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CC 08-16-05 " CUPEIQ1NO AGENDA CUPERTINO CITY COUNCIL - REGULAR MEETING CUPERTINO REDEVELOPMENT AGENCY - REGULAR MEETING 10350 Torre Avenue, Community Hall Council Chamber Tuesday, August 16, 2005 6:00 p.m. CITY COUNCIL MEETING PLEDGE OF ALLEGIANCE ROLL CALL PUBLIC COMMENTS REGARDING CLOSED SESSION CLOSED SESSION - 6:00 p.m. 1. Negotiations for purchase, sale, exchange, or lease of real property - Government Code Section 54956.8 for City owned residential lots in Oak VaHey. (No documentation in packet). RECESS PLEDGE OF ALLEGIANCE - 6:45 p.m. CEREMONIAL MATTERS - PRESENTATIONS 2. Proclamation for the Cupertino High School Choir. (No documentation in packet). POSTPONEMENTS WRITTEN COMMUNICATIONS ORAL COMMUNICATIONS This portion of the meeting is reserved for persons wishing to address the council on any matter not on the agenda. Speakers are limited to three (3) minutes. In most cases, State law will prohibit the council trom making any decisions with respect to a matter not listed on the agenda. August 16, 2005 Cupertino City Council Cupertino Redevelopment Agency Page 2 CONSENT CALENDAR Unless there are separate discussions and/or actions requested by council, staff or a member of the public, it is requested that items under the Consent Calendar be acted on simultaneously. 3. Approve the minutes ITom the June 9 and July 19 City Council meetings. 4. Adopt resolutions accepting Accounts Payable for July 15, 22, 29, and August 5, Resolution Nos. 05-121 through 05-124. 5. Adopt resolutions accepting PaYToll for July 15 and 29, Resolution Nos. 05-125 and 05- 126. 6. Adopt a resolution authorizing the City Manager to execute an agreement between the City of Cupertino and the Santa Clara Valley Transportation Authority (VTA) to accept and receive 1996 Measure B Bicycle Program funding in the amount of $5,685,203, for the Mary Avenue Pedestrian Bridge Proiect, Resolution No. 05-127. 7. Adopt a resolution supporting the Guidelines and Standards and the 2005-2006 implementation program of the Water Resources Protection Collaborative for the planning and permit regulation for the protection of water resources within Santa Clara County, Resolution No. 05-128. 8. Adopt a resolution approving a improvement agreement (driveway approach, sidewalk, curb and gutter, concrete work, and street light) with Andrew Ko and Yeon Sook Ko, Husband and Wife, 10110 Lebanon Drive, APN 342-14-025, Resolution No. 05-129. 9. Adopt a resolution approving the Final Map for Lands of Nguyen, APN 342-18-020, Stevens Canyon Road and San Juan Road, Resolution No. 05-130. 10. Accept municipal improvements for Debcor. Inc., 1358 South Stelling Road, APN 366- 17-105. (No documentation in packet). II. Accept City proiects performed under contract for Stevens Canyon Road Widening (0. C. Jones). (No documentation in packet). 12. Relocation of utilities: a) Adopt a resolution authorizing the City Manager to execute an agreement, not to exceed $60,000, with Comcast, to reimburse the City for its costs to relocate cable television distribution lines for the construction of the Mary Avenue Bicycle Pedestrian Bridge Project, Phase 1, Resolution No. 05-131. b) Adopt a resolution authorizing the City Manager to negotiate and execute an agreement with PG&E to relocate overhead and underground electrical August 16, 2005 Cupertino City Council Cupertino Redeyelopment Agency Page 3 distribution lines for the construction of the Mary A venue Bicycle Pedestrian Bridge Project, Phase I, Resolution No. 05-132. 13. Adopt resolutions authorizing grant applications to fund the Stevens Creek Corridor Project: a) Proposition 50 - California River Parkways Grant Program, Resolution No. 05- 141 b) Proposition 117 - California Wildlife Protection Act of 1990 - Habitat Conservation Fund, Resolution No. 05-142 c) Transportation Equity Act for the 21 5t Century - Recreational Trails Program, Resolution No. 05-143 14. Adopt a resolution accepting a Director's Deed of Real PropertY from the State of California, APN 362-31-004, located at the southeastern end of Cleo Avenue adjacent to Highway 85 in the City of Cupertino, Resolution No. 05-133. 15. Accept applications for an Alcoholic Beverage License: a) Lucy's Café, 21670 Stevens Creek Blvd. (formally Tory's Restaurant near the intersection of Stevens Creek Blvd. and Imperial Ave.) b) Oakmont Market, 19944 Homestead Rd. (existing restaurant near intersection of Homestead Rd. and N. Blaney Ave.) 16. Adopt a resolution authorizing the City Manager to negotiate and execute an amendment to the agreement with the Cupertino Union School District (CUSD) and the Cupertino Schools Public Facilities Financing Corporation pertaining to maintenance and improvement of certain open space areas within certain school sites to provide for an annual payment by CUSD of $45,000 to help defray and offset the inflationary costs of this agreement and authorizing the City to receive funds from CUSD for that purpose, Resolution No. 05-134. ITEMS REMOVED FROM THE CONSENT CALENDAR (above) PUBLIC HEARINGS 17. Introduction of a General Plan update, Application Nos. GPA-2004-01 and EA-2004-17, City of Cupertino, Citywide. (This item was continued from the meeting of July 19). 18. Consider a Petition for Reconsideration of the City Council's decision to approve Application M-2005-01 (Use Permit U-2003-03) with a condition that requires the applicant demonstrate a parking easement does not impact the development of his August 16, 2005 Cupertino City Council Cupertino Redeyelopment Agency Page 4 property prior to issuing building permits to construct six residential condominiums over the rear parking lot and add 1,825 square feet to an existing retail building. The applicant is Gregg Bunker. The project is located on the northwest corner of South De Anza Boulevard and Wildflower Way, at 1375 South De Anza Boulevard, APN 366-19-071, Resolution No. 05-135. UNFINISHED BUSINESS 19. Accept a $5.000 contribution for "Kid Zone - Down on the Farm" for the Cupertino Jubilee weekend, September 24 and 25, 2005. 20. Accept Council subcommittee recommendations and move to approve the revised Community Special Events in Memorial Park Policy. NEW BUSINESS 21. Consider asking the Parks and Recreation Commission to look into the possibility of some sort of memorial for members of the Armed Services who have given their lives in the service of our country. 22. Adopt resolutions approving semi-rural designations: a) Eliminate the requirement for sidewalks and streetlights for Hillcrest Road. Crescent Road. Crescent Court, and portions of Orchard Court, Amelia Court, and Cupertino Road, pursuant to Ordinance No. 1925, Resolution No. 05-136. b) Eliminate the requirement for sidewalk on the east side of Lonna Lane and the intersecting northeast corner of Kirwin Lane and Lonna Lane, pursuant to Ordinance No. 1925, Resolution No. 05-137 c) Eliminate the requirement for sidewalks and streetlights for Alcazar Avenue, pursuant to Ordinance No. 1925, except at properties on the corners of the Alcazar A venue intersections with Byrne Avenue and Orange A venue, and along Imperial Avenue, where sidewalks and streetlights will still be required, Resolution No. 05-138. 23. Review and award bid of contract for the Mary Avenue Bike Pedestrian Bridge Proiect, Phase I, Clearing, Grubbing and Rough Grading, Project No. 05-9449 to the lowest responsive and responsible bidder, Gordon N. Ball, Inc. in the amount of $566,073, and approve a construction contingency of $80,000.00 to cover unforeseen work required to complete Phase 1. 24. Designate a voting delegate and alternate for the League of California Cities Annual Conference on Thursday, October 6 through Saturday, October 8 in San Francisco. August 16, 2005 Cupertino City Council Cupertino Redevelopment Agency Page 5 25. Select a date and time in December to receive the official canvass of election results. swear in Council members, select a new mayor and vice-mayor, and hold a public reception. 26. Report on Lawson Middle School Pedestrian and Traffic Committee: a) Adopt a resolution authorizing the City Manager to apply for, accept, and appropriate $41,400.00 in Fiscal Year 2005-06 funding from the California Office of Traffic Safety (OTS) for the Collins Elementary Installation of Advance School Flashing Beacons and In-Roadway Warning Lighting System Project, Resolution No. 05-139. b) Adopt a resolution authorizing the City Manager to negotiate and execute an amendment to the agreement with All City Management Services (ACS) to provide for up to three additional school pedestrian crossing guards in the vicinity of the new Lawson Middle School, Resolution No. 05-140. ORDINANCES 27. Conduct the second reading of Ordinance No. 1965: "An Ordinance of the City Council of the City of Cupertino Amending Chapter 2.74 of the Municipal Code regarding renaming the Telecommunications Commission." The new name will be the Technology and Information Communications Commission. STAFF REPORTS 28. Accept the Annual Report for July I, 2004 to June 30,2005. 29. Receive status report on General Fund Revenue and Expenditures. (No documentation in packet) . COUNCIL REPORTS ADJOURNMENT REDEVELOPMENT AGENCY MEETING Canceled for lack of business. In compliance with the Americans with Disabilities Act (ADA), the City of Cupertino will make reasonable efforts to accommodate persons with qualified disabilities. If you require special assistance, please contact the city clerk's office at 408-777-3223 at least 48 hours in advance oj the meeting. I CUPEIQ1NO DRAFf MINUTES CUPERTINO CITY COUNCIL Regular Adjourned Meeting June 9, 2005 ROLL CALL At 4:00 p.m. Mayor Kwok called the meeting to order in the Meeting Room 100, 10350 Torre Avenue, Cupertino, California. City Council members present: Mayor Patrick Kwok, Vice-Mayor Richard Lowenthal, and Council members, Dolly Sandoval, and Kris Wang. Council members absent: Sandra James. Staff present: City Manager David Knapp, City Attorney Charles Kilian, Parks and Recreation Director Therese Smith; City Clerk Kimberly Smith; and Public Information Officer Rick Kitson (4:50 p.m.) ORAL COMMUNICATIONS - None PUBLIC COMMENTS REGARDING CLOSED SESSION - None CLOSED SESSION 1. Pending litigation - Government Code Section 54956.9(a), City of Cupertino vs. Ole Rasmussen. consultation with the City Attorney, the City Manager, and the Director of Parks and Recreation. (No documentation in packet) At 4:01 p.m. Council went into closed session on this item, and reconvened in open session at 5:10 p.m. City Attorney Charles Kilian announced that the City Council had unanimously agreed to accept a settlement. He said the conditions of the settlement include (1) The case is dismissed with prejudice; (2) All claims are released; (3) Each party is to bear their own court costs; (4) The new owner is to take over when escrow closes; (5) The business will close at 11:00 p.m. immediately; (6) The rent is temporarily reduced by the City by $2917 per month for one year; (7) Mr. Rasmussen has agreed to contribute $15,000 toward further rent reductions; and (8) The settlement is acceptable only if Mr. Tsachres closes escrow on the Blue Pheasant Restaurant. ADJOURNMENT At 5:12 p.m. the meeting was adjourned. Kimberly Smith, City Clerk 3-/ · CUPEIQ1NO DRAFT MINUTES CUPERTINO CITY COUNCIL Regular Meeting Tuesday, July 19,2005 CALL TO ORDER At 6:00 p.m., Mayor Kwok called the meeting to order in the Cupertino Community Hall, 10350 Torre Avenue, and Cupertino. 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. PUBLIC COMMENTS REGARDING CLOSED SESSION - None CLOSED SESSION 1. Labor negotiations - Government Code Section 54957.6. The purpose of the closed session is to consult with City management representatives David Knapp and Carol Atwood concerning labor negotiations with Operating Engineer's Local No.3. (No documentation in packet). At 6:00 p.m. Council recessed to a closed session, and reconvened at 6:47 p.m. in open session. City Attorney Charles Kilian announced that the City Council had authorized an agreement, and would vote on that matter under item No. 17 on this agenda. PLEDGE OF ALLEGIANCE At 6:48 p.m. Mayor Kwok called the meeting to order in the Council Chamber, 10350 Torre Avenue, Cupertino, California. Boy Scout Troop No. 494 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. 3-2 July 19, 2005 Cupertino City Council Page 2 CEREMONIAL MATTERS - PRESENTATIONS Mayor Kwok announced that the flags at City Hall were flying at half-staff in memory of Navy SEAL Matthew Axelson, a former Cupertino resident who was killed in Afghanistan. Mayor Kwok offered condolences on behalf of the Council and the community, and he also read a letter of condolence from Governor Arnold Schwarzenegger. Mayor Kwok said an endowment had been set up through the First Baptist Church of Los Altos to provide camping scholarships for children. He asked for a moment of silence in Matthew's memory. 2. Presentation by Ohana Foundation regarding donation of educational DVD's to the Cupertino Public Library. (No documentation in packet). Dr. Carlos Camargo, Director of Marketing and Educational Research, said the foundation is a nonprofit educational research and development firm now located in Cupertino. He showed a brief video describing the curriculum-based educational materials that will be donated by the founder, Mrs. Chan, and the president, Mr. Akubo, to the municipal libraries in the Santa Clara library system. The donation to the Cupertino library will be 250 DVDs that cover K-12 instruction. James/Lowenthal moved and seconded to accept the gift on behalf of the Cupertino Library. The motion carried unanimously. POSTPONEMENTS - None WRITTEN COMMUNICATIONS For item 14, the City Clerk distributed an excerpt from the draft Planning Commission minutes of June 15 related to the hillside exception for 22362 Regnart Road, and a letter from May and Paul Koski expressing continuing reservations about the development. The City Clerk also distributed six items regarding No. 15, the General Plan. These include (1), a letter from the Sobrato Development Corporation supporting the draft General Plan language or that recommended by the Planning Commission; (2) an email from Anne Ng objecting to proposed language on Page 14, No. 31, regarding Trail Projects; (3) A letter from the Sand Hill Property Company regarding proposed language changes in various sections; (4) A letter from Morley Bros., LLC, in support of Planning Commission recommendations; and (5) A letter from the Home Builders Association regarding proposed changes to several sections; (6) A letter from Robert Levy objecting to the draft wording regarding "financial benefit to the city". The City Clerk distributed an amended list of parcels which will be assessed fees for weed abatement for item 16; for item 17, a staff report and a draft Resolution No. 05-120 which would adopt the First Amendment to the MOU with Operating Engineers Local No.3. ]-3 July 19, 2005 Cupertino City Council Page 3 City Clerk Kimberly Smith said that Council had been given an email from the Boys Scout Troop 494 regarding alleged drug sales at McClellan and Bubb Roads, and offering some suggestions to address the problem. She noted that Captain John Hirokawa of the Santa Clara County Sheriff's Office had received a copy of Troop 494's email. He indicated that officers were aware of the problem and had made some arrests last month. ORAL COMMUNICATIONS Linda Merriweather, representing the San Francisco Shakespeare Festival, reported on the success of their opening weekend in Cupertino. She thanked the Council and the community for their 10 years of support. She invited everyone to attend the free performance of Much Ado About Nothing, which will be continue over the next two weekends. CONSENT CALENDAR Sandoval/James moved and seconded to approve the items on the Consent Calendar as recommended, with a correction to item 10, and with the exception of item No.4 that was pulled for discussion. Vote: Ayes: Kwok, Lowenthal, Sandoval, Wang, James. Noes: None. Absent: None. 3. Approve the minutes from the June 21 City Council meeting. 5. Adopt resolutions accepting Payroll for June 17 and July 1, Resolution Nos. 05-114 and 05-115. 6. Accept the Treasurer's Investment and Budget Report for June 2005. 7. Accept applications for an Alcoholic Beverage License: a) Lord India Cuisine, 1655 S. De Anza Blvd. 6 (existing restaurant in shopping center near intersection of S. De Anza Blvd. and Prospect Road) b) Gochi Japanese Fusion Tapas, 19980 Homestead Rd. (former Peacock Lounge) 8. Accept a gift of $850 from San Jose Water Companv to purchase emergency backpacks for the ARKS (emergency storage containers). (No documentation in packet). 9. Adopt a resolution approving Cupertino's Hazard Mitigation Plan as an Annex to the Association of Bay Area Government's multi-jurisdictional Local Hazard Mitigation Plan for the San Francisco Bay area, Resolution No. 05-116. 10. Adopt a resolution authorizing submittal of an application for the Federal Surface Transportation Program funding in the amount of $137,940 and a commitment for the local matching funds of $15,822 $17,872 to fund the Stelling Road, McClellan Road, and Tantau Avenue Pavement Rehabilitation Project, Resolution No. 05-117. 34 July 19, 2005 Cupertino City Council Page 4 11. Accept city projects performed uhder contract for Reconstruction of Curbs. Gutters & Sidewalks, Project No. 2004-05 (JJR Construction Inc). (No documentation in packet). 