT AND ISSUE Conduct the 2005/06 Budget Hearing. BACKGROUND The purpose of tonight's hearing is to continue the preliminary review of the annual budget and to give the public an opportunity to ask questions concerning fees and programs before its adoption on June 21,2005. An in-depth review of the budget was presented to City Council at the budget work session on June 2. At that time, the Council discussed our general fund financial situation, reserve policy, change in program levels, departmental budgets and the five-year capital improvement program. RECOMMENDA nON Staff recommends that the Council receive public comments on the 2005/06 proposed budget. Submitted by: Approved for submission: ~ (] mu;-r;/;l Carol A. Atwood Director of Administrative Services ~ David W. Knapp City Manager 13-1 Printed on Recycled Paper ! ...::'\ I ,r~ /' ,,».;- , - - ! . F CUPEIQ1NO PUBLIC WORKS DEPARTMENT AGENDA ITEM / L/ G.- SUBJECT AND ISSUE Summary AGENDA DATE June 7. 2005 Review of bids and award of contract for Contractual Janitorial Services, Project No. 2005-06 to Total Quality Maintenance in the amount of$ 303,352.00 per year. BACKGROUND The Janitorial Services are funded annually in the Service Center maintenance-operating budget. The term of the proposed agreement is two (2) year, beginning on July I, 2005 and can be extended on a year-to-year basis not exceeding two years from the expiration of the original term, for a possible total of four years. At the time of renewal the contract price will be increased or decreased based on the Consumer Price Index (CPI) all union wage earners on the anniversary date ofthe agreement. No CPI adjustment will be made during the first two-year term of the agreement. The following is a summary of bids received for the Street Sweeping project: Bidder Total Quality Maintenance Cal Facilities Management Co. DeAnza Building Maintenance Co. Engineer's Estimate Clean Innovation Corp. Service Management Co. Service By Medalion ACME Building Maintenance Base Bid **$ 303,352.00 **$ 463,078.00 $ 473,688.58 $ 475,000.00 **$ 480,688.00 **$ 510,467.30 **$ 521,308.00 **$ 523,006.58 ** Corrected amounts due to math errors on bid form. The extension of unit costs and the sum of these extensions are not deemed to be mistakes, since the bid is based on unit costs and these are simply math errors in multiplication and addition that are identifiable and correctable. The low bidder is Total Quality Maintenance (TQM) for the amount of $ 303,352.00 and this bidder meets the requirements of the Council's responsible contracting policy. However, the City has received a letter following the bid opening from TQM stating that they had made a "mistake" in their bid submittal, which would have increased their bid by over $48,000. Printed on Recycled Paper IL{ ~-I The City informed them by letter that once bids were open, they could not be changed simply because a mistake was made in preparing the bid. They were further advised that they could withdraw their bid but would then forfeit their bid deposit of $30,290. As of this date, they have not opted to withdraw. Although staff is recommending approval of this low bid because the contractor meets the bidding requirements, the fact that it is 35% below the next bidder and the majority of the bids are clustered within 10% of the Engineer's estimate of $475,000, combined with their claim of a 13% discrepancy in their bid does raise concerns about their ability to perform at this cost. Costs for this type of work in the south bay area typically range from 17 cents per square foot to 20 cents per square foot, whereas TQM's bid represents a cost of II cents per square foot. However, because TQM has maintained that they can meet the City's requirements at this price and because their references from prior work are very good, staff recommends approval of this bid. As part of this bid there are items for Emergency Cleaning and Unscheduled Carpet Cleaning as needed on an hourly rate basis and on a per square footage basis respectively. When necessary this work would be billed in addition to the monthly cleaning. FISCAL IMPACT This action would require expenditure from available funding in yarious building maintenance operating budget accounts for a total amount of $ 303,352.00. The funding is proposed for the operating budget for FY 2005-2006 so approval of this contract is conditioned on the Council's consideration of that proposed budget to effective July I, 2005, conditioned on approval of funding in the proposed FY 2005-2006 budget. STAFF RECOMMENDATION Review of bids and award of contract for Contractual Janitorial Services, Project No. 2005-06 to Total Quality Maintenance in the amount of $ 303,352.00 per year, conditioned on approval of the funding in the FY 2005-2006 proposed budget. Submitted by: Attest as to bids received: Approyed for submission: Ralph A. Qualls, Jr. Director of Public Works ~~-:l Kimberly Smith City Clerk ~ David W. Knapp City Manager I L{ CL -~ i,~i , .\ tì,> ..~:JT . City Hall 10300 Torre Avenue Cupertino, CA 95014·3255 (408) 77B354 FAX (408) 777·3333 I CUPEIQ1NO PUBLIC WORKS DEPARTMENT Summary AGENDA ITEM 1 '-Ib AGENDA DATE June 7. 2005 SUBJECT AND ISSUE Review of bids and award of contract for Poppy Way Improvements installation, Project No. 2005-03 to Sposeto Engineering in the amount of$ 69,691.00, and approval ofa construction contingency of $1 0,000.00 to cover any unforeseen work required to complete the project, for a totalof$ 79,691.00. BACKGROUND On January 4,2005, the Council considered an appeal by residents of the Poppy Way neighborhood who had objected to the installation of curb, gutter and sidewalk as a condition of the Murano housing development. The curb and gutter were located in such a way as to save several mature trees along the frontage of the development, which effectively narrowed the street width at that location. In hearing the concerns of the neighborhood, the Council acted to support their request and directed the staff to remove the trees and reconstruct the improvements to conform to the pre- existing alignment. Since the developer had correctly installed the new improvements, the relocation of the improvements would be completed at City expense through a competitively bid project. On May 31, 2005 the following bids were received for the project: Bidder Engineering Estimate Sposeto Engineering JJR Construction Base Bid $ 65,020.00 $ 69,691.00 $ 74,681.00 The lowest responsible and responsive bidder is Sposeto Engineering for the amount of $ 69,691.00. Printed on Recycled Paper I Y b-¡ FISCAL IMPACT This action would require expenditure from the sidewalk curb and gutter maintenance budget account no. 270-8403-7014 in the amount of$ 79,691.00. A total of $500,000 was budgeted by the Council for the repair of sidewalk curbs and gutters in FY 2004-2005. Of that amount a contract was awarded to JJR Construction in the amount of $373,200 and a contingency in the amount of$22,000 has also been included in the work for a total of$395,200. The balance remaining of $1 04,800 was intended for further curb and gutter repairs throughout the City but that balance has been held in abeyance since the Council's decision in January to insure that it could be used for the Poppy Way Project. If the Poppy Way contract is approved, the balance in this fund of approximately $25,000 would be available for additional curb, gutter and sidewalk repairs throughout the City. STAFF RECOMMENDATION Review of bids and award of contract for Poppy Way Improvements installation, Project No. 2005-03 to Sposeto Engineering in the amount of $ 69,691.00, and approval of a construction contingency of$IO,OOO.OO to cover any unforeseen work required to complete the project, for a total of$ 79,691.00. Submitted by: Attest as to bids received: Approved for submission: ~¿ David W. Knapp City Manager Ralph A. Qualls, Jr. Director of Public Ki~þdt City Clerk {'-f h-Á RESOLUTION NO. 05-095 DRAFT RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO REPLACING RESOLUTION NO. 04-405 AND CHANGING THE WORDING REGARDING TEEN COMMISSION APPOINTMENTS WHEREAS, the Council adopted Resolution No. 02-065 establishing a Teen Commission; WHEREAS, the Council adopted Resolution No. 02-167 to reflect new term limits; WHEREAS, the Council adopted Resolution No. 04-405 to reflect the change III composition; WHEREAS, the Council wishes to amend the wording related to the appointment of Teen Commission members; NOW, THEREFORE, BE IT RESOLVED that the City Council establishes the Cupertino Teen Commission according to the following: · The Cupertino Teen Commission will be comprised of thirteen (13) members, at least one person from each public middle school and public high school in Cupertino, if possible. Membership on the Commission will be limited to Cupertino residents. Members may attend schools outside of the city limits, or be schooled at home. Commissioners must be in 8th through 12th grade. . The members of the Teen Commission shall be appointed pursuant to the current recruitment process adopted by City Council, with the following exceptions: Applicants under the age of 18 must have written permission of a parent or guardian to participate in the Teen Commission. The Parks and Recreation Department will work with the City Clerk to notice vacancies so that outreach to schools and youth organizations is accomplished. A letter of recommendation shall be submitted as part of the application process. The Council shall appoint new commissioners in June, to be seated in September, except in the case of reappointment of vacant seats. A) In the event that more than 30 valid applications are received for the Teen Commission, the following procedure will be used to select those applicants that will be interviewed: I) For any grade for which there are 6 or fewer applications, all applications for that grade will be retained for the interview phase. 2) For any grade for which there are more than 6 applications, the City Clerk will distribute all applications to all Councilmembers. Each Councilmember will rank the applications separately for that grade with a IS--{ Resolution No. 05-095 1 number starting at 1 for the Councilmembers least favored applicant and continuing with successively higher numbers to the highest ranked applicant. For example, if there are 10 applications in grade II, each Councilmember will rate each of those applications from I to 10, with 10 being the score of the Councilmember's top choice. The City Clerk will then add those scores and retain only those applications with the top 6 scores. In the case of a tie for 6th place, all the applications in 6th place will be retained. 3) All retained applicants will then be interviewed by the Council. B) For all applications in the interview pool, the City Clerk will summarize the applications on a chart that indicates applicants' names, schools, and grades in order to assist the Council decision process. The summary chart will be distributed to the Councilmembers before interviewing begins. C) Each applicant in the interview pool will then be interviewed by Council. The applicant will start with a two-minute speech answering the questions: Why do you wish to serve? and Why do you feel you are qualified to serve? D) Each Councilmember will then haye the opportunity to ask at least I question of the applicant. E) When the entire pool has been interviewed, Council will discuss the applicants. After the discussion, ballot voting will take place to determine the appointments. F) If no applicant is appointed from one of the 5 public schools in Cupertino, Council may choose to re-advertise for a subsequent appointment process, fill the vacancy with any other applicant, or leave the seat vacant. . Commissioners should reflect the broadest possible representation of Cupertino youth. · The term of office of each commissioner shall be two years, beginning in September with the new school year. . Commissioners shall not serve consecutive terms unless there is a vacancy for which there is no eligible applicant, at which time the City Council may waive this restriction. · None of the Teen Commissioners shall be otherwise officials or employees of the City of Cupertino nor be related by blood or marriage to any official or employee of the city. · The Commission shall elect a chair and vice-chair at the beginning of each year. · Meeting times and location will be decided by the commission at the first meeting of the year, and will be adopted as the annual meeting schedule pursuant to the Brown Act. /)"-).. Resolution No. 05-095 3 · Actions taken by the Commission will be by majority vote. · The Department of Parks and Recreation will proyide staff support to the Teen Commission and will post meeting agendas. · Commencing in 2002, seven (7) Teen Commissioners shall be appointed for a one-year term and six (6) appointed for a two-year term. In 2003, (7) Teen Commissioners will be appointed to a two-year term setting the staggered terms of six (6) appointments in even numbered years and seven (7) appointments in odd-numbered years. Vacant seats will be filled with applicants willing to finish the term. · The powers and function ofthe Teen Commission will be to advise the City Council and staff on issues and projects important to youth. IT IS NOW THEREFORE RESOLVED by the City Council of the City of Cupertino that these amendments to the Teen Commission Resolution 05-095 be adopted. PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this 7th day of June 2005 by the following vote: Vote Members of the City Council AYES: NOES: ABSENT: ABSTAIN : ATTEST: APPROVED: City Clerk Mayor, City of Cupertino 1)'-] I F CUPEJQ1NO City Hall 10300 Torre Avenue Cupertino. CA 95014-3255 Telephone: (408) 777-3223 FAX: (408) 777-3366 OFFICE OF THE CITY CLERK Summary AGENDA ITEM I jp AGENDA DATE June 7. 2005 SUBJECT AND ISSUE Adopt an ordinance changing the regular meeting schedule from once a month to eyery other month for the Bicycle Pedestrian Commission, the Public Safety Commission, the Fine Arts Commission, and the Library Commission. BACKGROUND The City has suffered seyere reductions in resources oyer the past three years and it appears that this trend will continue into the foreseeable future. Currently the city staff is operating with ten percent fewer people than three years ago. Fortunately, this reduction has occurred through attrition and a selectiye hiring freeze so that no layoffs were required. Howeyer, many services have been impacted by this trend and it has become difficult to meet the demands placed upon staff under these conditions. In particular, staffing constraints in the Administratiye Services Department and the Public Works Department, which had been recently assigned the additional responsibility of providing staff support to the Public Safety Commission, haye continued to affect these departments' ability to support the many advisory Commissions of the City. Two years ago staff had recommended combining the Bicycle Pedestrian Commission and the Public Safety Commission into a single commission, as a way of consolidating resources and recognizing the reduction in staffing capability. That recommendation was not supported by either of those commissions nor by the City Council. Since that time, the staff capacity for supporting commissions has continued to dwindle and it is no longer feasible to continue the same leyel of support. In an effort to mitigate this situation, staff liaisons haye met with their commissions and proposed a change to the regular meeting schedule, from eyery month to eyery other month. The four comm¡"'<;ions listed were supportiye of this proposal, with the understanding that the chairperson of each commission can call always call additional, special meetings when necessary and/or appropriate. (Other commissions were not able to reduce their meetings because of workload, such as the Planning Commission, or already had the option of holding less frequent meetings, such as the Housing Commission and Telecommunication Commi!<.<;ion). I ~-I Printed on Recycled Paper Cupertino City Council Page 2 The current provisions of the Cupertino Municipal Code require that some Commissions hold regular monthly meetings, so it is recommended that Council adopt an ordinance amending the applicable code sections to state that regular meetings shall be held eyery other month (bi- monthly). If Council adopts this change, the Bicycle Pedestrian Commission will hold regular meetings in odd-numbered months, and the Public Safety Commission, Fine Arts Commission, and Library Commission, will hold regular meetings in eyen-numbered months. RECOMMENDATION Adopt an ordinance changing the regular meeting schedule from once a month to eyery other month for the Bicycle Pedestrian Commission, Fine Arts Commission, Library Commission, and Public Safety Commission. Submitted by: Approyed for submission: ~1~~tL City Clerk ~ David W. Knapp City Manager {~-2 DRAFT ORDINANCE NO. 1964 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CUPERTINO AMENDING SECTIONS OF THE CUPERTINO MUNICIPAL CODE REGARDING THE REGULAR MEETING DATES OF ADVISORY COMMISSIONS THE CITY COUNCIL OF THE CITY OF CUPERTINO HEREBY AMENDS THE FOLLOWING SECTIONS OF THE CUPERTINO MUNICIPAL CODE: I. Amendment Section 2.60.040 of the Cupertino Municipal Code is hereby amended to read as follows: 2.60.040 Meetings - Quorum - Officers - Staff The Public Safety Commission shall hold regular meetings at least once a !HORth every other month, and, at the discretion of the Commission, such other meetings as may be necessary or expedient. A majority of the Public Safety Commission shall constitute a quorum for the purpose of transacting the business of the Commission. The Public Safety Commission shall elect a chairperson and a vice- chairperson, both of whom shall serve at the pleasure of the Commission. Terms of the chairperson and vice- chairperson shall be for one year and shall begin on January 15th one year and be complete on January 15th the following year. The City Code Enforcement Officer or whomever designated by City Manager shall act as secretary of the Commission. Staff services as required shall be provided to the Commission by the City Manager. 2. Amendment Section 2.68.040 ofthe Cupertino Municipal Code is hereby amended to read as follows: 2.68.040 Meetings-Quorum-Officers-Staff. The Library Commission shall hold regular meetings at least once a !HORth every other month, and, at the discretion of the Commission, such other meetings as may be necessary or expedient. A majority of the Library Commission shall constitute a quorum for purposes of transacting the business of the Commission. The Library Commission shall elect a chairperson and a vice-chairperson, both of whom shall serve at the pleasure of the Commission. Terms of office for the chairperson and vice-chairperson shall be for one year and shall begin on January 15th one year and be complete on January 15th the following year. Staff services as required shall be provided to the Commission by the City Manager. 