12. Accept municipal improvements for Kindercare Learning Center, 1515 S. De Anza Boulevard. (No documentation in packet). 13. Adopt a resolution accepting a grant of easement for roadway purposes, John Ghashghari and Kelly Walsh, husband and wife, as Community Property with Right of Survivorship, Resolution No. 05-118. ITEMS REMOVED FROM THE CONSENT CALENDAR (above) 4. Adopt resolutions accepting Accounts Pavable for June 17, 24, 30, and July 8 Resolution Nos. 05-110 through 05-113. Community Development Director Steve Piasecki responded to a question by Wang, and said that the difference in postage costs between the General Plan and the Taylor Woodrow project was that the General Plan postcard was sent to all postal customers, and the Taylor Woodrow postcard only went to residential customers. In the future all postcard mailings will go to all postal customers. Wang/Sandoval moved and seconded to adopt the resolutions as recommended, and the motion carried unanimously. Mayor Kwok reordered the agenda to take up item 16 next. NEW BUSINESS 16. Conduct a hearing and adopt a resolution approving assessment of fees for the annual weed abatement program (private parcels), Resolution No. 05-119. The City Clerk distributed an amended list of parcels to be assessed the fees for weed abatement. Mr. John Knopp said that his property had been included on the assessment list in error and just wanted to confirm it had been removed. He was provided with a copy of the amended parcel list. James/Wang moved and seconded to adopt Resolution No. 05-119 with the amended list of parcels to be assessed. The motion carried unanimously. PUBLIC HEARINGS 14. Consider an appeal of the Planning Commission decision regarding EXC-2005-08 (EA- 2005-02), filed by Martin Bernstein, 22362 Regnart Road, APN 366-45-014, for a hillside exception for a new 6,500 square foot residence on a prominent ridgeline with 3-) July 19, 2005 Cupertino City Council Page 5 slopes greater than 30% and exceptions to the maximum wall height on the downhill elevation and to exceed the maximum grading quantities. Council member Lowenthal said he appealed this item on one irregularity and some of the findings. He said that the photographic evidence at the Planning Commission hearing was incorrect, although amended photos are included in the Council packet. Assistant Planner Gary Chao reviewed a PowerPoint presentation highlighting the project and the findings. Architect Martin Bernstein said he represented the applicants, Mr. And Mrs. McCamish. He reviewed a history of the project, said that the neighbors have reviewed it, and the applicants have 8 letters of support. He noted that the sanitary sewer has been approved by the sanitary district, and will be installed within documented easements. He discussed the steps taken to reduce the visual impact so the actual house will be lower than is shown in the story poles, plus there will be additional landscape screening. He said that he had also explained about the additional landscape to neighbor May Koski. Bernstein said there was some confusion at the Planning Commission meeting when it was mentioned that the house could be as much as 50 feet high; in fact the maximum height will not exceed 20 feet. He illustrated how the lower half of the structure will be constructed below grade, which will essentially be used for storage. The public hearing was opened at 7:44 p.m. Jennifer Griffin said she that she was aware of noticing problems when the Planning Commission heard this item. She said her concerns for the project included the house of this magnitude overlooking the reserve, the need to preserve the mature oaks at the site, and the height of the cupola tower. She also objected to the two-story pillars without a second-story setback. The public hearing was closed at 7:47 p.m. James and Lowenthal moved and seconded to refer the matter back to the Planning Commission for further consideration, taking into account the City Council's comments about lowering the height of the building/removing the cupola tower, increasing the landscaping, increasing the radius of notification, etc., and that it doesn't need to come back to the City Council unless challenged. The motion carried unanimously. The Community Development Director said that they would extend the radius for the public hearing notice to 2000 feet. Sandoval asked whether the General Plan should specify increased noticing, as well as a standardized width for orange netting used on story poles. The Community Development Director said that he would bring a written policy back to the City Council for their review, which could be more easily updated when needed. 3-~ July 19, 2005 Cupertino City Council Page 6 RECESS The Council was in recess from 8:05 to 8:20 p.m. 15. Introduction of a General Plan update, Application Nos. GP A-2004-01 and EA-2004-l7, City of Cupertino, Citywide. Mayor Kwok explained that the Council would receive a preliminary presentation and hear public comments, but would take no action this evening. Also, there will be opportunities for public input on the topic in future Council meetings. Community Development Director Steve Piasecki explained that the General Plan is the city's blueprint for growth and change for next 20 years. The document is required by state law, and must address land use, circulation, housing, conservation open space, noise and safety. It should also reflect the values of the community. He said that the Plan is implemented by a variety of documents including annual budgets, capital improvements, council annual goals, the zoning ordinance, street standards, municipal code, development review, strategic plans, and specific plans. Piasecki reviewed the history of this current amendment, including the community surveys, task force meetings, and extensive community notices. He said that tonight the City Council is reviewing the Planning Commission recommendation; the Task Force draft including a Minority Report; the Planning recommended amendments dated June 28, 2005; a hot topics background report that compares the plan alternatives, and the Environmental Impact Report (ErR). These are all available on the City's web site. Piasecki highlighted the document, including the guiding principles and community vision, principles for building community, and goals and policies. He suggested that the City Council organize the discussion around the topic of growth, including building height, setbacks, how much growth should be allowed, where residential and commercial uses should go, etc. Lowenthal asked that staff be prepared to address correspondence that Council has received on this topic and if the City Council get input from the Bicycle Pedestrian Commission regarding the Stevens Creek Trail. He also asked if the Council could get an integrated document to review. Piasecki responded that it is very expensive and time- consuming to integrate the documents, so staff is waiting until they have received direction from the Council before doing that. The public hearing was opened at 8:42 p.m. Roberta Holliman said she was a member of the General Plan Task Force and one of authors of the Minority Report. She said that one of the most important issues is affordable housing, and she urged that Council set density limits that allow for and encourage below-market-rate housing. 3-7 July 19, 2005 Cupertino City Council Page 7 Mike Bullock recommended a "cash out" car parking policy to reduce congestion and increase choice. He explained that when a company offers employees cash if they agree not to drive to work, there is decreased need for parking spaces or lots and the excess land can be used for other purposes. He suggested some wording to amend the City's off street parking ordinance and other documents to promote this policy. Dean Sayre said that low-income housing in this community is an oxymoron. He said the city has built houses for teachers, firefighters, etc., since 1955, and the more the housing is divided and compressed, the greater the cost of the land. He said that there is a finite market for mixed-use development, and he was in favor of a planned community. Jennifer Griffin asked that the City Council keep new construction below 45 feet, preferably 35 feet; preserve views of the hillsides; don't building housing just because the ABAG numbers dictate it; and preserve the technology parks and green belts. Charles Ahern recommended the appointment of an environmental resources and sustainability commission, and challenge that group to fund themselves. He also noted item 63 on page 29 of the recommendation, and said that the EP A must approve all woodstoves. He proposed a ban on wood fireplaces in new construction. Kelly Snider, representing Toll Brothers, said that the administrative draft General Plan and the Planning Commission recommendations are a great start, and Toll Brothers especially supports the allocation of 300 housing units to the Vallco south planning area. Snider asked that the Council include an additional 100 units, perhaps from the Citywide allocation. That would allow Toll Brothers to submit their plans without requiring a General Plan amendment. Ned Britt said that a vote of three Council members can allow anything to be built, and there is no permanency. He asked for a list of amendments in the last General Plan to see what they were and why they occurred. He also said that the ABAB jobs/housing numbers are too fuzzy, and suggested a real job count. Britt also said affordable housing is a misnomer and when developers are forced to build, they raise prices on other houses; affordable units are outside the market range and never serve to bring down prices. Dennis Whittaker said that any new development should not have a negative impact on its neighbors. Also, some things that should be addressed immediately include: parking spaces of a comfortable size; improved noticing, up to a mile or two; parks in new sectors of Cupertino; and better definitions of the ABAG jobs/housing numbers, or a change in the system. Eric Morley, Morley Bros. Real Estate, said he was also speaking on behalf Sobrato Development. He requested the adoption of the Planning Commission recommendations and the draft, including Vallco north area. He said they also support selective reduction of functionally obsolete buildings. J-8 July 19, 2005 Cupertino City Council Page 8 Alan Loving, representing Taylor Woodrow developers, said they are proposing a single- family development on Bubb Road and Results Way. They have monitored the Planning Commission review and recommendations, and noticed that the Commission recommended removing 94 residential units that were in the existing General Plan, taking it down to zero. He said such a move would make it difficult for them to build their project without a General Plan amendment, and he asked that those units be reinstated. He also said that his company was in support of converting small areas of obsolete commercial or industrial space to more useful land use. Tom Hugunin said that this is a 20-year General Plan, and yet plans are to have it finished by September. He felt the Council should take a slow and careful look. The public hearing was closed at 9: 1 0 p.m. City Council members asked questions and gave suggestions to staff, including (1) Provide photographs of already constructed high-volume, high-quality retail uses that are 45 feet high; (2) Report back on how HP, Apple and other major industries might be affected by a reduction in square footage allowed for office & industrial uses; (3) Add a column on page 3 about special center housing units, showing how many units are approved and/or under construction, so Council can see the net difference if they proceed with the Road Map for housing; (4) Provide more detailed information on the differences between the administrative draft, Planning Commission, and Task Force recommendations regarding the "Hot Topics"; (5) The General Plan should reflect the importance of fiscal self-reliance, particularly because changes by the State affect how the city provides services; (6) Table 2A, which outlines different element such as neighborhoods, commercial centers, etc., may need more clarification; (7) In charts where there are extreme discrepancies between the various recommendations, provide more explanation of the rational behind those recommendations. James/Wang moved and seconded to continue this item to August 16. The motion carried unanimously. UNFINISHED BUSINESS - None NEW BUSINESS 17. Approve fiscal year 2005-06 terms and conditions of employment for the bargaining unit represented by Operating Engineers Local Union No.3 (OE3). (Documentation to be distributed at the meeting): a) Adopt a resolution amending the Memorandum of Understanding between the City and the Operating Engineers Local Union No.3 (OE3), Resolution No. 05- 120. Administrative Services Director Carol Atwood said that the Council had discussed this item in closed session. J-1 July 19, 2005 Cupertino City Council Page 9 James/Lowenthal moved and seconded to adopt Resolution No. 05-120. The motion carried unanimously. 18. Consider appointing two Council members to serve on a committee to review a potential development agreement with the Toll Brothers. City Attorney Charles Kilian explained how the development agreement would work, if Council chose to approve it. Kelly Snider, representing Toll Brothers, said that they only have 5 years to complete their project, and this development agreement would give them more time to work on this extremely complex master plan, as well as allowing them to get started on the retail portion of the master plan proposal. Benefits to the City may be things such as a park exaction, an increase in affordable housing, housing for seniors, or other substantial unmet needs. Dennis Whittaker said that the community did not know that Vallco had a development plan, and it allowed the City and landowner to make plans without giving the citizens a say later on. He asked that Council deny the request and provide public notice to everyone for the normal process of public hearings. Ned Britt was opposed to the development agreement. He said the General Plan allocation for housing units has gone from 2300 to 4600, Toll Brothers has asked for an increase in their allocation, so it seems that Council is trying to force a new general plan before the latest change went into effect. Tom Hugunin said that a master plan for Vallco makes sense before any more work takes place, but a development agreement may circumvent that, so he was opposed to it. Jennifer Griffin said that a decision on the Vallco project should not be made until the community knows the results of the initiative measures on the November ballot. She also asked for Citywide notice. The public hearing was closed at 10:50 p.m. and the Council members discussed their options. James moved that Kris Wang and Richard Lowenthal work on a committee with staff to make a recommendation regarding whether to proceed with a development agreement, but at the same time encourage the developer to move forward with the project. Lowenthal seconded for purposes of discussion. Wang offered an alternate motion to continue this item. There was no second and the alternate motion failed. James called for the question, and the motion on floor failed, with Sandoval, Kwok and Wang voting rio, and James and Lowenthal voting aye, so there will be no development agreement committee. 