11c-3 Ordinance No. 1964 2 3. Amendment Section 2.80.050 of the Cupertino Municipal Code is hereby amended to read as follows: 2.80.050 Meetings-Quorum. A. The Fine Arts Commission shall establish a regular place of meeting and rules of conduct thereof and shall hold at least one regular meeting eael¡ every other month. 4. Amendment Section 2.92.050 of the Cupertino Municipal Code is hereby amended to read as follows: 2.92.050 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 eael¡ every other month, unless a regular meeting is cancelled by direction of the Commission chairperson. INTRODUCED at a regular meeting of the City Council of the City of Cupertino this 7th day of June 2005, and ENACTED at a regular meeting of the City Council of the City of Cupertino this _ day of June 2005 by the following vote: Vote Members of the City Council AYES: NOES: ABSENT: ABSTAIN: ATTEST: APPROVED: City Clerk Mayor, City of Cupertino ( ~-y DRAfT ORDINANCE NO. 1963 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CUPERTINO AMENDING SECTIONS 9.06.110 B3 AND 9.06.120 OF THE CUPERTINO MUNICIPAL CODE RELATING TO MASSAGE ESTABLISHMENTS & SERVICES THE CITY COUNCIL OF THE CITY OF CUPERTINO HEREBY AMENDS SECTIONS 9.06.110 B3 AND 9.06.120 OF THE CUPERTINO MUNICIPAL CODE TO READ AS FOLLOWS: 1. Amendment Section 9.06.110 B3 of the Cupertino Municipal Code is hereby amended to read as follows: 9.06.110 B3 Massage Therapist Permit-Criteria for Issuance 3. Has taken and successfully passed the National Certification Board for Therapeutic Massage and Bodywork or the National Certification Commission for Acupuncture and Oriental Medicine test module related to Asian Bodywork Therapy. The applicant must submit a current certificate with the application to satisfY these criteria. Section 9.06.120 of the Cupertino Municipal Code is hereby wended to add the following language at the end of section 9.06.120: 9.06.120 Massage Therapist Practical Examination Applicants, who have taken and successfully passed the National Certification Board for Therapeutic Massage and Bodywork or the National Certification Commission for Acupuncture and Oriental Medicine test module related to Asian Bodywork Therapy, shall be exempted from the Massage Therapist Practical Examination. The applicant must submit a current certificate with the application to be exempt. /l-( Ordinance No. 1963 2 2. Publication Clause The City Clerk shall cause this ordinance to be published at least once in a newspaper of general circulation published and circulated in the City within 15 days after its adoption, in accordance with Goyernment Code Section 36933, shall certify to the adoption of this ordinance and shall cause this ordinance and her certification, together with proof of publication, to be entered in the Book of Ordinances ofthe Council of this City. INTRODUCED at a regular meeting of the City Council of the City of Cupertino this 17th day of May 2005, and ENACTED at a regular meeting of the City Council of the City of Cupertino this 7th day of June 2005 by the following vote: Vote Members of the City Council AYES: NOES: ABSENT: ABSTAIN : ATTEST: APPROVED: City Clerk Mayor, City of Cupertino 2 ll- :L DRAFT MINUTES I CUPERJINO CUPERTINO REDEVELOPMENT AGENCY Regular Adjourned Meeting Monday, June 17,2004 CALL TO ORDER At 10: 16 p.m. Chairperson James called the meeting to order in the Council Chambers, 10300 Torre Avenue, Cupertino, California. ROLL CALL Redevelopment Agency members present: Chairperson Sandra James, Vice-Chair Patrick Kwok, members Dolly Sandoval, Richard Lowenthal, and Kris Wang. Redevelopment Agency member absent: None. Staff present: Executive Director David Knapp, General Counsel Charles Kilian, Community Development Director Steve Piasecki, Finance Director Carol Atwood, Public Works Director Ralph Qualls, Public Information Officer Rick Kitson, City Planner Ciddy Wordell, Recreation Supervisor Julia Lamy, and Secretary Grace Schmidt. ORAL COMMUNCATIONS - None APPROVAL OF MINUTES A. Approve the minutes from the June 16, 2003 meeting. KwoklLowenthal moved and seconded to approve the minutes as presented. Vote: Ayes: James, Kwok, Lowenthal, Sandoval. Noes: None. Absent: None. Abstain: Wang. B. Approve the minutes from the June 7, 2004 meeting. KwokILowenthal moved and seconded to approve the minutes as presented. Vote: Ayes: James, Kwok, Lowenthal, Sandoval, and Wang. Noes: None. Absent: None. PUBLIC HEARING C. Review the Cupertino Redevelopment Agency Operating Budget for 2004-05. (This item was continued from June 7). (No documentation in packet). Chairperson James opened the public hearing. There were no speakers, and the hearing was closed. The hearing was continued to June 21. 4-( June 17, 2004 Cupertino Redevelopment Agency Page 2 ADJOURNMENT At 10: 17 p.m. the meeting was adjourned. Grace Schmidt, Secretary {II--2-. DRAFT MINUTES CUPEI{IlNO CUPERTINO REDEVELOPMENT AGENCY Regular Meeting ~onday,June21,2004 CALL TO ORDER At 10:36 p.m. Chairperson James called the meeting to order in the Council Chambers, 10300 Torre Avenue, Cupertino, California. ROLLCALL Redevelopment Agency members present: Chairperson Sandra James, Vice-Chair Patrick Kwok, members Dolly Sandoval, Richard Lowenthal, and Kris Wang. Redevelopment Agency member absent: None. Staff present: Executive Director David Knapp, General Counsel Charles Kilian, Community Development Director Steve Piasecki, Finance Director Carol Atwood, Public Works Director Ralph Qualls, Public Information Officer Rick Kitson, and Secretary Kimberly Smith. ORAL COMMUNCATIONS - None PUBLIC HEARING A. Review the Cupertino Redevelopment Agency Operating Budget for 2004-05. Chairperson James opened the public hearing. There were no speakers, and the hearing was closed. Lowenthal/Sandoval moved to adopt Resolution No. 04-01. Vote: Ayes: James, Kwok, Lowenthal, Sandoval, and Wang. Noes: None. Absent: None. ADJOURNMENT At 10:37 p.m. the meeting was adjourned. Kimberly Smith, Secretary ¡t--3 BI BE I .). .f; Case Details I Print I I Close I EXHIBIT aJG>-7-ð<b tt I Case ID: 15674 Status: Resolved Customer: Shafer, Betsy 19919 Pear Tree LN Cupertino CA 95014-3255 Betsy _Shafer@hotmail.com Case Owner: Kitson, Rick Location of Request: Type: Complaint Submitted By: Kido, Candice employee Preferred Contact Method: Mail Topic: Council Referrals >Other Lagergren, Secondary Owner: Linda DatefTime 06/02/2005 11 :37 Created: 06/02/2005 Date/Time Closed: 12: 52 .~.,'_._-~_.~-,-----_._--,-,-,---------_._._._-_...._'----" ,-.--- Original Customer Request Re: Blue Pheasant I am an older Cupertino citizen (age 63). I am not happy about the Blue Pheasant actions of the city. The Blue Pheasant has been a pleasant place for older people to gather. I'm not a drinker, I do dance. I pay taxes. I vote in every election. I've seen no fights and no "hookers". Being there 30 years is the same as having a license, ex post facto. You trying to get rid of them? They're grandfathered in. Leave them alone. Betsy Shafer, 27 year Cupertino householder ------- .~__~_____._·,·_..'_..M·_ Customer Communications Date From Action Text 06/02/2005 12:52 Kitson, Rick Employee Reply Dear Ms. Schafer, Your concerns have been sent to each city council member. Best regards, Rick Kitson Public Information Officer Internal Activity No records for internal activities found Case Contacts Role Name Email Primary Owner Secondary Owner Case Submitter Kitson, Rick Lagergren, Linda Kido, Candice rickk@cupertino.org lindal@cupertino.org ca n d icek@cupertino.org Attachments No attachments found Kristofer W. Bjorn Re: Bunker Appeal June 1,2005 Page 2 Months later, when the agreement between the parties appeared to have fallen apart, the Planning Commission was again faced with the easement language as an overriding concern. Since it did not appear that the parties would settle the parking issue, to move the project forward, the condition was changed to a request for acknowledgement from the Yamagami Trust that they had no objection to the project as relating to the incidental parking privileges. Now, Mr. Bunker is requesting the complete deletion of this condition. Since the condition was applied, in the first place, to ameliorate any effect of the development on the rights granted by easement, removal of the condition will put us back to square one. The easement, with the words, "and parking" will still exist and, without clarification, will affect Mr. Bunker's right to develop the parcel. Over the past several months our office has suggested several options to Mr. Bunker and his several attorneys, including, but not limited to 1) a quiet title action to determine the meaning of the easement language; 2) an agreement with the Trust as to the meaning of the easement; 3) title insurance guaranteeing that the easement does not, in fact, exist; or 4) a settlement with the Trust to purchase any easement rights. All of these options are independent of any action that can be taken by the City. They must originate with the property owners. Any of these actions will settle the easement issue once and for all. Once the parties clarifY their private easement issue, the City can approve the project based on those facts. Until the easement language is clarified this office will continue to recommend that Mr. Bunker's project must have the agreement of the Yamagami Trust regarding the incidental parking issue. Sincerely, ~~jh Eileen H. Murray Assistant City Attorney Cc: City Council Dave Knapp Gary Chou John P. Golden Page I of2 Charles Kilian From: jpgolden@pacbell.net Sent: Wednesday, June 01, 2005 11 :27 AM To: Charles Kilian Cc: Toya Yamagami; Larry Russell Subject: Fw: Yamagami TrusUBunker This is the latest on our end. No response of any sort so far from Bunker. John P. Golden Basye & Golden 160 Bovet Road, Suite 305 San Mateo, CA 94402 Voice: 650-345-3650 Fax: 650-345-3656 jRgolden@abanet.org ----- Original Message ----- From: j~olden@Dacbell.net To: Kristofer Bioro Cc: Toya Yamaqami ; !o£uy Russe>li Sent: Friday, May 27, 2005 2:29 PM Subject: Yamagami TrusUBunker Dear Kris: As you mayor may not know, Gregg Bunker has contacted both Larry Russell and myself concerning the easement and license agreement. Gregg appears to be somewhat confused, and apparently had forgotten how we all left matters after the last Planning Commission meeting - i.e., we were still willing to sign the agreement, that Gregg wanted more time to "consider," and that we have simply been waiting to hear from him since then. I reminded him of that when he called me earlier this week. In his conversation with Larry Russell last night, Gregg claimed that it was only recently that he learned from a "title company attorney" about the license portion of the agreement, most specifically the portion that allows either party to revoke tl1e licenses. Larry and I know, as do you, that this is simply not true, since we have discussed the license specifics with Gregg and you a number of times in the past. The differences between the license portions and the easement portions have been a major topic over the entire history of this matter, and the revocation language in the agreement has been the subject of substantial discussion and many changes. Gregg apparently wants to forget the agreement altogether now, and simply give the Yamagami Trust some money to have the nursery "clean up" the back lot. I am simply at a loss for words to express just how unacceptable this approach is to the Trust. As Larry and I have made ourselves hoarse pointing out, the primary goals of the Trust for the last two years have been to protect the Trust's easement rights, and clarifY both parties' rights to use the other's property. The Trust has invested a very large amount oftime and money in doing this, and is not going to abandon it just because Gregg cannot be bothered to read and understand the agreement. The Trust is now faced with opposing Gregg's appeal to the City Council (although, ironically, he asked me why he was appealing) and incurred more needless expense. As you know, the cash portion of the 6/1/2005 Page 2 of2 agreement was predicated on the situation that existed months ago, before Gregg's application for modification came up, and before his threat to sue over he ancient reimbursement issne. As a result of Gregg's persistent refusal to sign the agreement we had been told was acceptable, the Trust has incurred significant additional expense. Consequently, the offer to continue with the existing agreement will only remain open until 5:00 p. m. on Thursday, June 2, 2005. Unless Gregg has delivered executed counterparts of the agreement, as drafted, by that date, the Trust will not go forward with the agreement unless Gregg increases the cash consideration by an additional $10,000 to compensate the Trust for the additional expense generated by Gregg's refusal to sign the agreement. Further, the offer to proceed with the increased cash consideration will itself expire unless accepted in writing by 5:00 p.m. on June 7, 2005. Gregg asked both Larry and me whether the Trust would consider other changes to the agreement, and both of us replied that clarifying, or other minor changes that did not disturb the basic framework of the agreement, would certainly be considered. Gregg had no specific changes in mind, or at least did not share them with either of us, so we have no idea what he has in mind. He did agree that it was his responsibility to get us any such items and that he would be asking you to help with this. John P. Golden Basye & Golden 160 Bovet Road, Suite 305 San Mateo, CA 94402 Voice: 650-345-3650 Fax: 650-345-3656 jpgolckn@ªbanet,9Ig 6/1/2005 April 22, 2005 Page I of4 Charles Kilian -----~ From: jpgolden@pacbell.net Sent: Wednesday, June 01, 2005 11 :24 AM To: Charles Kilian Cc: Toya Yamagami; Larry Russell Subject: Fw: Bunker-Yamagami Agreement 4-21-05 Dear Mr. Killian: Thank you for your call today. As discussed, I forwarding several e-mails that will give you the general background and current status of this matter. The first is below. Simply put, the Yamagami Trust owns propetiy adjoining Gregg Bunker's property on De Anza. When Bunker sought permission to develop his property, the Trust and its tenants (the Yamagami Nursery, Bobbi's Coffee Shop, and American Leisure) objected. The objections were based on the fact that building over the existing parking lot on the Bunker property, which was required by the development, would injure the easements held by the Yamagami Trust over the Bunker property, most importantly its parking easement. These easements exists both in recorded form (in the deed conveying Bunker his property) and by prescription. Although Bunker has disputed these easements, it is hard to overcome the language of the deed. Also, both his claims of ambiguity and no prescription fly in the face of the undisputable continual usage of his property for parking by the Yamagami Trust, its tenants, and their customers since the mid-1980's. I suspect that many of the City Staff, Planning Commissioners, and City Council members have not only patronized the Yamagami tenants over the years, but have parked on the Bunker property in doing so as parking is quite tight. The Planning Commission and staff recognized these issues and also recognized that the City's administrative process is not the place to adjudicate the easement issues. As a result, the subject condition was imposed requiring Bunker to provide additional offsite parking (which means on the Yamagami parcel) to mitigate the lost parking on the Bunker project. For two years, the Yamagami Trust has been negotiating these issues with Bunker and has reached what it thought was a definitive agreement with him several times, each time to have him refuse to sign the document. The appealed Planning Commission action - modifying the parking condition to eliminate it and simply require the approval of the project of the Yamagami Trust - does not materially change the condition, since the Trust will not give its approval unless the easement issues are resolved. What it did do was focus the dispute more precisely on the real issue here, the right of the Yamagami Trust to use its easements over the Bunker property. I note that the materials submitted by Bunker to the City Council included a request by his attorney to the Trust for its approval of the project pursuant to the revised condition. He did not include the Trust's reply, which was, of course, a refusal. Finally, what happens if the appeal is successful? As I read the appeal, Bunker is only appealing the imposition of the modified condition. If the City Council were to grant the appeal, would the Council (I) review the application de novo, (2) send it back to the Planning Commission for reconsideration, or (3) simply let the original condition stand? 6/1/2005 April 22, 2005 Page 2 of4 John P. Golden Basye & Golden 160 Bovet Road, Suite 305 San Mateo, CA 94402 Voice: 650-345-3650 Fax: 650-345-3656 jpRQJçl~ll@abanet.QŒ ----- Original Message _...- From: jpiJQjden(ãJ.pacbell.neJ To: "','ill' Cha-º ; ,E:ilee~n Murra)' Cc: Ereci£reibecg ; ~ªJ!\' Caroenter ; Q~IYJ:lQlJiiha[l ; !,reston Okª ; IOj'?,Ya.rnªgglmi ; !,._ª[rd'u'§'~.ê.1I Sent: Monday, April 25, 20052:30 PM Subject: Re: Bunker-Yamagami Agreement 4-21-05 Dear Ms. Murphy, Following up on our telephone conversation of today, we have been advised that the agreement sent to you last week is acceptable in form to Gregg Bunker, but that he has still not "decided," despite two years of work, whether he wants to sign it at alL This has been a consistent pattern in dealing with Mr. Bunker since the outset of his application. As a result, it is hard to come to any conclusion other than that Mr. Bunker has been stringing along the Yamagami Trust and its tenants from the outset, and really never had any intention of actually working out an agreement. This will also confirm our understanding that Mr. Bunker did not propose any alternatives to the parking condition, despite his request to the Planning Commission at the last meeting and the resulting continuance until tomorrow evening. We had hoped to avoid burdening the Planning Commission and Staff with the unpleasant (and, to the City, largely irrelevant) history of this, but given Mr. Bunker's behavior, and the fact that at least some members of the Commission appear to believe that we have been negotiating in "bad faith," we need to present the true facts to the Commission. At the heart of this dispute is the fact that the owners, tenants, and customers of the Yamagami Garden Center have a long established and long-used legal right to park on the Bunker property. When Mr. Bunker builds his condominiwns on top of the parking lot, that will indisputably interfere with those parking rights. These rights come not only from the recorded easement deed, but have also been independently established through the prescriptive use of the property by the Yamagami Center owners, tenants, and customers for decades. Almost two years ago, the City recognized that although there may be a dispute over the exact extent of the rights, they do appear in recorded docw11ents and thus exist. The City also recognized that the Bunker project, if approved as originally requested, would displace and interfere with these legal rights of the Yamagami Center. That is why the City imposed the disputed parking condition, with the expectation that the parties would work together to resolve the matter without resort to the courts. In 2003, on behalf of the Yamagami owners and tenants, I appeared before the Plalming Commission and explained their easement rights. While the owners and tenants did not object in principle to the Bunker development, I and they certainly expressed their objections not only to the interference with the parking easements, but to the general interruption of the tenants' businesses. The only reason Gregg Bunker is even addressing the easement issue is because the City imposed the 6/1/2005 April 22, 2005 Page 3 of 4 parking condition. As I explained to the Commission at the last meeting, for over a full year after the 2003 hearing Mr. Bunker flat out denied that any easement rights whatsoever existed, and refused to lueaningfully discuss an agreelnent with us concerning the parking condition. We have been c0111pletely consistent since Day One that we are happy to work with Mr. Bunker, but that recognition of our easement rights was an absolute precondition and requirement of any agreement. Last September, Mr. Bunker finally agreed that we do indeed have easement rights and we proceeded to draft an agreement clarifying those rights, as well as Mr. Bunker's easement rights over the Yamagami property. As would anyone in our position, as part of that agreement we required Mr. Bunker to pay for the work required to accommodate his project and to reimburse us for the fees and expenses incurred. After all, it is Mr. Bunker who is developing his property, not the Yamagami owners. Mr. Bunker, however, wanted more work done on the Yamagami property, as he believed that he would get more money for his condominiums if the Yamagami Center was "cleaned up." He proposed certain work, and offered to pay for it. We agreed. This is the money he accused us of "extorting" from him. We have now reached verbal agreement with Mr. Bunker at least three times since September, in every case only to have him refuse to put pen to paper on one pretext or another. All of the major points of the agreement have been resolved for months. Last Thursday, after making the changes requested, my clients signed the agreement and have been waiting for Mr. Bunker to do the same. As you know, I mentioned pretty much all of this when I spoke to the Commission at the last hearing. It is useful to remember though, that despite ample opportunity to do so, neither Mr. Bunker nor the five others that spoke on his behalf, including two attorneys, ever denied the truth of my statements. It is becoming apparent that Mr. Bunker is trying to mislead the Commission about our behavior in an attempt to get relief from the parking condition. From a legal perspective, the Commission is free, of course, to remove or modify the condition. However, the Yamagami owners and tenants have worked on this, at great expense to all concerned, for almost two years and the City has consistently maintained the condition. If the Commission eliminated the condition, a great injustice would be done to many valuable members of the community and the City would fail to honor the implicit commitment it made to the parties and the public when it imposed the condition. The City's original imposition of the condition was entirely appropriate, and the reasons for it are at least as strong today as they were in 2003. Removing the condition now would wipe out two years of work and the enormous effort, not to mention tens of thousands of dollars of expense, put into tl1is by all concerned, and unnecessarily leave the parties with no resort other than the courthouse n a result that does no one any good. By copy of this e-mail to Gary Chao, I ask that he provide paper copies of this communication, and the attached copies oflast week's communications, to Steve Piasecki and each of the Planning Commissioners at his earliest convenience. I will attempt to supplement this with more detail before tomorrow night's meeting, but have a court hearing tomorrow morning and thus limited time. As Mr. Bunker reaffirmed his desire to proceed with the agreement, all of my time on this matter since the last Commission hearing has been spent attempting to finalize the agreement. We have asked Mr. Bunker several times to continue tomorrow's hearing, but he has refused without giving any reason. As was true before the last Commission meeting, tl1e only reason the agreement has not been signed is Mr. Bunker himself. We are convinced that his latest attempt to have the condition removed is simply a negotiating ploy, and it is the Commission's right and duty to refuse to be manipulated for Mr.. Bunker's personal gain. The existing condition remains as appropriate now as it was when it was created, and the Commission's refusal of the application will be both correct and fair. John P. Golden 6/1/2005 April 22, 2005 Page 4 of 4 Basye & Golden 160 Bovet Road, Suite 305 San Mateo, CA 94402 Voice: 650-345-3650 Fax: 650-345-3656 jRgolden@abanet.org April 22, 2005 John P. Golden BASYE & GOLDEN 160 Bovet Road, Suite 305 San Mateo, CA 94402 Re: Agreement Dear Mr. Golden, Our office has reviewed the Agreement between Gregg Bunker and the Yamagami Trust, a copy of which you forwarded to me on Thursday April 21 ,2002. If this is the final document between the parties, we are of the opinion that it addresses the City's concerns regarding the easement in question. Based on this Agreement we are prepared to recommend approval of the project on Tuesday at the Phuming Commission meeting. If there are changes or amendments to this Agreement previous to its execution, please forward them to me prior to the Planning Commission meeting, so that we can review them and discuss them with the planning staff. Thank you for your cooperation in this matter. Sincerely, Eileen H. Murray Assistant City Attorney Cc.: Kristofer Bjorn Gary Chao 611/2005 Fax To: David B. Prince 408-867-3777 From: John P. Golden Re: Yamagami Trust/Gregg Bunker Date: April 15, 2005 Pages: 4, including this page. Dear Mr. Prince: I have had a chance to review your fax of April 13, 2005, demanding that within five days the Yamagami Trust either immediately pay $69,247.25 to your client, Gregg Bunker, or face legal action. It takes no more than a cursory reading of your fax to see that this latest act of aggression by Mr. Bunker is totally devoid of merit. SpecificaUy: 1. You threaten suit for breach of contract. A contract between whom? There is no contract between the Yamagami Trust and Gregg Bunker to reimburse him for the claimed expenses, and there never has been one. What Mr. Bunker does have is a promise from the City of Cupertino that, if certain events occurred, the Citv (not Mr. Bunker) would require the owner of the Yamagami property to reimburse Mr. Bunker. If there is any contract at aU, it is between Gregg Bunker and the City of Cupertino, not the Yamagami Trust, and if there is a breach of contract, it was by the City of Cupertino, not the Yamagami Trust. 2. You next threaten suit for breach of fiduciary duty. How and when did the Yamagami Trust become a fiduciary to Gregg Bunker? They are nothing more than adjoining property owners who hold certain rights over the other's property. There is no other legal relationship between our clients, much less a fiduciary relationship. 3. You finaUy threaten to sue for "aU other appropriate causes of action," and claim a right to damages for the "general benefit and good wi1!" that Gregg Bunker allegedly provided to the Yamagami Trust. What happened in 1986 was that Mr. Bunker wanted to make more money by installing a drive-up window for the exclusive use of his business, and he needed to use the the driveway on the Yamagami property for access to his drive-up lane. He was required to pay for the driveway as it was his idea and for his benefit. Obviously, the City felt that if the Yamagami property was ever developed in such a way that allowed it to benefit rrom the Fax Page 1 April 15, 2005 Basye & Golden Attorneys at Law 160 Bovet Road. Suite 305 San Maleo. California 94402<3100 Voice: [650J 345-3650 Fax: [650] 345-3656 driveway, it would be fair to require some reimbursement at that time. That time has not come, however. Just as there is no contract between our client to breach, and no fiduciary duty between them to breach, Mr. Bunker's installation of a driveway for his personal profit did not create any legal obligation that has been breached by my client. There just are no other "appropriate" causes of action, and Mr. Bunker's threats are nothing more than intimidation tactics. 4. Your client continues to confuse the Yamagami Trust with Y amagami' s Nursery. Let me try again to clear this up. The Yamagami Trust, which is trusteed by Borel Private Bank & Trust Company, is the ~ of the property. Yamagami's Nursery, a business owned and run by Preston Oka, is a tenant of the property. Neither Preston aka nor any of his employees (among whom I assume is the Alan Tagami mentioned by you) speak for, or in any way, represent the Yamagami Trust or have any authority to act on behalf of the owner of the property. Given that Gregg Bunker has been dealing with everyone involved for years, I assumed he understood these simple facts. However, since he attempts to justify his withdrawal from the new easement and parking agreement on a communication from Preston Oka to Gary Chao, I apparently need to reiterate that Preston Oka is not a representative of the Trust and not authorized to act on its behalf. Mr. Oka's communication, by the way, was grossly misinterpreted and Mr. Bunker's claimed problems with it could have been cleared up with a telephone call; instead, Mr. Bunker decided to believe, without a single shred of evidence, that the Trust would refuse to honor the express written terms of the agreement. 5. Your letter is confusing about what actions have been taken by the Yamagami Nursery that allegedly require a permit. On the one hand, you quote Mr. Tagami as stating that the nursery canopy was built many years ago, yet talk about "certain construction actions taken over the course of recent months." If you are talking about something other than the installation of the canopy that requires a permit, please tell us what you are talking about. 6. The owner of the Yamagami property - the Yamagami Trust - has not applied for a building permit, use permit, tentative map, or re-zoning, and has no plans to do so. The plain wording of the City's I 986 letter to Bunker states that it is the action of the ~ of the Yamagami property that will trigger the reimbursement rights. Thus, even if your client tried to ask the City of Cupertino to require reimbursement, the prerequisites for such an action have not occurred. Once again, Yamagami's Nursery is the tenant of the property, not the owner, and any application for a permit by the nursery or another tenant would not trigger the reimbursement right unless the Trust joined in such an application as owner. Obviously, the Trust will not be joining in any such application by any tenant unless the right of reimbursement is no longer an issue. 7. Because there is no present right of reimbursement, there is no need to review the amount ofMr. Bunker's claim in detail. I do note in passing, though, that the amount appears to Fax Page 2 April 15, 2005 Basye & Golden Atlomeys at Law 160 Bovet Road, Suite 305 San Mateo. CaHfomla 94402-3100 Voice: [650] 345-3650 Fax: [650] 345-3656 be for the entire driveway, not just the "joint driveway" specified in the 1986 letter, and thus grossly excessive. I also note that nothing in the City's letter indicates that the City intended to add interest; rather, it speaks only of the costs of construction. Also, the documentation you included is inadequate to accurately detennine how much of the work was for the joint driveway, and how much was for the drive-up lane on Mr. Bunker's property. Looking at your documentation, though, and assuming that the cost was allocated equally between the joint driveway and the drive-up lane work, it appears that the reimbursement would be in the neighborhood of$9,000, not over nearly $69,000 - [($36,012 total work..- 2) * 50%]. Once again, Bunker has no right of reimbursement unless and until the City of Cupertino gives it to him. The City cannot do this until the owner of the Yamagami property applies for a building pennit, use pennit, tentative map, or re-zoning, at which point it might become a condition of the pennit, map, or re-zoning depending on how the City interpreted the spirit of its committment. As no such application has been made, any suit at this time by Mr. Bunker against the Yamagami Trust would be quickly dismissed, and serve only as the basis for a successful malicious prosecution action against Mr. Bunker. You will remember that when you and I spoke yesterday, I was baffled how the Planning Commission and the City Staff had gotten the impression that the Yamagami Trust was threatening to sue the City. 1 asked Gary Chao the same question after the hearing last Tuesday, as no one representing the Trust or, to my knowledge, the tenants, has ever made such a claim in the two year history of this matter. Let me clarify our position. If the Yamagami Trust is forced to initiate litigation, a situation it has worked extremely hard to avoid for the last two years, it will not be against the City, but rather against your client if he attempts to build on his property and thus violate the easement rights of the Yamagami Trust to park on the Bunker property. In other words, if Mr. Bunker obtains approval to proceed with his development and does not reach agreement with the Yamagami Trust and its tenants, the Trust will be forced to act to protect its rights. This would initially include administrative appeal and, if needed, injunctive and declaratory relief through the courts. Absent egregious action by the City, 1 do not see the City as a party to this litigation unless your client brings it in. As far as 1 know, the only person threatening to sue the City of Cupertino is your client. At the Planning Commission meeting, 1 told the Commission that the Yamagami Trust and the tenants remained willing to sign the agreement, despite Mr. Bunker's unilateral withdrawal iÌom the agreement. Later, Mr. Bunker rather bitterly told the Commission that the agreement 1 drafted had "five" changes to it, with the clear implication that these were new and additional requirements coming iÌom the trust and/or the tenants and that we were attempting to renegotiate the agreement. Nothing could be farther from the truth, and 1 wonder whether Mr. Bunker ever bothered to actually look at the changes. All that changed was to (1) include the agreement reached by Gregg Bunker and Preston Oka on the dates the work would commence, Fax Page 3 April 15, 2005 Basye & Golden Attomeys at Law 160 Bovet Road, Suite 305 San Mateo, Callfomla 94402-3100 Voice: [650] 345-3650 Fax: [650] 345-3656 (2) remove the commercial vehicle restriction (which I had already been advised was acceptable to Mr. Bunker prior to drafting), (3) make a minor technical change to coordinate the cash payment provision with the work commencement dates, and (4) allow the Trust to waive the need for a tenant's consent if the Trust chose to assume the risk of doing so (a provision designed to prevent further delays, and which had no effect on Bunker whatsoever). Although five paragraphs were indeed modified, in fact there were only four actual changes, as two of the changes dealt with the same issue, i.e., the timing of the work. In short, the changes did nothing more than implement what everyone had already agreed to, and I have yet to hear either Mr. Bunker, Kris Biorn, or you claim to the contrary. Despite Mr. Bunker's new threat, and despite the additional expense my client and the tenants have incurred because Mr. Bunker backed out of the agreement, I believe there is still a small window of opportunity left to resolve this matter privately on the terms already agreed upon. However, this needs to occur before any more time and effort are spent. If we haven't heard to the contrary by the close of business next Tuesday, we will take that as confirmation that Mr. Bunker is sticking by his decision to withdraw from the agreement. cc: Clarence Herndon, Borel Private Bank & Trust Company Toya Yamagami Gerry Houlihan, for Yamagami's Nursery Sally Carpenter, Bobbi's Coffee Shop Fred Freiburg, American Leisure Kris Biorn Gary Chao, City of Cupertino Eileen Murphy, City of Cupertino Carol Atwood, City of Cupertino Fax Page 4 Ap<i115,2005 Basye & Golden Attomeys at Law 160 Bovet Road, Suite 305 San Mateo, California 94402-3100 Voice: [650] 345-3650 Fax: [650] 345-3656 04/13/2005 03:14 4088673777 LAW OFFICE PAGE 01/07 Law Offices of DAVID B. PRINCE, P.C. AITORNEY AT LAW P.O. Box 33144. Los Gatos, California 95031 Te¡ephone: (408) 354-5788 . Facsimile: (408) 867-3777 Date; FACSIMll.E TRANSMISSION COVER SHEET RETURN FAX # (408) 867·3777 April 13, 2005 To: John Golden; Carol Atwood; Kris Biom; Greg Bunker from: David B. Prince Re: Corrospondence reo Bunker Development Pages: 6 Commonts: The docume[l1S ace<>mpanyi¡¡g this fax tnnsmission are confidential and subject to the attorney client privilege, The information is intended oruy for the use of the individual or eutity named above. If you are not the intended recipien~ you are hereby notified that any cüsclosure, copying, distribution, reliaoce upon or dissemination in aoy capacity of tbis tele.,is communicated information is strictly prohibited. If you have received this communication in error. please notify us by collect telephone and return the original documeot to us at the address above at our expense. 