3-/0 July 19, 2005 Cupertino City Council Page 10 19. Conduct first reading of Ordinance No. 1965: "An Ordinance of the City Council of the City of Cupertino Amending Chapter 2.74 of the Municipal Code regarding renaming the Telecommunications Commission." The City Clerk read the title of the ordinance. James/Lowenthal moved and seconded to read the ordinance by title only, and that the City Clerk's reading would constitute the first reading thereof. The new name will be the Technology and Information Communications Commission. Vote: Ayes: James, Kwok, Lowenthal, Sandoval, Wang. Noes: None. Absent: None. ORDINANCES - None STAFF REPORTS 20. Receive status report on General Fund Revenue and Expenditures. (No documentation in packet). Administrative Services Director said that as of the preliminary close of the budget, revenues are over budget by about $2 million. She added that expenditures are below budget now, primarily because of employee vacancies, although there are still some items to be paid. Council received the report. COUNCIL REPORTS Council members highlighted the activities of their committees and various community events. ADJOURNMENT At 11 :25 p.m. the meeting was adjourned. The City Clerk noted that the meeting of August 2 would be cancelled, and Council would next meet on Tuesday, August 16. Kimberly Smith, City Clerk For more information: Staff reports, backup materials, and items distributed at the meeting are available for review at the City Clerk's Office, 777-3223, and also on the Internet at www.cupertino.org.Click on Agendas & Minutes/ City Council/ Packets. Most Council meetings are shown live on Cable Channel 26, and are available at your convenience from our web site. Visit www.cupertino.org and click on Watch Meetings. Videotapes are available at the Cupertino Library, or may be purchased from the Cupertino City Channel, 777-2364. '3 -I ¡ DRAFT RESOLUTION NO. 05-121 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 JULY IS, 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: é;u4# a ûl-u~ Director of Administrative Services PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this 16tlxlayof August ,2005, by the following vote: Vote Members of the Citv Council AYES: NOES: ABSENT: ABSTAIN: ATTEST: APPROVED: City Clerk Mayor, City of Cupertino 4-1 07/14/05 ACCOUNTING PERIOD: 1/06 CITY OF CUPERTINO SELECTION CRITERIA: transact. trans_date between "07/11/2005" and "07/15/2005" CHECK REGISTER - DISBURSEMENT FUND FUND - 110 - GENERAL FUND CASH ACCT CHECK NO 1020 1020 1020 TOTAL CHECK 1020 1020 1020 1020 TOTAL CHECK 1020 1020 1020 1020 1020 1020 1020 1020 1020 l020 1020 l020 TOTAL CHECK 1020 1020 1020 TOTAL CHECK 1020 1020 1020 1020 1020 TOTAL CHECK 1020 1020 1020 1020 1020 1020 1020 TOTAL CHECK 6B065 619065 619065 619066 619066 619066 6B066 619067 619068 619068 619068 619068 619068 619068 619068 619068 619068 619068 619068 619069 619070 619070 619071 619072 619073 619073 619073 619074 619075 619076 619076 619076 619076 619076 ISSUE DT --------------VENDOR------------- FUND/DEPT 07/l5/05 1.695 07/15/05 1695 07/15/05 1695 07/l5/05 4 07/15/05 4 07/15/05 4 07/15/05 4 07/15/05 2259 07/15/05 9 07/15/05 9 07/15/05 9 07/15/05 9 07/15/05 9 07/l5/05 9 07/15/05 9 07/15/05 9 07/15/05 9 07/15/05 9 07/15/05 9 07/15/05 13 07/15/05 07/15/05 3375 3375 3M 3M 3M 2708405 2708405 2708405 07/15/05 1680 07/15/05 28 07/15/05 2276 07/15/05 2276 07/15/05 2276 07/15/05 34 07/15/05 2799 07/15/05 07/15/05 07/15/05 07/15/05 07/15/05 2298 2298 2298 2298 2298 A T I".: T A T I".: T A T I".: T A T I".: T 1108501 1108501 1108501 1108501 A-1 FENCE, INC. 1108315 ABAG POWER PURCHASING PO 1108507 ABAG POWER PURCHASING PO 1108501 ABAG POWER PURCHASING PO 1108509 ABAG POWER PURCHASING PO 1108513 ABAG POWER PURCHASING PO 5708510 ABAG POWER PURCHASING PO 1108508 ABAG POWER PURCHASING PO 1108505 ABAG POWER PURCHASING PO 1108503 ABAG POWER PURCHASING PO 5606620 ABAG POWER PURCHASING PO ll08504 ABAG POWER PURCHASING PO 1108506 ACME I".: SONS SANITATION C 1106448 ACTIVE NETWORK, LTD ACTIVE NETWORK, LTD 6104800 6104800 ADVANTAGE GRAFIX 2709449 AIRGAS NCN 1108314 ALHAMBRA ALHAMBRA ALHAMBRA 1104510 1104510 1106265 ALL CHEMICAL DISPOSAL IN 1108005 APPLE COMPUTER INC 5208003 ARCH WIRELESS ARCH WIRELESS ARCH WIRELESS ARCH WIRELESS ARCH WIRELESS 1104400 ll06265 1108501 1108602 1104400 RUN DATE 07/14/05 TIME 09:28:47 -----DESCRIPTION------ SUPPLIES SUPPLIES SUPPLIES JULY 2005 STATEMENT JULY 2005 STATEMENT JULY 2005 STATEMENT JULY 2005 STATEMENT FENCE REPAIR #31994 5/26-6/25 5/26-6/25 5/26-6/25 5/26-6/25 5/26-6/25 5/26-6/25 5/26-6/25 5/26-6/25 5/26:6/25 5/26-6/25 5/26-6/25 PORTA POTTIES #54716 CLASS SFTWR MAINT.FEE CLASS SFTWR MAINT.FEE COPIES OF MARY AVE SPE FY 2005-2006 OPEN PURC 424139947 DRINK WATER 424135440 DRINK WATER WATER DELIVERY AND DIS E-WASTE PROGRAM HAZ MAT DISPOSAL #6187076-2 #6187076-2 #6187076-2 #6187076-2 #6187076-2 7/1-8/1 7/1-8/1 7/1-8/1 7/1-8/1 7/1-8/1 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 PAav AMOUNT 271.81 224.08 767.73 1263.62 24.06 58.95 24.06 24.06 131.13 5950.00 325.65 1113.60 52.55 66.03 484.11 49.17 208.29 640.78 653.41 1807.80 108.61 5510.00 1688.70 12856.00 5375.00 18231.00 621.02 46.33 143.95 398.40 71.90 614.25 4403.20 12329.08 19.44 63.54 41.46 46.68 69.33 240.45 - FINANCIAL ACCOUNTING L(-d-... 07/14/05 ACCOUNTING PERIOD: 1/06 CITY OF CUPERTINO SELECTION CRITERIA: transact. trans_date between "07/11/2005" and "07/15/2005" CHECK REGISTER - DISBURSEMENT FUND FUND - 110 - GENERAL FUND CASH ACCT CHECK NO 1020 1020 1020 1020 1020 TOTAL CHECK 1020 619077 619078 619079 619080 619080 619081 1020 619082 1020 619082 TOTAL CHECK 1020 1020 1020 TOTAL CHECK 1020 1020 1020 TOTAL CHECK 1020 1020 1020 1020 1020 1020 1020 1020 1020 TOTAL CHECK 1020 1020 1020 TOTAL CHECK 1020 1020 1020 619083 619084 619084 619085 619086 619086 619087 619087 619087 619087 619087 619087 619087 619087 619087 619088 619089 619089 619090 619091 619092 ISSUE DT --------------VENDOR------------- FUND/DEPT 07/15/05 1287 07/15/05 720 07/15/05 1475 07/15/05 07/15/05 07/15/05 120 07/15/05 3269 07/15/05 3269 07/15/05 2633 07/15/05 07/15/05 07/15/05 124 07/15/05 07/15/05 07/15/05 07/15/05 07/15/05 07/15/05 07/15/05 07/15/05 07/15/05 07/15/05 07/15/05 07/15/05 2646 07/15/05 07/15/05 07/15/05 1156 07/15/052461 07/15/05 2626 3314 3314 127 127 2232 2232 149 149 149 149 149 149 149 149 149 1057 1057 ASTRO EVENTS OF SAN JOSE 1106342 BATTERY SYSTEMS 6308840 BILL'S TREE eARE AND LAN 1108315 BRUCE'S TIRE INC 6308840 6308840 BRUCE'S TIRE INC c. B. TOOL CO 1108503 GAL-WEST LIGHTING eAL-WEST LIGHTING 1108602 1108602 CALIFORNIA BINGO SERVICE 5506549 THE CALIFORNIA CHANNEL THE CALIFORNIA CHANNEL 1103500 1103500 CALIFORNIA SAFETY & CLEA 6308840 CARIAGA, LOURDES CARIAGA, LOURDES 110 110 CASH CASH CASH CASH CASH CASH CASH CASH CASH 1104510 1107301 1108501 5208003 1101201 1103300 1103500 1104400 1104510 CDW-G 6109856 CERIDIAN BENEFITS SERVIe 110 CERIDIAN BENEFITS SERVIC 110 CHA 110 CHABOT SPACE & SCIENCE C 5806349 CHANG, CHEN-YA 1103300 RUN DATE 07/14/05 TIME 09:28;47 -----DESCRIPTION------ RENTAL MACHINE A26536 FY 2004-2005 OPEN PURC TREE WORK/JOLLYMAN FY 2004-2005 OPEN PURC FY 2005-2006 OPEN PURC SUPPLIES SERVICE AGREEMENT FOR SERVICE AGREEMENT FOR BINGO DAUBERS PROGRAMMING JUNE 2005 PROGRAMMING JULY 2005 DISPOSAL GLOVE A26763 SSGARNSMNT CSGARNSMNT P.CASH 6/29-7/12 P.CASH 6/29-7/12 P.CASH 6/29-7/12 P.CASH 6/29-7/12 P.CASH 6/29-7/12 P.CASH 6/29-7/12 P.CASH 6/29-7/12 P.CASH 6/29-7/12 P.CASH 6/29-7/12 HP 9050DN LASERJET WIT *FLEX HLTH *FLEX DEP CHA VISIT 7/06 A26539 CLIPPING SERV JUNE05 SALES TAX 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 - FINANCIAL ACCOUNTING PAGE 2 AMOUNT 270.00 228.25 800.00 389.43 344.35 733.78 83.13 1822.50 2150.00 3972.50 40.78 253.34 253.34 506.68 213.32 103.84 306.50 410.34 6.95 2.00 25.00 13 .00 4.87 25.98 11. 615 47.53 19.16 1515.15 4152.78 524.51 14.43 538.94 93 .00 124.00 200.00 lj-3 07/14/05 ACCOUNTING PSRIOD: ~/06 CITY OF CUPERTINO CHECK REGISTER - DISBURSEMENT FUND SELECTION CRITERIA: tran.sact.trans date between ~07/11/200S" and "07/15/2005" FUND - 110 - GENERAL FUND CASH ACCT CHECK NO 1020 1020 1020 1020 TOTAL CHECK 1020 619093 619094 619095 619095 619096 1020 619097 1020 619097 TOTAL CHECK 1020 1020 1020 1020 1020 1020 1020 1020 1020 TOTAL CHECK 619098 619099 619100 619100 619100 619100 619100 619100 619100 1020 61910l 1020 61910l TOTAL CHECK 1020 1020 1020 TOTAL CHECK 1020 1020 1020 TOTAL CHECK 1020 619102 619103 619103 619104 619105 619105 619106 1020 619107 1020 619107 1020 619107 TOTAL CHECK ISSUE DT --------------VENDOR------------- FUND/DEPT 07/15/05 3371 07/15/05 3372 07/15/05 07/15/05 178 178 CIRCUIT 99 INC. CITY CANVAS COLONIAL LIFE & ACCIDENT 110 COLONIAL LIFE & ACCIDENT 110 COURTESY TOW CRITERION PICTURES USA, CRITERION PICTURES USA, CSMFO 1.10B303 S606660 6308840 1106248 1106248 CUPERTINO CHAMBER OF COM 1103300 1104000 CUPERTINO SUPPLY INC CUPERTINO SUPPLY INC CUPERTINO SUPPLY INC CUPERTINO SUPPLY INC CUPERTINO SUPPLY INC CUPERTINO SUPPLY INC CUPERTINO SUPPLY INC 1108501 110B303 110B502 110B506 5B06649 5B06649 5B06649 CUPERTINO UNION SCHL DIS 5B06349 CUPERTINO UNION SCHL DIS 5806349 D. ROSS EQUIPMENT REPAIR 630BB40 DA SILVA ENVIRONMENTAL DA SILVA ENVIRONMENTAL DAPPER TIRE CO DE ANZA SERVICES INC DE ANZA SERVICES INC DE YOUNG MUSEUM 110B005 110B005 6308840 5606620 5606640 5506549 DEPARTMENT OF CONSERVATI 110 DEPARTMENT OF CONSERVATI 110 DEPARTMENT OF CONSERVATI 1100000 RUN DATE 07/14/05 TIME 09:2B:4B 07/15/05 1194 07/15/05 3036 07/15/05 3036 07/15/05 2929 07/15/05 191 07/15/05 07/15/05 07/15/05 07/15/05 07/15/05 07/15/05 07/15/05 194 194 194 194 194 194 194 07/15/05 198 07/15/05 198 07/15/05 3215 07/15/05 07/15/05 3069 3069 07/15/05 201 07/15/05 07/1S/0S 209 209 07/1S/0S M2006 07/15/05 212 07/15/05 212 07/1S/05 212 -----DESCRIPTION------ BREAKER A26781 AWNINGS *COLONIAL/S7013899 COLONIAL/E7013899 FY 2005-2006 OPEN PURC PERF LICENSE A2S80S \I'H ROBOTS MINI AD/FINANCE DIR. SEMI-ANNUAL CONTRACT FY 2004-2005 OPEN PURC FY 2004-2005 OPEN PURC FY 2005-2006 OPEN PURC FY 2005-2006 OPEN PURC SUPPLIES SUPPLIES SUPPLIES BUS/HAPPY HOLLOW-DBAY BUS/GOLFLAND/WATERSLD REPAIRS HAZARDOUS WASTE P.U. HAZ. WASTE PICKUP FY 2005-2006 OPEN PURC JANITORIAL JULY2005 JANITORIAL JULY2005 TICKETS 10/26 TRIP SEISMIC APR-JUNE/05 SEISMIC APR-JUNE/05 SEISMIC APR-JUNE/05 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 .00 .00 0.00 0.00 0.00 0.00 0.00 0.00 .00 0.00 0.00 0.00 .00 .00 0.00 0.00 .00 0.00 0.00 0.00 . FINANCIAL ACCOUNTING PAGE 3 AMOUNT 279.29 1697.30 173 .19 29S.83 469.02 89.00 325.00 100.00 425.00 232.00 7217.00 268.76 61.53 160.21 9.27 .45 93.24 143.01 744.47 339.78 301.95 641.73 914.46 180.00 65.00 245.00 533.82 459.65 459.65 919.30 675.00 3085.88 5662.76 -437.43 8311.21 L(-L{ 07/14/05 ACCOUNTING PERIOD: 1/06 CITY OF CUPERTINO CHECK REGISTER - DISBURSEMENT FUND SELECTION CRITERIA: transact. trans_date between ~07/11/2005" and "07/15/2005" FUND - 110 - GENERAL FUND CASH ACCT CHECK NO 1020 1020 1020 TOTAL CHECK 1020 1020 1020 1020 1020 TOTAL CHECK 1020 1020 1020 1020 1020 1020 1020 TOTAL CHECK 1020 1020 1020 1020 TOTAL CHECK 1020 1020 1020 TOTAL CHECK 1020 1020 1020 1020 1020 TOTAL CHECK 1020 1020 1020 61910B 61910B 619108 619109 619110 619111 619111 619111 619112 619113 619114 619115 619115 619115 619115 619116 619117 619118 619118 619119 619120 619120 619121 619121 619121 619121 619121 619122 619123 619123 ISSUE DT ---~~---------VENDOR------------- FUND/DEPT 07/15/05 07/15/05 07/15/05 1242 1242 1242 07/15/05 220 07/15/05 ME2006 07/15/05 07/15/05 07/15/05 07/15/05 3083 07/15/05 242 07/15/05 243 07/15/05 07/15/05 07/15/05 07/15/05 07/15/05 1949 07/15/05 253 07/15/05 07/15/05 07/15/05 2361 07/15/05 07/15/05 07/15/05 07/15/05 07/15/05 07/15/05 07/15/05 07/15/05 273 07/15/05 281 07/15/05 281 3031 3031 3031 249 249 249 249 260 260 262 262 268 268 268 268 268 DIGITAL PRINT IMPRESSION 110B201 DIGITAL PRINT IMPRESSION 1104310 DIGITAL PRINT IMPRESSION 1107301 DINEVA, PLAMENA DISCOUNT SCHOOL SUPPLY DOGGIE WALK BAGS, DOGGIE WALK BAGS, DOGGIE WALK BAGS, DYNAMIC GRAPHICS, INC. EMPLOYMENT DEVEL DEPT EMPLOYMENT DEVELOPMENT ESBRO CHEMICAL ESBRO CHEMICAL ESBRO CHEMICAL ESBRO CHEMICAL EVENT SERVICES EXCHANGE LINEN SERVICE FEDERAL EXPRESS CORP FEDERAL EXPRESS CORP FIRST BANKCARD FIRST PLACE INC FIRST PLACE IMC 5706450 1106343 INC. INC. INC. 1108315 1108314 1108303 1103600 110 110 5606620 5606620 5606620 5606620 1108503 5606620 1106248 110 5806349 1103300 1103300 FOSTER BROS SECURITY SYS 1108501 FOSTER BROS SECURITY SYS 1108303 FOSTER BROS SECURITY SYS 1108503 FOSTER BROS SECURITY SYS 1108303 FOSTER BROS SECURITY SYS 1108407 FREMONT UNION H.S. DIST. 1106448 GARDENLAND GARDENLAND RUN DATE 07/14/05 TIME 09:28;48 6308840 1108407 -----DESCRIPTION------ B.CARDS/K.WOLFE #10 ENV./ATTRNY ADDRS BC/WORDELL,HONDA,GHSH CHEST X-RAY SUPPLIES A26533 SCENTLESS DOG WASTE SA SCENTLESS DOG WASTE BA SCENTLESS DOG WASTE BA LIQUID LIBRARY JULYOS SIT/932-0014-5 SDI/776-5260-0 FY 2004-2005 OPEN PURC FY 2004-2005 OPEN PURC FY 2004-2005 OPEN PURC FY 2004-2005 OPEN PURC RENTAL FY 2005-2006 OPEN PURC COURIER SERVICE COURIER SERVICE SUPPLEMENT PYMT CREST AWARD 2005 CREST AWARD 2005 LOCK/KEY SUPPLIES LOCK/KEY SUPPLIES LOCK/KEY SUPPLIES KEY/LOCK SUPPLIES KEY/LOCK SUPPLIES RENTAL JUL4TH #54717 PARTS/SUPPLIES PARTS/SUPPLIES 24387 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 .00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 - FINANCIAL ACCOUNTING PAGE 4 AMOUNT 58.71 226.77 188.61 474.09 15.00 268.82 976.52 976.52 976.52 2929.56 79.00 18724.08 1292.62 530.34 555.34 551.B4 487.84 2125.36 162.38 122.65 32.11 12.77 44.88 2140.25 68.42 58.66 127.08 114.51 114.50 114.51 258.18 258.17 859.87 1001.75 8.85 5.82 L(-~ 07/14/05 ACCOUNTING PERIOD: 1/06 CITY OF CUPERTINO CHECK REGISTER - DISBURSEMENT FUND SELECTION CRITERIA: transact. trans~date between "07/11/2005" and "07/15/2005" FUND - 110 - GENERAL FUND CASH ACCT CHBCK NO 1020 619123 TOTAL CHECK 1020 619124 1020 1020 1020 1020 TOTAL CHECK 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 TOTAL CHECK 1020 1020 1020 TOTAL CHECK 1020 1020 1020 TOTAL CHECK 1020 619125 619125 619125 619125 619126 619126 619126 619126 619126 619126 619126 619126 619127 619127 619127 619127 619127 619127 619127 619127 619127 619127 619127 619127 619127 619127 619127 619127 619127 619128 619128 619128 619129 619129 619129 619130 07/15/05 281 ISSUE DT --------------VENDOR------------- FUND/DEPT 6308840 07/15/05 3359 07/15/05 07/15/05 07/15/05 07/is/os 07/15/05 07/15/05 07/15/05 07/15/05 07/15/05 07/15/05 07/15/05 07/15/05 07/15/05 07/15/05 07/15/05 07/15/05 07/15/05 07/15/05 07/15/05 07/15/05 07/15/05 07/15/05 07/15/05 07/15/05 07/15/05 07/15/05 07/15/05 07/15/05 07/15/05 07/15/05 07/15/05 07/15/05 07/15/05 07/15/05 07/15/05 07/15/05 343 292 292 292 292 298 298 298 298 298 298 298 298 334 334 334 334 334 334 334 334 334 334 334 334 334 334 334 334 334 1951 19S1 1951 1898 1898 1898 GARDENLAND GLOBAL INDUSTRIAL 5706450 GOLFLAND USA GOLFLAND USA GOLFLAND USA GOLFLAND USA 5806349 5806349 5806349 5806349 GRAINGER INC GRAINGER INC GRAINGER INC GRAINGER INC GRAINGER INC GRAINGER INC GRAINGER INC GRAINGER INC 5606620 6308840 6308840 6308840 6308840 6308840 1108408 1108408 HOME DEPOT CREDIT SERVIC 5606620 HOME DEPOT CREDIT SERVIC 5606620 HOME DEPOT CREDIT SERVIC 5606620 HOME DEPOT CREDIT SERVIC 1108409 HOME DEPOT CREDIT SERVIC 1108303 HOME DEPOT CREDIT SERVIC 1108407 HOME DEPOT CREDIT SERVIC 1108314 HOME DEPOT CREDIT SERVIC 1108312 HOME DEPOT CREDIT SERVIC 1108312 HOME DEPOT CREDIT SERVIC 1108408 HOME DEPOT CREDIT SERVIC 1108408 HOME DEPOT CREDIT SERVIC 1108303 HOME DEPOT CREDIT SERVIC 1108303 HOME DEPOT CREDIT SERVIC 1108303 HOME DEPOT CREDIT SERVIC 1108408 HOME DEPOT CREDIT SERVIC 1108409 HOME DEPOT CREDIT SERVIC 1108501 HOMESTEAD F.F.C. INC HOMESTEAD F.F.C. INC HOMESTEAD F.P.C. INC 5806349 5806349 5806349 HORIZON HORIZON HORIZON 1108407 1108315 1108315 ICMA RETIREMENT TRUST-45 110 RUN DATE 07/14/05 TIME 09:28:48 PARTS/SUPPLIES -----DESCRIPTION------ 10 FANSW6606679 ADMISSION ADMISSION ADMISSION ADMISSION 6/27 A26529 7/05 A26536 7/06 A26537 7/1 A26505 PARTS/SUPPLIES 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 PARTS/SUPPLIES A26776 PARTS/SUPPLIES A26776 PARTS/SUPPLIES PARTS/SUPPLIES PARTS/SUPPLIES PARTS/SUPPLIES PARTS/SUPPLIES PARTS/SUPPLIES PARTS/SUPPLIES PARTS/SUPPLIES PARTS/SUPPLIES PARTS/SUPPLIES PARTS/SUPPLIES PARTS/SUPPLIES PARTS/SUPPLIES PARTS/SUPPLIES PARTS/SUPPLIES PARTS/SUPPLIES PARTS/SUPPLIES BOWLING 7/6 A26542 BOWLING 7/11 A26538 BOWLING 7/11 A26541 A260S1 A26049 A26048 A26773 15452 27541 27519 A26726 27520 A26761 27542 A26768 A26769 27529 A26772 A26773 15943 FY 2004-2005 OPEN PURC FY 2004-2005 OPEN PURC FY 2004-2005 OPEN PURC *ICMA SALES TAX 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 .00 .00 0.00 0.00 0.00 0.00 0.00 - FINANCIAL ACCOUNTING PAGE 5 AMOUNT 110.72 125.39 1139.71 136.50 149.50 92.75 110.50 489.25 476.86 301. 23 14.99 117.07 18.16 -96 .50 17.48 439.54 1288.83 554.2B 385.79 414.57 213.80 51.04 45.11 38.34 451.34 21.59 541. 47 51.75 309.55 164.40 35.72 243.28 213.80 16.56 3752.41 180.00 96.00 144.00 420.00 312.47 36.81 237.66 588.94 6855.20 4-& 07/14/05 ACCOUNTING PERIOD; 1/06 CITY OF CUPERTINO CHECK REGISTER - DISBURSEMENT FUND SELECTION CRITERIA: transact. trans date between ~07/11/200S" and "o7/1S/200S~ FUND - 110 - GENERAL FUND CASH ACCT CHECK NO 1020 1020 1020 1020 1020 TOTAL CHECK 1020 1020 TOTAL CHECK 1020 1020 1020 TOTAL CHECK 1020 1020 619131 619131 619131 619131 619131 619132 619132 619133 619134 619134 619135 619136 1020 619137 1020 619137 TOTAL CHECK 1.020 1020 1020 1.020 TOTAL CHECK 619138 619138 619138 619138 1020 619139 1020 619139 TOTAL CHECK 1020 619140 1020 619140 TOTAL CHECK 1020 1020 1020 1020 TOTAL CHECK 1020 1020 TOTAL CHECK 619141 619142 619142 619142 619143 619143 ISSUE DT --------------VENDOR------------- FUND/DEPT 07/15/05 07/15/05 07/15/05 07/15/05 07/15/05 07/15/05 07/15/05 07/15/05 1981 07/15/05 07/15/05 07/15/05 2818 2528 2528 2528 2528 2528 995 995 3085 30B5 07/15/05 M2006 07/15/05 369 07/15/05 369 07/15/05 2882 07/15/05 2882 07/15/05 2882 07/15/05 2882 07/15/05 3067 07/15/05 3067 07/15/05 376 07/15/05 376 07/15/05 3349 07/15/05 07/15/05 07/15/05 07/15/05 07/15/05 385 385 3a5 2357 2357 INDOOR BILLBOARD INDOOR BILLBOARD INDOOR BILLBOARD INDOOR BILLBOARD INDOOR BILLBOARD INSERV COMPANY INSERV COMPANY 1108315 1108303 1108314 1108302 1108312 1108504 1108501 INTERSTATE TRAFFIC CONTR 2708404 J J.R. CONSTRUCTION INC J.J.R. CONSTRUCTION INC JAECO JERDES, ALLA 2708403 2709450 5806349 550 KELLY-MOORE PAINT CO IMC 2708404 KELLY-MOORE PAINT CO INC 1108315 ROBERT A. KIM ROBERT A. KIM ROBERT A. KIM ROBERT A. KIM KMVT 15 KMVT 15 KNORR SYSTEMS INC KNORR SYSTEMS INC 1103500 1107302 1107302 1103500 1101031 1101031 5606620 5606620 KRUEGER INTERNATIONAL, I 4209228 LAB SAFETY SUPPLY LAB SAFETY SUPPLY LAB SAFETY SUPPLY LIGHTHOUSE LIGHTHOUSE RUN DATE 07/14/05 TIME 09:28;48 1104400 1104400 1104400 6308840 6308840 -----DESCRIPTION------ FY 2004-2005 OPEN PURC FY 2004-2005 OPEN PURe FY 2004-2005 OPEN PURC FY 2004-2005 OPEN PURe FY 2004-2005 OPEN PURC WATER TRTMNT JULY2005 WATER TRTMNT JULY2005 GLASS BEADS PUBLIC WORKS CONTRACT PUBLIC WORKS CONTRACT SUPPLIES PACE TAICHI REFUND PAINT SUPPLIES 27134 PAINT SUPPLIES A26740 COUNCIL TV COVERAGE PC MEETING COVERAGE PC MEETING COVERAGE PARK/REC MTG 7/07 GOLDEN JUBILEE COSTS ACCESS FEE JUNE2005 ROBOTECH REPAIRS PARTS 9 TABLES EMS VEST AND PULLLOCK EMS VEST AND PULLLOCK SUPPLIES #32038 SUPPLY RETURN SUPER STROBE A26790 SALES TAX 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 0.00 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 .00 - FINANCIAL ACCOUNTING PAGE 6 AMOUNT 134.32 134.33 134.32 134.33 134.33 671.63 253.85 253.84 507.69 2078.40 35124.12 607.50 35731.62 428.00 25.00 20.52 218.23 238.75 120.00 280.00 140.00 80.00 620.00 5700.00 3759.16 9459.16 1132.94 252.82 1385.76 4949.19 222.32 172.00 516.00 910.32 -59.70 180.42 120.72 L{-7 07/14/05 ACCOUNTING PERIOD: 1/06 CHECK REGISTER CITY OF CUPERTINO DISBURSEMENT FUND SELECTION CRITERIA: t.ransact..t.rans_dat.e bet.ween "07/11/2005" and "07/15/2005" FUND - 110 ~ GENERAL FUND 1020 CASH ACCT CHECK NO 619144 1020 1020 TOTAL CHECK 1020 1020 1020 TOTAL CHECK 1020 1020 1020 1020 1020 1020 1020 1020 1020 1020 1020 1020 1020 1020 1020 TOTAL CHECK 1020 1020 1020 1020 1020 1020 1020 619145 619145 619146 619147 619147 619148 619149 619150 619151 619152 619153 619154 619155 619156 619157 619158 619159 619160 619161 619161 619162 619163 619164 619164 619164 619164 619164 07/15/05 M2006 ISSUE DT --------------VENDOR------------· FUND/DEPT 5700000 07/15/05 07/15/05 2514 2514 LIN, LI FEN LOS ALTOS GARBAGE LOS ALTOS GARBAGE 5208003 5208003 LUCKY I & I PORTABLE SER 5208003 M M I POWER EQUIPMENT M M I POWER EQUIPMENT 1108312 1108312 MARTIN & CHAPMAN CO MAACO AUTO PAINTING & BO 6308840 1104300 RICARDO MARTINEZ 5706450 MERRY MART UNIFORMS, INC 1103301 5606620 MINTON'S LUMBER MISDU MUZAK 110 NATIONAL BUSINESS FURNIT 5706450 1103500 NATIONAL DEFERRED COM PEN 110 NATIONAL PEN CORPORATION 1102401 5606620 NEMETZ, SCOTT NEW YORKER FILMS OFFICE DEPOT, INC. RONALD OLDS RONALD OLDS OPERATING ENGINEERS #3 OPT INC ORCHARD SUPPLY HARDWARE ORCHARD SUPPLY HARDWARE ORCHARD SUPPLY HARDWARE ORCHARD SUPPLY HARDWARE ORCHARD SUPPLY HARDWARE RUN DATE 07/14/05 TIME 09:28:48 07/15/05 2912 07/15/05 07/15/05 2476 2476 07/15/05 1463 07/15/05 1455 07/15/05 1378 07/15/05 3112 07/15/05 444 07/15/05 2567 07/15/05 941 07/15/05 474 07/15/05 302 07/15/05 3373 07/15/05 ME2005 07/15/05 2759 07/15/05 494 07/15/05 07/15/05 1190 1190 07/15/05 501 07/15/05 502 07/15/05 1220 07/15/05 1220 07/15/05 1220 07/15/05 1220 07/15/05 1220 1106248 1101500 1103500 1103500 110 6104800 1108507 1108501 1108501 1108512 1108501 -----DESCRIPTION------ OVERCHARGED/MBRSHIP BLKY GOODS APR/JUN 05 BLKY GOODS APR/JUN 05 RENTAL PARTS/SUPPLIES PARTS/SUPPLIES 27531 LABOR AND MATERIALS FO NOMINATION/17138 EQUIPMENT MAINT. EMBROIDERY/JUBILEE GRAPE STAKES A26054 J TRYBUS 385960533 MUSIC SERV JUL-DEC05 9 SILK PLANTS REF#Q002 *NAT'L DEF PE~S/BLOCK LEADER SUPPLIES PERF. LICENSE A25B04 OFFICE SUPPLIES COUNCIL CHAMBER PROJ OLD COUNCIL CHMBR PRJ UNION DUES PRINTER MAINT. 