04/13/2005 03:14 4088673777 LAW OFFICE PAGE 02/07 Law Offices of DAVID B. PRINCE, P.C. ATIDRNEY AT LAW 20465 Saratoga-Los Gatos Road, Suite 100 SARATOGA, CALIFORNIA 95070 P,O, Box 33144, Los GATOS, CALIFORNIA 95031 Telephone: (408) 354-5788 · Facsimile: (408) 867·3777 April 13,2005 Yamagami Trust C/O Lawrence M. Russell Senior Vice President and Trust Officer Borel Private Bank & Trust Company 160 Bovert Road San Mateo, California 94402 VlAFAXAND u.s. MAIL Re: Demand for Reimbursement ofImprovements on Joint Driveway Dear Yamagami Trust, This office represents Mr, Gregg Bunker, owner of 1375 SouthDe Anza Boulevard, Cupertino, California, On or about June 1985, Mr. Bunker provided improvements to the joint driveway and frontage ofthe adjacent properties located at the above address that were required of him by City of Cupertino. (See attached Construction Progress Report by New West Construction dated February 1985). Thereafter, on March 12, 1986, City of Cupertino confirmed to Mr. Bunker specific reimbursement terms for the improvements that he provided to the Yamagami Trust upon their making any application to the City of Cupertino for a "building permit, use pennit, tentative map or re-zo!)ing," (See attached correspondence by Travice Witten dated March 12, 1986), The cost of improvements that Mr. Bunker provided for the joint driveway was in excess of$55,398.50. (See attached change order dated June 13, 1985), This office is now on notice by Mr. Jerry Brager, Building Inspector for City of Cupertino, that Yamagami Nursery is required and has apparently agreed to pull permits for certain construction actions taken over the course of recent months on the Yamagami property. (See attached Inspection Notice dated November 10,2004). This point was reiterated in open public forum by Planning Commissioner Marty Miller last evening at the hearing on Mr. Bunker's request to remove the conditions to his building project. :In light of all the foregoing, Mr. Bunker hereby demands that Yamagami Trust immediately pay, pursuant to the reimbursement provisions of Mr. Whitten's March 12, 1986 letter, one half of the improvement costs plus 10% per annum legal interest from the date of such improvements to the Yamagami property in the amount of $69.247,25. .04/13/2005 03:14 4088673777 LAW OFFI CE PAGE 03/07 This shaH also confirm that on March 14, 2005, at approximately 10:00 a.m., Mr. Bunker amved on the Yamigami property to speak to Mr. Alan Tagami about the canopy structure on the Yamigami property and its installation date. Mr. Bunker approached Mr. Tagami under the canopy and inquired about when the canopy, including the 8" PVC water pipes, were originally installed. Mr. Tagami informed Mr. Bunl<er that the Canopy and its structure and drainage system was installed ten years ago, however, he then immediately recalculated and stated that they were installed "fourteen years ago." IfYamagami Trust does not immediately provide the above requested funds pursuant to the stated reimbursement provisions, Mr. Bunker will bring an action for breach of contract, breach of fiduciary duty and all other appropriate causes of action to remunerate Mr. Bunker for the general benefit and good will that he provided to the Yamagami Trust in 1985 and thereafter. Please respond to this demand within five (5) business days ftom the date of receipt or this office will be forced to file an action in Superior Court seeking the above said damages ag!Ùnst Yamagami Trust and for such other relief as may be appropriate. I look forward to your response herein. cc. Gregg Bunker John P. Golden, Esq. Kris Biom, Esq. 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CJ .~ "i.~I,d ¡$toe ....'IPfh.d t,ht'" '0" III"C"U."ON\.Y ··,-".,....~.h. h'l ·...··.u· -..-rrr--- ; )110_.' ~~, PAGE 05/07 04/13/2005 03:14 4088673777 .,' ,',;. LAW OFFICE PAGE 06/07 .' ',- . . " ì ....... ':":~" ' ' ., ,..,.... """. .' ....~:. ~~t·~ ?.'.:~ ; .~, "';: .. .. ,", ~ '. . ·10.!OOTOi;~",ve"'i~ .. . Cupertino; QII/"'I1I. 950'i4 Telephone.! (4Oa) 2524505. .... ,~ H C1fpt"11nò .. P.o. Box 580 Cu~rtlno California 95Oì5 March 12, 1986 F:I.le: 51,500.1 . ,. .. " '~,' . .' . ..' ''''', '. . ~ 'f · ... Grag (C:..:j¡-~q:kh,·· .:, Phò't6Dt'l,ve·Up':'. ,.. ~ 1375 Bärä·tögà~S~nyva1a · . Cupertino, c~ 95014 Road Dear Mr_ Bunkar} ^.:' This Iett"r is· to C~ar1!y thè· reiDIbureelUant' for imprOv!'!IIenta t.o the jo:fut · .drivewey tq ·bê c.onattuct.d.bet~a..n y.our pr.oper.ty.and tbe· Yamag~i property. . . , . .As, a a~ndÜion,.of your u.e· permit you ar~ ·l'equired to provide :011 necessary. · . improvements.. to const-ruce .thia ·dr1ve",ay. If in the future the owner of thè. rámag4mi. applies ta· tha.C1riY.far·a bUilding. parmit, USe permit, tentative m~p .or rR-~onin$ they will. be required to raimbur.e yau for .one-half of .the total COSt to recans~ru¢t the driveway including Engineering and utility relocation. ·The City will require certified COste from yaur engineer upon complation ~f th·e work..· . Please call ·if. yau have auf que at ions. Very truly yaurs, CITY OF CUPERTINO Bert J. Viskovich Director .of Public Warka \.. ~ .~ T\l: 1d TraVica Whitten AsSistant City Engineer CC: Bruce· .Donaghue. Public Works Department Planning Department .04/13/2005 03:14 4088673777 _ .L_A¡'Lo.¡;:FICE PAGE 07107 -. .-. '.- " CITY OF CUPEIIIINO 103C10 TaM A"""w ,.._ m4l2t INSPECTION NonCI BUILDIN. DMlJON JOt ~/ ~ ð~. =- DA11!~:~yfI L Ar-.. ~ DAlLYRIPORrcr- . c:oIIIllEcno'''IO'l1C''~ VlðumoN.IiI""'" mol 1!41'" IL.DO. 0- EUC. cr- IILIIIL iT 1IEC!t'O' ~~=~ o RllNlPECTIO:/t FEE I ~ ~ _---'--,.r?_"'>- - ~ A.-JL L- ~'t#~ -' . .. .~~."",.ft~""_ . ..Â/~1"""" (. .,,('),IA.Ii;.... ".~ ..AJtI!.( ""~........~ ¡~~1;~·-' WEA1MIiR ~ INSP. ~) CARD TO REMAIN ON JOIHÞnE 05/07/2005 14:38 550-345-3555 BASYE & GOLDEN PAGE 01/04 BA<YE & GOLDEfX H' B IT ATTORNEYS AT LAW ccJ~-7-D'5 ±r ~ TELEPHQNE: (€ISO! ~.....~.."'$SO .JONN P. GOI~OEN I 50 aov~'1' ROAD SUITE: 305 ¡;:;AN l>1..\..TEO. ÇALIFORNL.\. 044·02 FACSIMILE f<¡j.I:,OJ :I....5_~ElS6 MI!:H¡;:L.~ 1'1. P8.LTf:R P....RJo.l,.!t.(JAL E..~AIL j 0 ~Olcl!;l 'l@:Ib::\ net.O~g: P,II.UI, £. S'^SYE (1901-19911 June 7, 2005 Cupertino City Council c/o Gary Chao City of Cupertino 10300 Torre Avenue Cupertino, CA 950140 Via Facsimile -1408-777-3333 Re: 1375 S. De Anza B1vd./Bunker Appeal of Application M-2005-0 I Dear Council Members: On behalf of the Yamagami Trust, we respectfully request that you deny Gregg Bunker's ,appeal of the Planning Commission's action on Application M-2005-01. We apologize for the late submission, but we did not receive the Staff Report and the attached Bunker materiallmtil late yesterday afternoon. The Yamagami Trust owns the property adjoining that afMr. Bunker. Me Bunker has onc tenant, Wolfe Camera, on his property, and the Trust has three, the Yamagami Nursery, Bobbi's Coffee Shop, and American Leisure (together, the "Yarnagami Gardcn Center"). Both properties were originally owned by Taro Yamagami, the founder ofYamagami Nursery, but the Bunker property was sold in 1985 by his estate to Mr. Bunkcr to pay estate taxes. When the Yamagami Estate sold Mr. Bunker his property, the estate kept back parking, ingress, and egress easements over the Bunker property for the benefit of the Yamagami Garden Center. Th.e eState also gave Mr. Bunker parking, ingress, and egress easements over the Yamagami Garden Ceuter for the benefit of the Bunker property. In short, each owncr has legal rights to use the other's property. The Bunker property contains two separate legal parcels. The parcel fronting on De Anza has the Wolfe Camera building and no parking. The second parcel, fronting on Wildflower Way, has been used for parking both by the Wolfe Cam.era customers and the Yamagami Garden Center tenants and customers since 1985. Mr. Bunker now intends to build his condominiums on top of that parking area. Although Mr. Bunker's project includes limited underground parking, this project will interfere with the legal easements rights held by the Yamagami Trust. Not only will it substitute less available and accessible parking, the new cars brought to the property by the condominium owners, tenants, imd guests will necessarily severely reduce the existing parking. Further, the Bunker project will also expand the commercial portion of the property and bring B5/B7/2BB5 14:38 55B-345-3555 BASYE & GOLDEN PAGE B3/B4 Cupertino City Council .Tune 7, 2005 Page 3 Unfortunately, for most of the two years since the project approval, Mr. Bunker simply refused to discuss an agreement with the Yamagami Trust. During this time, bis solution was to t\:u:eaten litigation against both the City and the Trust, and hire multiple attorneys and civil engineers, as well as at least one title company, in an attempt to show that the Yamagami Trust did not have any easement rights over his property. None of this was successful, and not one cogent o))inion was produced supporting his position. Also, despite his threats, Mr. Bunker did not file suit for a legal determination of his rights, another solution shown to him many times. Finally, last September Mr. Bunker conceded that the Yamagami Trust held eMement rights over his property and agreed to work on an agreement. Over the next several months, a comprehensive agreement was drafted and at least three times ))ronounced satisfactory to Mr. Bunker and his various attorneys. However, each time he refused to sign the agreement and eventually carne forward with new demands. As matters stand now, the agreement has been ready for Mr. Bunkcr to sign since early April of this year, but he has declined to do so. We have now learned that during this negotiation, Mr. Bunker also filed Application M- 2005-01 in an dfort to have Condition #13 removed. At the two Planning Commission heaTings on his application, Bunker argued many poiJ.¡ts, somc relevant and some not. His primary argument, though, was that he had tri.ed to work out ari agr.eement with the Yamagami Trust to satisfy Condition #13, had bcen unsuccessful through no fault of his own, and thus should be allowed to proceed without resolving the easement issues. The truth, however, is that (1) most of the two year "delay" is the direct result of Blinker's own refusal to acknowledge thc recorded easement rights of the Yamagami Trust, and (2) .the only reason the parties had not rcached agreement ))rior to the first Planning Commission hcaring was Bunker's own refusal to go forward. Also, a review of the materials supplied to the Planning COffimi.ssion and the City Attorney by the Yarnagami Trust will gi ve a more accurate picture of what has really happened . the past two years. The Planning Commission, both in 2003 an.d again in 2005, recognized that Bunker's project significantly impacts the Yamagami property. The Commission also recognized that when the two properties were considered together as a unit, which is how the public sees them, the existing parking situation is already bad and the Bunker project wasn't going to malœ it better. In fact, by removing existing parking from the already overburdened area, the Bunker projcct will make the problem worse. This is why the Commission made the findings in Rcsolutions 6196 and 6297. Bccause the solution to this problem requires cooperation of the adjoining landowners, Bunker and the Yamagam; Trust, the Commission made the entirely rational decision to not delete Condition #13, but instead modify it to simply require Mr. Bunker to obtain the consent of the Yama.gami Trust before proceeding with his project. Mr. Bunker has already rcqucsted such Cupertino Planning Commission 2 April 12, 2005 ORAL COMMUNICATIONS: EXHIBIT c~J(P,7-05 -¢¡;), Dennis Whitaker, resident: o Expressed appreciation to Mr. Gilli for his professionalism, hard work and cooperation in working with the residents during his tenure with tµe city. Deborah Hill, resident: o Expressed concern about drivers' excessive speed and not stopping for people walking across the streets; excessive speed at various intersections and streets; and also about the lack of concern for bicycle riders. Mr. Piasecki: " o Said that Ms. Hill's concems would be referred to Public Works staff. /' CONSENT CALEND¿ None OTHER: The PIa Í1íg Commissioners, Mr. Piasecki and Ms. Wordell acknowledged and complimented S~t Planner Peter Gilli who will be leaving the planning department for employ with the City of ountain View. PUBLIC HEARING 1. M-2005-11 Tom Sloan (Wolf CameraIWildflower Condominiums) 1375 DeAnza Blvd. Modification to delete a condition of approval that requires providing additional parking stalls on the adjacent property for use pennit U-2003-03 (construction of six condominiums and the addition of 1,825 square feet to an existing retail building) Planning Commission decision final unless appealed Gary Chao, Associate Planner: o Reviewed the application for modification to delete a condition of approval as part of the use pennit, requiring additional parking stalls on the adjacent property as outlined in the staff report. o Since the concerns on the parking rights and the parking issues still exist and the parking easement language has not been clarified, staff recommends that the Planning Commission modify the condition to require the applicant to obtain a written confinnation from the Yamagami trust (Trust) and said that they have no objections to the project as planned, specifically relating to the issue of incidental parking privileges. The applicant would still have to work out the parking concerns with the adjacent property owner in addition to clarifying the parking easement language. o In general, the city does not get involved in making decisions on private matters such as this. o Alternatively, the applicant was presented the option to have the court system clarify and make detennination on what the parking easement means between the two properties, and the city will follow the detennination of the court. Chair Wong: o Asked staff to clarify the role of the Planning Commission regarding the application, and the parameters and what we can look at; and also what are the parameters of the applicant and the other party, and whal are their parameters when they come to speak in front of us tonight. -~_: ;~~;.\ Human Service Grant Funding Recommendations ~ ~t:C -t- ~' ~GJ -I 6/2/2005 201 4,900.00 $ 23,007.00 $ 54,000.00 $ 7,820.00 $ 21,200.00 $ $39,582.00 10,800.00 5,400.00 $ 5,900.00 $102,200.00 $ $ $ ! $ 4,590.00 $ 4,165.00 4,165.00 4,590.00 23,007.00 7,820.00 3,186.23 $ 17,600.36 $ 5,982.30 $ 7,114.50 $ 3,511.35 $ 2,601.00 39,995.73 $ $ $ 4,375.00 $ $ 30,000.00 $ $ 30,000.00 $ $ 13,500.00 $ $ 5,400.00 $ $ 4,000.00 $ $ 87,275.00 $ Catholic Charitie: - Lon9 Term Care Ombudsma, Cupertino Community Services - Comprehensive Assistance Program Live Oak Adult Day Services - Senior Daycare Outreach and Escort - Senior Needs Transportation Second Harvest Food Bank - Operation Brown Bag Support Network for Battered Women - Domestic Violence Services for Cu¡:>ertino Totals n 39,582.00 the Outreach and Escort did not apply for the Human Service Grant funds for 2003-04 and 2004-05. Support Network for Battered Women was fully funded under the CDBG program during 2003-04 and 2004-05 fiscal years. For 2005-06 fiscal year, the Emergency Housing Consortium was funded $4,000 under the CDBG program and Support Network for Battered Women's funding was reduced to $1.850. Notes 1 Human Service Grants.xls EXHIBIT ~c::.-I"'·Î-OS * I? City of Cupertino Budget Public Hearing Fiscal Year 2005-06 June 7, 2005 City 0r Cupertino 2005-06 J~¡ l.ri~~ '~ CITY OF - CUPEIQ1NO May 31,2005 To the Citizens of Cupertino, Honorable Mayor and Members of the City Council As with many parts of the nation that have begun to recover from the recession, Cupertino's recovery continues to be very slow. Our current fiscal year has shown moderate increases in sales tax, transient occupancy tax and property tax. However, these monies will be offset by declines in utility users tax and investment earnings. The State, also recovering slowly, will be taking another $623,000 from our General Fund. The budget before you is a "hold the line" budget, which provides the fiscal year 2004/05 level of service to our community. General Fund operating revenues are still not keeping pace with our operating expenditures and debt service obligations by approximately $1.5 million per year. This shortfall will be offset with one-time revenues each of the next three years, Highlights of the 2005/06 budget include: ~ The mandatory employer's share of the PERS retirement program is up 4,08%, increasing costs by approximately $400,000 per year; ~ The Sheriff's Office will continue to operate without a DARE program. The Community Resources Sergeant in charge of our Neighborhood Watch program will be replaced next month by a non-sworn, part-time coordinator to save the city $140,000 per year. The second school resource officer funding is contingent on award of the State COPS grant, with the salary augmented by CUSD and FUHSD; ~ Expanded facilities coming on line for the full year (including the Library and Community Hall) increasing our maintenance costs by $281,000. ~ Eleven positions are currently frozen with four of these positions unfunded for the next 5 years. This represents a savings of $350,000 per year, which was instrumental in balancing the budget. 