05/06 PARTS/SUPPLIES PARTS/SUPPLIES PARTS/SUPPLIES PARTS/SUPPLIES ON-TIME DISC 6/26 STM SALES TAX 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 - FINANCIAL ACCOUNTING PAGE 7 AMOUNT 46.00 848.00 2830.00 3678.00 92.01 41.03 297.28 338.31 1555.23 27.19 220.31 223.43 227.33 221.50 421. 26 3380.26 16383.57 113 .86 131.04 405.00 322.44 287.50 603.75 891.25 700.58 7855.00 163.99 64.93 63.86 153.05 -5.15 L{-t 07/14/05 CITY OF CUPERTINO PAGE . ACCOUNTING PERIOD: 1/06 CHECK REGISTER - DISBURSEMENT FUND SELECTION CRITERIA: transact. trans_date between "07/11/2005" and "07/:1.5/2005" FUND - 110 - GENERAL FUND CASH ACCT CHECK NO ISSUE DT --------------VENDOR------------- FUND/DEPT -----DESCRIPTION------ SALES TAX AMOUNT 1020 619164 07/15/05 1220 ORCHARD SUPPLY HARDWARE 1108501 PARTS/SUPPLIES o. 00 175 .32 TOTAL CHECK .00 616 .00 1020 619165 07/15/05 '" ORCHARD SUPPLY HARDWARE 1108314 PARTS/SUPPLIES A26672 0 .00 167 .34 1020 619165 07/15/05 '" ORCHARD SUPPLY HARDWARE 1108005 PARTS/SUPPLIES A26749 o. 00 102 .11 1020 619165 07/15/05 '81 ORCHARD SUPPLY HARDWARE 1108005 PARTS/SUPPLIES 27449 o. 00 43 .72 1020 619165 07/15/05 '" ORCHARD SUPPLY HARDWARE 1108402 PARTS/SUPPLIES A26756 o. 00 320.77 1020 619165 07/15/05 '" ORCHARD SUPPLY HARDWARE 1108005 PARTS/SUPPLIES 27450 .00 52.08 TOTAL CHECK .00 686.02 1020 619166 07/15/05 ME2006 ORDWAY, JEFFREY 5806349 BUS MONEY 7/19,26,28 0.00 326.00 1020 619167 07/15/05 '33 P E R S 110 BUYBACK o. 00 1883.87 1020 619167 07/15/05 '33 P B R S 110 SURVIVOR 1959 o. 00 111.60 1020 619167 07/15/05 .33 P B R S 110 EMPLOYEE 0.00 18874. 53 1020 619167 07/15/05 '33 P B R S 110 EMPLOYEE OE3 .00 3324 .34 1020 619167 07/15/05 '33 P B R S 110 BUYBACK .00 54 .34 1020 619167 07/15/05 833 P B R S 110 SPECIAL COMP o. 00 1470 .20 1020 619167 07/15/05 833 P E R S 110 EMPLOYER/OE3 o. 00 3324 .34 TOTAL CHECK 0.00 29043.22 1020 619168 07/15/05 513 PACIFIC GAS & ELECTRIC 1108508 6/07-7/06 .00 73 .52 1020 619168 07/15/05 '13 PACIFIC GAS & ELECTRIC 5606620 5/36-6/24 0 .00 6 .36 1020 619168 07/15/05 513 PACIFIC GAS & ELECTRIC 5606620 5/36-6/24 o. 00 74 .7' 1020 619168 07/15/05 513 PACIFIC GAS & ELECTRIC 1108407 6/01-6/29 o. 00 6 .55 1020 619168 07/15/05 '13 PACIFIC GAS & ELECTRIC 1108602 6/02-6/29 o. 00 30 .3' 1020 619168 07/15/05 '13 PACIFIC GAS & ELECTRIC 1108502 6/02-6/29 COMM HALL o. 00 1948. 62 1020 619168 07/15/05 513 PACIFIC GAS & ELECTRIC 1104400 6/01-6/26 VALLCO 0 .00 125. 01 TOTAL CHECK o. 00 2265. 55 1020 619169 07/15/05 '13 PACIFIC GAS & ELECTRIC 5708510 5/26-6/27 .00 5540. 33 1020 619169 07/15/05 513 PACIFIC GAS & ELECTRIC 1108602 5/26-6/27 0 .00 2341. 64 1020 619169 07/15/05 '13 PACIFIC GAS & ELECTRIC 1108830 5/26-6/27 o. 00 <e. 62 1020 619169 07/15/05 513 PACIFIC GAS & ELECTRIC 5606620 5/26-6/27 0.00 2811 .45 1020 619169 07/15/05 513 PACIFIC GAS & ELECTRIC 1108506 5/26-6/27 0 .00 184 .36 1020 619169 07/15/05 513 PACIFIC GAS & ELECTRIC 5208003 5/26-6/27 0 .00 , .67 1020 619169 07/15/05 513 PACIFIC GAS & ELECTRIC 5606640 5/26-6/27 0 .00 241 .24 1020 619169 07/15/05 513 PACIFIC GAS & ELECTRIC 1108315 5/26-6/27 o. 00 248. 14 1020 619169 07/15/05 513 PACIFIC GAS & ELECTRIC 1108303 5/26-6/27 o. 00 5177 . 24 1020 619169 07/15/05 513 PACIFIC GAS & ELBCTRIC 1108312 5/26-6/27 .00 464. " 1020 619169 07/15/05 513 PACIFIC GAS & ELECTRIC 1108314 5/26-6/27 o. 00 450. 6S 1020 619169 07/15/05 513 PACIFIC GAS & ELECTRIC 1108407 5/26-6/27 o. 00 3635 .21 1020 619169 07/15/05 '13 PACIFIC GAS & ELECTRIC 1108503 5/26-6/27 o. 00 1642 .13 1020 619169 07/15/05 '13 PACIFIC GAS & ELECTRIC 1108504 5/26-6/27 .00 7931. 07 1020 619169 07/15/05 513 PACIFIC GAS & ELECTRIC 1108505 5/26-6/27 o. 00 2722 .20 1020 619169 07/15/05 '13 PACIFIC GAS & ELECTRIC 1108507 5/26-6/27 0.00 1172 .B6 1020 619169 07/15/05 513 PACIFIC GAS & ELECTRIC 1108511 5/26-6/27 0.00 432 .18 1020 619169 07/15/05 '13 PACIFIC GAS & ELECTRIC 1108501 5/26-6/27 0.00 6836. " 1020 619169 07/15/05 '13 PACIFIC GAS & BLECTRIC 1108513 5/26-6/27 0 .00 375 .00 TOTAL CHECK o. 00 42274 .77 RUN DATE 07/14/05 TIME 09:28:48 - FINANCIAL ACCOUNTING L{-1 07/14/05 ACCOUNTING PERIOD: 1/06 CITY OF CUPERTINO CHECK REGISTER - DISBURSEMENT FUND SELECTION CRITERIA: transact. trans_date between "07/1.1./2005" and "07/15/2005" FUND - 110 - GENERAL FUND 1020 CASH ACCT CHECK NO 619170 1020 1020 1020 1020 1020 TOTAL CHECK 1020 1020 1020 1.020 1020 1020 1020 1020 1020 1020 1020 1020 1020 TOTAL CHECK 1020 1020 1020 1020 TOTAL CHECK 1020 1020 1020 1020 1020 1020 1020 1020 1020 1020 TOTAL CHECK 1020 619171 619172 619173 619173 619173 619174 61917.5 619175 619175 619175 619175 619175 619175 619175 619175 619175 619175 619175 619176 619177 619177 619177 61917B 619179 619180 619181 619182 619182 619182 6191B2 619182 619182 619183 07/15/05 515 ISSUE DT --------------VENDOR------------- FUND/DEPT 07/15/05 335B 07/15/05 526 07/15/05 07/15/05 07/15/05 07/15/05 533 07/15/05 07/15/05 07/15/05 07/15/05 07/15/05 07/15/05 07/15/05 07/15/05 07/15/05 07/15/05 07/15/05 07/15/05 07/15/05 561 07/15/05 07/15/05 07/15/05 07/15/05 977 07/15/05 3220 07/15/05 3023 07/15/05 2482 07/15/05 3367 07/15/05 3367 07/15/05 3367 07/15/05 3367 07/15/05 3367 07/15/05 3367 07/15/05 2043 690 690 690 509 50' 50' 50' 50' 50' 50' 50' 50' 50' 50' 50' 3335 3335 3335 PATIO UMBRELLAS. COM PACIFIC WEST SECURITY IN 1108507 5706450 PENINSULA DIGITAL IMAGIN 1108101 PENINSULA FORD PENINSULA FORD PENINSULA FORD 6308840 6308840 6308840 PERS LONG TERM CARE PROG 110 PW SUPERMARKETS INC PW SUPERMARKETS INC PW SUPERMARKETS INC PW SUPERMARKETS INC PW SUPERMARKETS INC PW SUPERMARKETS INC PW SUPERMARKETS INC PW SUPERMARKETS INC PW SUPERMARKETS INC PW SUPERMARKETS INC PW SUPERMARKETS INC PW SUPERMARKETS INC PYRO SPECTACULARS INC 5806349 1106342 5806349 1106342 1106342 1106342 5806349 5B06349 1106342 1106342 1106343 1106342 1106448 QUALITY ASSURANCE TRAVEL 5506549 QUALITY ASSURANCE TRAVEL 5506549 QUALITY ASSURANCE TRAVEL 5506549 R & L LABEL RACE STREET FOODS REALNETWORKS INC ROBERT HALF TECHNOLOGY RSN PROMOTIONALS INC RSN PROMOTIONALS INC RSN PROMOTIOMALS IMC RSN PROMOTIONALS INC RSN PROMOTIONALS INC RSN PROMOTIONALS INC RUDE'S PEST MANAGEMENT RUN DATE 07/14/05 TIME 09:28:48 5506549 5606620 6104800 6104800 570645-0 5706450 5706450 5706450 5706450 5706450 1108504 --~--DESCRIPTION------ SERV 6/15 10 UMBRELLAS BMP SHEETS FY 2004-2005 OPEN PURC FY 2004-2005 OPEN PURC FY 2004-2005 OPEN PURC PERS LTC SUPPLIES 25862 SUPPLIES 25839 SUPPLIES 25846 SUPPLIES 25842 SUPPLIES 25840 SUPPLIES 25864 SUPPLIES 25868 SUPPLIES 25869 SUPPLIES 25870 SUPPLIES 25873 SUPPLIES 22533 SUPPLIES 25866 FIREWORKS #31.925 AUG 1,6,11 TRIPS AUG 6 TRIP AUG 11 TRIP PARKING STICKERS 7267 FY 2005-2006 OPEN PURC 1 YR UPGRADE/SUPPORT K.STAMES W/E 7/01 SUPPLIES #32053 SUPPLIES #32053 SUPPLIES #32053 SUPPLIES #32053 SUPPLIES #32053 SUPPLIES #32053 RODENT BAIT CHANGE 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 .00 0.00 0.00 0.00 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: 9 AMOUNT 245.00 1700.00 71.99 37.61 1230.82 -43.95 1224.48 104.42 22.25 35.08 46.86 48.57 23.03 23.26 46.85 41.34 5.00 21.17 39.49 31.13 384.03 15300.00 450.00 450.00 468.75 1368.75 420.00 315.13 718.35 874.00 384.50 602.00 574.00 1238.75 311.58 1587.50 4698.33 180.00 L(-ID 07/14/05 ACCOUNTING PERIOD, ~/06 CHECK REGISTER CITY OF CUPERTINO DISBURSEMENT FUND SELECTION CRITERIA: transact. trans_date between "07/11/2005" and "07/15/2005" FUND - 110 - GENERAL FUND CASH ACCT CHECK NO 1020 619183 1020 619183 1020 619183 1020 619183 1020 619183 TOTAL CHECK 1020 619184 1020 619184 TOTAL CHECK 1020 1020 1020 1020 1020 1020 1020 1020 TOTAL CHECK 1020 1020 TOTAL CHECK 1020 1020 1020 1020 1020 1020 1020 1020 1020 1020 TOTAL CHECK 619185 619186 619187 619187 619187 619187 619187 619187 61918B 6191B8 619189 619190 619191 619192 619193 619194 619194 619194 619194 619194 1020 619195 1020 619195 TOTAL CHECK 1020 619196 1020 619196 1020 619196 ISSUE DT --------------VENDOR----------·~- FUND/DEPT 07/15/05 2043 07/15/05 2043 07/15/05 2043 07/15/05 2043 07/15/05 2043 07/15/05 610 07/15/05 610 07/15/05 2011 07/15/05 621 07/15/05 07/15/05 07/15/05 07/15/05 07/15/05 07/15/05 625 625 625 625 625 625 07/15/05 07/15/05 3374 3374 07/15/05 628 07/15/05 633 07/15/05 1919 07/15/05 1919 07/15/05 638 07/15/05 1150 07/15/05 1150 07/15/05 1150 07/15/05 1150 07/15/05 1150 07/15/05 2692 07/15/05 2692 07/15/05 2692 07/15/05 2692 07/15/05 2692 RUN DATE 07/14/05 TIME 09:28:48 RUDE'S PEST MANAGEMENT RUDE'S PEST MANAGEMENT RUDE'S PEST MANAGEMENT RUDE'S PEST MANAGEMENT RUDE'S PEST MANAGEMENT S & S WORLDWIDE S & S WORLDWIDE 1108506 1108505 1108503 1108501 1108503 5806349 5806349 THE MERCURY NEWS S.O.S. SURVIVAL PRODUCTS 1104400 5606640 SAN JOSE WATER COMPANY SAN JOSE WATER COMPANY SAN JOSE WATER COMPANY SAN JOSE WATER COMPANY SAN JOSE WATER COMPANY SAN JOSE WATER COMPANY RACHELLE SANDER RACHELLE SANDER 1108407 1108407 1108314 1108407 1108407 1108407 5806349 5806349 SANTA CLARA COUNTY SHERI 5606620 SANTA CLARA COUNTY SHERI 5606620 SANTA CLARA VALLEY TRANS 5506549 SARATOGA TREE SERVICE SANTA CLARA VALLEY TRANS 5500000 1108506 WELLS FARGO FINANCIAL LE 5806249 WELLS FARGO FINANCIAL LE 5806349 WELLS FARGO FINANCIAL LE 1104310 WELLS FARGO FINANCIAL LE 5806449 WELLS FARGO FINANCIAL LE 5706450 SBe SBe SBe SBe SBe 1108501 1108504 5606620 5606640 1108201 -----DESCRIPTION---~-- RODENT BAIT CHANGE RODENT BAIT CHANGE GENERAL PEST CONTROL RODENT BAIT CHANGE RODENT BAIT CHANGE SUPPLIES A26521 CAMP SUPPLIES A26521 MILITARY COTS W/TAX AN ADVERTISING 6/2-23 5/03-6/28 5/03-6/28 5/03-6/28 5/03-6/28 5/03-6/28 5/03-6/28 JR DAYCAMP BUS FARE DAYCAMP BUS FARE FY 2005-2006 OPEN PURC FY 2004-2005 OPEN PURC TRIP AUG.25 BUS TICKETS JUNE2005 SERVICE CALL @ 22241 M COPY PLAN 4/20-7/20/5 COPY PLAN 4/20-7/20/5 COPY PLAN 4/20-7/20/5 COPY PLAN 4/20-7/20/5 COPY PLAN 4/20-7/20/5 6/28-7/27 6/26-7/25 6/28-7/27 6/28-7/27 6/2B-7/27 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 .00 - FINANCIAL ACCOUNTING PAGE 10 AMOUNT 1Bo.00 180.00 175.00 180.00 180.00 1075.00 86.47 335.59 422.06 1240.31 160.00 97.57 51.11 24.37 108.10 129.94 129.94 541.03 226.00 267.00 493.00 1629.20 420.92 157.50 234.00 3120.00 1274.35 1061.96 2017.72 637.18 31B.59 5309.80 65.31 78.06 143.37 167.26 184.03 258.23 L( - ({ 07/14/05 ACCOUNTING PBRIOD, ~/06 CITY OF CUPERTINO SBLBCTION CRITERIA: transact. trans_date between "07/~~/2005" and "07/~S/200S" CHECK REGISTER - DISBURSEMENT FUND FUND - 110 - GENERAL FUND CASH ACCT CHECK NO 1020 1020 1020 1020 1020 TOTAL CHECK 1020 1020 1020 1020 1020 1020 1020 1020 TOTAL CHECK 619196 619196 619196 619196 619196 619197 619198 619199 619200 619200 619200 619200 619200 1020 619201 1020 619201 TOTAL CHECK 1020 619202 1020 619202 TOTAL CHECK 1020 1020 1020 1020 1020 1020 TOTAL CHECK 1020 1020 1020 TOTAL CHEeK 1020 1020 1020 619203 619204 619205 619206 619207 619207 619208 619209 619209 619210 619211 619212 ISSUE DT --------------VENDOR------------- FUND/DEPT 07/15/05 2692 07/15/05 2692 07/15/05 2692 07/15/05 2692 07/15/05 2692 07/15/05 M2006 07/15/05 644 07/15/05 2016 07/15/05 2129 07/15/05 2129 07/15/05 2129 07/15/05 2129 07/15/05 2129 07/15/05 652 07/15/05 652 07/15/05 2810 07/15/05 2810 07/15/05 877 07/15/05 1421 07/15/05 3171 07/15/05 677 07/15/05 951 07/15/05 951 07/15/05 2863 07/15/05 1825 07/15/05 H25 07/15/05 694 07/15/05 695 07/15/05 696 SBe SBe SBe SBe SBe 1108503 1108501 1108507 1108508 1108509 SCAN NATOA INC. 1101031 SCREEN DESIGNS 5806349 SIEMENS BUILDING TECHNOL 1108504 SIERRA ORGANICS COMPANY 1108303 SIERRA ORGANICS COMPANY 1108314 SIERRA ORGANICS COMPANY 1108314 SIERRA ORGANICS COMPANY 1108315 SIERRA ORGANICS COMPANY 1108315 SIERRA SPRINGS WATER CO. 1101500 SIERRA SPRINGS WATER CO. 5806449 SMART & FINAL SMART & FINAL 1106342 5806349 SOUTHERN LUMBER CO 1108512 STANLEY STEEMER 1108504 STAPLES BUSINESS ADVANTA 1108101 STATE STREET BANK & TRUS 110 SUMMERWINDS GARDEN CNTR, 1108303 SUMMERWINDS GARDEN CNTR, 1108303 SUNNYVALE-CUPERTINO 1101500 SUPERIOR FRICTION SUPERIOR FRICTION 6308840 6308840 SYNCHRONEX 4209547 SYseo FOOD SERVICES OF S 5606680 TADCO SUPPLY 1108314 RUN DATE 07/14/05 TIME 09:28:48 -----DESCRIPTION------ 6/28-7/27 6/28-7/27 6/28-7/27 6/28-7/27 6/28-7/27 'SCAN NATOA' DUES CAMPER CUBS T-SHIRTS SUPPLIES CEDAR PLAYGROUND MATER CEDAR PLAYGROUND MATER CEDAR CHIPS #31966 CEDAR CHIPS #31966 CEDAR CHIPS #31966 437467954 DRINK WTR BOTTLED DRINK WTR SUPPLIES A26594 SUPPLIES A26509 SUPPLIES SERVICE CALL 7/11 OFFICE SUPPLIES *PERS DEF LANDSCAPE SPLY 27310 LANDSCAPE SPLY 27309 BAR ASSOC. MCLE FRT CORE CHARGE BRAKE PARTS A26787 YELLOW GELCORE LEDS 12 FY 2005-2006 OPEN PURC GARBAGE BAGS SALES TAX 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 - FINANCIAL ACCOUNTING 4. -[.0 PAGE 11 AMOUNT 59.35 121.16 59.35 65.24 59.35 973.97 25.00 '270.62 298.14 1616.82 775.92 840.91 238.93 1377 .89 4850.47 13.75 54.20 67.95 156.82 194.36 351.18 68.40 150.00 59.U 3623.97 45.47 45.47 90.94 28.00 -173 .20 192 .25 19.05 20803.49 2291.84 228.25 07/14/05 ACCOUNTING PERIOD: 1/06 CITY OF CUPERTINO CHECK REGISTER - DISBURSEMENT FUND SELECTION CRITERIA: transact. trans_date between "07/11/2005" and "07/15/2005" FUND - 110 - GENERAL FUND CASH ACCT CHECK NO ISSUE DT --------------VENDOR------------- FUND/DEPT 1020 619212 07/15/05 696 TADCO SUPPLY 1108312 1020 619212 07/15/05 696 TADCO SUPPLY 1108315 1020 619212 07/15/05 696 TADCO SUPPLY 1108303 1020 619212 07/15/05 696 TADCO SUPPLY 5708510 1020 619212 07/15/05 696 TADCO SUPPLY 1108315 1020 619212 07/15/05 696 TADCO SUPPLY 1108303 1020 619212 07/15/05 696 TADCO SUPPLY 1108312 1020 619212 07/15/05 696 TADCO SUPPLY 1108314 TOTAL CHECK 1020 619213 07/15/05 1013 TAX COLLECTOR 1101500 1020 619214 07/15/05 1993 TREASURER OF ALAMEDA COU 110 1020 619215 07/15/05 1154 UNITED WAY OF SANTA CLAR 110 1020 619216 07/15/05 2584 UNIVERSAL DIALOG, INC. 1103300 1020 619217 07/15/05 738 VALLEY OIL COMPANY 6308840 1020 619218 07/15/05 746 VIKING OFFICE PRODUCTS 1106500 1020 619218 07/15/05 746 VIKING OFFICE PRODUCTS 1106500 1020 619218 07/15/05 746 VIKING OFFICE PRODUCTS 1106500 1020 619218 07/15/05 746 VIKING OFFICE PRODUCTS 1108501 TOTAL CHECK 1020 619219 07/15/05 779 WEST-LITB SUPPLY CO INC 1108504 TOTAL CASH ACCOUNT TOTAL FUND TOTAL REPORT RUN DATE 07/14/05 TIME 09:28:48 -----DESCRIPTION------ GARBAGE BAGS GARBAGE BAGS GARBAGE: BAGS SUPPLIES SUPPLIES #32050 SUPPLIES #32050 SUPPLIES #32050 SUPPLIES #32050 UNSECURED/OS-22289-2 A LOPEZ JR 566398126 UNITED WAY TRANSLATION FY 2004-2005 OPEN PURC OFFICE SUPPLIES OFFICE SUPPLIES OFFICE SUPPLIES OFFICE SUPPLY A26788 LIGHTING SUPPLIES SALES TAX 0.00 O. 00 o. 00 O. 00 0.00 o. 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 - FINANCIAL ACCOUNTING PAGE 12 AMOUNT 228.25 228.25 228.23 173.20 456.49 456.49 456.49 456.49 2912.14 60.40 253.84 67.00 100.00 122.38 32 .46 17 .79 292. 63 94 . SO 437. 3B 157.50 381997.97 381997.97 381997.97 L( -I 3 DRAFT RESOLUTION NO. 05-122 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 JULY 22, 2005 WHEREAS, the Director of Administrative Services or her designated representative has certified to accuracy of the following claims and demands and to the availability of funds for payment hereof; and WHEREAS, the said claims and demands have been audited as required by law. NOW, THEREFORE, BE IT RESOLVED, that the City Council hereby allows the following claims and demands in the amounts and from the funds as hereinafter set forth in Exhibit "A". CERTIFIED: 4:ä~ {), Û:htJJ lJd Director of Administrative Services PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this 16th day of August, 2005, by the following vote: Vote Members of the Citv Council AYES: NOES: ABSENT: ABSTAIN: ATTEST: APPROVED: City Clerk Mayor, City of Cupertino L( -Ilf 07/21/0S ACCOUNTING PERIOD: 1/06 CITY OF CUPERTINO CHECK REGISTER DISBURSEMENT FUND SELECTION CRITERIA: t.ransact..t.rans_dat.e between ~07/18/2005" and "07/22/2005~ FUND - 110 - GENERAL FUND 1020 CASH ACCT CHECK NO 617963 V 1020 1020 1020 1020 1020 TOTAL CHECK 1020 1020 TOTAL CHECK 1020 1020 1020 TOTAL CHECK 1020 1020 1020 1020 1020 1020 1020 1020 1020 1020 1020 1020 1020 1020 1020 1020 619220 619221 619221 619221 619221 619222 619222 619223 619224 619224 619225 619226 619227 619228 619229 619230 619231 619232 619233 619234 619235 619236 619237 619238 619239 619240 ISSUE DT ·-··----------VENDOR------------- FUND/DEPT 05/13/05 2810 07/22/05 M2006 07/22/05 1695 07/22/05 1695 07/22/05 i695 07/22/05 1695 07/22/05 4 07/22/05 4 07/22/05 2259 07/22/05 7 07/22/05 07/22/05 13 07/22/05 29 07/22/05 2276 07/22/05 2319 07/22/05 2849 07/22/05 2945 07/22/05 3127 07/22/05 720 07/22/05 2933 07/22/05 2680 07/22/05 3063 07/22/05 2063 07/22/05 2895 07/22/05 M 07/22/05 133 07/22/05 M2006 SMART & FINAL 1106344 3CMA MEMBERSHIP 1103300 3M 3M 3M 3M 2708405 2708405 2708405 2708405 AT & T AT & T 1108501 1108502 A-I FENCE, INC. 1109315 ABAG PLAN CORPORATION ABAG PLAN CORPORATION 1104540 1104540 ACME & SONS SANITATION C 5606640 LYNNE DIANE AITKEN 5806449 ALHAMBRA 5706450 ALL CITY MANAGEMENT SERV 1108201 AMERICAN LEGAL PUBLISHIN 1104300 NATASHA AUSTIN 5806249 BARTEL ASSOCIATES, LLC 1104000 BATTERY SYSTEMS 6308840 BAY GLASS COMPANY 1108504 BERRYMAN & HENIGAR INC. 1107502 DINA BISTRY 5806449 BRIDGE WIRELESS 1108501 BROWING-FERRIS INDUSTRIE 5208003 BURLING, TRUDY sao CAL-LINE EQUIPMENT CO IN 6308840 CALM 1104300 RUN DATE 07/21/05 TIME 10:11:48 -----DESCRIPTION------ SUPPLIES A25635 MBRSHP APPL. KITSON FLORESCENT YELLOW 24~ FLORESCENT YELLOW 24" FLORESCENT YELLOW 24" FLORESCENT YELLOW 24" JULY 2005 STATEMENT JULY 2005 STATEMENT FENCE REPAIR #31995 LEGAL/SWART LEGAL/LUTZ FY 2005-2006 OPEN PURC SERVICE AGREEMENT FOR BOTTLED WATER JULY05 CROSSING GUARDS JULYS FY 2005-2006 OPEN PURC SERVICE AGREEMENT FOR UPDATE PROJECTIONS FY 2005-2006 OPEN PURC GLASS REPL. P.O.32014 PLAN CHECK 5/14-6/17 SERVICE AGREEMENT FOR SUPPLIBS VOLUME: JUNE: 2005 Refund: Check - CANCEL REPAIRS CALAA MBRSHP RNWL 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 ~ PAGB 1 AMOUNT -275.10 350.00 2508.70 56.02 224.08 1672.46 4461.26 25.12 56.58 81.70 2750.00 433.85 203.44 637.29 182.B3 300.00 55.09 7786.89 104.36 2665.00 925.00 176.29 3812.12 15965.60 300.00 7B .15 117172.46 80.00 180.00 125.00 - FINANCIAL ACCOUNTING L{-{) 07/21/05 ACCOUNTING PERIOD: 1/06 CITY OF CUPBRTINO CHECK REGISTER - DISBURSEMENT FUND SELECTION CRITERIA, transact. trans_date between n07/1B/2005n and "07/22/2005" FUND - 110 - GENERAL FUND CASH ACCT CHECK NO 1020 619241 1020 619241 TOTAL CHECK 1020 1020 1020 1020 TOTAL CHECK 1020 1020 1020 TOTAL CHECK 1020 1020 1020 1020 1020 1020 1020 1020 TOTAL CHECK 1020 1020 1020 1020 1020 TOTAL CHECK 1020 1020 TOTAL CHECK 1020 1020 1020 1020 1020 1020 619242 619242 619242 619242 619243 619243 619243 6:1.9244 619245 6:1.9246 619247 6:1.9247 619247 619247 619247 619248 619249 619250 619251 619251 619252 619252 619253 619254 619255 619255 619255 619255 ISSUE DT --------------VBNDOR------------- FUND/DEPT 07/22/05 124 07/22/05 124 07/22/05 1476 07/22/05 1476 07/22/05 1476 07/22/05 1476 07/22/05 146 07/22/05 146 07/22/05 146 07/22/05 2871 07/22/05 2846 07/22/05 1612 07/22/05 175 07/22/05 175 07/22/05 175 07/22/05 175 07/22/05 175 07/22/05 183 07/22/05 184 07/22/05 3091 07/22/05 1579 07/22/05 1579 07/22/05 192 07/22/05 192 07/22/05 194 07/22/05 198 07/22/05 209 07/22/05 209 07/22/05 209 07/22/05 209 CALIFORNIA SAFETY & CLEA 1108409 CALIFORNIA SAFETY & CLBA 1108409 CANNON DESIGN GROUP CANNON DESIGN GROUP CANNON DESIGN GROUP CANNON DESIGN GROUP CASH CASH CASH JACKSON CHOW CLAP BARRIE D COATE COCA-COLA USA COCA-COLA USA COCA-COLA USA COCA-COLA USA COCA-COLA USA 110 110 110 110 1106344 5806349 5806449 5806249 5806249 110 5606620 5606620 5606620 5606620 5606620 COTTON SHIRES & ASSO INC 110 JAMES COURTNEY 5606620 CSAC EXCESS INSUR AGNCY 6204550 CUPERTINO LOC-N-STOR LLC 1108501 CUPERTINO LOC-N-STOR LLC 1108503 CUPERTINO MEDICAL CENTER 5806449 CUPERTINO MEDICAL CENTER 5806449 CUPERTINO SUPPLY INC CUPERTINO UNION SCHL DIS 1106448 5606640 DE ANZA SERVICES INC DE ANZA SERVICES INC DE ANZA SERVICES INC DE ANZA SERVICES INe RUN DATE 07/21/05 TIME 10:11:48 5606620 5606640 5606620 1108507 -----DESCRIPTION------ DISP.GLOVES A26774 SU¡>PLIES ARCHITECT RVW R29783 ARCHITECT RVW R29670 ARCHTECT RVW R29733 ARCHITECT RVW R29712 P.CASH 6/27-7/14 P.CASH 6/27-7/14 P.CASH 6/27-7/14 SERVICE AGREEMENT FOR SERVICE AGREEMENT FOR ARBORIST RVW R30262 FOUNTAIN MCH SRV JUL5 FOUNTAIN MCH SRV JUL5 FOUNTAIN MCH SRV JUL5 FOUNTAIN MCH SRV JUL5 FOUNTAIN MCH SRV JUL5 GEOLOGIC RVW R28930 PERFORMER P.O.54505 EXCESS WC JUL-JUN06 G-34 12 MONTHS RENTAL 12 MONTHS RENTAL G-33 TB/JACOBSON,DINEVA TB/C.CONTRO FY 2005-2006 OPEN PURC SEDGEWICH SCH A26591 JANITORIAL MAY2005 JANITORIAL MAY2005 SPEC CLEANUP JUNE200S SEAL FLOOR 6/28 SALES TAX 0.00 0.00 0.00 0.00 .00 0.00 .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 - FINANCIAL ACCOUNTING PAGE 2 AMOUNT 108.26 424.04 532.30 977.25 ~611.75 12~7 .25 377.25 4183.50 18.99 125.11 21.02 ~65.12 3088.75 760.00 115.00 21.70 21.70 21.70 21.70 21.70 108.50 1000.00 100.00 48264.00 2640.00 2640.00 5280.00 30.00 15.00 45.00 106.85 204.75 459.65 459.65 4458.13 180.00 <...(-1 (p 07/21/05 ACCOUNTING PBRIOD: 1/06 CITY OF CUPERTINO CHECK RBGISTER - DISBURSEMENT FUND SELECTION CRITERIA: transact. trans_date between "07/18/2005" and ~07/22/2005" FUND - 110 - GENERAL FUND TOTAL CHECK CASH ACCT CHECK NO 1020 1020 1020 1020 1020 1020 1020 1020 1020 1020 1020 TOTAL CHECK 1020 1020 1020 1020 1020 TOTAL CHECK 1020 1020 1020 1020 1020 TOTAL CHECK 1020 1020 TOTAL CHECK 1020 1020 1020 TOTAL CHECK 1020 619256 619257 619258 619259 619260 619261 619262 619263 619264 619264 619264 619265 619266 619266 619266 619266 619267 619268 619268 619268 619268 619269 619269 619270 61S1271 619271 619272 ISSUE DT --------------VENDOR-----~------- FUND/DEPT 07/22/05 210 07/22/05 676 07/22/05 3310 07/22/05 3378 07/22/05 1958 07/22/05 1104 07/22/05 3117 07/22/05 2664 07/22/05 07/22/05 07/22/05 07/22/05 240 07/22/05 07/22/05 07/22/05 07/22/05 07/22/05 253 07/22/05 07/22/05 07/22/05 07/22/05 07/22/05 07/22/05 07/22/05 2843 07/22/05 07/22/05 07/22/05 274 3136 3136 3136 234 23' 234 234 260 260 260 260 3377 3377 273 273 DEEP CLIFF ASSOCIATES L 5806449 DEPARTMENT OF JUSTICE 1104510 DILL, CRAIG 1104510 DIRECT SUPPLY CENTER 5706450 DISPENSING TECHNOLOGY 2708404 DIVBRSIFIED RISK 1104540 DOLPHIN DESIGN INC 1108502 KATHLEEN DUTRA 5806449 E-ZUP, INC. E-ZUP, INC. E-ZUP, INC. 1106343 1106360 1106265 ELIZABETH ANN ELLIS 1107302 ENGINEERING DATA SERVICE 110 ENGINEERING DATA SERVICE 1104300 ENGINEERING DATA SERVICE 110 ENGINEERING DATA SERVICE 1104300 EXCHANGE LINEN SERVICE 5606620 FEDERAL EXPRESS CORP FEDERAL EXPRESS CORP FEDERAL EXPRESS CORP FEDERAL EXPRESS CORP 1106248 1101500 1104400 110 FERMAR BASKETBALL FERMAR BASKETBALL 5806449 5806449 FOLGER GRAPHICS INC. 1107302 FREMONT UNION H.S. DIST. 5806449 FREMONT UNION H.S. DIST. 5806449 FRY'S ELECTRONICS 6104800 RUN DATE 07/21/05 TIME 10:11:49 -----DESCRIPTION------ SERVICE AGREEMENT FOR FINGERPRINTS JUNE05 PRESENTATION/DRV AWR TONER PAINT P.O. 32046 BLOCK PARTY JULY 2005 AQUARIUM MAUlT. JULY5 SERVICE AGREEMENT FOR SHELTER ECLIPSE SIDEWA SHELTER ECLIPSE SIDEWA SHELTER ECLIPSE SIDEWA TRANSCRIBE/PLAN MTG MAILING SERVICES PUBLIC HEARING NOTICE MAILING SERVICES PUBLIC HEARING NOTICE FY 2005-2006 OPEN PURC COURI ER SERV COURIER SERV COURIER SERV COURIER SERV R29960 REFEREES JUNE2005 BASKETBALL REFEREBS POSTCARDS 7/19 FACILITIES USE JUNE05 FACILITIES JUL05 SUPPLIES 15553 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 .00 0.00 0.00 0.00 0.00 0.00 0.00 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 5557.43 16398.00 736.00 300.00 428.85 2702.70 727.00 1350.QO 660.00 994.81 994.80 994.81 2984.42 3180.00 464.13 165.57 489.71 65.49 1184.90 120.92 26.85 13 .27 34.35 12.77 87.24 1564.00 1564.00 3128.00 2443.06 829.60 1678.50 2508.10 91.93 Y-17 07/21/05 CITY OF CUPERTINO PAGE 4 ACCOUNTING PERIOD: 1/06 CHECK REGISTER - DISBURSEMBNT FUND SELECTION CRITERIA: transact. trans_date between "07/18/2005" and "07/22/2005" FUND - HO - GENERAL FUND CASH ACCT CHBCK NO ISSUE DT --------------VENDOR·------------ FUND/DEPT -----DESCRIPTION------ SALES TAX AMOUNT 1020 619273 07/22/05 M2006 FURY-VILCHBZ, PAM 110644B 4TH JULY COSTUME RNTL 0.00 113.67 1020 619274 07/22/05 292 GOLF LAND USA 5B06349 DAYCAMP GOLF A26566 0.00 20B.00 1020 619275 07/22/05 296 KAREN GOTTLEIB 5B06449 SERVICE AGREEMENT FOR 0.00 1680.00 1020 619276 07/22/05 2046 GOVERNMENT FINANCE OFFIC 1104000 SGR GAAFR RVW 05/06 0.00 50.00 1020 619277 07/22/05 298 GRAINGER INe 110B408 PARTS/SUPPLIES 0 .00 94 .37 1020 619277 07/22/05 298 GRAINGER INe 110B314 FY 2005-2006 OPEN PURC 0 .00 6.48 1020 619277 07/22/05 298 GRAINGER INe 2708405 FY 2005-2006 OPEN PURC 0.00 30 .04 1020 619277 07/21/05 298 GRAINGER INe 1108501 FY 2005-2006 OPEN PURe o. 00 61 .86 1020 619277 07/22/05 298 GRAINGER INe 1108314 FY 2005-2006 OPEN PURe 0 .00 .48 1020 619277 07/22/05 298 GRAINGER INe 1108005 PARTS/SUPPLIES o. 00 166.71 1020 619277 07/22/05 298 GRAINGER INe 1108005 PAATS/SUPPLIBS o. 00 41 .03 1020 619277 07/22/05 298 GRAINGER INe 1108005 PARTS/SUPPLIES 0.00 89 .64 1020 619277 07/22/05 298 GRAINGER INe 2708404 PARTS/SUPPLIES 0 .00 333 .20 TOTAL CHECK 0 .00 829 .81 1020 619278 07/22/05 3361 GRANICUS INe 1103300 ONE YR FROM 6/14/2005 0 .00 18827.57 1020 61927B 07/22/05 3361 GRANICUS INe 1104300 ONE YR FROM 6/14/2005 0 .00 2000.00 1020 619278 07/22/05 3361 GRANICUS INe 1104300 ONE YR FROM 6/14/2005 0 .00 136 .93 TOTAL CHECK o. 00 20964 .50 1020 619279 07/22/05 2630 GREGORY B. BRAGG & ASSOC 6204550 BILL REVIEW JUNE05 o. 00 150.12 1020 619279 07/22/05 2630 GREGORY B. BRAGG & ASSOC 6204550 W.COMP CLAIM ADM JL05 o. 00 1653.75 TOTAL CHECK o. 00 1803.87 1020 619280 07/22/05 315 JILL HAFF 5806449 SERVICE AGREEMENT FOR 0.00 462.73 1020 619281 07/22/05 3120 HERTZ EQUIPMENT RENTAL 1106448 LIGHT TOWER o. 00 252 .76 1020 619281 07/22/05 3120 HERTZ EQUIPMENT RENTAL 1106448 LIGHT TOWER 0 .00 H2 .04 1020 619281 07/22/05 3120 HERTZ EQUIPMENT RENTAL 1106448 LIGHT TOWER 0 .00 112. 04 1020 619281 07/22/05 3120 HERTZ EQUIPMENT RENTAL 110644B LIGHT TOWER o. 00 H2 .04 TOTAL CHECK o. 00 5B8. 88 1020 619282 07/22/05 1410 HILLYARD 5606640 FY 2005-2006 OPEN PURC 0.00 1406.40 1020 619283 07/22/05 1951 HOMESTEAD F.F.C. INe 5B06349 BOWLING 7/14 A26540 0.00 150.00 1020 619284 07/22/05 1898 HORIZON 1108407 FY 2005-2006 OPEN PURe o. 00 940.11 1020 619284 07/22/05 1898 HORI ZON 110B315 FY 2005-2006 OPEN PURC o. 00 687.32 TOTAL CHECK 0 .00 1627.43 1020 6192B5 07/22/05 2027 MARSHA HOVEY 1104000 EXPENSES REIMBURSE 0.00 116.06 1020 619286 07/21/05 353 IRON MOUNTAIN 1104300 FY 2005-2006 OPEN PURC 0.00 686.92 1020 619287 07/22/05 354 J CRAWFORD & ASSOCIATES 5806449 SOFTBALL PLAQUES 0.00 659.42 1020 619288 07/22/05 3085 J.J.R. CONSTRUCTION INC 2708403 SIDEWALK REPLACEMENT 0.00 4822.91 RUN DATE 07/21/05 TIME 10:11:49 - FINANCIAL ACCOUNTING 4-(0 07/21/05 CITY OF CUPERTINO PAGE 5 ACCOUNTING PERIOD: 1/06 CHECK REGISTER DISBURSEMENT FUND SELECTION CRITERIA: transact . trans - date between "07/18/2005" and "07/22/2005" FUND - 110 - GENERAL FUND CASH ACCT CHECK NO ISSUE DT ------~-~-----VENDOR-~----------- FUND/DEPT -·---DESCRIPTION------ SALES TAX AMOUNT 1020 619289 07/22/05 2818 JAECO 1108501 SUPPLIES 0.00 65.49 1020 619290 07/22/05 M JENSEN, CYNTHIA SSO REFD: 342038 &: 342039 0.00 375.00 1020 619291 07/22/05 1412 JOBS AVAILABLE INC 1104510 AD/ACCT CLERK 0.00 132.60 1020 619291 07/22/05 1412 JOBS AVAILABLE INC 1104510 AD/HR DIRECTOR 0.00 325.00 TOTAL CHECK 0.00 457.60 1020 619292 07/22/05 2285 KATHRYN KELLY JOESTEN 1106265 SERVICE AGREEMENT FOR 0.00 150.00 1020 619293 07/22/05 1630 KIDZ LOVE SOCCER INC 5806449 SERVICE AGREEMENT FOR 0.00 19154.00 1020 619294 07/22/05 2292 KIER 50 WRIGHT 4279112 STV CREEK CORRIDOR PJ 0.00 11670.50 1020 619295 07/22/05 1972 KIMBALL-MIDWEST 6308840 SUPPLIES A26793 .00 114. 6B 1020 619295 07/22/05 1972 KIMBALL-MIDWEST 6308840 SUPPLIES/EQPMNT 26785 o. 00 370. 03 TOTAL CHECK 0 .00 484. n 1020 619296 07/22/05 372 FEDEX KINKO' S 2708403 SUPPLIES 20175 0.00 16.21 1020 619297 07/22/05 3092 KATHY KLEIN 5806449 SERVICE AGREEMENT FOR 0.00 55.40 1020 619298 07/22/05 376 KNORR SYSTEMS INC 5606620 SUPPLIES 0.00 284.93 1020 619299 07/22/05 3313 KOHLWEISS AUTO PARTS 6308840 FY 2005-2006 OPEN PURe 0.00 57 .n 1020 619299 07/22/05 3313 KOHLWEISS AUTO PARTS 6308840 FY 2005-2006 OPEN PURC o. 00 32 .22 1020 619299 07/22/05 3313 KOHLWEISS AUTO PARTS 6308840 FY 2005-2006 OPEN PURC 0 .00 19 . 96 1020 619299 07/22/05 3313 KOHLWEISS AUTO PARTS 6308840 FY 2005-2006 OPEN PURe o. 00 7. 79 1020 619299 07/22/05 3313 KOHLWEISS AUTO PARTS 6308840 FY 2005-2006 OPEN PURe o. 00 145.16 1020 619299 07/22/05 3313 KOHLWEISS AUTO PARTS 6308840 FY 2005-2006 OPEN PURe o. 00 .95 1020 619299 07/22/05 3313 KOHLWEISS AUTO PARTS 6308840 FY 2005-2006 OPEN PURe o. 00 19 .29 1020 619299 07/22/05 3313 KOHLWEISS AUTO PARTS 6308840 FY 2005-2006 OPEN PURe 0 .00 B7 . 05 1020 619299 07/22/05 3313 KOHLWEISS AUTO PARTS 6308840 FY 2005-2006 OPEN PURe 0 .00 -16. 76 1020 619299 07/22/05 3313 KOHLWEISS AUTO PARTS 6308840 FY 2005-2006 OPEN PURC 0 .00 158 .26 1020 619299 07/22/05 3313 KOHLWEISS AUTO PARTS 6308840 FY 2005-2006 OPEN PURe o. 00 33 .28 1020 619299 07/22/05 3313 KOHLWEISS AUTO PARTS 6308840 FY 2005-2006 OPEN PURC o. 00 138 . " TOTAL CHECK 0.00 688. 75 1020 619300 07/22/05 2300 BARBARA LAUX 5506549 SERVICE AGREEMENT FOR 0.00 600.00 1020 619301 07/22/05 1217 THE LEARNING GAME 5706450 SUPPLIES 25446 0.00 19.42 1020 619302 07/22/05 ME2006 LEE, GLENN 1104530 REPLACEMENT BOOTS 0.00 124.85 1020 619303 07/22/05 2999 LESCO 1108303 FY 2004-2005 OPEN PURC 0 .00 -538. 75 1020 619303 07/22/05 2999 LESCO 1108312 FY 2004-2005 OPEN PURC 0 .00 -538. 75 1020 619303 07/22/05 2999 LESCO 1108312 FY 2004-2005 OPEN PURe o. 00 784 .45 1020 619303 07/22/05 2999 LEseo 1108315 FY 2004-2005 OPEN PURC o. 00 -538 .76 1020 619303 07/22/05 2999 LBSCO 1108314 FY 2004-2005 OPEN PURe 0 .00 -538. 75 1020 619303 07/22/05 2999 LESCO 1108312 FY 2005-2006 OPEN PURe o. 00 504. 45 RUN DATE 07/21/05 TIME 10:11:49 - FINANCIAL AceOUN~ING l{-¡~ 07/21/05 ACCOUNTING PERIOD: 1/06 CITY OF CUPERTINO CHECK REGISTER - DISBURSEMENT FUND SELECTION CRITERIA: transact. trans_date between ~07/18/2005~ and "07/22/2005~ FUND - 110 - GENERAL FUND CASH ACCT CHECK NO 1020 TOTAL CHECK 1020 1020 TOTAL CHECK 1020 1020 1020 1020 1020 1020 1020 1020 1020 1020 1020 1020 1020 1020 1020 1020 1020 1020 1020 1020 1020 1020 1020 1020 1020 1020 1020 1020 1020 TOTAL CHECK 1020 619303 619304 619304 619305 619306 619307 619308 619309 619310 619311. 619312 619313 619314 619315 619316 619316 619316 619316 619316 619316 619316 619316 619316 619316 619316 619316 619316 619316 619316 619316 619316 619316 619317 07/22/05 2999 ISSUE DT -------------~VENDOR------------- FUND/DEPT LESCO 1108312 07/22/05 1396 07/22/05 1396 07/22/05 400 07/22/05 2942 07/22/05 986 07/22/05 2713 07/22/05 1868 07/22/05 1781 07/22/05 1023 07/22/05 473 07/22/05 479 07/22/05 965 07/22/05 499 07/22/05 493 07/22/05 493 07/22/05 493 07/22/05 493 07/22/05 493 07/22/05 493 07/22/05 493 07/22/05 493 07/22/05 493 07/22/05 493 07/22/05 493 07/22/05 493 07/22/05 493 07/22/05 493 07/22/05 493 07/22/05 493 07/22/05 493 07/22/05 493 07/22/05 494 RUN DATE 07/21/05 TIME 10:11:49 LIEBERT CASSIDY WHITMORE 1104000 LIEBERT CASSIDY WHITMORE 1104000 LIFETIME TENNIS INC 5706450 MACKE WATER SYSTEMS, INC 1108501 MATTHEW BENDER & COMPANY 1101500 REBECCA MCCORMICK 5806449 METRO MOBILE COMMUNICATI 1108501 MIRACLE AUTO PAINT 6308840 MASSOUD MODJTEHEDI 1107502 NASER DISTRIBUTORS INC 5606620 NATURES WOOD 5606620 NORTH COAST MEDICAL 1107503 DEBBIE O'NEILL 5606620 OFFICE DEPOT OFFICE DEPOT OFFICE DEPOT OFFICE DEPOT OFFICE DEPOT OFFICE DEPOT OFFICE DEPOT OFFICE DEPOT OFFICE DEPOT OFFICE DEPOT OFFICE DEPOT OFFICE DEPOT OFFICE DEPOT OFFICE DEPOT OFFICE DEPOT OFFICE DEPOT OFFICE DEPOT OFFICE DEPOT 1108101 1104310 5806249 1104100 5806249 1106300 1106344 1101065 1106300 1101065 5806249 1104310 1108201 5706450 1101200 1101201 1104300 1108101 OFFICE DEPOT, INC. 1101500 -----DBSCRIPTION------ FY 2005-2006 OPEN PURC PROF.SERV 6/20 PROF.SERV. 6/1-6/8 TENNIS 6/21-7/17 RENTAL 8/n-9/30 PARALEGALS GUIDE #7 SERVICE AGREEMENT FOR BATTERIES PAINT TRAILER PLAN CHECKS MAY-JUN05 FY 2005-2006 OPEN PURC FY 2005-2006 OPEN PORC SUPPLIES A25012 PERFORMER P.O.54506 REF: 294179012001 OFFICE SUPPLIES OFFICE SUPPLIES OFFICE SUPPLIES OFFICE SUPPLIES OFFICE SUPPLIES OFFICE SUPPLIES OFFICE SUPPLIES OFFICE SUPPLIES OFFICE SUPPLIES OFFICE SUPPLIES OFFICE SUPPLIES OFFICE SUPPLIES OFFICE SUPPLIES OFFICE SUPPLIES OFFICE SUPPLIES OFFICE SUPPLIE OFFICE 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 .