1 will continue to leave positions vacant wherever it is feasible to do so. I am filling some vacant positions in the Community Development Department to restore service levels there. ~ The SCC Library System is working on a plan to stay open six days per week, including four hours on Saturday and four hours on Sunday. This will ensure that the Library Excess Hours budget can be used to pay back the FF&E Loan to the Resource Recovery Fund. Printed on Recycled Paper ~ The savings of$300,OOO from the Library Capital Project was transferred back to the C1P reserve and then used to fund the cost of a City Hall Emergency Generator in the upcoming fiscal year. In order to provide the high level of service the community expects within the revenues we have available, we will be presenting to you a city-wide Strategic Plan with your goal setting session next January. The plan will propose both revenue enhancements/goals and expenditure/program reductions aimed at providing a balanced budget that can accommodate planned growth for maintenance of facilities, appropriate staffing levels for high customer service and funding for future capital projects. R~o>M£~.OO' ~·~.Knap~ City Manager Revenue Summary & Five Year Budget Forecast 1 Total City Revenue Total City revenue for fiscal year 2005-06 is expected to be $55,599,000. The chart below provides an overview of all City revenue. General Fund revenue is shown on the next page of this summary. Sales Tax represents the City's largest source of revenue. We receive 1% of the 8.25% collected in the county. As this is the fourth year of economic recession, Capital Projects/Equipment Funding has been limited to previously committed grant funds. Debt payments have been reduced with the refinancing of the City's debt in 2002-03. Charges for Services includes program and engineering/building fees nom Blackberry Farm, the Sports Center, the Senior Center, Quillian Center and our Community Development and Public Works Departments. Approximately 75% (exclusive of debt service) of the City's park and recreation programs are self-funded. Intergovernmental Revenue includes motor vehicle in-lieu fees and grant funds, while Use of Money and Property represents rental fees and interest income on the city investment portfolio. Property Tax is small in comparison to our other revenues as Cupertino is a no-low property tax city, receiving olliy $.04 on every dollar paid. Other Taxes include park dedication fees, business licenses taxes and property transfer taxes. Total City Revenue $55,599,000 Utility Tax 5% License & Pennits 5% Fines 1% Sales Tax 16% L Property Taxes 7% Intergovernmental 16% Use of Money & Property 3% 2 Total City Expenditures Total City expenditures for fiscal year 2005-06 are expected to be $57,299,000. This summary chart provides a quick overview of all the City's operating and capital expenditures. Many of the Special Revenue fund activities, such as the Gas Tax, Storm Drain, Park Dedication and Environmental Management funds, are administered by the Public Works Department. The Public Works Department also oversees the Resource Recovery operations, with expenditures of over $2.6 for the City-wide garbage collection contract and disposal costs. All other Enterprise fund operations are directed by the Parks and Recreation Department, which spends over $5.6 million annually to provide programs for all ages and to maintain the City's enviable community facilities at the Blackberry Farm and Golf Course, Quinlan Community Center, Sports Center, and Senior Center. Funding for Capital Projects, which provides for street projects, sidewalks, facilities and upgrades, and major equipment purchases has been pared down significantly ITom recent years. Capital spending must be deferred until economic recovery makes such funding available. Total City Expenditures $57,299,000 Parks & Recreation 13% Cowcil& Commissions 1% Operating Transfers 12% Debt Service 6% Administration 2% CommWlity Development 7% Law Enforcement 12% Public Information 1% Capital Projects ll% Administrative Services 10% 3 General Fund Revenue Total General Fund revenue for fiscal year 2005-06 is expected to be $33,599,000. The chart below provides an overview of our revenue. Sales Tax is used for general government expenditures and is therefore accounted for entirely in the General Fund; it represents approximately 26.6% of General Fund revenue. Our sales tax comes from retail sales, business-to-business (largely high tech sector) sales and use tax. Charges for Services within the General Fund is comprised of revenue from zoning, planning and engineering fees. Intergovernmental Revenue includes motor vehicle in-lieu fees and grant funds. This revenue source represents $10.3 % (net of State take aways) of the budget. Use of Money and Property is received from rental fees and interest income. Yield on the City's investment portfolio has dropped substantially from prior years. Property Tax, though small in comparison to our other revenues, has remained relatively consistent throughout the recent recession. The City's Transient Occupancy Tax has not declined from the prior year, due only to the addition of a four- star hotel at the beginning of 2002-03. General Fund Revenue $33,599,000 License & Permits 8% Operating Transfers In 3% Utility Tax 8% Charges for Services 4% Fines 2% Misc. Revenue 6% Use of Money & Property Other 3% Taxes 5% 4 General Fund Expenditures Total General Fund expenditures for fiscal year 2005-06 are expected to be $34,118,000. General Fund expenditures, for the general operation and administration of the City, comprise over 59.5% of total expenditures. The General Fund budget allows for all expenditures necessary to carry out the basic activities of the City that are not provided through other funds. It includes the necessary resources to carry out police, and emergency preparedness; community development through planning, building and engineering activities; public works operations and maintenance; recreational programs and park utilization; and other general government functions such as legal, personnel, finance and administrative services. The City's debt service costs are also borne by the General Fund, as well as funding for capital projects. Both operational and capital budgets have been tightened to minimize the effect on the City's reserve levels. General Fund Expenditures (Including Operating Transfers) $34,118,000 Debt Service 10% Council & Commissions 1% Capital ProjectsIEquip Funding 5% Public Works 29% Community Development 10010 Administration 3% Public Infonnation 2% Law Enforcement 20% 5 REVENUE SUMMARY Property Taxes Property taxes represent approximately 11.8% (net of State take aways) of total general fund operating revenues. Property tax revenue for the 2005/06 fiscal year is estimated to be $4,252,000. Property tax revenues fluctuate with market conditions from year-to-year; however, they will generally increase in the long-term due to property sales and new construction. In 1978, voters approved the passage of Proposition 13 which froze property tax rates and limited the amount of their increase each year. Cupertino had one of the lowest property tax rates in Santa Clara County receiving $.02 for every $1.00 paid. The County then provides another $.02 as a tax equity allocation. In accordance with State law, property is assessed at actual full cash value with the maximum levy being 1 % of the assessed valuation. Increases in assessed valuation are limited to 2% annually if there is no change in property ownership, major improve- ments or requests for re-assessment. Our revenue has increased slightly in this area with recent annexations and housing development. ............ ............ ............ ............ ............ .... ............ ... ....... ...... .... .... $0.243 Cupertino Elementary $0.236 County Bond $0.164 Fremont High School Maintenance $0.148 Santa Clara County Fire District $0.065 Mid Peninsula Open Space & Various Agencies $0.063 Foothill Community College Maintenance $0.042 County Library RetÎrerment $0.040 City of Cupertino 2003/04 Actual 2004/05 Estimate 2005/06 Proposed REVENUE BY CATEGORY: Property Taxes REVENUE BY FUND: General Vallco RDA Traffic Impact ~4.000_000 6 $3.818.000 $4.252.000 $4,157,000 60,000 35.000 $4.252.000 REVENUE SUMMARY Sales Tax The City's sales and use tax revenues are generated from three principal economic categories: general retail-27.0%, business-to-business-50.9% includes electronic equipment and software manufacturers and distributors), and other products-22.1 %. Cupertino's sales tax has continued to experience declines as a result of the recessionary impacts in our area and is just starting to show signs of recovery. $14,000 $12,000 $4,000 [iACTIJAlÆST-1 $10,000 $8,000 $6,000 $2,000 $0 1997 1998 1999 2000 2001 2002 2003 2004 2005 2006 Sales and use taxes are the City's largest single source of revenue and are budgeted at $9.15 million for the 2005/06 fiscal year, representing 26.6% (net of State take aways) of the City's total general fund operating revenues. With sales tax so dependent on a vital economy, the City must focus its efforts on finding other stable revenue sources or embark on a more aggressive economic development effort to ensure health in this area. Towards that end, the City has established a Redevelopment Project Area at its regional mall and has adopted an Internet Sales Incentive policy to encourage high-tech [¡TInS to locate their Internet sales presence in Cupertino. 2003/04 Actual 2004/05 Estimate 2005/06 Proposed REVENUE BY CATEGORY: Sales Tax $8_654_000 $8.400_000 $9.150_000 REVENUE BY FUND: General $9.150_000 7 REVENUE SUMMARY Other Taxes The principal components of Other Taxes include utility, franchise, park, and transient occupancy taxes. The utility tax, which was approved by voters in 1990, is assessed on gas, electricity and telecommunication service provided within the City's jurisdiction at a rate of 2.4% of user charges. This tax is a general tax and can be used for any purpose. The following chart shows that the City's tax rate and areas of application are generally lower than that of other cities within Santa Clara County. In March 2002, voters approved an extension of the utility tax nom a sunset date of 2015 to 2030. This extension will correspond with the extended debt maturity dates as a result of refinancing for capital improvement projects. Utility taxes are budgeted to be $2,675,000 which is down compared to the previous year's projections due to the high commercial vacancy rates as a result of the recession. Utility Tax Rate Comparison GaslElectric Cable Water Telephone Cupertino 2.4% 2.4% Mountain View 3.0% 3.0% Los Altos 3.5% 3.5% 3.5% 3.5% Palo Alto 5.0% 5.0% 5.0% Gilroy 5.0% 5.0% 5.0% San Jose 5.0% 5.0% 5.0% Franchise fees are received nom cable television, garbage, water, gas and electricity nanchisees that operate in the City. The fees range nom 2% to 10% of the nanchisee's gross revenues depending on each particular agreement. Franchise fee revenues for fiscal year 2005/06, estimated to be $2,300,000, are also flat due to the continuing recession in our area. Park tax is paid by developers on housing development and can vary greatly nom year-to-year. Estimated revenue for fiscal year 2005/06 is $500,000 which is generated nom new developments within the City. Transient occupancy taxes are levied on hotel facilities located in the City at the rate of 10% of room revenues. The taxes in this category amount to $1,730,000 and have been increasing since January 2005 for all four hotels in the city. 8 REVENUE SUMMARY Other Taxes (continued) Other taxes of $1 ,550,000 reflect business license fees, property transfer tax, construction tax and housing mitigation fees. 2003/04 2004/05 2005/06 Actual Estimate Proposed REVENUE BY CATEGORY: Utility Tax $2,636,000 $2,740,000 $2,675,000 Franchise Fees 2,195,000 2,312,000 2,300,000 Park Dedication Fee 278,000 1,800,000 500,000 Transient Occupancy Tax 1,633,000 1,560,000 1,730,000 Other Taxes 1.582.000 1.435,000 1.550.000 $8.324.000 $9.847.000 $8.755.000 REVENUE BY FUND: General Park Dedication Fund $ 8,255,000 500.000 $8.755.000 9 REVENUE SUMMARY License and Permits Licenses and Permits represent approximately 8.3% of total General Fund operating revenues. This category includes building, plan check and electrical and plumbing permits. With the adoption of a new fee study for building, planning and engineering fees to reflect full cost recovery of services, the City has seen an increase in these revenue sources. 2003/04 2004/05 2005/06 Actual Estimate Proposed REVENUE BY CATEGORY: License and Permits $1.541.000 $1.600.000 $2.800.000 REVENUE BY FUND: General $2.800.000 10 REVENUE SUMMARY Revenues From Use of Money and Property This revenue category represents approximately 2.8% of total City revenues and is comprised of interest earnings on City funds, facility rents and concession payments on City-owned property, assessment bond interest, and repayment of long-term affordable housing loans. Investment earnings are a function of the amount of excess cash available for investment and the current interest rate. For the coming year, interest rates are expected to rise and cash balances should increase due to the completion of our $22 million library project. 2003/04 2004/05 2005/06 Actual Estimate Proposed REVENUE BY CATEGORY: Investment Earnings $743,000 $ I ,036,000 $898,000 Property Rentals 488,000 601,000 655,000 Loan Repayment 41.000 15.000 30.000 $2.272.000 $1.652.000 $1.583.000 REVENUE BY FUND: General Storm Drain Sports Center Resource Recovery Blackberry Farm Gas Tax Housing & Community Development Other Funds $1,075,000 25,000 72,000 120,000 117,000 50,000 50,000 74.000 $1.583.000 11 · REVENUE SUMMARY Intergovernmental Revenues Intergovernmental revenues comprise approximately 16.4% (net of State take aways) of the City's total revenues and consist of State motor vehicle license fees (VLF), State gas tax, and various grants ftom federal, state or county agencies. This revenue fluctuates widely depending on grant awards and allocations. With the enormity ofthe State budget deficit and the overall economy nationwide, this revenue is classified "at risk". The State borrowed $780,000 of vehicle license fees in 2003/04 with the promise to pay them back in 2006. In 2005, the State "borrowed" property tax, sales tax and VLF with final payback over an 18 month period. This "triple flip" has affected our cash flows and thus our interest income. It is highly probable that this revenue stream will again be sought after this year. On a positive note, Cupertino became an entitlement city for housing and community development block grants, which increased our grant allocation ftom $60,000 to almost $500,000 per year. In addition, our two new major capital projects, the Stevens Creek Corridor Park and the Mary Avenue Bicycle Overcrossing are primarily funded by grants. 2003/04 2004/05 2005/06 Actual Estimate Proposed REVENUE BY CATEGORY: Motor Vehicle in Lieu $2,460,000 $ 3,320,000 $3,450,000 Gas Tax 986,000 1,200,000 1,000,000 Housing & Community Development 201,000 476,000 435,000 Other/Grants 3.292,000 5.217.000 4.417.000 $6.939.000 $10.213.000 $9.302.000 REVENUE BY FUND: General Fund Gas Tax Housing & Community Development Capitallmprovement Projects $3,675,000 1,330,000 435,000 3,862.000 $9.302.000 12 REVENUE SUMMARY Charges for Services Due to the nature of the services provided, most of the activity in this category is accounted for separately as enterprise funds. As such, the City attempts to recover the cost of the services provided through user charges. Charges for services, representing approximately 16.1 % of total City revenues, are estimated to be $8,950,000 for the 2005/06 fiscal year. With the opening of our new Sports Center and expansion of our youth programs and the update of our building, planning and engineering fees, this category has been one of our largest growing revenue sources. 2003/04 2004/05 2005/06 Actual Estimate Proposed REVENUE BY CATEGORY: Construction and Other Permits $ 616,000 $ 492,000 $1,285,000 Resource Recovery 2,469,000 2,485,000 2,450,000 Blackberry Farm Park/Golf Fees 1,170,000 1,561,000 1,150,700 Cupertino Sports Center Fees 1,156,000 1,303,000 1,400,000 Recreation - Cultural, Youth and Teen, Physical, Nature and Park Programs 1,911,000 1,988,000 2,165,000 Senior Center Classes, Excursions 473.000 501.000 500.000 $7.795.000 $8.330.000 $8.950.000 REVENUE BY FUND: General Resource Recovery Blackberry Farm Cupertino Sports Center Recreation Programs Senior Center $1,285,000 2,450,000 1,150,000 1,400,000 2,165,000 500.000 $8.950.000 13 · REVENUE SUMMARY Fines and Forfeitures Fines result from vehicle code, parking code and other miscellaneous violations. Our fines have slightly declined due to an enhanced signage effort by our Code Enforcement and Public Works Departments and the temporary transfer of a Code Enforcement Officer into our Neighborhood Watch Program. m IONEWAV) 2003/04 2004/05 2005/06 Actual Estimate Proposed REVENUE BY CATEGORY: Fines $700.000 $600.000 $625.000 REVENUE BY FUND: General $625.000 14 REVENUE SUMMARY Miscellaneous Revenues Miscellaneous revenues consist of environmental management fees, property sales and other revenue items that the City receives on a non-consistent basis from year-to-year. Revenues for fiscal 2005/06 are budgeted at $2,670,000. Large, non-reoccurring revenues include a community fundraiser for our new library project and sale of surplus property. 2003/04 Actual 2004/05 Estimate 2005/06 Proposed REVENUE BY CATEGORY: Developer Fees Environmental Management Sale of Property Miscellaneous $ 341,000 354,000 o I ,023,000 $ 50,000 360,000 1,500,000 1.67L000 $ 50,000 374,000 1,500,000 746,000 $1.718.000 $3.581.000 $2.670.000 REVENUE BY FUND: General Fund Storm Drain Environmental Management Other $2,100,000 50,000 374,000 146,000 $2.670.000 15 REVENUE SUMMARY Interdepartmental Revenues Interdepartmental revenues consist of interdepartmental service charges and operating transfers. Interdepartmental service charges arise from the centralized administration of certain activities the costs of which are allocated to the various City departments benefited. The City uses internal service funds to account for the provision of these services and the related charges. Operating transfers are, in essence, subsidies of one fund to another fund whereby monetary resources are recorded as non-operating revenues in the receiving fund and as non-operating expenditures in the transferring fund. Operating transfers of $6,218,000 are primarily due to the transfer of $3,548,000 in debt service payments and to fund capital projects of $1 ,350,000 2003/04 2004/05 2005/06 Actual Estimate Proposed REVENUE BY CATEGORY: Transfer of Funds $4,503,000 $7,056,000 $6,218,000 Interdepartmental Service Charges: Insurance Premiums 223,000 232,000 345,000 Equipment Chargebacks 905,000 892,000 855,000 IT Chargebacks 774.000 717.000 717.000 $6.405.000 $8.897 .000 $8.135.000 REVENUE BY FUND: General Fund Capital Improvement Fund Gas Tax Cupertino Facilities Corporation Information Technology (IT) Equipment Replacement Workers' Compensation Long-term Disability $1,100,000 595,000 755,000 3,548,000 937,000 855,000 295,000 50.000 $8.135.000 16 REVENUE SUMMARY State Revenue Raid This category denotes the 2004/05 through 2006/07 negotiated League of California Cities' agreement with the State. The League and Governor Schwarzenagger have agreed that the State will take $623,313 for fiscal years 2004/05 and 2005/06 in return for a payback of $989,093 in fiscal year 2006/07 (79%) and the guarantee that local revenue will not be raided in future years. This raid of local revenue represents one-third sales tax, one-third property tax and one-third vehicle license fees and is therefore segregated in this budget as a separate line item. 2003/04* Actual 2004/05* Estimate 2005/06 Proposed REVENUE BY CATEGORY: State Revenue Raid $ o ($623.313 ) ($623.313) REVENUE BY FUND: General ($623.313 ) * Not restated for prior year revenue raids. 