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: 6 AMOUNT 2427.15 1561.04 75.00 1750.00 1825.00 115567.62 60.00 158.98 300.00 330.16 508.25 131655.60 595.89 428.67 216.65 300.00 -89.96 168.51 66.65 59.33 15.16 95.18 21.76 32.32 2.00 7.14 92.17 232.59 60.25 58.43 39.85 26.48 60.90 111.45 1060.32 75.76 L( - 20 07/21/05 ACCOUNTING PERIOD, ~/06 CITY OF CUPERTINO CHECK REGISTER - DISBURSEMENT FUND SELECTION CRITERIA: transact. trans date between ~07/1a/2005" and "07/22/2005" FUND - 110 - GENERAL FUND 1020 CASH ACCT CHECK NO 619318 1020 ~020 TOTAL CHECK 1020 1020 1020 1020 1020 1020 1020 1020 1020 1020 1020 TOTAL CHECK 1020 1020 1020 1020 1020 1020 1020 619319 619319 619320 619321 619322 619323 619324 619325 619326 619327 619328 619329 619329 619330 619331 619332 619333 619334 619335 619336 1020 619337 1020 619337 TOTAL CHECK 1020 1020 1020 619338 619339 619340 07/22/05 M ISSUE DT --------------VENDOR~-~--~------- FUND/DEPT sso 07/22/05 07/22/05 526 526 PAN, CHIN-HUEI PENINSULA DIGITAL IMAGIN 2709449 PENINSULA DIGITAL IMAGIN 110 PENINSULA FORD 6308840 07/22/05 690 07/22/05 545 07/22/05 546 07/22/05 3326 07/22/05 2471 07/22/05 2802 07/22/05 3220 07/22/05 2441 07/22/05 1071 07/22/05 07/22/05 590 590 JEFF PISERCHIO 5606640 07/22/05 2482 07/22/05 630 07/22/05 1636 07/22/05633 07/22/05 2397 07/22/05 2397 07/22/05 2397 07/22/05 511 07/22/05 511 07/22/05 1582 07/n/05 M2006 07/22/05 659 PITNEY BOWES INC 1104310 PREFERRED ALLIANCE, INC. 1104510 PREMIER INDUSTRIAL 6308840 QUANTUM DESIGN 1103600 RACE STREET FOODS 5606620 RENEE RAMSEY 5806249 REPUBLIC ELECTRIC 4209545 RICH VOSS TRUCKING INC RICH VOSS TRUCKING INC 1108303 5208003 ROBERT HALF TECHNOLOGY 6104800 SANTA CLARA CO PROBATION 1102100 SANTA CLARA CTY SHERIFF 1104510 SANTA CLARA COUNTY SHERI 5606620 SAVIN CREDIT CORPORATION 1104310 SAVIN CREDIT CORPORATION 1104310 SAVIN CREDIT CORPORATION 1104310 SBC/MCI SBC/MCr 1108501 1108504 SCVURPPp 2308004 SHIEH, WILLIAM 1103300 SKYHAWKS SPORTS ACADEMY 5806449 RUN DATE 07/21/05 TIME 10:11:49 -----DESCRIPTION------ Refund: Check - SUMMER MARY AVE PLANS 1M PROVE PLANS FY 2005-2006 OPEN PURe SERV 7/06-7/19 53597 FY 2005-2006 OPEN PURC NON-RANDOM TESTS SHOP SUPPLIES A26786 WEB HOSTING JULY2005 FY 2005-2006 OPEN PURC SERVICE AGREEMENT FOR TIME/MATERIALS TRUCKING CHARGES COMPOST K.STAMES W/E 7/08 APR,MAY,JUN 2005 FINGERPRINTS APR2005 FY 2004-2005 OPEN PURC H2400B00225 AUG2005 J0131303354 AUG2005 J8332201915 AUG200S #5171195 6/01-6/19 #2522405 6/01-7/15 05/06 ASSESSMENT THANK YOU BANQUET SERVICE AGREEMENT FOR SALES TAX 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 - FINANCIAL ACCOUNTING PAGE 7 AMOUNT 55.00 524.67 153.39 678.06 lB9.42 2035.00 591. 00 104.00 152.82 1500.00 8B3.74 870.00 732.60 159.00 700.00 859.00 1216.00 7842.51 260.00 336.72 126.91 114.66 130.94 B8.08 16.55 104.63 88364.00 1974 .06 20223.00 L{-2l 07/21/05 CITY OF CUPBRTINO PAGE B ACCOUNTING PERIOD: 1/06 CHECK REGISTER DISBURSEMENT FUND SELECTION CRITERIA: transact . trans date between "07/18/2005" and "07/22/2005" FUND - 110 - GENERAL FUND CASH ACCT CHECK NO ISSUE DT --------------VENDOR------------- FUND/DEPT -----DESCRIPTION------ SALES TAX AMOUNT 1020 619341 07/22/05 2810 SMART · FINAL 5806349 SUPPLIES 0 .00 23.27 1020 619341 07/22/05 2810 SMART · FINAL 1106343 CHECK 618335 0 .00 -72.09 1020 619341 07/22/05 2810 SMART · FINAL 1106342 SUPPLIES 25847 0 .00 32 .B3 1020 619341 07/22/05 2810 SMART & FINAL 1106344 SUPPLIES A26590 0 .00 71. 99 1020 619341 07/22/05 2810 SMART & FINAL 1106344 REPLACE LOST CK617963 O. 00 275. "0 1020 619341 07/22/05 2810 SMART · FINAL 5806349 SUPPLIES A26563 0 .00 253 .35 1020 619341 07/22/05 2810 SMART · FINAL 1106344 SUPPLIES A26562 0.00 125. 72 1020 619341 07/22/05 2810 SMART · FINAL 5506549 SUPPLIES 7271 O. 00 49.82 TOTAL CHECK O. 00 759.99 1020 619342 07/22/05 200 LESLIE SOKOL DBA DANCEKI 5806449 SERVICE AGREEMENT FOR 0.00 2970.00 1020 619343 07/22/05 3171 STAPLES BUSINESS ADVANTA 1107301 OFFICE SUPPLIES 0.00 100.00 1020 619344 07/22/05 1011 STATE BOARD OF EQUALIZAT 5BO S . TAX APR-JUN 2005 0.00 61.03 1020 619344 07/22/05 1011 STATE BOARD OF EQUALIZAT HO S . TAX APR-JUN 2005 0.00 9B. "B 1020 619344 07/22/05 1011 STATE BOARD OF EQUALIZAT 630 S . TAX APR-JUN 2005 0 .00 6. 45 1020 619344 07/22/05 1011 STATE BOARD OF EQUALIZAT 110 S . TAX APR-JUN 2005 0 .00 -3309. 00 1020 619344 07/22/05 1011 STATE BOARD OF BQUALIZAT 110 S.TAX APR-JUN 2005 O. 00 2770.57 1020 619344 07/22/05 1011 STATE BOARD OF EQUALIZAT 570 S.TAX APR-JUN 2005 O. 00 175. " 1020 619344 07/22/05 1011 STATE BOARD OF EQUALI ZAT SSO S . TAX APR-JUN 2005 O. 00 34 .65 1020 619344 07/22/05 1011 STATE BOARD OF EQUALI ZAT 110 S . TAX APR-JUN 2005 O. 00 9 .86 1020 619344 07/22/05 1011 STATE BOARD OF EQUALIZAT 270 S . TAX APR-JUN 2005 O. 00 1033 .4B 1020 619344 07/22/05 1011 STATE BOARD OF EQUALIZAT 5700000 S . TAX APR-JUN 2005 O. 00 198. 53 1020 619344 07/22/05 1011 STATE BOARD OF EQUALIZAT 560 S.TAX APR-JUN 2005 O. 00 3186. 73 TOTAL CHECK O. 00 4266. 00 1020 619345 07/22/05 3379 STATE WATER RESOURCES 2709449 FEE/NOI MARY BRIDGE 0.00 545.00 1020 619346 07/22/05 1027 STEVENS CREEK QUARRY CON 1108303 SAND A26784 0.00 297.08 1020 619347 07/21/05 65" CONNIE BANDA STEVENS 5806449 SERVICE AGREEMENT FOR 0.00 749.10 1020 619348 07/22/05 654 CHERYL STODDARD 5806449 SERVICE AGREEMENT FOR 0.00 375.00 1020 619349 07/22/05 1012 STOREFRONT DOOR SERVICE 1108504 TIME/MATERIALS 0.00 2195.25 1020 619350 07/22/05 3045 SUGIMURA · ASSOCIATES 4209225 PUBLIC WORKS CONTRACT O. 00 5069 .20 1020 619350 07/22/05 3045 SUGIMURA & ASSOCIATES 1108101 PUBLIC WORKS CONTRACT O. 00 1540. 3B 1020 619350 07/22/05 3045 SUGIMURA & ASSOCIATES 1108501 PUBLIC WORKS CONTRACT 0 .00 1365 .61 1020 619350 07/22/05 3045 SUGIMURA & ASSOCIATES 4209225 PUBLIC WORKS CONTRACT 0 .00 5278. 09 1020 619350 07/22/05 3045 SUGIMURA · ASSOCIATES 1108501 PUBLIC WORKS CONTRACT O. 00 1421. 6B 1020 619350 07/22/05 3045 SUGIMURA · ASSOCIATES 1108101 PUBLIC WORKS CONTRACT O. 00 1479 .40 TOTAL CHECK O. 00 16154. 56 1020 619351 07/22/05 689 SUMMIT UNIFORMS 1104530 UNIFORM CLOTHING 0.00 138.56 1020 619352 07/22/05 1825 SUPERIOR FRICTION 6308840 BRAKE PARTS A26792 0.00 135.68 1020 619353 07/22/05 695 SYSCO FOOD SERVICES OF S 5606620 FY 2005-2006 OPEN PURC 0.00 3109.58 RUN DATE 07/21/05 TIMB 10:11:49 - FINANCIAL ACCOUNTING l(-2L 07/21/05 ACCOUNTING PERIOD: 1/06 CITY OF CUPERTINO CHECK REGISTER - DISBURSEMENT FUND SELECTION CRITERIA: tra.nsact.trans_date between "07/18/2005" and "07/22/2005" 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 1020 ·1020 1020 1020 TOTAL CHECK 1020 1020 1020 1020 1020 1020 1020 TOTAL CHECK 619354 619355 619356 619357 619358 619358 619358 619358 619358 619358 619358 619358 619358 619358 619358 619358 619358 619358 619358 619358 619358 619358 619359 619360 619361 619362 619363 619364 619364 TOTAL FUND TOTAL CASH ACCOUNT TOTAL REPORT ISSUE DT --------------VENDOR-----------~- FUND/DsPT 07/22/05 708 07/22/05 709 07/22/05 3204 07/21/05 2665 07/22/05 07/22/05 07/22/05 07/21/05 07/22/05 07/22/05 07/22/05 07/22/05 07/22/05 07/22/05 07/22/05 07/22/05 07/22/05 07/22/05 07/22/05 07/22/05 07/21/05 07/22/05 07/22/05 754 07/21/05 1839 07/22/05 761 07/22/05 M2006 07/22/05 2969 07/22/05 07/22/05 310 310 310 310 310 310 310 310 310 310 310 310 310 310 310 310 310 310 799 799 NANCY THOMPSON LOU THURMAN 5806449 5806449 TOLL ARCHITECTURAL GRAPH 4239222 5806249 ERIN TORI VERIZON WIRELESS VERIZON WIRELESS VERIZON WIRELESS VsRIZON WIRELESS VERIZON WIRELESS VERIZON WIRELESS VERIZON WIRELESS VERIZON WIRELESS VERIZON WIRELESS VERIZON WIRELESS VERIZON WIRELESS VERIZON WIRELESS VERIZON WIRELESS VERIZON WIRELESS VERIZON WIRELESS VERIZON WIRELESS VERIZON WIRELESS VERIZON WIRELESS BARBARA WALTON KRIS WANG WEDEMEYER BAKERY WESTERN CITY 1108505 1108102 1101200 1108201 5606620 1107501 1108504 1107503 1108501 5806649 6104800 1104530 1108503 1108005 5208003 1108602 2308004 1104400 5806449 1101000 5606620 WIC: WONDER ICE CREAM 01 5606620 1104510 ZANKsR ROAD LANDFILL ZANKER ROAD LANDFILL RUN DATE 07/21/05 TIME 10:11:49 5208003 5208003 -----DESCRIPTION------ SERVICE AGREEMENT FOR SERVICE AGREEMENT FOR STAINLESS STEEL PLQUE SERVICE AGREEMENT FOR #408456999 JUNE CHRGS #408456999 JUNE CHRGS #408456999 JUNE CHRGS #408456999 JUNE CHRGS #408456999 JUNE CHRGS #408456999 JUNE CHRGS #408456999 JUNE CHRGS #408456999 JUNE CHRGS #408456999 JUNE CHRGS #408456999 JUNE CHRGS #408456999 JUNE CHRGS #408456999 JUNE CHRGS #408456999 JUNE CHRGS #408456999 JUNE CHRGS #408456999 JUNE CHRGS #408456~99 JUNE CHRGS #408456999 JUNE CHRGS #408456999 JUNE CHRGS SERVICE AGREEMENT FOR TOYOKAWA AIRFARE FY 2005-2006 OPEN PURC RECRUIT AD/HR DIR. FY 2005-2006 OPEN PURC YARDWASTB JUNB2005 YARDWASTE JUNE200S 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 9 AMOUNT 371.25 346.88 713 .25 5122.50 84.36 141.16 42.18 496 .98 42.18 42.18 314.74 215.89 442.54 42.18 47.71 168.72 84.36 42.18 42.18 168.72 42.18 42.18 2502.62 672.00 1290.75 222.05 276.00 366.42 200.00 20226.98 20426.98 784868.23 784868.23 784868.23 L(-.:¿3 DRAfT RESOLUTION NO. 05-123 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 JULY 29, 2005 WHEREAS, the Director of Administrative Services or her designated representative has certified to accuracy of the following claims and demands and to the availability of funds for payment hereof; and WHEREAS, the said claims and demands have been audited as required by law. NOW, THEREFORE, BE IT RESOLVED, that the City Council hereby allows the following claims and demands in the amounts and from the funds as hereinafter set forth in Exhibit "A". CERTIFIED: (~()-~. Director of Administrative Services PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this 16th day of August ,2005, by the following vote: Vote Members of the Citv Council AYES: NOES: ABSENT: ABSTAIN : ATTEST: APPROVED: City Clerk Mayor, City of Cupertino l...(-)..l{ 07/28/05 ACCOUNTING PERIOD, 1/06 CITY OF CUPERTINO CHECK REGISTER ~ DISBURSEMENT FUND SELECTION CRITERIA: transact. trans_date between ~07/25/2005" and ~07/29/2005" FUND - 110 - GENERAL FUND 1020 CASH ACCT CHECK NO 619365 1020 1020 1020 1020 1020 1020 1020 1020 1020 1020 1020 1020 1020 1020 TOTAL CHECK 1020 1020 1020 1020 1020 TOTAL CHECK 1020 1020 1020 1020 1020 1020 TOTAL CHECK 1020 1020 1020 1020 TOTAL CHECK 1020 619366 619367 619368 619368 619368 619368 619368 619368 619368 619368 619368 619368 619368 619368 619369 619370 619371 619372 619372 619373 619374 619375 619376 619377 619377 619378 619379 619380 619380 619381 07/29/05 M2006 ISSUE DT --------~~-~~-VENDOR--~---------- FUND/DEPT APWA INT'L CONGRESS & E 1108001 07/29/05 2566 07/29/05 29 07/29/05 1884 07/29/05 1884 07/29/05 1884 07/29/05 1884 07/29/05 1884 07/29/05 1884 07/29/05 1884 07/29/05 1884 07/29/05 1884 07/29/05 1884 07/29/05 1884 07/29/05 1884 07/29/05 2849 07/29/05 1343 07/29/05 3242 07/29/05 720 07/29/05 720 07/29/05 2036 07/29/05 3050 07/29/05 2179 07/29/05 M 07/29/05 130 07/29/05 130 07/29/05 130 07/29/05 M 07/29/05 2232 07/29/05 2232 07/29/05 146 RUN DATE 07/28/05 TIME 08:36:02 TOM AIDALA 2709449 LYNNE DIANE AITKEN 5706450 ALBERT SONS-NORTHERN DIVI 1106342 ALBBRTSONS~NORTHERN DIVI 5806349 ALBERTSONS~NORTHERN DIVI 1106342 ALBERTSONS-NORTHERN DIVI 1106342 ALBERTSONS-NORTHERN DIVI 5806349 ALBERTSONS-NORTHERN DIVI 5806349 ALBBRTSONS~NORTHBRN DIVI 5806349 ALBERTSONS~NORTHERN DIVI 1106342 ALBERTSONS-NORTHERN DrVI 5806349 ALBERTSONS~NORTHERN DIVI 5806349 ALBERTSONS-NORTHERN DIVI 5806349 ALBERTSONS~NORTHERN DIVI 5806349 AMERICAN LEGAL PUBLISHIN 1104300 ROSE-MARIE ANDICHOU 5606620 BALANCE HYDROLOGICS INe 4279112 BATTERY SYSTEMS BATTERY SYSTEMS 6308840 6308840 BAY AREA AIR QUALITY MGM 1108005 VASANTHI BRAT 5506549 BIGGS CARDOSA ASSOCIATES 2709449 Barr, David 550 CALIFORNIA PARK AND RECR 1106100 CALIFORNIA PARK AND RECR 5706450 CALIFORNIA PARK AND REeR 1106200 CALVERT, ZACHARY sso CARIAGA, LOURDES CARIAGA, LOURDES 110 110 CABH 1106448 ---~~DBSCRIPTION-----~ SILVA/2499 DAVIS/2498 SERVICE AGREEMENT FOR SERVICE AGREEMENT FOR SUPPLIES 25876 SUPPLIES 25860 SUPPLIES 25863 SUPPLIES 25845 SUPPLIES 25883 SUPPLIES 25865 SUPPLIES 25837 SUPPLIES 25838 SUPPLIES 25843 SUPPLIES 25885 SUPPLIES 25882 SUPPLIES 25841 FY 2005~2006 OPEN PURC SERVICE AGREEMENT FOR SERVICE 5/15-6/18/05 FY 2005-2006 OPEN PURC FY 2005-2006 OPEN PURC FEES 9/2005-8/2006 SERVICE AGREEMENT FOR MARY BIKE/PRO BRIDGE Refund: Check - Ballro 103163 SMITH 101385 FERRIS MBRSHP RNWL WALTERS Refund: Check - REFUND CSGARNSMNT SSGARNSMNT P.CASH 7/15-7/19 SALES TAX 0.00 0.00 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 - FINANCIAL ACCOUNTING av PAGE 1 AMOUNT 130.00 1600.00 140.00 46.72 16.18 37.02 49.81 37.29 7.98 45.19 25.83 34.23 49.03 29.32 39.05 417.65 380.63 150.00 11349.52 194.69 123.30 317.99 135.68 450.00 51500.00 75.00 415.00 130.00 545.00 130.00 100.00 306.50 103.84 410.34 49.77 ~-2) 07/28/05 CITY OF CUPERTINO PAGE 2 ACCOUNTING PERIOD: 1/06 CHECK REGISTER - DISBURSEMENT FUND SELECTION CRITERIA, transact .trans~date between ~07/25/2005~ aod "07/29/2005" FUND - 1'0 - GENERAL FUND CASH ACCT CHECK NO ISSUE DT ----------+---VENDOR------------- FUND/DEPT -----DESCRIPTION----~- SALES TAX AMOUNT 1020 619381 07/29/05 146 CASH 1106342 P. CASH 7/15-7/19 0.00 18 .00 10io 619381 07/29/05 146 CASH 1106344 P . CASH 7/15-7/19 O. 00 10. 00 1020 619381 07/29/05 14' CASH 5806449 P. CASH 7/15-7/19 O. 00 4. 99 1020 619381 07/29/05 14' CASH 5806349 P. CASH 7/15-7/19 O. 00 53 .41 1020 619381 07/29/05 146 CASH 5806349 P. CASH 7/15-7/19 O. 00 10.00 TOTAL CHECK O. 00 146.17 1020 619382 07/29/05 147 CASH 5506549 P. CASH 5/10-7/25 0.00 7.78 1020 619382 07/29/05 147 CASH 5506549 P. CASH 5/10-7/25 O. 00 110.31 1020 619382 07/29/05 147 CASH 1106500 P. CASH 5/10-7/25 0 .00 160.64 TOTAL CHECK O. 00 278.73 1020 619383 07/29/05 149 CASH 2708403 P. CASH 7/13-7/27 O. 00 38.66 1020 6193B3 07/29/05 149 CASH 1108201 P. CASH 7/13-7/27 O. 00 13 .32 1020 619383 07/29/05 149 CASH 1104400 P. CASH 7/13-7/27 O. 00 27 . 5B 1020 619383 07/29/05 149 CASH 1108830 P. CASH 7/13-7/27 0.00 21- '4 1020 619383 07/29/05 149 CASH 1101200 P . CASH 7/13-7/27 O. 00 25 . 00 1020 619383 07/29/05 149 CASH 2708403 P. CASH 7/13-7/27 O. 00 l' .91 TOTAL CHECK 0.00 138 .1' 1020 619384 07/29/05 1057 CERIDIAN BENEFITS SERVIC 1'0 *FLEX OEP O. 00 14 .43 1020 619384 07/29/05 1057 CERIDIAN BENEFITS SERVIC 1'0 *FLEX HLTH O. 00 524. 51 TOTAL CHECK 0.00 53B .94 1020 619385 07/29/05 1156 CHA 110 CHA 0.00 93.00 1020 619386 07/29/05 M2006 CHENG, FRANCIS 110 DEPOSIT REFUND 0.00 183.20 1020 619387 07/29/05 3356 CITY OF SOUTH SAN FRANCI 6104800 J.SEVERANCE JUNE2005 0.00 8181.25 1020 61938B 07/29/05 174 COCA-COLA 5706450 DRINKS 0.00 755.02 1020 619389 07/29/05 17B COLONIAL LIFE & ACCIDENT 110 *COLONIAL/E7013B99 O. 00 173 .19 1020 619389 07/29/05 17B COLONIAL LIFE & ACCIDENT 110 COLONIAL/E7013899 O. 00 295 .B3 TOTAL CHECK O. 00 469. 02 1020 619390 07/29/05 3100 COM CAST 110B512 7/26-B/25 COMM.HALL 0.00 69.90 1020 619391 07/29/05 1B' JAMES COURTNEY 5606620 SERVICE AGREEMENT FOR 0.00 200.00 1020 619392 07/29/05 3333 CREATIVE PIPE INC 4239222 INSTALLATION OF LOCKS 0.00 3600.00 1020 619393 07/29/05 197 CTC FUNDING LLC 1101500 RENT AUG2005 ATTORNEY 0.00 3390.00 1020 619394 07/29/05 1058 CUPERTINO COMMUNITY SERV 2607404 COMPREHENSIVE ASSIST. O. 00 47B5 .75 1020 619394 07/29/05 1058 CUPERTINO COMMUNITY SERV 1107405 AFFORDABLE PLACEMENT O. 00 16250. 00 1020 619394 07/29/05 1058 CUPERTINO COMMUNITY SERV 2607404 ROTATING SHELTER .00 6250. 00 TOTAL CHECK 0 .00 27285. 75 1020 619395 07/29/05 1306 CUPERTINO SANITARY DISTR 5606620 SEWER SERV 7/1-6/30/5 O. 00 1418 .34 1020 619395 07/29/05 1306 CUPERTINO SANITARY DISTR 5606660 SEWER SERV 7/1-6/30/5 0 .00 2640 .22 RUN DATE 07/28/05 TIME OB:36:02 - FINANCIAL ACCOUNTING l{ - 2~ Q7/2a/os ACCOUNTING PERIOD: ~/06 CITY OF CUÞERTINO CHECK REGISTER - DISBURSEMENT FUND SELECTION CRITERIA: transact. trans_date between "07/25/2005" and "07/29/2005" FUND - 110 - GENERAL FUND CASH ACCT CHECK NO 1020 619395 TOTAL CHECK 1020 1020 1020 TOTAL CHECK 1020 1020 TOTAL CHECK 1020 1020 TOTAL CHECK 1020 1020 1020 1020 1020 1020 1020 1020 1020 1020 1020 1020 1020 TOTAL CHECK 1020 1020 1020 1020 TOTAL CHECK 1020 1020 1020 1020 619396 619396 619396 619397 619397 61939B 619398 619399 619400 619401 619402 619403 619404 619405 619406 619407 619408 619409 619409 619409 619410 619410 619410 619410 619411 619411 619411 619411 07/29/05 1306 ISSUE DT --------------VENDOR----------~__ FUND/DEPT 07/29/05 07/29/05 07/29/05 19. 194 194 07/29/05 07/29/05 2866 2866 07/29/05 07/29/05 209 209 07/29/05 M 07/29/05 M2006 07/29/05 220 07/29/05 228 07/29/05 242 07/29/05 243 07/29/053H7 07/29/05 234 07/29/05 253 07/29/05 2558 07/29/05 07/29/05 07/29/05 2361 2361 2361 07/29/05 07/29/05 07/29/05 07/29/05 2361 2361 2361 2361 07/29/05 07/29/05 07/29/05 07/29/05 2361 2361 2361 2361 RUN DATE 07/28/05 TIME 08:36:02 CUPERTINO SANITARY DISTR 5606640 CUPERTINO SUPPLY INC CUPERTINO SUPPLY INC CUPERTINO SUPPLY INC DIANA R. ELROD DIANA R. ELROD DE ANZA SERVICES INC DE ANZA SERVICES INC DESHPANDE, SHILPA DING, NING DISCOUNT SCHOOL SUPPLY 1108303 5606620 5606640 110740$ 1107405 1108501 1108512 5" 110 5806349 DUBAY'S TIRE SERVICE INC 6308840 110 EMPLOYMENT DEVEL DEPT EMPLOYMENT DEVELOPMENT MARTHA ENGBER ENGINEERING DATA SERVICE 110 EXCHANGE LINEN SERVICE 110 5706450 FEET FIRST ENTERTAINMENT 5806349 5606620 FIRST BANKCARD FIRST BANKcARD FIRST BANKCARD FIRST BANKCARD FIRST BANKCARD FIRST BANKCARD FIRST BANKCARD FIRST BANKCARD FIRST BANKCARD FIRST BANKCARD FIRST BANKCARD 5606640 6104800 1104000 5708510 1108201 1108501 1108512 1108512 5706450 1108501 1108503 -----DESCRIPTION------ SEWER SERV 7/1-6/30/5 FY 2005-2006 OPEN PURC FY 2005-2006 OPEN PURC FY 2005-2006 OPEN PURC COMM DEVELOP CONTRACT COMM DEVELOP CONTRACT SHAMPOO CARP. 4/24-27 ADD SERV APRIL 2005 REFD. DANCEKIDS DEPOSIT REFUND SUMMER CAMP SUPPLIES REPAIRS A26796 SIT/932-0014-5 SOI/776-5260-0 SERVICE AGREEMENT FOR MAILING NOTICE FY 2005-2006 OPEN PURC DJ DANCE 7/22 JULY 2005 STATEMENT JULY 2005 STATEMENT JULY 2005 STATEMENT STATEMENT JULY 2005 STATEMENT JULY 2005 STATEMENT JULY 2005 STATEMENT JULY 2005 STATEMENT JULY 2005 STATEMENT JULY 2005 STATEMENT JULY 2005 STATEMENT JULY 2005 SALES TAX 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 - FINANCIAL ACCOUNTING \.