17 Summary of Employees By Department 80 70 ------ ----- 60 50 40 30 20 10 o 1999/00 2000/01 2003/04 2005/06 2001102 2002103 2004/05 ~C~~~ivcommiSSÎons -- · Administration · Public Information · Adminiatrative Services !. Parks and Recreation Ii C Community Development . Public Works , L~ Redev~~,?pment AgenC}' 18 Employee Summary Trend Analysis Administration The Administration Department has had minimal increases over the past seven years. The Assistant City Attorney was increased to a full-time position in 1999-2000, the Community Outreach Coordinator was decreased to a half-time position in 2001-02, and a half-time clerk receptionist was added in 2002-03. Administrative Services From fiscal year 1995-96 to 2002-03 the Administrative Services Department has seen minimal changes in staffing, Increases occurred in 1995-96, 1997-98 and 1999-00 and were due to the creation of the IT Division with the addition of an IT Manager, Network Specialist and GIS Coordinator. In 1999-00, the Code Enforcement Division added an additional officer when Rancho Rinconada was annexed to the City, and the Finance Division increased an Account Clerk position ITom a part-time to a full-time position to handle Business Licensing. In 2002-03, a half-time clerk receptionist was added to the City Clerk's office. Public Information The staffing in the Public Information Department has remained constant over the past seven years except for a 75% position that was taken to full time in 2001102. Recreation Services Recreation Services has increased staffing due to new programs ITom fiscal year 1995-96 to 2000-01. Between 1996 and 1999 additions included a Recreation Coordinator for Blackberry Farm and a Clerk Typist for Quinlan registration. A Maintenance Worker for Blackberry Farm, a Building Attendant for the Senior Center and two Recreation Coordinators have been added for fiscal year 2000-01. Changes for 2001-02 include reclassification of four positions ITom part- time to full-time due to increased workload at the Quinlan Center, Senior Center, Blackberry Golf Course and Sports Center. During 2002-03, greens maintenance was contracted out, moving three maintenance workers to vacancies in the Public Works Department, two part-time positions were consolidated into a full time, assistant golf shop attendant and a part-time position went to 75% time at the Senior Center. Continued consolidation of contract maintenance efforts allowed for the reduction of one (vacant) maintenance worker position at Blackberry Farm in 2004-05. Community Development The Community Development Department has had variations in staffing over the past seven years. Decreases occurred in 1995-96 and 1997-98, One Planner 11 position was eliminated, three Inspector positions were eliminated and the GIS Specialist was transferred to Administrative Services. Two Inspector positions were added in fiscal year 1997-98 and one Planner I position was added in 1999-00. In 2001-02, the department has combined two part- time intern positions into a full-time position to increase efficiency. In addition, during 2002-03 the Senior Building Inspector position was vacated as a result of an internal promotion. 19 Public Works From fiscal year 1995-96 to 2001-02 numerous staffing changes have occurred. The majority of the increases occurred in 1997-98 with the addition of six and a quarter positions for grounds maintenance. Decreases in 1998-99 were due to the lease of our water utility. Three positions have been added for each of the 1999-00 and 2000-01 fiscal years to increase service in grounds, fleet, median and tree crews. A Traffic Engineer was eliminated and replaced with a Senior Architect in 2001-02 and an Assistant Director of Public Works was added in 2002-03. The Facilities position count was increased in 2004-05 by one maintenance worker to support the additional maintenance workload required for the library, new Community Hall and City Center Park. Redevelopment A2encv The Vallco Redevelopment Project Area was approved and existing staff time is allocated each year as appropriate. Authorized Positions Due to current budget constraints, funding for vacant positions has been removed from the 2004-05 General Fund budget (salaries and benefits.) The Personnel Summary schedule which follows shows the placement of all authorized positions, whether or not they are funded. The total position count for 2005-06 includes eleven vacancies. 19-1 PERSONNEL SUMMARY Summary of employees by Division Permanent, Benefited Positions 1999-00 2000-01 2001-02 2002-03 CITY COUNCIL/COMMISSIONS City Council 0.20 0.20 0.20 0.40 Fine Arts Commission 0.10 0.10 0.10 0.10 Telecommunications Commission 0.05 0.05 0.05 0.05 Parks and Recreation Commission 0.10 0.10 0.10 0.10 Teen Commission 0.00 0.00 0.00 0.15 Housing Commission 0.05 0,05 0.05 0.00 0.50 0.50 0.50 0.80 ADMINISTRATION City Manager 1.35 1.35 1.35 1.45 Community Outreach 0.75 0.75 0.50 0.50 City Attorney 2.75 2.75 2.75 2.75 4.85 4.85 4.60 4.70 PUBLIC INFORMATION Community Relations 0.75 0.75 0.75 0.75 Cupertino Scene 0.40 0.40 0.40 0.40 Government Channel ·3.00 3.00 3.00 3.25 City Website 0.00 0.00 0.00 0.00 4.15 4.15 4.15 4.40 ADMINISTRATIVE SERVICES Administration 2.00 2.00 2.00 1.90 Accounting 3.75 3.75 4.50 4.40 Business Licensing 0.25 0.25 0,50 0.50 City Clerk 3.90 3.90 3.90 3.90 Duplicating and Printing 0.00 0.00 0.00 0.60 Human Resources 2.50 2.50 2.50 2.70 Code Enforcement 3.15 3.15 3.15 3.00 Insurance Administration 0.35 0.35 0.35 0.30 Information Technology 2.00 2.00 3.00 3.00 17.90 17.90 19.90 20.30 PARKS AND RECREATION Administration 1.90 1.90 1.90 1.90 Cultural Programs 6.25 6.25 8.00 6.50 Youth and Teen Services 2.00 2.00 3.50 3.35 Sports and Physical Recreation 4.00 4.00 5.00 5.50 Senior Programs 3.00 6.00 6.75 7.50 Blackberry Farm 7.50 8.50 10.00 7.88 24.65 28.65 35.15 32.63 20 2003-04 2004-05 2005-06 0.40 0.40 0.40 0.10 0.10 0.10 0.05 0.05 0.05 0.10 0.10 0.10 0.15 0.15 0.15 0.00 0.00 0.00 0.80 0.80 0.80 1.45 1.50 1.50 0.50 0.50 0.50 2.70 2.70 2.70 4.65 4.70 4.70 0,75 0.75 0.75 0.40 0.40 0.40 3.25 2.25 2.25 0.00 1.00 1.00 4.40 4.40 4.40 1.90 1.95 1.95 4.40 4.40 4.40 0.50 0.50 0.50 3.90 3.90 3.90 0.60 0.60 0.60 2.70 2.70 2.70 3.00 3.00 3.00 0.30 0.30 0.30 3.00 3.00 3.00 20.30 20.35 20.35 1.90 1.90 1.90 7.00 7.00 7.00 3.35 3.35 3.35 5.50 5.50 5.50 7.50 7.50 7.50 7.88 7.88 7.88 33.13 33.13 33.13 21 PERSONNEL SUMMARY Summary of employees by Division Permanent, Benefited Positions 1999-00 2000-01 2001-02 2002-03 COMMUNITY DEVELOPMENT Administration 1.49 1.49 1.49 1.49 Planning 6.96 5.96 6.96 6.96 Housing Services 1.00 1.00 1.00 0.90 Building 10.50 10,50 10.50 11.40 19.95 18.95 19.95 20.75 PUBLIC WORKS Administration 2.00 2.00 2.00 3.00 Environmental Management 2.80 2.35 2.35 2.57 Engineering Services 4.75 4.75 5.75 5.75 Service Center 2.15 2.20 2.20 2.20 Grounds 19.10 18.50 18.50 18.40 Streets 19.35 22.35 22.35 22.55 Facilities 7.00 7.40 7.40 7.30 Transportation 8.85 5,35 5,35 4.35 General Services 0,00 4.10 4.10 4.10 66.00 69.00 70.00 70.22 REDEVELOPMENT AGENCY 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 TOTAL PERMANENT, BENEFITED POSITIONS 131.75 138.00 144.00 153.80 * As of 7/1/05, II of these positions are frozen and four unfunded through fiscal year 2009/1 O. 22 2003-04 2004-05 2005-06 1.49 1.49 1.49 6.96 7.04 7.04 0.90 0.90 0.90 11.40 11.40 11.40 20.75 20.83 20.83 3.00 3.00 3.00 2.42 3.27 3.27 5.75 5.75 5.75 2.20 2.20 2.20 18.40 18.40 18.40 22.70 22.45 22.45 7.30 7.60 7,60 4.35 4.35 4.35 4.10 4.20 4.20 70.22 71.22 71.22 0.00 0.32 0.32 0.00 0.32 0.32 154.25 155.75 155.75 23 FUND BALANCE TRENDS Five Year Forecast (in thousands) 2004-05 2005-06 2006-07 2007-08 2008-09 2009-10 GENERAL FUND Beginning Balance at July 1 $ 12,632 $ 14,175 $ 14,093 $ 16,404 $ 15,240 $ 14,220 Operating Activity: Estimated Operating Revenues 29,648 30,499 33,332 33,924 35,758 37,316 Use ofBMR Reserve 529 387 403 419 436 453 Use of Public Access Reserve 50 50 50 50 50 50 Estimated Operating Expenditures (28,037) (29,000) (29,906) (32,410) (33,625) (35,199) Net Operating Activity 2,190 1,936 3,879 1,983 2,619 2,620 Debt Service (3,547) (3,548) (3,548) (3,547) (3,549) (3,549) Net Operating Activity after debt (1,357) (1,612) 331 (1,564) (930) (929) Transfers In (Out) from/to Other Funds: Park Dedication 1,800 500 500 500 500 500 Senior Center/LC/Library CIP 8 300 0 20 30 40 Sports Center 100 100 150 200 200 200 Blackberry Fann 0 0 0 0 0 100 Recreation Programs 400 200 200 175 175 175 MIS Fund (120) (220) (170) (170) (170) (170) Equipment FundIWorkers Compensation (300) 0 (75) (75) (75) (75) Net Income for CIP ProjectslReserve. 531 (732) 936 (914) (270) (159) One Time Revenues: One Time Loan Prepayment 330 0 0 0 0 0 Sale of Property 1,500 1,500 2,000 0 0 0 Resource Recovery Cleanup Payback 500 500 500 500 0 0 Income for CIP Project.lRe.erves 2,861 1,268 3,436 (414) (270) (159) Proposed CIP Projects: Capital Projects (459) (595) (375) 0 0 0 Gas Tax Projects (859) (755) (750) (750) (750) (909) (1,318) (1,350) (1,125) (750) (750) (909) Ending Balance June 30 14,175 14,093 16,404 15,240 14,220 13,152 Reserve: Policy Capital Improvement Projects $5,000 1,974 1,379 1,004 254 0 0 PERS Reserve 1,000 1,000 600 600 600 600 600 Retiree Medical Liability 1,151 1,151 1,151 1,151 2,262 3,384 4,487 Economic Uncertainty I 2,500 2,550 3,463 6,149 4,624 2,736 565 Economic Uncertainty II 7,500 7,500 7,500 7,500 7,500 7,500 7,500 14,175 14,093 16,404 15,240 14,220 13,152 24 FUND BALANCE TRENDS Five Year Forecast (in thousands) 2004-05 2005-06 2006-07 2007-08 2008-09 2009-10 SPECIAL REVENUE FUNDS STORM DRAIN Beginning Balance at July I $ 1,126 $ 186 $ 119 $ 53 $ 11 $ 18 Estimated Operating Revenues 75 75 77 79 81 83 Estimated Operating Expenditures (75) (142) (143) (121) (74) (76) Capital Projects (940) 0 0 0 0 0 Ending Balance at June 30 $ 186 $ 119 $ 53 $ 11 $ 18 $ 25 PARK DEDICA nON TAX Beginning Balance at July 1 $ 216 $ 4 $ 4 $ 4 $ 4 $ 4 Estimated Operating Revenues 1,800 500 500 500 500 500 Estimated Operating Expenditures 0 0 0 0 0 0 Net Operating Activity 1,800 500 500 500 500 500 Operating Transfers Out - General Fund (1,800) (500) (500) (500) (500) (500) Capital Projects - McClellanJPortal (212) 0 0 0 0 0 Ending Balance at June 30 $ 4 $ 4 $ 4 $ 4 $ 4 $ 4 ENVIRONMENTAL MANAGEMENT Beginning Balance at July I $ 134 $ 88 $ 70 $ 65 $ 61 $ 57 Estimated Operating Revenues 361 375 390 406 422 439 Estimated Operating Expenditures (407) (393) (395) (410) (426) (442) Ending Balance at June 30 $ 88 $ 70 $ 65 $ 61 $ 57 $ 54 GAS TAX Beginning Balance at July I $ 2,644 $ 934 $ 698 $ 470 $ 251 $ 41 Estimated Operating Revenues 1,060 1,050 1,090 1,132 1,175 1,220 Prior Year Grants Receivable . 0 0 0 0 0 0 Grants/Other Income 0 330 0 0 0 0 Operating Transfers In - General FundlClP 859 755 750 750 750 909 Estimated Operating Expenditures (754) (786) (818) (851) (885) (920) Net Operating Activity 1,165 1,349 1,022 1,031 1,040 1,209 Capital Projects (2,875) (1,585) (1,250) (1,250) (1,250) (1,250) Ending Balance at June 30 $ 934 $ 698 $ 470 $ 251 $ 41 $ 0 25 FUND BALANCE TRENDS Five Year Forecast (in thousands) 2004-05 2005-06 2006-07 2007-08 2008-09 2009-10 SPECIAL REVENUE FUNDS HOUSING & COMMUNITY DEVELOPMENT Beginning Balance at July I $ 1,771 $ 1,111 $ 1,161 $ 1,193 $ 1,207 $ 1,202 Estimated Operating Revenues 547 485 485 485 485 485 Estimated Operating Expenditures (I,207) (435) (453) (471) (490) (509) Ending Balance at June 30 $ 1,111 $ 1,161 $ 1,193 $ 1,207 $ 1,202 $ 1,178 LEADERSHIP CUPERTINO Beginning Balance at July 1 8 0 0 0 0 0 Estimated Operating Revenues 0 0 0 0 0 0 Operating Transfer Out (8) 0 0 0 0 0 Estimated Operating Expenditures 0 0 0 0 0 0 Ending Balance at June 30 $ 0 $ 0 $ 0 $ 0 $ 0 $ 0 VALLCOREDEVELOPMENT Beginning Balance at July I (179) (328) (325) (319) (80) 7 Estimated Operating Revenues 55 60 65 300 350 400 Estimated Operating Expenditures (204) (57) (59) (61) (263) (316) Ending Balance at June 30 $ (328) $ (325) $ (319) $ (80) $ 7 $ 91 26 FUND BALANCE TRENDS Five Year Forecast (in thousands) 2004-05 2005-06 2006-07 2007-08 2008-09 2009-10 DEBT SERVICE FUNDS CUPERTINO FACILITIES CORPORATION Beginning Balance at July I $ 10 $ 10 $ 10 $ 10 $ 9 $ 11 Operating Transfers In 3,547 3,548 3,548 3,547 3,549 3,549 Debt Service Payments (3,547) (3,548) (3,548) (3,548) (3,547) (3,549) Ending Balance at June 30 $ 10 $ 10 $ 10 $ 9 $ 11 $ 11 TRAFFIC IMPACT Beginning Balance at July I $ 114 $ 115 $ 111 $ 106 $ 104 $ 102 Estimated Operating Revenues 36 36 35 38 36 36 Debt Service Payments (35) (40) (40) (40) (38) (36) Ending Balance at June 30 $ 115 $ 111 $ 106 $ 104 $ 102 $ 102 27 FUND BALANCE TRENDS Five Year Forecast (in thousands) 2004-05 2005-06 2006-07 2007-08 2008-09 2009-10 CAPITAL PROJECT FUNDS CAPITAL IMPROVEMENT Beginning Balance at July I $ 1,889 $ 0 $ 0 $ 0 $ 0 $ 0 Operating Transfers In 459 340 375 0 0 0 Prior Year Grants 385 0 0 0 0 0 Grants/Other Income 243 45 0 0 0 0 Capital Projects (2,976) (385) (375) 0 0 0 Ending Balance at June 30 $ 0 $ 0 $ 0 $ 0 $ 0 $ 0 LIBRARY Beginning Balance al July I 8,066 300 0 0 0 0 Other Revenues 591 0 0 0 0 0 Operating Transfers Out 0 (300) 0 0 0 0 Loan for FF &E 380 0 0 0 0 0 Capital Projects (8,737) 0 0 0 0 0 Ending Balance at June 30 $ 300 $ 0 $ 0 $ 0 $ 0 $ 0 CITY CENTER PLAZA Beginning Balance at July I 82 0 0 0 0 0 Operating Transfers In 0 0 0 0 0 0 Capital Projects (82) 0 0 0 0 0 Ending Balance at June 30 $ 0 $ 0 $ 0 $ 0 $ 0 $ 0 SPORTS CENTER Beginning Balance at July I 1 0 0 0 0 0 Operating Transfers In 0 0 0 0 0 0 Capital Projects (I) 0 0 0 0 0 Ending Balance at June 30 $ 0 $ 0 $ 0 $ 0 $ 0 $ 0 28 FUND BALANCE TRENDS Five Year Forecast (in thousands) 2004-05 2005-06 2006-07 2007-08 2008-09 2009-10 CAPITAL PROJECT FUNDS STEVENS CREEK CORRIDOR PARK Beginning Balance at July I 0 0 0 0 0 0 Grants/Other Income 1,453 1,652 0 0 0 0 Operating Transfers In 89 0 0 0 0 0 Capital Projects (1,542) (J ,652) 0 0 0 0 Ending Balance at June 30 $ 0 $ 0 $ 0 $ 0 $ 0 $ 0 MARY AVENUE BICYCLE FOOTBRIDGE Beginning Balance at July I $ (10) $ (4) $ 0 $ 0 $ 0 $ 0 Prior Year Grants Authorized 1,260 0 0 0 0 0 Grants/Other Income 4,850 2,165 0 0 0 0 Operating Transfers In - General Fund 0 255 0 0 0 0 Capital Projects (6,104) (2,416) 0 0 0 0 Ending Balance at June 30 $ (4) $ 0 $ 0 $ 0 $ 0 $ 0 29 FUND BALANCE TRENDS Five Year Forecast (in thousands) 20M-OS 2005-06 2006-07 2007-08 2008-09 2009-10 ENTERPRISE FUNDS RESOURCE RECOVERY Beginning Balance at July I $ 6,546 $ 5,292 $ 4,917 $ 4,531 $ 4,060 $ 4,033 Estimated Operating Revenues 2,592 2,590 2,683 2,780 2,881 2,986 Estimated Operating Expenditures (3,466) (2,585) (2,689) (2,796) (2,908) (3,025) Net Operating Activity (874) 5 (6) (16) (27) (39) Loan for FF &E (380) 0 0 0 0 0 Loan Payback 120 120 120 45 0 0 Operating Transfers Out--General Fund (500) (500) (500) (500) 0 0 Ending Balance at June 30 $ 5,292 $ 4,917 $ 4,531 $ 4,060 $ 4,033 $ 3,994 BLACKBERRY FARM Beginning Balance at July 1 $ 681 $ 17 $ (73) $ (157) $ (50) $ 158 Estimated Operating Revenues 1,219 1,272 1,331 752 1,417 1,488 Estimated Operating Expenditures (1,303) (1,362) (1,415) (645) (1,209) (1,246) Net Operating Activity (84) (90) (84) 107 208 242 Operating Transfers Out (48) 0 0 0 0 (100) Capital Proj ecls (532) 0 0 0 0 0 Ending Balance at June 30 $ 17 $ (73) $ (157) $ (50) $ 158 $ 300 CUPERTINO SPORTS CENTER Beginning Balance at July I $ 279 $ 129 $ 114 $ 79 $ 50 $ 42 Estimated Operating Revenues 1,465 1,472 1,548 1,625 1,705 1,790 Estimated Operating Expenditures (1,515) (1,387) (1,433) (1,479) (1,538) (1,600) Net Operating Activity (50) 85 115 146 167 190 Operating Transfer Out--General Fund (100) (100) (150) (175) (175) (175) Ending Balance at June 30 $ 129 $ 114 $ 79 $ 50 $ 42 $ 34 30 FUND BALANCE TRENDS Five Year Forecast (in thousands) 2004-05 2005-06 2006-07 2007-08 2008-09 2009-10 ENTERPRISE FUNDS RECREATION PROGRAMS Beginning Balance at July I $ 485 $ 196 $ 131 $ 92 $ 82 $ 103 Estimated Operating Revenues 2,160 2,180 2,288 2,402 2,521 2,647 Estimated Operating Expenditures (2,049) (2,045) (2,127) (2,212) (2,300) (2,392) Net Operating Activity III 135 161 190 221 255 Operating Transfers Out (400) (200) (200) (200) (200) (200) Ending Balance al June 30 $ 196 $ 131 $ 92 $ 82 $ 103 $ 158 SENIOR CENTER Beginning Balance at July I $ (32) $ (l) $ 7 $ 30 $ 45 $ 56 Estimated Operating Revenues 502 503 533 560 582 605 Estimated Operating Expenditures (471) (495) (510) (525) (541) (557) Net Operating Activity 31 8 23 35 41 48 Operating Transfer Out 0 0 0 (20) (30) (40) Ending Balance at June 30 $ (1) $ 7 $ 30 $ 45 $ 56 $ 64 31 FUND BALANCE TRENDS Five Year Forecast (in thousands) 2004-05 2005-06 2006-07 2007-08 2008-09 2009-10 INTERNAL SERVICE FUNDS MANAGEMENT lNFORMA TION Beginning Balance at July I $ 883 $ 841 $ 859 $ 873 $ 888 $ 903 Estimated Operating Revenues 735 735 760 790 821 853 Estimated Operating Expenditures (745) (717) (746) (775) (806) (839) Net Operating Activity (10) 18 14 15 15 14 Operating Transfers In 120 220 170 170 170 170 Depreciation Reserve 73 80 100 100 100 100 Capital Outlay - New & Replacement (225) (300) (270) (270) (270) (270) Ending Balance at June 30 $ 841 $ 859 $ 873 $ 888 $ 903 $ 917 WORKERS' COMPENSATION Beginning Balance at July I $ 9 $ 0 $ 0 $ 0 $ 0 $ 0 Estimated Operating Revenues 160 315 327 340 354 368 Operating Transfers In 300 0 0 0 0 0 Estimated Operating Expenditures (469) (315) (327) (340) (354) (368) Ending Balance at June 30 $ 0 $ 0 $ 0 $ 0 $ 0 $ 0 EQUIPMENT Beginning Balance at July I $ 1,102 $ 974 $ 982 $ 985 $ 988 $ 991 Estimated Operating Revenues 919 870 899 935 972 1,010 Estimated Operating Expenditures (892) (862) (896) (932) (969) (1,008) Net Operating Activity 27 8 3 3 3 2 Operating Transfer In--General Fund 0 0 75 75 75 75 Depreciation Reserve 0 28 125 125 125 125 Capital Outlay - New & Replacement (155) (28) (200) (200) (200) (200) Ending Balance at June 30 $ 974 $ 982 $ 985 $ 988 $ 991 $ 993 LONG-TERM DISABILITY Beginning Balance at July I $ 13 $ 5 $ 13 $ 21 $ 29 $ 38 Estimated Operating Revenues 52 52 54 56 58 60 Estimated Operating Expenditures (60) (44) (46) (48) (49) (51) Ending Balance at June 30 $ 5 $ 13 $ 21 $ 29 $ 38 $ 47 32 REVENUE ESTIMATE Adopted Revised Actual Budget Budget FIVE YEAR FORECAST 2003-04 2004-05 2004-05 2005-06 2006-07 2007-08 2008-09 2009-10 GENERAL TAXES: Property Tax 3,908 3,748 3.950 4,157 4,365 4,583 4,812 5,053 Sales Tax 8,654 8,400 8,900 9,150 9,516 9.897 10,793 11,375 Transient Occupancy Tax 1,633 1,560 1,675 1.730 1.799 2,182 2,269 2.360 Utility Users Tax 2,636 2,740 2,650 2,675 2,755 2,838 2,923 3,011 Franchise Fees 2,195 2.312 2,200 2.300 2,369 2,440 2,513 2,589 Other Tax 1,582 1.435 1,500 1,550 1,597 1,644 1,694 1,745 20,608 20,195 20,875 21,562 22,401 23,584 25,004 26,132 LICENSE AND PERMITS 1,541 1,600 2,775 2,800 2,912 3,028 3,150 3,276 USE OF MONEY AND PROPERTY: Investment Earnings 515 780 550 600 624 649 675 702 Property Rentals 328 407 450 475 494 514 534 556 843 1,187 1,000 1,075 ],118 1,163 1,209 1,258 INTERGOVERNMENTAL: Motor Vehicle License In-Lieu 2,460 3,320 3,320 3,450 3,588 3,732 3,881 4.036 Grants 202 50 165 125 130 135 141 146 Other Intergovernmental 203 74 140 100 104 108 112 117 2,865 3,444 3,625 3,675 3,822 3,975 4,134 4,299 CHARGES FOR SERVICES: Zoning and Planning Fees 128 110 '485 510 530 552 574 597 Engineering Fees 