(~21 PAGE '3 AMOUNT 246.12 4304.68 20.16 62.30 129.24 211.70 1155.02 978.66 2133.68 125.00 H6.25 271. 25 70.00 277.90 892.34 264.77 18572.05 1190.80 105.00 76.59 385.19 380.00 66.95 372 .40 23.90 463.25 49.62 1207.20 324.08 17.24 1598.14 198.33 908.38 10.00 69.63 07/28/05 ACCOUNTING PERIOD: 1/06 CITY OF CUPERTINO SELECTION CRITERIA: t.ra.nsa.ct..tra.ns_da.te between "07/25/2005" and "07/29/2005" CHECK REGISTER - DISBURSEMENT FUND FUND - 110 - GENERAL FUND TOTAL CHECK CASH ACCT CHECK NO 1020 1020 1020 1020 TOTAL CHECK 1020 1020 1020 1020 TOTAL CHECK 1020 1020 1020 1020 1020 TOTAL CHECK 1020 1020 1020 TOTAL CHECK 1020 1020 1020 1020 TOTAL CHECK 1020 1020 1020 1020 1020 TOTAL CHECK 1020 1020 1020 1020 619412 619413 619413 619413 619414 619414 619414 619414 619415 619415 619415 619415 619415 619416 619417 619417 619418 619418 619418 619418 619419 619420 619421 619421 619421 619422 619423 619424 619425 ISSUE DT --------------VENDOR------------- FUND/DEPT 07/29/05 2361 07/29/05 07/29/05 07/29/05 07/29/05 07/29/05 07/29/05 07/29/05 07/29/05 07/29/05 07/29/05 07/29/05 07/29/05 07/29/05 268 07/29/05 07/29/05 07/29/05 07/29/05 07/29/05 07/29/05 07/29/05 3132 07/29/05 292 07/29/05 299 07/29/05 298 07/29/05 298 07/29/05 M 07/29/05 329 07/29/05 2947 07/29/05 M 2361 2361 2361 2361 2361 2361 2361 2361 2361 2361 2361 2361 1808 1808 201 201 ''1 201 FIRST BANKCARD 5506549 FIRST BANKCARD FIRST BANKCARD FIRST BANKCARD 1108504 1108503 1108501 FIRST BANKCARD FIRST BANKCARD FIRST BANKCARD FIRST BANKCARD 1108501 1108001 1108201 1108503 FIRST BANKCARD FIRST BANKCARD FIRST BANKCARD FIRST BANKCARD FIRST BANKCARD 1108505 5708510 1108503 1108505 6308840 FOSTER BROS SECURITY SYS 1108504 KIM FREY KIM FREY 5806349 5806349 GARDENLAND GARDENLAND GARDENLAND GARDENLAND 6308840 6308840 1108303 1108312 SOPHIE GIARETTA 5706450 GOLF LAND USA 5806349 GRAINGER INC GRAINGER INC GRAINGER INC 6308840 1108303 1108303 HAMMONDS, STEFANIE 560 HERNING UNDERGROUND SUPP 1108830 HEXAGON TRANSPORTATION C 4279112 HO, ESTHER 560 RUN DATE 07/28/05 TIME 08:36:02 -----DESCRIPTION------ STATEMENT JULY 2005 STATEMENT JULY 2005 STATEMENT JULY 2005 STATEMENT JULY 2005 STATEMENT JULY 2005 STATEMENT JULY 2005 STATEMENT JULY 2005 STATEMENT JULY 2005 STATEMENT JULY 2005 STATEMENT JULY 2005 STATEMENT JULY 2005 STATEMENT JULY 2005 STATEMENT JULY 2005 KEY/LOCK SUPPLIES ALCATRAZ TRIP ALCATRAZ TRIP FY 2005-2006 OPEN PURC FY 2005-2006 OPEN PURC PARTS/SUPPLIES A26798 PARTS/SUPPLIES A26789 SERVICE AGREEMENT FOR ADM GOLF 7/21 A26465 FY 2005-2006 OPEN PURC PARTS/SUPPLIES A26799 PARTS/SUPPLIES A26799 Refund: Check - SUMMER SUPPLIES A26767 SERVICE 3/05-6/24/05 Refund: Check SUMMER 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 - FINANCIAL ACCOUNTING PAGE 4 AMOUNT 1186.34 11521.41 25.85 42.74 323.00 391. 59 35.00 40.45 2249.90 437.79 2763.14 2.70 219.54 14.06 18.61 64.69 319.60 423.79 30.00 37.83 67.83 6.67 302.68 534.38 248.81 1092.54 76.00 227.50 258.12 295.08 20.42 573.62 86.00 361.28 5115.63 66.00 ~-2K 07/28/05 ACCOUNTING PERIOD: 1/06 CITY OF CUPERTINO CHECK REGISTER - DISBURSEMENT FUND SELECTION CRITERIA: transact. trans_date between "07/25/2005" and "07/29/2005" FUND - 110 - GENERAL FUND 1020 CASH ACCT CHECK NO 6B426 1020 1020 1020 1020 TOTAL CHECK 1020 1020 1020 1020 1020 1020 1020 1020 TOTAL CHECK 1020 1020 1020 1020 1020 1020 1020 TOTAL CHECK 1020 1020 1020 1020 1020 TOTAL CHECK 1020 1020 1020 1020 619427 619428 619428 619428 619429 619430 619431 619432 619432 619432 619432 619432 619433 619434 619435 619436 619436 619436 619436 619437 619438 619439 6B439 619439 619440 619441 619442 619443 07/29/05 2612 ISSUE DT --------------VENDOR------------- FUND/DEPT 5506549 07/29/05 1951 07/29/05 07/29/05 07/29/05 07/29/05 M 07/29/05 M 07/29/05 343 07/29/05 07/29/05 07/29/05 07/29/05 07/29/05 07/29/05 M2006 07/29/05 M 07/29/05 M 07/29/05 07/29/05 07/29/05 07/29/05 07/29/05 M2006 07/29/05 M2006 07/29/05 07/29/05 07/29/05 07/29/05 M2006 07/29/05 M 07/29/05 3228 07/29/05 M 1898 1898 1898 2528 2528 2528 2528 Z528 3313 3313 3313 3313 3B6 3B6 3B6 RUN DATE 07/28/05 TIME 08:36:02 RONALD HOGUE HOMESTEAD P.P.C. INC HORIZON HORIZON HORIZON HUANG, AMANDA Harner, Dixie Lee 5806349 1108407 1108314 1108314 5BO ICMA RETIREMENT TRUST-45 110 550 INDOOR BILLBOARD INDOOR BILLBOARD INDOOR BILLBOARD INDOOR BILLBOARD INDOOR BILLBOARD JAIN, VIVEK JAISWAL, NIDHI Jensen, Mary KOHLWEISS AUTO PARTS KOHLWEISS AUTO PARTS KOHLWEISS AUTO PARTS KOHLWEISS AUTO PARTS KOPALLE, JAYA LAM, TERENCE MICHAEL LAMB MICHAEL LAMB MICHAEL LAMB LEE ¡ MAUREEN LEE, SEUNG HEE LYJA LEVAS LEWIS, HANNAH 1108312 1108315 1108314 1108303 110830Z 110 5BO 550 6308840 6308840 6308840 6308840 110 110 110 1106342 5806349 110 5BO 5706450 5SO -----DESCRIPTION------ SERVICE AGREEMENT FOR BOWLING 7/Z5 A26592 PY 2005-2006 OPEN PURC FY 2005-Z006 OPEN PURC FY 2005-2006 OPEN PURC RFD: 341411 & 341412 Refund: Check - Ballro "'"ICMA FY 2005-2006 OPEN PURC FY 2005-2006 OPEN PURe FY 2005-2006 OPEN PURC FY 2005-2006 OPEN PURC FY 2005-Z006 OPEN PURC DEPOSIT REPUND Refund: Check - REQUES Refund: Check - Sausal FY 2005-2006 OPEN PURC FY 2005-2006 OPEN PURC FY 2005-2006 OPEN PURC FY 2005-2006 OPEN PURC DEPOSIT REFUND DEPOSIT REFUND 25% WITHHOLDING TALENT SHOW TALENT SHOW DEPOSIT REFUND Refund: Check - Return SERVICE AGREEMENT FOR Refund: Check - SUMMER 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 .00 0.00 0.00 0.00 0.00 0.00 0.00 - FINANCIAL ACCOUNTING PAGE 5 AMOUNT 225.00 156.00 226.48 864.82 32 .48 1123.78 70.00 85.00 8105.20 110.77 110.77 110.77 110.77 110.77 553.85 255.70 100.00 68.00 63.91 21.09 48.98 -38.70 95.28 170.20 188.30 -41.25 70.00 95.00 lZ3.75 302.57 750.00 385.00 105.00 L{-,2q 07/28/05 ACCOUNTING PERIOD: 1/06 CHECK REGISTER CITY OF CUPERTINO DISBURSEMENT FUND SELECTION CRITERIA: transact. trans_date between "07/25/2005" and "07/29/2005" FUND - 110 - GENERAL FUND CASH ACCT CHECK NO 1020 1020 TOTAL CHECK 1020 1020 1020 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 1020 1020 619444 619444 619445 619446 619447 619448 619449 619450 619451 619452 619453 619454 619455 619456 619457 619458 619459 619459 619459 619459 619459 619459 619459 619460 619461 619462 619462 619462 619462 619462 619462 ISSUE DT --------------VENDOR------------- FUND/DEPT 07/29/05 07/29/05 M2006 M2006 LIN, JASON LIN, JASON 110 110 TAMARA LO LIVE OAK ADULT DAY SERVI 2607404 5706450 LUJACK, HILARY MAGNA-MATIC CORP 580 1108312 MANAGED HEALTH NETWORK I 1104510 1104100 MAZE AND ASSOCIATES MIDPENINSULA CITIZENS MISDU MITCHELL, KATHLEEN NASER DISTRIBUTORS INC 2607401 110 sao NATIONAL DEFERRED CaMPEN 110 5606620 NEWCOMB MECHANICAL INC. 5708510 NEWTON, GARY 580 DEBBIE O'NEILL 5606620 OFFICE DEPOT OFFICE DEPOT OFFICE DEPOT OFFICE DEPOT OFFICE DEPOT OFFICE DEPOT OFFICE DEPOT OPERATING ENGINEERS #3 ORDWAY, JEFFREY PER S PER S PER S PER S PER S PER S RUN DATE 07/28/05 TIME ~8:36:02 07/29/05 3126 07/29/05 3368 07/29/05 M 07/29/05 3360 07/29/05 1599 07/29/05 1968 07/29/05 3125 07/29/05 2567 07/29/05 M 07/29/05 473 07/29/05 302 07/29/05 2562 07/29/05 M 07/29/05 499 07/29/05 07/29/05 07/29/05 07/29/05 07/29/05 07/29/05 07/29/05 493 493 493 493 493 493 493 07/29/05 501 07/29/05 ME2006 07/29/05 833 07/29/05 833 07/29/05 833 07/29/05 833 07/29/05 833 07/29/05 833 1107301 110B201 5806249 1108101 1107301 1107503 1106344 110 5806349 110 110 110 110 110 110 -----DESCRIPTION------ FINAL 10\ RELEASE DEV MAINT REFUND SENIOR DAY SERVICES SERVICE AGREEMENT FOR RFD: 343147 & 343146 MAG-BOOO LAWN MOWER SH EAP AUGUST 2005 6/30/05 AUDIT FAIR HOUSING SERVo J TRYBUS 385960533 Refund: Check - SUMMER FY 2005-2006 OPEN PURC *NAT'L DEF A/C SERVICE CALL Refund: Check - Return SERVICE AGREEMENT FOR REF: 299263801001 OFFICE SUPPLIES OFFICE SUPPLIES OFFICE SUPPLIES 'OFFICE SUPPLIES OFFICE SUPPLIES OFFICE SUPPLIES UNION DUES BUS FARE JULY 2005 PERS EMPLY * PERS BYBK PERS 1959 *PERS BYBK PERS SPEC PERS ADJ 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 .00 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 6 AMOUNT 1362. SO 500.00 1862.50 2550.00 152.00 325.00 1411.62 944.62 945.00 1413.00 221. 50 42.00 332.30 16661. 91 332.50 300.00 200.00 -18.12 153.72 37.76 34.93 189.03 131.49 23.91 552.72 700.58 62.00 26967.13 54.34 111.60 1883.87 277.37 208.48 ~-]O 07/28/05 ACCOUNTING PERIOD: 1/06 CITY OF CUPERTINO CHECK REGISTER DISBURSEMENT FUND SELECTION CRITERIA: transact. trans_date between "07/25/2005" and "07/29/2005" FUND - 110 - GENERAL FUND TOTAL CHECK CASH ACCT CHECK NO 1020 1020 1020 1020 1020 1020 1020 1020 1020 1020 1020 1020 TOTAL CHECK 1020 1020 1020 1020 1020 1020 1020 1020 1020 1020 1020 1020 TOTAL CHECK 1020 1020 619463 619464 619465 619466 619467 619468 619469 619470 619471 619472 619472 619472 619473 619474 619475 619476 619477 619478 619479 619480 619481 619482 619483 619483 619484 619484 ISSUE DT --------------VENDOR------------- FUND/DEPT 07/29/05 M 07/29/05 3308 07/29/05 526 07/29/05 M2006 07/29/05 533 07/29/05 3149 07/29/05 M 07/29/05 M2006 07/29/05 M2006 07/29/05 07/29/05 07/29/05 3335 3335 3335 07/29/05 3220 07/29/05 1200 07/29/05 2482 07/29/05 M2006 07/29/05 2833 07/29/05 M 07/29/05 2011 07/29/05 3208 07/29/05 979 07/29/05 626 07/29/05 07/29/05 633 633 07/29/05 2692 07/29/05 2692 RUN DATE 07/28/05 TIME 08:36:02 PANNEL, CHARLOTTE 5eo PAPE MACHINERY ACCT. 443 6308840 PENINSULA DIGITAL IMAGIN 2709449 PERNG, DAVID 110 PERS LONG TERM CARE PROG 110 MELISSA PITTILLO 5706450 POLIVKA, RICHARD 5eo POON, YUET 110 PRICE BROS. CONSTRUCTION 110 QUALITY ASSURANCE TRAVEL 5506549 QUALITY ASSURANCE TRAVEL 5506549 QUALITY ASSURANCE TRAVEL 5506549 RACE STREET FOODS 5606620 REST ROOM WORLD 1108504 ROBERT HALF TECHNOLOGY 6104800 ROHRS, MICHAEL 110 THEA RUNYAN 5706450 Ramsauer, Alice 550 S.O.S. SURVIVAL PRODUCTS 1104400 SAN FRANCISCO ZOO 5806349 CITY OF SAN JOSE 1104530 SANTA CLARA CO DEPT OF R 1102100 SANTA CLARA COUNTY SHERI 1106448 SANTA CLARA COUNTY SHERI 1106448 SBe SBe 5708510 1108501 -----DESCRIPTION------ Refund: Check - SUMMER PARTS/LABOR PLANS/MARY AVE DEPOSIT REFUND PERS LTC/2405 SERVICE AGREEMENT FOR Refund: Check - SUMMER DEPOSIT REFUND ENCROACH BOND RELEASE TRIP 8/20 8/19 TRIP TRIP 8/28 FY 2005-2006 OPEN PURC DISPENSERS K.STAMES W/E 7/15 DEPOSIT REFUND SERVICE AGREEMENT FOR Refund: Check - Ballro SUPPLIES A25853 ADMISSION 7/13 A26512 CAL-ID CONTRIB 05/06 CITATIONS MAY 2005 SHERIFF SERVICE ON JUL SHERIFF SERVICE ON JUL 7/07-8/06 7/07-8/06 SALES TAX 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 0.00 0.00 0.00 0.00 0.00 0.00 0.00 - FINANCIAL ACCOUNTING PAGE 7 AMOUNT 29502.79 56.00 668.75 15a.05 190.40 104.42 640.00 750.00 185.80 4000.00 450.00 450.00 540.00 1440.00 718.36 319.59 1520.00 225.20 520.00 75.00 282.32 234.50 45393.00 2505.00 2715.36 5566.68 8282.04 55.54 55.54 l{ - 3( 07/2./0S ACCOUNTING PERIOD, 1/06 CHECK REGISTER CITY OF CUPERTINO DISBURSEMENT FUND SELECTION CRITERIA: transact. trans_date between "07/25/2005" and "07/29/2005" FUND - 110 ~ GENBRAL FUND CASH ACCT CHECK NO 1020 619484 1020 619484 TOTAL CHECK 1020 1020 1020 TOTAL CHECK 1020 1020 1020 1020 1020 1020 1020 1020 TOTAL CHECK 1020 1020 1020 1020 1020 TOTAL CHECK 1020 1020 1020 1020 1020 1020 1020 1020 1020 1020 619485 619485 619485 619486 619487 619488 619489 619490 619491 619491 619491 619492 619493 619493 619493 619493 619494 619495 6194% 619497 619498 619499 619500 619501 619502 619503 ISSUE DT --------------VENDOR------------- FUND!DEPT 07/29/05 2692 07/29/05 2692 07/29/05 07/29/05 07/29/05 511 511 511 07/2;:1/05 644 07/29/05 1449 07/29/0519H 07/29/05 M 07/29/05 653 07/29/05 07/29/05 07/29/05 2810 2810 2810 07/29/05 M 07/29/05 07/29/05 07/29/05 07/29/05 3311 3311 3311 3311 07/29/05 2549 07/29/05 677 07/29/05 951 07/29/05 529 07/29/05 2863 07/29/05 1590 07/29/05 695 07/29/05 M 07/29/05 M 07/29/05 2008 RUN DATE 07/28/05 TIME 08:36:02 SBe SBe SBC/MCI SBC/MCr SBC/MCI SCREEN DESIGNS 1108501 1108501 1108503 1108502 1108507 5806449 SENIOR ADULTS LEGAL ASSI 2607404 2709449 CAROL SHE PHERD SHERLEKAR, SUMEDHA SIGN CITY SMART & FINAL SMART & FINAL SMART & FINAL SREEHARI, SUKANYA LEE STANFORD LEE STANFORD LEE STANFORD LEE STANFORD STATE OF CALIFORNIA 580 1104400 5806349 5806349 1106344 5" 5506549 5506549 5506549 5506549 STATE STREET BANK & TRUS 110 110 SUMMER WINDS GARDEN CNTR, 1108303 SUNNYVALE-CUPERTINO SUNGARD PENTAMATION, INC 6104800 1101500 SUPPORT NETWORK FOR BATT 2607404 Swanson, Jacqueline SYSCO FOOD SERVICES OF S 5606620 550 TAKEYA, CHIHIRO TECH MUSEUM OF INNOVATIO 5806349 5" -----DESCRIPTION------ 7/07-8/06 7/07-8/06 #9969248 #2524620 #5170211 6/01-7/27 6/01-7/27 6/01-7/27 SOFTBALL SHIRTS LEGAL ASSIST. ELDERS FOOD BRIDGE MEETING Refund: Check - SUMMER SUPPLIES SUPPLIES SUPPLIES 25875 SUPPLIES A25638 RFD. TENNIS FEE FOR GUIDE GRATUITIES AUGUSST RICHMOND ERMET ASIAN ART MUSEUM #569-37-8357 M.LAMB *PERS DEF LANDSCAPE SPLY A26795 DATALINE CHRGS JUNE05 MCLE BAR ASSOC MTG DOMESTIC VIOLENCE SVR FY 2005-2006 OPEN PURC RFD: 76990 & 76996 Refund: Check - SUMMER ADMISSION 7/20 A25767 SALES TAX 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 - FINANCIAL ACCOUNTING PAGE 8 AMOUNT 55.54 55.54 222.16 14.91 106.69 14.83 136.43 1350.96 2886.15 106.27 152.00 221.09 24.83 38.34 86.52 149.69 48.00 250.00 265.00 150.00 420.00 1085.00 41.25 3623.97 207.84 66.54 28.00 1412.50 3228.72 143.00 72.00 432.00 l{-J2- 07/2&/05 ACCOUNTING PERIOD: 1/06 CITY OF CUÞRRTINO SELECTION CRITERIA: transact. tra.ns date between "07/25/2005" and "07/29/2005" CHECK REGISTER - DISBURSEMENT FUND FUND - 110 - GENERAL FUND CASH ACCT CHECK NO 1020 619503 TOTAL CHECK 1020 1020 1020 1020 1020 1020 1010 1020 1020 1020 1020 1020 1020 1020 1020 1020 1020 1020 1020 1020 TOTAL CHECK 1020 1020 1020 1020 TOTAL CHECK 1020 1020 1020 1020 1020 1020 TOTAL CHECK 1020 1020 619504 619505 619506 619506 619506 619506 619506 619506 619506 619506 619506 619506 619506 619506 619506 619506 619506 619506 619506 619506 619507 619508 619509 619509 619510 619511 619512 619513 619514 619514 619515 619516 07/29/05 2008 ISSUE DT --------------VENDOR------------- FUND!DEPT TECH MUSEUM OF INNOVATIO 5806349 07/29/05 M 07/29/05 3241 07/29/05 07/29/05 07/29/05 07/29/05 07/29/05 07/29/05 07/29/05 07/29/05 07/29/05 07/29/05 07/29/05 07/29/05 07/29/05 07/29/05 07/29/05 07/29/05 07/29/05 07/29/05 07/29/05 1993 07/29/05 n54 07/29/05 07/29/05 07/29/05 745 07/29/05 M 07/29/05 761 07/29/05 2969 07/29/05 2498 07/29/05 2498 07/29/05 M 07/29/05 3225 3376 3376 3376 3376 3376 3376 3376 3376 3376 3376 3376 3376 3376 3376 3376 3376 3376 3376 738 738 RUN DATE 07/28/05 TIME 08:36:02 THAM, VIVIAN 580 THOMAS REID ASSOCIATES 2809213 TOTAL QUALITY MAINTENANC 1108303 TOTAL QUALITY MAINTENANC 1108315 TOTAL QUALITY MAINTENANC 1108314 TOTAL QUALITY MAINTENANC 1108504 TOTAL QUALITY MAINTENANC 1108503 TOTAL QUALITY MAINTENANC 5708510 TOTAL QUALITY MAINTENANC 1108509 TOTAL QUALITY MAINTENANC 1108505 TOTAL QUALITY MAINTENANC 1108513 TOTAL QUALITY MAINTENANC 1108512 TOTAL QUALITY MAINTENANC 1108502 TOTAL QUALITY MAINTENANC 1108407 TOTAL QUALITY MAINTENANC 1108501 TOTAL QUALITY MAINTENANC 1108511 TOTAL QUALITY MAINTENANC 1108506 TOTAL QUALITY MAINTENANC 1108507 TOTAL QUALITY MAINTENANC 1108302 TOTAL QUALITY MAINTENANC 1108508 TREASURER OF ALAMEDA COU no UNITED WAY OF SANTA CLAR 110 VALLEY OIL COMPANY VALLEY OIL COMPANY 6308840 6308840 VMI INC 1103500 WATANABE, SATOSHI saD WEDEMEYER BAKERY 5606620 WIC: WONDER ICE CREAM 01 5606620 KI ERSA WITT KIERSA WITT n01070 1107200 Woodbeck, Janie 550 ANITA YEE 5706450 -----DESCRIPTION------ ADMISSION 7/19 A26499 REFD. DANCEKIDS SERVICE 2/14-4/24/05 JANITORIAL JULY2005 JANITORIAL JULY2005 JANITORIAL JULY2005 JANITORIAL JULY2005 JANITORIAL JULY2005 JANITORIAL JULY2005 JANITORIAL JULY2005 JANITORIAL JULY2005 JANITORIAL JULY2005 JANITORIAL JULY2005 JANITORIAL JULY2005 JANITORIAL JULY2ü05 JANITORIAL JULY2005 JANITORIAL JULY2005 JANITORIAL JULY2005 JANITORIAL JULY200S JANITORIAL JULY200S JANITORIAL JULY200S A LOPEZ JR 566398126 UNITED WAY FY 2005-2006 OPEN PURC FY 2005-2006 OPEN PURC SUPPLIES 16498 Refund: Check - SUMMER FY 2005-2006 OPEN PURC FY 2005-2006 OPEN PURC DINER/PLAN COMM. PARKING 7/13 7/26 Refund: Check - Ballro SERVICE AGREEMENT FOR SALES TAX 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 .