221 200 650 675 702 730 759 790 Miscellaneous Services 227 182 85 100 104 108 112 117 576 492 1,220 1,285 1,336 1,390 1,445 1,503 FINES AND FORFEITURES 700 600 600 625 650 676 703 731 MISCELLANEOUS 37 160 176 100 104 108 112 117 STATE TAKE A WAY (sales/ property/ VLF) 0 (623) (623) (623) 989 0 0 0 Subtotal 27,170 27,055 29,648 30,499 33,332 33,924 35,758 37,316 TRANSFERS IN/OTHER REVENUES Sale of Property 0 1,500 1.500 1,500 2,000 0 0 0 Park Dedication Tax 25 1,800 1,800 500 500 500 500 500 Resource Recovery Loan Payback 0 500 500 500 500 500 0 0 Loan Payment - Kilian 0 0 330 0 0 0 0 0 Library CIP savings 0 0 0 300 0 0 0 0 Blackberry Fann 75 127 0 0 0 0 0 100 Sports Center 0 100 100 100 150 175 175 175 Recreation Programs 100 131 400 200 200 200 200 200 Senior Center 0 34 8 0 0 20 30 40 Total General Fund 27,370 31,247 34,286 33,599 36,682 35,319 36,663 38,331 33 REVENUE ESTIMATE Adopted Revised Actual Budget Budget FIVE YEAR FORECAST 2003-04 2004-05 2004-05 2005-06 2006-07 2007-08 2008-09 2009-10 SPECIAL REVENUE FUNDS STORM DRAIN Investment Earnings 16 25 25 25 27 29 31 33 Developer Fees 341 50 50 50 50 50 50 50 357 75 75 75 77 79 81 83 PARK DEDICATION TAX Park Dedication Tax 278 1,800 1.800 500 500 500 500 500 278 1,800 1,800 500 500 500 500 500 ENVIRONMENTAL MANAGEMENT Investment Earnings 0 1 1 1 I I I 1 Fees 354 360 360 374 389 405 421 438 354 361 361 375 390 406 422 439 GAS TAX Investment Earnings 32 50 60 50 50 50 50 50 Operating Transfers In - General Fund 484 750 859 755 750 750 750 909 Prior Year Grants Receivable 0 0 0 0 0 0 0 0 Federal and State Grants 340 0 0 330 0 0 0 0 Highway Users Tax 986 1,200 1,000 1,000 1,040 1,082 1,125 1,170 Construction Reimbursements 23 0 0 0 0 0 0 0 1,865 2,000 1,919 2,135 1,840 1,882 1,925 2,129 HOUSING & COMMUNITY DEVELOPMENT Investment Earnings 7 16 21 20 20 20 20 20 Grants 201 476 476 435 435 435 435 435 Loan Repayments 41 IS 30 30 30 30 30 30 249 507 527 485 485 485 485 485 LEADERSHIP CUPERTINO Operating Transfer In 18 0 0 0 0 0 0 0 Fees I Other Revenue 17 0 0 0 0 0 0 0 35 0 0 0 0 0 0 0 V ALLCO REDEVELOPMENT Investment Earnings 0 3 0 0 0 0 0 0 Property Assessment 57 35 55 60 65 300 350 400 57 38 55 60 65 300 350 400 34 REVENUE ESTIMATE Adopted Revised Actual Budget Budget FIVE YEAR FORECAST 2003-04 2004-05 2004-05 200S~06 2006-07 2007-08 2008-09 2009-10 DEBT SERVICE FUNDS _ CUPERTINO FACILITIES CORPORATION Investment Earnings I 0 0 0 0 0 0 0 Operating Transfer In 2.841 3,547 3,547 3,548 3,548 3,547 3.549 3.549 2,842 3,547 3,547 3,548 3,548 3,547 3,549 3,549 TRAFFIC IMPACT Investment Earnings 39 I I I I I I I Property Assessment 35 35 35 35 34 37 35 35 74 36 36 36 35 38 36 36 35 REVENUE ESTIMATE Adopted Revised Actual Budget Budget FIVE YEAR FORECAST 2003-04 2004-05 2004-05 2005-06 2006-07 2007-08 2008-09 2009-10 CAPITAL PROJECTS FUNDS CAPITAL IMPROVEMENT Operating Transfers In 369 447 459 340 375 0 0 0 Prior Year Grants Receivable 0 0 385 0 0 0 0 0 Grants/Other Income 2,047 243 243 45 0 0 0 0 2,416 690 1,087 385 375 0 0 0 LIBRARY Miscellaneous 325 0 41 0 0 0 0 0 Donations 638 1,011 550 0 0 0 0 0 Loan for the FF&E 0 0 380 0 0 0 0 0 963 1,011 971 0 0 0 0 0 SPORTS CENTER Operating Transfers In 130 0 0 0 0 0 0 0 130 0 0 0 0 0 0 0 CITY CENTER PLAZAl4 SEASONS PARK Operating Transfers In 131 0 0 0 0 0 0 0 STEVENS CREEK CORRlOOR PARK Operating Transfers In 0 0 89 0 0 0 0 0 Grants/Other Income 0 0 1,453 1,652 0 0 0 0 0 0 1,542 1,652 0 0 0 0 MARY A VENUE BICYCLE FOOTBRIDGE Operating Transfers In - General Fund 160 0 0 255 0 0 0 0 Prior Year Grants Authorized 0 0 1,260 0 0 0 0 0 Federal and State Grants 500 4,850 4,850 2,165 0 0 0 0 660 4,850 6,110 2,420 0 0 0 0 36 REVENUE ESTIMATE Adopted Revised Actual Budget Budget FIVE YEAR FORECAST 2003-04 2004-05 2004-05 2005-06 2006-07 2007-08 2008-09 2009-10 ENTERPRISE FUNDS _ RESOURCE RECOVERY Investment Earnings 77 100 140 120 115 110 105 100 Charges for Services 2,469 2,485 2.435 2,450 2.548 2,650 2,756 2,866 Other Revenue!Loan Payback for FF&E 17 0 137 140 140 65 20 20 2,563 2,585 2,712 2,710 2,803 2,825 2,881 2,986 BLACKBERRY FARM Investment Earnings 3 0 4 2 2 2 2 2 Rent 132 146 110 115 121 0 110 116 Charges for Services 1,170 1,561 1,100 1,150 1,204 750 1,300 1,365 Miscellaneous 5 0 5 5 5 0 5 5 1,309 1,707 1,219 1,272 1,331 752 1,417 1,488 SPORTS CENTER Investment Earnings 6 9 9 7 8 9 10 II Rent 28 48 63 65 70 72 74 78 Charges for Service 1,156 1.303 1,393 1.400 1,470 1,544 1,621 1,702 1,191 1,360 1,465 1,472 1,548 1,625 1,705 1,790 - RECREATION PROGRAMS Investment Earnings 7 12 20 15 15 15 15 15 Culture Programs 281 280 375 385 404 424 446 468 Youth and Teen Programs 685 745 775 780 819 860 903 948 NaturallPark Programs 0 28 0 0 0 0 0 0 Physical Programs 945 935 990 1,000 1,050 1.103 1,158 1,216 1,918 2,000 2,160 2,180 2,288 2,402 2,521 2,647 SENIOR CENTER Investment Earnings I 4 2 2 2 2 2 2 Charges for Services 473 501 500 500 530 557 579 602 Miscellaneous I 0 0 I I 1 I 1 475 505 502 503 533 560 582 605 37 REVENUE ESTIMATE Adopted Revised Actual Budget Budget FIVE YEAR FORECAST 2003-04 2004-05 2004-05 2005-06 2006-07 2007-08 2008-09 2009-10 INTERNAL SERVICE FUNDS MANAGEMENT INFORMATION Investment Earnings II 18 18 18 15 15 15 15 Service Charges 774 717 717 717 745 775 806 838 Operating Transfers 170 120 120 220 170 170 170 170 955 855 855 955 930 960 991 1,023 WORKERS' COMPENSATION Investment Earnings 15 0 20 20 20 20 20 20 Operating Transfers 0 0 300 0 0 0 0 0 Premiums 153 140 140 295 307 320 334 348 168 140 460 315 327 340 354 368 EQUIPMENT Investment Earnings 13 15 27 15 10 10 10 10 Service Charge 905 892 892 855 889 925 962 1,000 Operating Transfers In 0 0 0 0 75 75 75 75 918 907 919 870 974 1,010 1,047 1,085 LONG TERM DISABILITY Investment Earnings 0 2 2 2 2 2 2 2 Premiums 70 92 50 50 52 54 56 58 70 94 52 52 54 56 58 60 38 EXPENDITURE ESTIMATES Adopted Revised Actual Budget Budget FIVE YEAR FORECAST 2003-04 2004-05 2004-05 2005-06 2006-07 2007-08 2008-09 2009-10 GENERAL COUNCIL AND COMMISSIONS: 1000 City Council 181 193 193 195 203 211 220 228 1031 Tclecommunications Commission 44 79 79 63 65 68 71 73 1040 Library Commission 84 121 121 121 126 131 137 142 1042 Fine Arts Commission II 12 12 13 13 14 15 15 1050 Public Safety Commission 0 0 0 0 0 0 0 0 J 055 BicycleIPedestrian Commission 0 5 5 0 0 0 0 0 1060 Recreation Commission 9 8 8 10 10 10 II II 1065 Teen Commission 13 16 16 16 17 17 18 19 1067 Senior Commission 0 0 0 I 0 0 0 0 1070 Planning Commission 15 18 18 21 22 23 24 25 1075 Housing Commission 0 0 0 0 0 0 0 0 356 452 452 440 457 475 494 514 ADMINISTRATION: 1200 City Manager 279 313 313 330 344 357 372 386 1201 Community Outreach 60 56 56 47 48 50 52 54 1300 City Manager Discretionary Fund 6 15 15 15 15 15 15 15 345 385 385 392 407 423 439 456 1500 CITY ATIORNEY 521 528 532 513 534 555 578 601 2100 LAW ENFORCEMENT 5951 6,723 6,976 6,969 7,318 7,684 8,068 8,471 PUBLIC INFORMATION: 3300 Community Relation & Information 186 153 153 184 191 1.99 207 215 330. City 50th Anniversary 0 0 25 37 0 0 0 0 3400 Cupertino Scene 105 114 114 94 98 102 106 110 3500 Government Channel 300 295 295 319 332 345 359 374 3501 Gov't Channel--Special Project 43 44 44 48 50 52 54 56 3600 City Web Site 53 112 112 127 132 137 143 149 687 718 743 809 803 835 868 903 ADMINISTRATIVE SERVICES: 40DO Administration 324 295 295 316 328 342 355 369 4001 Economic Development 2 13 13 15 15 16 16 17 4100 Accounting 588 689 689 687 714 743 772 803 4200 Business Licenses 39 41 41 41 43 44 46 48 4300 City Cierk 436 465 465 475 494 514 535 556 4310 DupJicating and Postage 166 202 202 218 227 236 245 255 4330 Ejections 124 95 148 300 0 150 0 150 4400 Disaster Preparedness 85 109 179 103 107 61 63 66 4510 Human Resources 444 432 448 486 505 526 547 569 451 x Retiree Medical/Other 502 600 600 595 648 1.817 1.890 1,965 4511 Human Resources Litigation 27 50 34 30 31 32 34 35 4530 Code Enforcement 555 513 513 589 612 637 662 689 4540 Insurance Administration 465 591 691 710 738 767 798 830 3,758 4,095 4,317 4,563 4,463 5,885 5,964 6,352 39 EXPENDITURE ESTIMATES Adopted Revised Actual Budget Budget FIVE YEAR FORECAST 2003-04 2004-05 2004-05 2005-06 2006-07 2007-08 2008-09 2009-10 GENERAL (cont) RECREATION SERVICE: 6100 Recreation Administration 215 241 241 263 273 284 296 307 Quinlan Community Center-Cultural: 6200 Supervision 415 435 435 474 493 512 533 554 6230 Community Hall Operation 0 28 28 19 20 20 21 22 6248 Cultural Programs 51 47 49 52 54 56 59 61 6265 Quinlan Community Center 303 273 276 279 290 302 314 326 Manta Vista Recreation Center-Youth: 6300 Administration 205 211 212 261 272 283 294 306 6342 Youth Programs 38 41 40 40 42 43 45 47 6343 Teen Programs 52 12 12 13 13 14 14 15 6344 Teen Center 0 62 62 64 66 69 72 75 6360 Manta Vista Recreation Center 6 14 14 13 13 14 14 15 Cupertino Sports Center-Physical/Recreation 6400 Supervision 213 215 215 231 240 250 260 270 6445 Creekside Park 7 12 12 12 12 13 13 14 6448 Fourth of July 44 66 66 68 70 73 76 79 Senior Center: 6500 Senior Adult Programs 479 467 467 494 513 534 555 578 6529 Senior Center Case Manager 40 58 58 48 50 52 54 57 6647 Nature Programs 71 73 73 78 81 85 88 92 2,141 2,255 2,261 2,407 2,504 2,604 2,708 2,816 COMMUNITY DEVELOPMENT: 7200 Planning Administration 214 209 209 234 244 253 264 274 7301 Current Planning 611 566 566 735 765 795 827 860 7302 Mid and Long Range Planning 165 211 244 262 272 283 295 306 7305 Annexations/Saratoga Creek Boundary 10 15 15 0 0 0 0 0 7405 BMR Housing Maintenance 141 162 529 387 403 419 436 453 7406 Human Service Grants 17 40 40 40 42 43 45 47 750] General Building 357 437 437 529 550 572 595 619 7502 Construction Plan Checking 261 420 420 602 626 651 678 705 7503 Building Code Enforcement 498 487 488 531 552 575 598 621 7504 Building Abatements 0 50 50 25 25 25 25 25 2,274 2,596 2,997 3,347 3,479 3,618 3,761 3,911 40 EXPENDITURE ESTIMATES Adopted Revised Actual Budget Budget FIVE YEAR FORECAST 2003-04 2004-05 2004-05 2005-06 2006-07 2007-08 2008-09 2009-10 PUBLIC WORKS: Administration: 8001 Public Works Administration 397 453 453 480 499 519 540 561 8005 Environmental Management 15 188 170 147 153 159 165 172 Engineering: 139 8101 Engineering Design 596 717 728 755 786 817 850 884 - 8102 Inspection Service 113 123 123 127 133 138 143 149 Service Center Administration: 8201 Public Works Supervision 913 850 850 825 858 893 928 966 Grounds: 8302 McClellan Ranch Park 52 50 50 42 44 45 47 49 8303 Memorial Park 483 543 545 543 565 587 611 635 8304 City Center Park 0 35 35 27 28 29 30 31 8312 School Site Maintenance 493 527 527 510 531 552 574 597 8314 Neighborhood Parks 737 711 711 857 891 927 964 1,003 8315 Sports Fields/JollymanlCreekside 273 391 391 368 382 398 414 430 8321 Civic Center Maintenance 126 125 125 140 145 151 157 163 Streets: 8402 Street Cleaning 105 34 84 79 82 85 89 92 8406 Graffiti Removal I 57 59 61 64 66 69 71 8407 Overpasses & Medians Maintenance 547 590 590 636 661 688 715 744 8408 Street Trees Maintenance 425 546 544 545 567 589 613 638 8409 Elmwood Program 222 202 204 241 251 261 271 282 Facilities: 8501 City Hall 385 449 463 459 478 497 517 537 8502 Library 64 301 312 193 201 209 217 226 8503 Service Center 252 241 241 245 255 265 276 287 8504 Quinlan Community Center 309 374 374 390 406 422 439 456 8505 Senior Center 146 187 193 183 190 198 206 214 8506 McClellan Ranch 72 51 51 52 54 56 58 61 8507 Monta Vista 82 101 101 100 104 108 113 117 8508 Wilson 12 26 26 28 30 31 32 33 8509 Portal 25 30 30 32 33 34 36 37 8511 Creekside 50 80 80 62 64 67 69 72 8512 Community Hall 0 59 59 116 120 125 130 135 8513 Teen Center 0 27 27 32 33 35 36 37 8830 Street Lighting 192 476 491 397 412 429 446 464 - Traffic Management: 8601 Traffic Engineering 255 334 334 425 442 452 470 489 8602 Traffic Signal Maintenance 329 403 406 462 480 499 519 540 7,809 9,279 9,374 9,559 9,941 10,332 10,745 11,175 Operating Expenditures 23,843 27,031 28,037 29,000 29,906 32,410 33,625 35,199 Operating Transfers Out: 0100 Debt Service Obligations 2,841 3.547 3,547 3,548 3.548 3.547 3.549 3.549 0100 Capital Projects 630 447 459 595 375 0 0 0 0100 Gas Tax Projects/Operation Funding 644 750 859 755 750 750 750 750 0100 Leadership CupertinolWorkers Comp 18 0 300 0 0 0 0 0 0100 Equipment Fund 0 0 0 0 75 75 75 75 0100 Management Infonnation 170 120 120 220 170 170 170 170 Non-operating Expenditures 4,303 4,864 5,285 5,118 4,918 4,542 4,544 4,544 TOTAL GENERAL FUND 28,146 31,895 33,322 34,118 34,824 36,952 38,169 39,743 41 EXPENDITURE ESTIMATES Adopted Revised Actual Budget Budget FIVE YEAR FORECAST 2003-04 2004-05 2004-05 2005-06 2006-07 2007-08 2008-09 2009-10 SPECIAL REVENUE FUNDS STORM DRAIN 9612 Minor Storm Drain Improvements 92 27 75 142 143 121 74 76 9620 CIP - Minor Stonn Drain Projects 459 75 940 0 0 0 0 0 551 102 1,015 142 143 121 74 76 PARK DEDICATION TAX 0100 Operating Transfers to General Fund 275 1,800 1,800 500 500 500 500 500 9107 McClellan Ranch Improvements 0 0 212 0 0 0 0 0 275 1,800 2,012 500 500 500 500 500 ENVIRONMENTAL MANAGEMENT 8004 Non Point Source 378 398 407 394 395 410 426 442 8402 Street Cleaning 0 6 0 0 0 0 0 0 378 403 407 394 395 410 426 442 GAS TAX 8403 Sidewalk, Curb and Gutter 60 97 97 148 154 160 167 173 8404 Street Pavement Maintenance 202 236 260 246 256 267 277 288 8405 Street Signs/Markings 431 397 397 392 408 424 441 459 9xxx CIP - Curb, Gutter and Sidewalk 363 500 540 500 500 500 500 500 9xxx CIP 851 751 2,335 1,085 750 750 750 750 1,906 1,981 3,629 2,372 2,068 2,101 2,135 2,170 HOUSING & COMMUNITY DEVELOPMENT 740 I General Administration III 96 98 87 91 95 98 102 7402 Rehab Loans & Administration 0 0 473 0 0 0 0 0 7404 Public Service Grants/Affordable Housing 79 363 636 348 362 376 391 407 190 459 1,207 435 453 471 490 509 VALLCO REDEVELOPMENT 7304 Valleo Redevelopment Project Area 99 204 204 57 59 61 263 316 LEADERSHIP CUPERTINO xxxx Operating Transfer Out 0 28 8 0 0 0 0 0 40 I 0 Leadership Cupertino 14 0 0 0 0 0 0 0 4011 Youth Leadership 13 0 0 0 0 0 0 0 27 28 8 0 0 0 0 0 42 EXPENDITURE ESTIMATES Adopted Revised Actual Budget Budget FIVE YEAR FORECAST 2003-04 2004-05 2004-05 2005-06 2006-07 2007-08 2008-09 2009-10 DEBT SERVICE FUNDS CUPERTINO FACILITY CORPORATION 5301 Principal + 5306 Interest 3,532 3,532 3,532 3,533 3,533 3,532 3,534 3,534 - 5301 Fees 6 15 15 15 15 15 15 15 3,538 3,547 3,547 3,548 3,548 3,548 3,547 3,549 TRAFFIC IMPACT 5306 Principal 20 20 20 25 25 30 30 30 5306 Interest 18 15 15 15 15 10 8 6 38 35 35 40 40 40 38 36 43 EXPENDITURE ESTIMATES Adopted Revised Actual Budget Budget FIVE YEAR FORECAST 2003-04 2004-05 2004-05 2005-06 2006-07 2007-08 2008-09 2009-10 CAPITAL PROJECTS FUND CAPITAL IMPROVEMENT xxxx Operating Transfer Out 182 0 41 0 0 0 0 0 xxxx Lawrence Exp'W)'l Mitty Exchange 0 0 0 75 0 0 0 0 9xxx DACA PoollBathhouse Renovation 0 0 0 0 0 0 0 0 9116 San Thomas/Saratoga Creek Trail 43 0 54 0 0 0 0 0 9117 Stevens Creek Corridor Trail 2 0 41 0 0 0 0 0 9119 Portal/Wilson Park 334 0 0 0 0 0 0 0 xxxx Upgrade City Gateway Signage 0 0 0 0 0 0 0 0 9216 Service Center Renovation 52 0 36 0 0 0 0 0 9xxx Space Study 14 0 36 0 0 0 0 0 9219 Animal Control Facility - $500,000 0 0 500 0 0 0 0 0 9223 Civic Center Improvements 2466 0 3 0 0 0 0 0 9224 Civic Center Plaza 936 0 0 0 0 0 0 0 9528 280/Wolfe TIS 0 0 129 0 0 0 0 0 9530 Phase III Homestead Arterial 4 0 40 0 0 0 0 0 9533 Green LED TIS Lights 0 0 261 0 0 0 0 0 9534 Advanced ITS DeAnza 648 0 35 0 0 0 0 0 9535 Adaptive Traffic Controllers 644 0 0 0 0 0 0 0 9541 Safe Routes to School - Monta Vista HS 0 0 48 0 0 0 0 0 9544 Safe Routes to School - Cupertino HS 26 0 474 0 0 0 0 0 9549 Safe Routes to School - Garden Gate 0 270 475 0 0 0 0 0 9545 Traffic Signal Upgrades - Var/Greenleaf 0 100 120 50 0 0 0 0 9546 Traffic Operations Center 63 0 0 0 0 0 0 0 9547 Yellow & Ped Head LED Traffic Sig Upg 0 60 260 10 0 0 0 0 xxxx Lawrence ExpwylMitty Xing 0 0 0 0 0 0 0 0 xxxx Regnart Creek Trail, Blaney to Pacifica 0 0 0 0 0 0 0 0 9226 Sports Center AlC unit replacement 0 50 50 0 0 0 0 0 9227 Blue Pheasant Re-Roof 0 125 125 0 0 0 0 0 9228 City Hall Council Chamber Remodel 0 75 75 0 0 0 0 0 9229 City Hall Emerg GeneratorlPG&E Upgra 0 10 10 250 375 0 0 0 xxxx Sports Center Tennis Court Resurface 0 0 0 0 0 0 0 0 xxxx Quinlan Fountain Repair 0 0 0 0 0 0 0 0 xxxx PW Service Center Security Gate 0 0 0 0 0 0 0 0 9548 Traffic Related Street Walkability Mods 0 0 5 0 0 0 0 0 xxxx Traffic Signal Battery Power Backup Sys 0 0 200 0 0 0 0 0 5,412 690 3,017 385 375 0 0 0 LIBRARY - 9222 9,940 17 8,737 300 0 0 0 0 SPORTS CENTER RENOV AnON -9212 2093 0 I 0 0 0 0 0 CITY CENTER PLAZA 9313 City Center Plaza 990 0 0 0 0 0 0 0 9314 City Cenler Plaza Public Art 122 0 82 0 0 0 0 0 1112 0 82 0 0 0 0 0 STEVENS CREEK CORRIDOR PARK 0 0 1,542 1,652 0 0 0 0 MARY A VENUE BICYCLE FOOTBRIDGE 520 4,850 6,104 2,416 0 0 0 0 44 EXPENDITURE ESTIMATES Adopted Revised Actual Budget Budget FIVE YEAR FORECAST 2003-04 2004-05 2004-05 2005-06 2006-07 2007-08 2008-09 2009-10 ENTERPRISE FUNDS RESOURCE RECOVERY 8003 Programs 1793 2,188 3,466 2,585 2,689 2,796 2,908 3,025 _ xxxx Loan to Library FF&E 0 0 380 0 0 0 0 0 0100 Operating Transfers to Genera! Fund 0 500 500 500 500 500 0 0 1793 2688 3966 3085 3189 3296 2908 3025 - BLACKBERRY FARM 0100 Operating Transfers Out 75 127 48 0 0 0 0 100 6600 Administration 124 120 120 132 136 141 145 149 6620 Park 698 892 700 728 757 0 505 520 - 6640 Golf Course 431 540 431 448 466 480 494 509 6660 Blue Pheasant Restaurant 15 23 23 23 24 24 25 26 6680 Retreat Center 17 38 30 31 32 0 40 41 9112 CIP - Blackberry Farm Master Plan 34 0 0 0 0 0 0 0 9112 CIP - Blackberry Farm Picnic Area 35 0 532 0 0 0 0 0 1,428 1,740 1,883 1,363 1,415 645 1,209 1,346 _ SPORTS CENTER 0100 Operating Transfers to General Fund 0 100 100 100 150 175 175 175 6450 Sports and Physical 1122 1,080 1,080 1.127 1,173 1,219 1,268 1,319 6450 Equipment Replacement 0 0 0 0 0 0 0 0 - 8510 Facilities!rennis Court Resurfacing 231 380 436 259 260 260 270 281 1,353 1,560 1,615 1,487 1,583 1,654 1,714 1,775 RECREATION PROGRAMS - 6249 Cultural Programs 279 311 351 329 342 356 370 385 6349 Youth and Teen Services 568 733 733 760 790 822 855 889 6449 Sports and Physical 737 931 942 934 972 1,011 1,051 1,093 6649 Nature Program 6 22 22 22 23 24 25 26 OJ 00 Operating Transfers to General Fund 100 131 400 200 200 200 200 200 1,690 2,128 2,449 2,245 2,327 2,412 2,500 2,592 _ SENIOR CENTER 0100 Operating Transfers to General Fund 0 34 0 0 0 20 30 40 6549 Programs 493 471 471 495 510 525 541 557 493 506 471 495 510 545 571 597 45 EXPENDITURE ESTIMATES Adopted Revised Actual Budget Budget FIVE YEAR FORECAST. 2003-04 2004-05 2004-05 2005-06 2006-07 2007-08 2008-09 2009- IO INTERNAL SERVICE FUNDS MANAGEMENT INFORMATION 4800 Operations 697 717 745 717 746 775 806 839 9800 Equipment Acquisition 209 193 225 300 270 270 270 270 906 910 970 1,017 1,016 1,045 1,076 1,109 WORKERS' COMPENSATION 4550 Claims 650 229 469 315 327 340 354 368 EQUIPMENT 8840 Equipment Maintenance 809 892 892 862 896 932 969 1,008 9820 Equipment Acquisition 0 155 155 28 200 200 200 200 809 1,047 .,047 890 1,096 1,132 1,169 1,208 LONG TERM DISABILITY 4570 Claims 90 94 60 44 46 48 49 51 TOTAL EXPENDITURES 63,438 56,913 77,799 57,299 53,913 55,321 57,194 59,413 TOTAL REVENUES 47,346 56,314 62,659 55,598 54,786 53,084 55,566 58,003 46 CITY COUNCIL AND COMMISSIONS Expenditures by Division 2002-03 2003-04 2004-05 2005-06 Actual Actual Adopted Proposed CITY COUNCIL 1000 CITY COUNCIL 192,528 181,238 192,830 195,258 192,528 181,238 192,830 195,258 COMMISSIONS 1031 TELECOMMUNICATIONS 129,414 44,164 78,871 62,734 1040 LIBRARY 214,767 83,528 121,100 121,350 1042 FINE ARTS 27,898 10,523 12,267 12,930 1050 PUBLIC SAFETY 57 0 200 200 1055 BICYCLE AND PEDESTRIAN 0 58 0 200 1060 PARKS AND RECREATION 10,560 8,631 8,469 9,509 1065 TEEN 15,559 13,324 15,568 15,976 1067 SENIOR 0 0 200 500 1070 PLANNING 22,914 14,886 17,500 21,000 1075 HOUSING 80 0 200 200 421,249 175,114 254,375 244,599 TOTAL 613,777 356,352 447,205 439,857 47 ADMINISTRATION Expenditures by Division 2002-03 2003-04 2004-05 2005-06 Actual Actual Adopted Proposed 1200 CITY MANAGER 280,266 278,811 313,161 330,352 1201 COMMUNITY OUTREACH 55,604 59,903 56,459 46,586 \300 CITY MANAGER DISCRETIONARY FUND 10,000 6,300 15,000 15,000 1500 LEGAL SERVICES 512,279 521,216 528,250 5 \3,440 TOTAL 858,149 866,230 912,870 905,378 48 PUBLIC INFORMA nON Expenditures by Division 2002-03 2003-04 2004-05 2005-06 Actual Actual Adopted Proposed 3300 COMMUNITY RELA nONS/50th 277,112 186,280 153,445 221,174 3400 CUPERTINO SCENE 96,530 104,999 114,345 93,886 3500 GOVERNMENT CHANNEL 329,788 342,666 338,431 367,224 3600 CITY WEBSITE 0 52,853 112,134 127,102 TOTAL 703,430 686,798 718,355 809,386 49 LAW ENFORCEMENT Expenditures by Division 2002-03 Actual 2003-04 Actual 2004-05 Adopted 2005-06 Proposed 21 00 LAW ENFORCEMENT 5,826,902 5,724,101 6,723,153 6,969,223 TOTAL 5,826,902 5,724,101 6,723,153 6,969,223 50 ADMINISTRATIVE SERVICES Expenditures by Division 2002-03 2003-04 2004-05 2005-06 Actual Actual Adopted Proposed 4000 ADMINISTRATION 310,083 324,289 295,327 3 I 5,439 4001 ECONOMIC DEVELOPMENT 4,715 2,105 12,700 14,500 314,798 326,394 308,027 329,939 FINANCE 4 I 00 ACCOUNTING 593,012 588,190 689,033 686,591 4200 BUSINESS LICENSING 34,198 38,812 40,566 40,949 627,210 627,002 729,599 727,540 CITY CLERK 4300 CITY CLERK 429,073 436,247 464,939 474,346 4310 DUPLICATING AND MAIL SERVICE 198,028 166,413 201,741 217,994 4330 ELECTIONS 143 123,906 95,300 300,300 627,244 726,566 76 I ,980 992,640 EMERGENCY PREPAREDNESS 4400 EMERGENCY PREPAREDNESS 49,334 84,530 108,530 102,600 49,334 84,530 108,530 102,600 HUMAN RESOURCES 4510 HUMAN RESOURCES 485,967 471,961 481,989 515,963 4512 RETIREE MEDICAL LIABILITY 427,31 I 501,568 600,000 595,000 4540 INSURANCE ADMINISTRATION 7 I7 ,240 1,204,996 913,987 1,068,151 1,630,518 2,178,525 1,995,976 2,179,114 CODE ENFORCEMENT 4530 CODE ENFORCEMENT 535,371 555,310 512,542 588,891 535,371 555,3 I 0 512,542 588,891 INFORMATION TECHNOLOGY 4800 INFORMATION TECHNOLOGY 761,744 697,243 717,000 7 I 6,892 761,744 697,243 717,000 716,892 TOTAL 4,497,087 5,195,570 5,133,654 5,637,616 51 PARKS AND RECREA nON Expenditures by Division 2002-03 2003-04 2004-05 2005-06 Actual Actual Adopted Proposed 6100 ADMINISTRATION 215,311 214,956 241,162 262,813 CULTURAL PROGRAMS/QUINLAN CENTER/COMMUNITY HALL 6200 QUINLAN C.C., CULTURALlSUPRVSN 384,028 415,435 434,848 473,580 6230 COMMUNITY HALL 0 0 28,364 18,848 6248 CULTURAL PROGRAMS 54,888 51,308 49,253 52,224 6249 RECREATION PROGRAMS 261,104 279,032 311,190 329,007 6265 QUINLAN COMMUNITY CENTER 265,600 303,214 272,638 279,025 965,620 1,048,989 1,096,293 1,152,684 MONTA VISTA REC CENTER/YOUTH & TEEN PROGRAMS/TEEN CENTER 6300 YOUTH, TEEN, M.V. REC. CNTRJSUPVR 227,641 205,214 211,619 261,298 6342 YOUTH PROGRAMS 41,653 38,276 40,045 40,045 6343 TEEN PROGRAMS 27,800 52,435 12,405 12,550 6344 TEEN CENTER 0 0 62,135 63,690 6349 RECREATION PROGRAMS 620,603 567,976 732,998 759,708 6360 MONTA VISTA RECREATION CENTER 10,142 5,971 13,840 12,700 927,839 869,872 1,073,042 1,149,991 SPORTS AND PHYSICAL RECREATION 6400 PHYSICAL RECREATION/SUPERVISION 197,404 212,736 215,230 230,826 6445 CREEKSIDE PARK PROGRAMS 6,380 6,899 12,150 11,650 6448 FOURTH OF JULY 41,616 44,200 66,000 67,600 6449 RECREATION PROGRAMS 662,535 736,851 930,953 934,351 6450 CUPERTINO SPORTS CENTER 934,264 1,121,922 1,078,413 1,127,496 1,842,199 2,122,608 2,302,746 2,371,923 52 Expenditures by Division 2002-03 2003-04 2004-05 2005-06 Actual Actual Adopted Proposed SENIOR PROGRAMS/SENIOR CENTER 6500 SENIOR ADULT PROGRAMS 480,892 478,961 467,175 493,730 6529 SENIOR CENTER CASE MANAGER 82,084 40,339 58,300 48,412 6549 RECREATION PROGRAMS 570,41 I 493,244 471,275 495,104 1,133,387 1,012,544 996,750 1,037,246 BLACKBERRY FARM/ NATURE PROGRAMS - 6600 BLACKBERRY FARM ADMINISTRATION 110,187 124,265 120,044 132,490 6620 BLACKBERRY FARM PARK 802,766 697,566 891,855 728,000 6640 BLACKBERRY FARM GOLF 445,264 430,976 540,411 448,000 6647 NATURE PROGRAMS 68,728 71,485 72,846 78,331 6649 NATURALIST PROGRAMS 10,592 6,443 22,000 21,900 6660 BLUE PHEASANT RESTAURANT 14,392 14,991 23,000 23,000 6680 BLACKBERRY FARM RETREAT CENTER 21,786 16,617 37,551 31,870 1,473,715 1,362,343 1,707,707 1,463,591 TOTAL 6,558,071 6,631,312 7,417,700 7,438,248 53 COMMUNITY DEVELOPMENT Expenditures by Division 2002-03 2003-04 2004-05 2005-06 Actual Actual Adopted Proposed PLANNING 7200 PLANNING ADMINISTRATION 191,016 214,257 209,045 234,295 7301 CURRENT PLANNING 616,477 610,885 565,755 735,411 7302 MID AND LONG RANGE PLANNING 215,677 165,378 210,575 261,964 7304 V ALLCO REDEVELOPMENT 93,539 85,388 204,474 56,828 7305 ANNEXATION/SARATOGA CREEK 9,692 10,379 15,000 0 BOUNDARY 935,385 872,030 995,804 1,054,203 HOUSING SERVICES 7401 CDBG GENERAL ADMINISTRATION 17,429 110,967 96,101 87,497 7402 REHAB LOAN ADMINISTRATION 723 27,128 0 0 7403 AFFORDABLE HOUSING 0 45,000 290,990 282,625 7404 PUBLIC SERVICE GRANTS 37,418 61,000 71,910 65,221 7405 BMR HOUSING 799,582 140,728 161,631 387,496 7406 HUMAN SERVICE GRANTS 0 16,575 39,582 40,000 855,152 401,398 660,214 862,839 BUILDING 7501 GENERAL BUILDING 318,166 357,322 437,129 528,797 7502 CONSTRUCTION PLAN CHECKING 317,272 260,618 420,417 602,321 7503 BUILDING CODE ENFORCEMENT 553,954 498,212 487,557 531,245 7504 BUILDING ABATEMENTS 0 0 50,000 25,000 1,189,392 1,116,152 1,395,103 1,687,363 TOTAL 3,170,945 2,603,837 3,260,166 3,838,700 54 PUBLIC WORKS Expenditures by Division 2002-03 2003-04 2004-05 2005-06 Actual Actual Adopted Proposed ADMINISTRATION 8001 PUBLIC WORKS ADMINISTRATION 405,097 397,414 452,661 479,963 8003 RESOURCE RECOVERY 1,897,424 1,793,084 2,188,234 2,585,435 8004 NON POINT SOURCE 351,219 377,372 397,807 394,116 2,653,740 2,567,870 3,038,702 3,459,514 ENVIRONMENTAL PROGRAMS 8005 ENVIRONMENTAL MANAGEMENT 142,585 138,871 187,873 147,075 142,585 138,871 187,873 147,075 ENGINEERING SERVICES 8101 ENGINEERING DESIGN 662,335 595,678 717,197 755,342 8102 INSPECTION SERVICE 111,472 112,528 122,709 127,468 773,807 708,206 839,906 882,810 SERVICE CENTER 8201 ADMINISTRATION 968,663 912,627 849,628 825,378 968,663 912,627 849,628 825,378 GROUNDS 8302 MCCLELLAN RANCH PARK 58,279 51,668 49,879 42,055 8303 MEMORIAL PARK 509,204 482,504 543,214 543,169 8304 CITY CENTER PARK 0 0 34,647 26,716 8312 SCHOOL SITE MAINTENANCE 540,123 492,685 526,787 510,444 8314 NEIGHBORHOOD PARKS 720,653 736,847 710,758 857,206 8315 SPORTS FIELD JOLL YMAN/CREEKSIDE 284,290 272,858 391,403 367,717 8321 CIVIC CENTER MAINTENANCE 135,280 126,445 124,879 139,606 2,247,829 2,163,007 2,381,567 2,486,913 55 STREETS 8402 STREET CLEANING 8403 SIDEWALK CURB AND GUTTER 8404 STREET PAVEMENT MAINTENANCE 8405 STREET SIGNS MARKINGS 8406 GRAFFITI REMOVAL 8407 OVERPASSES AND MEDIANS 8408 STREET TREE MAINTENANCE 8409 ELMWOOD PROGRAM FACILITIES 8501 BUILDING MAINTENANCE CITY HALL 8502 LIBRARY 8503 SERVICE CENTER 8504 QUINLAN COMMUNITY CENTER 8505 SENIOR CENTER 8506 MC CLELLAN RANCH 8507 MONT A VISTA 8508 WILSON 8509 PORTAL 8510 CUPERTINO SPORTS CENTER 8511 CREEKSIDE PARK 8512 COMMUNITY HALL MAINTENANCE 8513 TEEN CENTER BLDG MAINTENANCE TRANSPORTATION 8601 TRAFFIC ENGINEERING 8602 TRAFFIC SIGNAL AND MAINTENANCE Expenditures by Division 2002-03 2003-04 2004-05 2005-06 Actual Actual Adopted Proposed 113,167 105,327 39,167 78,730 654,216 423,251 597,448 148,291 219,635 201,643 236,135 246,444 436,757 430,767 397,167 391,990 5,708 1,462 56,743 61,103 584,713 546,624 589,704 635,636 500,525 425,491 545,785 544,960 201,131 222,311 202,437 241,287 2,715,852 2,356,876 2,664,586 2,348,441 461,092 385,465 449,171 459,226 81,522 64,038 30 I ,027 193,349 312,545 252,008 240,806 245,075 392,536 308,686 374,031 389,915 175,262 146,378 186,712 183,087 49,781 71,588 50,859 51,979 113,823 81,988 100,625 100,211 12,863 11,585 26,032 28,445 30,112 24,900 30,284 31,645 196,281 230,587 229,793 259,185 37,694 50,340 80,141 61,674 0 0 59,104 115,576 0 0 26,566 32,031 1,863,511 1,627,563 2,155,151 2,151,398 336,156 254,667 334,481 424,685 370,976 328,826 403,345 461,757 707,132 583,493 737,826 886,442 56 Expenditures by Division 2002-03 2003-04 2004-05 2005-06 Actual Actual Adopted Proposed GENERAL SERVICES 8830 STREETLIGHTING 468,059 192,271 475,846 396,573 8840 EQUIPMENT MAINTENANCE 885,342 808,837 891,517 861,802 1,353,40 I 1,001,108 1,367,363 1,258,375 FIXED ASSETS ACQUISITION 9820 FIXED ASSETS ACQUISITION 193,500 0 0 0 193,500 0 0 0 TOTAL 13,620,020 12,059,621 14,222,602 14,446,346 57 NON-DEPARTMENTAL Expenditures by Division 2002-03 2003-04 2004-05 2005-06 Actual Actual Adopted Proposed INTERFUND TRANSFERS 0100 OPERATING TRANSFER OUT GENERAL FUND 25,503,100 5,231,000 4,864,000 5,118,000 PARK DEDICATION FUND 25,000 190,000 1,800,000 500,000 BLACKBERRY FARM 75,000 75,000 127,000 0 RECREATION PROGRAMS 100,000 100,000 131,365 200,000 SENIOR CENTER/SPORTS CENTER 50,000 50,000 134,000 100,000 OTHER 250,000 182,000 45,000 0 RESOURCE RECOVERY 0 0 500,000 500,000 LIBRARY 0 0 0 300,000 26,003,100 5,828,000 7,601,365 6,718,000 DEBT SERVICE 5301 FACILITY CORPORATION 9,866,000 3,547,000 3,547,000 3,548,000 5306 TRAFFIC IMPACT 38,000 36,000 35,000 40,000 9,904,000 3,583,000 3,582,000 3,588,000 TOTAL 35,907,100 9,411,000 11,183,365 10,306,000 58 Five Year Capital Improvements Program Fiscal Years 2005-06 to 2009-10 59 Proposed Five Year Capital Improvement Program Cash Flow Version 2009-10 2008-09 2007-08 2006-07 2,177,000 2,177,000 2005-06 1,222,000 1,222,000 Current 2004-05 235.000 235,000 Description Parks Stevens Creek Corridor Park Fund 9100 560-9112 o o o 325,000 300,000 00,000 50,000 75.000 10,000 112,000 347,000 Buildings Civic Center Sports Center AlC Unit Replacement City Hall Council Chamber Remodel City Hall Emergency Power/Electrical System Sports Center Tennis Court Resurfacing (EFt Total 9200 423-9222 420-9226 420-9228 420-9229 570-9230 o o o 325,000 300,000 750,000 500.000 1,250,000 750,000 500,000 1,250,000 750.000 500,000 1,250,000 750,000 500,000 1,250,000 1,080,000 500,000 1,580,000 1.157,000 . EF = Enterprise Fund 9400 Streets 270-9450 Pavement Management Curb. Gutter and Sidewalk Repairs Total 156,000 7,750,000 1,157,000 30,000 1,300,000 100,000 1,430,000 Pedestrian/Bicycle Facilities Bollinger Bike LaneslCalabazas Cr. Bridge(SCVWD) Sidewalk Gaps in Unimproved Areas Mary Avenue Bicycle Footbridge Mary Avenue Crosswalk/Parking Total 9600 270-9443 270-9701 42x-9449 270-9447 '" o o o o o 7,906,000 5,000 475,000 20,000 50,000 75,000 675,000 50,000 5,000 94,000 20,000 2,500 239.000 9500 Traffic Facilities 270-9435 Nei9hborhood Traffic Calmin9 Measures 420-9545 Traffic Signal Upgrade at DeAnzalProspect 420-9545 Traffic Signal Upgrade at Stellin9/Greenleaf 420-9544 Safe Routes to School-Cupertino Hi9h 420-9549 Safe Routes to School-Garden Gate 420-9547 Yellow & Ped Head LED& Traffic Signal Battery Backup System 420-9547 Countdown Ped Heads 420-9548 Street Safety Education Program NEW PROJECT Lawrence Exppwy./Mitty Xing (Cupertino Share) Total o 75,000 75,000 o 75,000 75,000 o 75,000 75,000 o 75,000 75,000 75,000 913,000 988,000 360,500 47,000 10,000 57,000 9700 Storm Drainage 210-9612 Minor Storm Drain Improvements 215-9620 Monta Vista Storm Drainage Syst. Total Proposed Five Year Capital Improvement Program Current 2004-05 2005-06 2006-07 2007-08 2008-09 2009-10 3,586,500 12,671,000 3,827,000 1,325,000 1,325,000 1,325,000 1,974,000 9,209,500 1,567,000 0 0 0 1,612,500 3,461,500 2,260,000 1,325,000 1,325,000 1,325,000 Cash Flow Version Fund Description Total Capital Improve. Prog. Total Outside Revenue Share Net City General Fund Funding '" - REVENUE Proposed Five Year Current 2004-05 Capital Improvement Program 2009-10 2008-09 2007-08 2006-07 1,567,000 2005-06 452,000 680,000 1,132,000 185,000 Funding Source Urban Park Act, Land&Water Conservation, Roberti-Z'Berg-Harris. SCVWD FACHE Settlement, Dept. of Water Resources, SCVWD Collaborative Blackberry Farm Revenue Account Description Stevens Creek Corridor Park (EF)* Total Parks Stevens Creek Corridor Park Fund 9100 o o o o o o 1,567,000 o 185,000 150,000 150,000 Sports Center Revenue Account 9200 Buildings 570-9230 Sports Center Tennis Court Resurfacin9 (EF)* Total o 330,000 330,000 Trans. Equity Act for the 21 st Century (TEA-21) 9400 Streets 270-8404 Pavement Management Total o o o o 45,000 427,500 472,500 o 239,000 239,000 SR2S SR2S SR2S 9500 Traffic Facilities 420-9544 Safe Routes to School-Cupertino High 420-9545 Traffic Signal Upgrade at Stelling/Greenleaf 420-9549 Safe Routes to School-Garden Gate Total o o o o 6,000,000 110,000 600,000 65.000 200,000 300,000 800,000 500,000 100,000 1,400,000 2003/2004 2005/2006 VTA Measure BITFCNTDA State (Sher) City of Sunnyvale Caltrans 304/BT A TDA (Non BEP) Caltrans 304/BTA EEM/OTHER Clean Air Grant 9600 Pedestrian/Bicycle Facilities 270-9449 Mary Avenue Bicycle Footbridge 270-9449 Mary Avenue Bicycle Footbridge 270-9449 Mary Avenue Bicycle Footbridge 270-9449 Mary Avenue Bicycle Footbridge Mary Avenue Bicycle Footbridge Mary Avenue Bicycle Footbridge Mary Avenue Bicycle Footbridge 270-9447 Mary Avenue Crosswalk/Parking Total o o o o o o o 1,567,000 7,275,000 9,209,500 1,974,000 TOTAL OUTSIDE REVENUE SHARE 0\ tv Unfunded Five Year Capital Improvement Program 2005-06 2006-07 2007-08 2008-09 2009-10 1,000,000 1,000,000 150,000 1,300,000 1,450,000 0 1,000,000 1,000,000 0 150,000 50,000 850,000 1,050,000 0 0 0 0 400,000 400,000 110,000 0 0 0 0 110,000 0 0 0 0 250,000 500,000 2,000,000 0 0 250,000 500,000 2,000,000 2,610,000 400,000 1,250,000 1,500,000 2,000,000 Current 2004-05 o o o o o Fund Description 9100 Parks Rancho Rinconada Park (8) Memorial Park Softball Fields (4) Sports Center Pool and Bathhouse 9200 Buildings Quinlan Fountain (7) Security Gate-Service Center (3) City Hall Remodel (5) 9300 Trails Regnart Creek Trail - Pacifica to Blaney '" v.> 9500 Traffic Facilities Phase II Battery Backup Sys.lLED (1) 9700 Storm Drainage Bubb/McClellan Storm Sewer Upgrade (9) Total Unfunded Projects Proposed Five Year Capital Improvement Program Budget Version 2009-10 2008-09 2007-08 2006-07 2005-06 Current 2004-05 Description Parks Stevens Creek Corridor Park Fund 9100 560-9112 o o o o 375,000 1,652,000 1,652,000 250,000 1,541,726 1,541,726 8,819.000 50,000 75,000 10,000 112,000 9,066,000 9200 Buildings 423-9222 Civic Center 420-9226 Sports Center AlC Unit Replacement 420-9228 City Hall Council Chamber Remodel 420-9229 City Hall Emergency Power/Electrical System 570-9230 Sports Center Tennis Court Resurfacing (EFt Total o o o 375,000 250,000 750,000 500,000 1,250,000 750,000 500,000 1,250,000 750,000 500,000 1,250,000 750,000 500,000 1,250,000 1,080,000 500,000 1,580,000 ,157,000 . EF = Enterprise Fund Streets Pavement Management Curb, Gutter and Sidewalk Repairs Total 9400 270-9450 2,416,000 1,157,000 156,000 30,000 6,104,000 100,000 6,390,000 Pedestrian/Bicycle Facilities Bollinger Bike LaneslCalabazas Cr. Bridge(SCVWD) Sidewalk Gaps in Unimproved Areas Mary Avenue Bicycle Footbridge Mary Avenue Crosswalk/Parking Total 9600 270-9443 270-9701 270-9449 270-9447 a.. .¡.. o o o o 2,416,000 5,000 50,000 10,000 5,000 94,000 239,000 475,000 20,000 40,000 2,500 9500 Traffic Facilities 270-9435 Neighborhood Traffic Calmin9 Measures 420-9545 Traffic Signal Upgrade at DeAnza/Prospect 420-9545 Traffic Signal Upgrade at Stelling/Greenleaf 420-9544 Safe Routes to School-Cupertino High 420-9549 Safe Routes to School-Garden Gate 420-9547 Yellow & Ped Head LED& Traffic Signal Battery Backup System 420-9547 Countdown Ped Heads 420-9548 Street Safety Education Program NEW PROJECT Lawrence Exppwy./Mitty Xing (Cupertino Share) 75,000 o o o o o o o 50,000 so,ooo o 75.000 75,000 140,000 75,000 75,000 875,500 75,000 940,000 1,015,000 Total 9700 Storm Drainage 210-9612 Minor Storm Drain Improvements 215-9620 Monta Vista Storm Drainage Syst Total Budget Version Proposed Five Year Capital Improvement Program Current Fund Description 2004-05 2005-06 2006-07 2007-08 2008-09 2009-10 1,250,000 9,068,226 4,642,000 0 0 0 0 10,977,000 1,471,000 1,700,000 1,300,000 1,250,000 1,250,000 1,250,000 1,300,000 1,700,000 6,113,000 20,045,226 Total Capital Improve, Prog. Total Outside Revenue Share Net City General Fund Funding 0-, VI REVENUE Proposed Five Year Current 2004-05 Capital Improvement Program 2009-10 2008-09 2007-08 2006-07 2005-06 1,652,000 Fundina Source Urban Park Act, Land& Water Conservation, 1 ,541 ,726 Roberti-Z'Berg-Harris, SCVWD FACHE Settlement Dept. of Water Resources, SCVWD Collaborative BlackberT)' Farm Revenue Account Description Stevens Creek Corridor Park (EF)* Total Parks Stevens Creek Corridor Park Fund 9100 o o o o 1,652,000 ,541,726 50.000 150,000 1 Sports Center Revenue Account 9200 Buildings 570-9230 Sports Center Tennis Court Resurfacing (EF)* Total o o o o o 330,000 330,000 Trans. Equity Act for the 21 st Century (TEA-21 9400 Streets 270-8404 Pavement Management Total o o o o 45,000 o 239,000 427,500 SR2S SR2S SR2S 9500 Traffic Facilities 420-9544 Safe Routes to School-Cupertino High 420-9545 Traffic Signal Upgrade at Stelling/Greenleaf 420-9549 Safe Routes to School-Garden Gate o o o o 45,000 ,600,000 65,000 200,000 300,000 2,165,000 666,500 5.400,000 500,000 110,000 600,000 100,000 6,710,000 2003/2004 2005/2006 VT A Measure B/TFCAfTDA State (Sher) City of Sunnyvale Caltrans 304/BT A TDA (Non BEP) Caltrans 304/BT A EEM/OTHER Clean Air Grant Total 9600 Pedestrian/Bicycle Facilities 270-9449 Mary Avenue Bicycle Footbridge 270-9449 Mary Avenue Bicycle Footbridge 270-9449 Mary Avenue Bicycle Footbridge 270-9449 Mary Avenue Bicycle Footbridge Mary Avenue Bicycle Footbridge Mary Avenue Bicycle Footbridge Mary Avenue Bicycle Footbridge 270-9447 Mary Avenue Crosswalk/Parking Total o o o o o o o o 4,192,000 9,068,226 TOTAL OUTSIDE REVENUE SHARE a- a-