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 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 - FINANCIAL ACCOUNTING PAGE 9 AMOUNT 312.00 744.00 84.00 6347.18 805.20 402.60 2415.60 3470.00 1020.00 2413 .84 335.00 2165.00 329.16 1151.00 4755.00 1515.00 2008.00 325.00 260.00 1134.00 402.60 335.00 25242.00 253.84 67.00 57.29 7622.73 7680.02 265.42 160.00 144.00 302.22 111.83 5.00 116.83 75.00 280.00 L{-'33 07/28/05 ACCOUNTING PERIOD: 1/06 CITY OF CUPERTINO CHECK REGISTER - DISBURSEMENT FUND SELECTION CRITERIA: t.ransact.trans_dat.e between "07/25/2005" and "07/29/2005" FUND - 110 - GENERAL FUND CASH ACCT CHECK NO ISSUE DT --------------VENDOR---------____ FUND/DEPT 1020 619517 07/29/05 799 ZANKER ROAD LANDFILL 5208003 TOTAL CASH ACCOUNT TOTAL FUND TOTAL REPORT RUN DATE 07/28/05 TIME 08:36:02 -----DESCRIPTION------ COMPOST DLVRY JUNE05 SALES TAX 0.00 0.00 0.00 0.00 - FINANCIAL ACCOUNTING Y-JLf PAGE 10 AMOUNT 200.00 365416.69 365416.69 365416.69 DRAfT RESOLUTION NO. 05-124 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 AUGUST 05, 2005 WHEREAS, the Director of Administrative Services or her designated representative has certified to accuracy of the following claims and demands and to the availability of funds for payment hereof; and WHEREAS, the said claims and demands have been audited as required by law. NOW, THEREFORE, BE IT RESOLVED, that the City Council hereby allows the following claims and demands in the amounts and from the funds as hereinafter set forth in Exhibit "A". CERTIFIED: ~~ a ~eIl Director of Administrative Services PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this 16th day of August, 2005, by the following vote: Vote Members of the City Council AYES: NOES: ABSENT: ABSTAIN: ATTEST: APPROVED: City Clerk Mayor, City of Cupertino Cf. - ]( 08/04/05 ACCOUNTING PERIOD: 2/06 CITY OF CUPERTINO CHECK REGISTER - DISBURSEMENT FUND SELECTION CRITERIA: transact. trans_date between "oa/Ol/2005" and "oa/OS/2005" FUND - 110 - GENERAL FUND 1020 CASH ACCT CHECK NO 619518 1020 1020 1020 1020 1020 TOTAL CHECK 1020 1020 1020 TOTAL CHECK 1020 1020 1020 1020 1020 1020 1020 1020 1020 1020 1020 1020 1020 TOTAL CHECK 1020 1020 1020 TOTAL CHECK 1020 1020 1020 619519 619520 619520 619520 619520 619521 619522 619522 619523 619524 619525 619526 619527 619528 619529 619530 619531 619532 619533 619533 619533 619534 619535 619535 619536 619537 619537 08/03/05 2224 ISSUE DT --------------VENDOR------------- FUND/DEPT OS/05/05 3292 OS/05/05 7 Oa/05/05 7 OS/05/05 7 Oa/05/05 7 OS/05/05 M2006 OS/05/05 Oa/05/05 3375 3375 OB/05/05 M2006 OB/05/05 M2006 os/05/05 2333 OS/05/05 3002 oa/05/05 2699 08/05/05 2179 OS/05/05 3314 08/05/05 133 OS/05/05 127 08/05/05 2953 OB/05/05 DB 105/05 08/05/05 146 14' '4' OB/05/05 152 08/05/05 08/05/05 1820 1820 08/05/05 2871 08/05/05 M2006 08/05/05 M2006 RUN DATE OS/04/05 TIME 09:58:38 A.A.R.P. SANTA CLARA CNTY CLERK/R 110 5506549 ABAG PLAN CORPORATION ABAG PLAN CORPORATION ABAG PLAN CORPORATION ABAG PLAN CORPORATION ABCO CONSTRUCTION ACTIVE NETWORK, ACTIVE NETWORK, LTD LTD 1104540 1104540 1104540 1104540 1107504 6104800 6104800 ALLIANCE FOR COMMUNIITY 1103500 ALVERNAZ CONSTRUCTION ALLIANCE FOR COMMUNITY M 1103500 5208003 AMERICAN SOCIETY ON AGIN 1106500 BAG BOY CO. 5606640 BIGGS CARDOSA ASSOCIATES 2709449 6308840 BRUCE'S TIRE INC CAL-LINE EQUIPMENT CO IN 6308840 1103500 THE CALIFORNIA CHANNEL ERIN CALLAGHAN CASH CASH CASH 5806249 1106342 5806349 5806349 CEB:CONTINUING EDUCATION 1101500 CERIDIAN BENEFITS SERVIC 110 CERIDIAN BENEFITS SERVIC 1104510 JACKSON CHOW CHUI, KWONG-TAl< CHUI, KWONG-TAK 5806249 110 110 -----DESCRIPTION------ NEG.DECLARATION FEE 55-ALIVE 8/10-11 GEN. LIABILITY COVERAG PUBLIC OFFICIAL BOND ADMINISTRATIVE PREM. PROPERTY PREMIUM DEMOLITION ABATEMENT S.TAX INV M11836 S. TAX INV M11837 STATE/CITY ADDRESS LUNAR N.YEAR PARADE R & R TENNIS COURT BLE AUTUMN/REGISTER/GOSS SUPPLIES PUBLIC WORKS CONTRACT FY 2005-2006 OPEN PURC REPAIRS A27006 PROGRAMMING AUGUST05 SERVICE AGREEMENT FOR P.CASH P.CASH P.CA.SH 7/19-8/01 7/19-B/01 7/19~S/01 SMARTLASER 6/05 UPDAT FSA MED/DEP ADM JULOS FSA MED/DEP ADM JUL05 SERVICE AGREEMENT FOR DEPOSIT REFUND R28700 DEPOSIT REFUND R29261 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 .00 0.00 - FINANCIAL ACCOUNTING ~ PAGE 1 AMOUNT 50.00 300.00 103856.00 737.00 59780.00 38325.00 202698.00 17425.00 443.44 1060.62 1504.06 40.00 40.00 12500.00 460.00 51.05 24500.00 341.62 95.74 253.34 530.00 26.09 45.00 141.17 212.26 212.54 36.00 14.00 50.00 8621.25 493.84 332.00 L/. - 310 08/04/05 ACCOUNTING PERIOD: 2/06 CITY OF CUPERTINO CHECK REGISTER - DISBURSEMENT FUND SELECTION CRITERIA: transact. trans_date between "Oe/01/2005" and "08/05/2005" FUND - 110 - GENERAL FUND TOTAL CHECK CASH ACCT CHECK NO 1020 1020 1020 1020 TOTAL CHECK 1020 1020 1020 1020 TOTAL CHECK 1020 1020 1020 1020 1020 1020 1020 1020 1020 1020 1020 1020 1020 1020 TOTAL CHECK 1020 1020 1020 TOTAL CHECK 1020 1020 1020 1020 1020 1020 61953S 619539 619540 619540 619541 619542 619543 619543 619544 619545 619545 619545 619545 619545 619545 619545 619545 619545 619545 619545 619545 619545 619546 619546 619546 619547 619548 619549 619550 619551 619552 ISSUE DT --------------VENDOR------------- FUND/DEPT OS/05/05 2846 OS/05/05 166 08/05/05 1612 08/05/05 1612 08/05/05 3100 08/05/05 2857 OS/05/05 183 08/05/05 IB3 OS/05/05 M2006 OB/05/05 08/05/05 as/as/as 08/05/05 08/05/05 08/05/05 08/05/05 08/05/05 OS/05/05 08/05/05 08/05/05 as/as/os as/as/os as/as/os 194 as/as/os 194 OS/05/05 194 08/05/05 198 08/05/05 1242 08/05/05 1958 08/05/05 223 as/as/os 3093 08/05/05 228 1306 1306 1306 1306 1306 1306 1306 1306 1306 1306 1306 1306 1306 CLAP 5806249 KIMBERLY MARIE CLARK BUC 5806449 BARRIE D COATE BARRIE D COATE 110 110 COMCAST 5708510 CONCUR INC 2159620 COTTON SHIRES & ASSO INC 1100000 COTTON SHIRES & ASSO INC 110 CUI, JOHN 110 CUPERTINO SANITARY DISTR 1108503 CUPERTINO SANITARY DISTR 1108303 CUPERTINO SANITARY DISTR 1108505 CUPERTINO SANITARY DISTR 5708510 CUPERTINO SANITARY DISTR 1108504 CUPERTINO SANITARY DISTR 1108314 CUPERTINO SANITARY DISTR 1108315 CUPERTINO SANITARY DISTR 1108501 CUPERTINO SANITARY DISTR 1108512 CUPERTINO SANITARY DISTR 1108509 CUPERTINO SANITARY DISTR 1108508 CUPERTINO SANITARY DISTR 1108507 CUPERTINO SANITARY DISTR 1108506 CUPERTINO SUPPLY INC CUPERTINO SUPPLY INC CUPERTINO SUPPLY INC 1108501 5606620 5606620 CUPERTINO UNION SCHL DIS 5806349 DIGITAL PRINT IMPRESSION 1108408 DISPENSING TECHNOLOGY 2708404 DON & MIKE'S SWEEPING IN 2308004 Q.C.DOUGHTY 5706450 DUBAY'S TIRE SERVICE INC 6308840 RUN DATE 08/04/05 TIME 09:58:38 -----DESCRIPTION------ SERVICE AGREEMENT FOR SERVICE AGREEMENT FOR ARBORIST RVW R297S0 ARBORIST RVW R30097 8/07-9/06 SPORTS CTR SERVICE AGREEMENT FOR GEOLOGIC REVIEW GEOLOGIC RVW R29790 SEWER SEWER SEWER SEWER SEWER SEWER SEWER SEWER SEWER SEWER SEWER SEWER SEWER 60\ APPLICATION 7/1/4-6/30/5 7/1/4-6/30/5 7/1/4-6/30/5 7/1/4-6/30/5 7/1/4-6/30/5 7/1/4-6/30/5 7/1/4-6/30/5 7/1/4-6/30/5 7/1/4-6/30/5 7/1/4-6/30/5 7/1/4-6/30/5 7/1/4-6/30/5 7/1/4-6/30/5 FY 2005-2006 OPEN PURC FY 2005-2006 OPEN PURC FY 2005-2006 OPEN PURC RAGING WATERS 6/29 B.CARDS/J.RECORDS WHITE TRAFFIC PAINT FY 2005-2006 OPEN PURC REPAIRS SERVICE AGREEMENT FOR SALES TAX 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 - FINANCIAL ACCOUNTING PAGE 2 AMOUNT 825.84 665.00 2S2.80 557.50 282.50 840.00 91.90 34853.00 825.00 1246.25 2071.25 812.40 1400.17 3072.99 1405.97 1592.51 655.76 246.12 246.12 741.89 448.50 246.12 492.24 246.12 492.24 11286.75 4.95 106.83 134.48 246.26 60.90 58.71 4101.00 9918.00 1040.00 941.38 L(-,)7 08/04/05 CITY OF CUPERTINO PAGE 3 ACCOUNTING PERIOD, 2/06 CHECK REGISTER DISBURSEMENT FUND SELECTION CRITERIA: transact. trans - date between "08/01/2005" and "08/0s/2005~ FUND - 110 - GENERAL FUND CASH ACCT CHECK NO ISSUE DT --------------VENDOR------------- FrmD!DEPT -----DESCRIPTION------ SALES TAX AMOUNT 1020 619553 08/05/05 3038 RALPH DUBISCH 5806249 SERVICE AGREEMENT FOR 0.00 1742.50 1020 619554 08/05/05 233 ECONOMIC DRIVING SCHOOL 5806249 SERVICE AGREEMENT FOR 0.00 61360.00 1020 619555 oa/OS/05 2578 ELEMENT K JOURNALS 1103500 INSIDE PHOTO SHOP RNL 0.00 99 . 00 1020 619555 Oa/05/05 2578 ELEMBNT K JOURNALS 1103500 INSIDE ILLISTRATOR O. 00 97. 00 1020 619555 08/05/05 2578 ELEMENT K JOURNALS 6104800 COMPo SUPPORT PROF. 0 .00 137 .00 1020 619555 08/05/05 2578 ELEMENT K JOURNALS 6104S00 INSIDE MS WINZK O. 00 157 .00 1020 619555 OS/05/05 257S ELEMENT K JOURNALS 6104aOO INSIDE MS OFFICE O. 00 87 .00 TOTAL CHECK O. 00 577. 00 1020 619556 OS/05/05 1320 EMPLOYMENT DEVELOPMENT D 1104540 UNEMPLOYMENT INSUR. 0.00 1034.92 1020 619557 Oa/05/05 2077 ESRI 6104aOO ARCVIEW 16553 0.00 433.00 1020 619558 OS/05/05 1949 EVENT SERVICES 110S503 RENTAL JULY 2005 0.00 162.38 1020 619559 OS/05/05 253 EXCHANGE LINEN SERVICE 5606620 FY 2005-2006 OPEN PURC 0.00 318.23 1020 619560 08/05/05 2361 FIRST BANKCARD 1107301 STATEMENT JULY 2005 0.00 267 .40 1020 619560 08/05/05 2361 FIRST BANKCARD 1101070 STATEMENT JULY 2005 0.00 94 .79 1020 619560 OS/05/05 2361 FIRST BANKCARD 1104510 STATEMENT JULY 2005 0 .00 152 .80 1020 619560 OS/05/05 2361 FIRST BANKCARD 1104300 STATEMENT JULY 2005 0 .00 205.24 1020 619560 08/05/05 2361 FIRST BANKCARD 1101000 STATEMENT JULY 2005 O. 00 138. 02 TOTAL CHECK O. 00 858 .25 1020 619561 08/05/05 2361 FIRST BANKCARD 1106448 STATEMENT JULY 2005 0 .00 176.06 1020 619561 Oa/05/05 2361 FIRST BANKCARD 1106265 STATEMENT JULY 2005 0 .00 324.72 1020 619561 08/05/05 2361 FIRST BANKCARD 1106448 STATEMENT JULY 2005 0 .00 579.50 1020 619561 08/05/05 2361 FIRST BANKCARD 5706450 STATEMENT JULY 2005 0 .00 133 .24 1020 619561 08/05/05 2361 FIRST BANKCARD 5806349 STATEMENT JULY 2005 0 .00 288. 54 1020 619561 oa/05/05 2361 FIRST BANKCARD 1106647 STATEMENT JULY 2005 O. 00 33 .20 1020 619561 08/05/05 2361 FIRST BANKCARD 1103301 STATEMENT JULY 2005 .00 336. 59 1020 619561 08/05/05 2361 FIRST BANKCARD 1106342 STATEMENT JULY 2005 0.00 2871.57 1020 619561 08/05/05 2361 FIRST BANKCARD 5806349 STATEMENT JULY 2005 O. 00 1a35. 50 1020 619561 08/05/05 2361 FIRST BANKCARD 1106344 STATEMENT JULY 2005 O. 00 5BO. 10 1020 619561 OS/05/05 2361 FIRST BANKCARD 5S06449 STATEMENT JULY 2005 O. 00 282 .27 TOTAL CHECK O. 00 7441. 29 10.20 619562 OB/05/05 2361 FIRST BANKCARD 5606620 STATEMENT JULY 2005 O. 00 266.89 1020 619562 08/05/05 2361 FIRST BANKCARD 5606620 STATEMENT JULY 2005 .00 378 . 76 1020 619562 OB/05/05 2361 FIRST BANKCARD 5606620 STATEMENT JULY 2005 O. 00 213 .64 1020 619562 OB/05/05 2361 FIRST BANKCARD 5B06349 STATEMENT JULY 2005 O. 00 487. 55 1020 619562 08/05/05 2361 FIRST BANKCARD 5606640 STATEMENT JULY 2005 O. 00 B9 .21 1020 619562 DB/aS/OS 2361 FIRST BANKCARD 5S06649 STATEMENT JULY 2005 0 .00 250 .67 TOTAL CHECK O. 00 16B6. 72 1020 619563 OB/05/05 2361 FIRST BANKCARD 1102401 STATEMENT JULY 2005 O. 00 242 .37 1020 619563 08/05/05 2361 FIRST BANKCARD 1101000 STATEMENT JULY 2005 0 .00 234. 00 1020 619563 OB/05/05 2361 FIRST BANKCARD 1101201 STATEMENT JULY 2005 O. 00 108.20 RUN DATE OS/04/05 TIME 09:58:38 FINANCIAL ACCOUNTING Y~3¡ OB/04/05 ACCOUNTING PERIOD: 2/06 CHECK REGISTER CITY OF CUPERTINO DISBURSEMENT FUND SELECTION CRITERIA: transact. trans_date between "Oa/O~/2005" and "OB/OS/Z005" FUND - 110 - GENERAL FUND CASH ACCT CHECK NO 1020 1020 1020 1020 1020 1020 1020 1020 TOTAL CHECK 1020 1020 1020 1020 1020 TOTAL CHECK 1020 1020 1020 1020 1020 1020 1020 1020 1020 TOTAL CHECK 619563 619563 619563 619563 619563 619563 619563 619563 619564 619565 619566 619567 619567 619568 619568 61956B 619568 619568 619568 61955B 619568 619568 1020 619569 1020 619569 TOTAL CHECK 1020 1020 1020 1020 1020 TOTAL CHECK 1020 1020 1020 1020 TOTAL CHECK 619570 619571 619572 619572 619572 619573 619574 619575 619575 ISSUE DT --------------VENDOR------------- FUNDjDEPT 08/05/05 2361 08/05/05 2361 08/05/05 2361 08/05/05 2361 oa/05/05 2361 08/05/05 2361 OS/05/05 2361 as/as/os 2361 08/05/05 262 as/as/os 268 OS/05/05 lS0S 08/05/05 274 Oa/05/05 274 08/05/05 281 OS/05/05 2S1 08/05/05 2S1 08/05/05 281 08/05/05 281 08/05/05 281 08/05/05 281 oa/OS/05 2S1 OS/05/05 281 08/05/05 292 08/05/05 292 08/05/05 1766 OS/05/05 301 08/05/05 3026 08/05/05 3026 08/05/05 3026 08/05/05 2906 08/05/05 2064 OB/05/05 1951 08/05/05 1951 FIRST BANKCARD FIRST BANKCARD FIRST BANKCARD FIRST BANKCARD FIRST BANKCARD FIRST BANKCARD FIRST BANKCARD FIRST BANKCARD FIRST PLACE INC 1103300 1103500 6104S00 1103500 1103500 1103500 1103500 H03300 1104300 FOSTER BROS SECURITY SYS 1108503 5B06349 KIM FREY FRY'S ELECTRONICS FRY'S ELECTRONICS GARDENLAND GARDENLAND GARDENLAND GARDENLAND GARDENLAND GAROENLAND GARDENLAND GARDENLAND GARDENLAND GOLFLAND USA GOLFLAND USA 6104S00 1108005 1108315 1108312 1108314 1108315 110B303 HOB314 H08312 110S303 1108314 5806349 5806349 GRANITE ROCK COMPANY 2708404 GRAYBAR ELECTRIC CO INC 1108504 HEALTH CARE DENTAL TRUST 110 HEALTH CARE DENTAL TRUST 110 HEALTH CARE DENTAL TRUST 110 TONY VASQUE Z HOWARD G HOFF JR. HOMESTEAD P.P.C. INC HOMESTEAD F.P.C. INC RUN DATE 08/04/05 TIME 09:5S:38 1104510 1104400 5806349 5806349 -----DESCRIPTION------ STATEMENT JULY 2005 STATEMENT JULY 2005 STATEMENT JULY 2005 STATEMENT JULY 2005 STATEMENT JULY 2005 STATEMENT JULY 2005 STATEMENT JULY 2005 STATEMENT JULY 2005 NAME PLATE KEY/LOCK SUPPLIES GLASSES FOR STAFF SUPPLIES 15555 SUPPLIES A27015 SMALL ROTOTILLERS 4 HP SMALL ROTOTILLERS 4 HP SMALL ROTOTILLERS 4 HP SMALL ROTOTILLERS 4 HP SMALL ROTOTILLERS 4 HP SMALL ROTOTILLERS 4 HP SMALL ROTOTILLERS 4 HP SMALL ROTOTILLERS 4 HP SUPPLIES A27002 GOLFING 7/29 A26545 GOLF/TOKENS A26510 GRANITE PATCH A27007 SUPPLIES UNREP 1539-0004 OE3 1539-0005 CEA 1539-0006 AD/RECREATION COORD. FIRST AID B/l/05 BOWLING 7/27 A26511 BOWLING 7/26 A26515 SALES TA.X 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 .00 .00 0.00 0.00 0.00 .00 0.00 .00 .00 0.00 0.00 0.00 .00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 - FINANCIAL ACCOUNTING PkGE 4 AMOUNT 77 .33 304.35 399.00 139.59 15.10 693.90 54.14 519.77 2787.75 50.66 170.79 60.54 70.32 178.98 249.30 574.81 574.81 574.8l 494.54 494.54 494.54 494.54 574.80 8l.03 4358.42 130.00 81.50 211.50 500.66 302.87 3900.89 4215.12 6075.52 14191.53 417.00 100.00 72.00 114.00 1B6.00 1.(-31 08/04/0S ACCOUNTING PERIOD: 2/06 CITY OF CUPERTINO CHECK REGISTER - DISBURSEMENT FUND SELECTION CRITERIA: transact. trans_date between "OB/0~/200S" and "OS/OS/200S" FUND - ~10 - GENERAL FUND CASH ACCT CHECK NO 1020 619S76 1020 619576 TOTAL CHECK 1020 619577 1020 619577 1020 619577 1020 619577 1020 619577 TOTAL CHECK 1020 1020 1020 1020 1020 1020 TOTAL CHECK 1020 1020 1020 1020 1020 1020 1020 1020 1020 1020 1020 1020 1020 1020 TOTAL CHECK 619578 619S79 619580 619581 619581 619581 619582 619583 619584 619585 619586 619587 619588 619589 619590 619591 619592 619593 619594 619594 ISSUE DT -----~·-------VENDOR------·~----- FUND/DEPT 08/0S/05 1898 08/05/05 1898 08/05/05 2528 08/05/0S 2528 OS/05/05 252S OS/05/05 252S OS/05/05 2S28 08/05/05 1972 08/05/05 1372 08/05/05 376 as/as/os 3313 08/05/05 3313 as/as/os 3313 08/05/05 2323 as/as/os 3155 OS/05/05 400 OS/05/05 2912 08/05/05 986 OS/05/05 lS6S as/as/os 2726 as/as/os 465 08/05/05 M2006 08/05/05 1228 OS/05/05 3143 08/05/05 473 08/05/053109 OS/05/05 3109 HORIZON HORIZON INDOOR BILLBOARD INDOOR BILLBOARD INDOOR BILLBOARD INDOOR BILLBOARD INDOOR BILLBOARD KIMBALL-MIDWEST THE KIPLINGER LETTER KNORR SYSTEMS INC KOHLWEISS AUTO PARTS KOHLWEISS AUTO PARTS KOHLWEISS AUTO PARTS 1108407 110S314 1108302 110S315 1108312 110S303 110S314 630S840 1101200 5606620 6308840 630S840 6308840 LEE WAYNE CORPORATION KWIK-WAY MUFFLER SERVICE 6308840 110S501 LIFETIME TENNIS INe LUCKY I & I PORTABLE SER 520S003 5706450 MATTHEW BENDER & COMPANY 1101500 ** MOSS & BARNETT METRO MOBILE COMMUNICATI 6308840 1101031 MOUNTAIN VIEW GARDEN CEN 1108407 MUNICIPAL INVO. SYSTEMS 6104800 MUSICALME, INC. 5S06249 DONNA M. KISSINGER, LLC 5806349 NASER DISTRIBUTORS INC 5606620 NATIONAL ELEVATOR CO. IN 1108501 NATIONAL ELEVATOR CO. IN 570S510 RUN DATE 08/04/05 TIME 09:58:39 -----DESeRIPTION------ FY 2005-2006 OPEN PURe FY 2005-2006 OPEN PURC FY 2005-2006 OPEN PURe FY 2005-2006 OPEN PURC FY 2005~2006 OPEN PURC FY 2005-2006 OPBN PURC FY 2005-2006 OPEN PURe SUPPLIBS A27004 RENEWAL 12MOS. SUPPLIES FY 2005-2006 OPEN PURC FY 2005-2006 OPEN PURC FY 2005~2006 OPBN PURC INSTALL HITCH A27014 FLAGS SERVICE 7/18-7/31 RENTAL CA FORMS OF P&P REPAIRS GBN.CABLE LEGAL SERV LANDSCAPE SPLY A27020 MBRSHP RNWL/Q.ADAMS SERVICE AGREEMENT FOR DEPOSIT/GOLDEN JUBL. FY 2005-2006 OPEN PURC MAINTENANCE AUG05 MAINTENANCE AUG05 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 - FINANCIAL ACCOUNTING PAGE 5 AMOUNT 150.18 35.91 lS6.09 118.99 119.00 11S.99 118.99 118.99 594.96 424.98 73.00 124.10 196 .32 130.39 169.64 496.35 493.56 771.00 37397.56 92.01 111.77 123.00 476.00 118.37 130. DO 2631.60 180.00 504.33 100.00 115.00 215.00 ({ -L{6 08/04/05 ACCOUNTING PERIOD: 2/06 CITY OF CUPERTINO CHECK REGISTER - DISBURSEMENT FUND FUND SELECTION CRITERIA, tra.nsa.ct.tra.ns_date between "oa/Ol/2005" and "08/0S/200S" CASH ACCT CHECK NO 110 - GENERAL FUND ISSUE DT -----··-------VENDOR------------- FUND/DEPT 1020 1020 1020 TOTAL CHECK 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 619595 619595 619595 619596 619597 619597 619597 619597 619597 619597 619597 619597 619597 619597 619597 619597 619597 619597 619597 619598 619598 619599 619600 619601 619602 1020 619603 1020 619603 TOTAL CHECK 1020 619604 1020 619604 TOTAL CHECK 1020 1020 1020 1020 619605 619606 619607 619608 08/05/05 Oe/05/05 08/05/05 08/05/05 2576 08/05/05 Oa/05/05 Oe/05/05 Oa/05/05 Oa/05/05 08/05/05 08/05/05 08/05/05 08/05/05 08/05/05 08/05/05 08/05/05 08/05/05 08/05/05 08/05/05 08/05/05 08/05/05 08/05/05 2444 08/05/05 513 08/05/05 3308 491 491 491 493 493 493 493 493 493 493 493 493 493 493 493 493 493 493 500 500 08/05/05 M2006 08/05/05 526 08/05/05 526 08/05/05 542 08/05/05 542 08/05/05 545 oa/05/05 546 08/05/05 2661 08/0S/05 2649 NUNES MANUFACTURING NUNES MANUFACTURING NUNES MANUFACTURING 6308840 6308840 6308840 O.C.JONES AND SONS, INC 1108101 OFFICE DEPOT OFFICE DEPOT OFFICE DEPOT OFFICE DEPOT OFFICE DEPOT OFFICE DEPOT OFFICE DEPOT OFFICE DEPOT OFFICE DEPOT OFFICE DEPOT OFFICE DEPOT OFFICE DEPOT OFFICE DEPOT OFFICE DEPOT OFFICE DEPOT OPERATING ENGINEERS PUB OPERATING ENGINEERS PUB PACIFIC GAS & ELECTRIC 1104300 1104300 1104300 1101000 5806249 1101000 1106265 1107301 1107503 1107503 1107503 1108201 1107301 1108201 2708403 HO 1104510 PACIFIC GAS & ELECTRIC ( 1108502 1108830 PATCHIPALA, SESHARAO PAPE MACHINERY ACCT. 443 6308840 HO PENINSULA DIGITAL IMAGIN 2709449 PENINSULA DIGITAL IMAGIN 110 PINE CONE LUMBER PINE CONE LUMBER JEFF PISERCHIO PITNEY BOWES INC 1108501 5708510 5606640 1104310 PROFESSIONAL TURF MGMNT, 5606640 1101500 QUILL RUN DATE 08/04/05 TIME 09:58:39 -----DESCRIPTION------ EQUIPMENT PART A26742 RETURN PARTS EQUIPMENT PART A26742 GRAFFITI COATING OFFICE SUPPLIES OFFICE SUPPLIES OFFICE SUPPLIES OFFICE SUPPLIES OFFICE SUPPLIES REF: 299550946001 OFFICE SUPPLIES OFFICE SUPPLIES OFFICE SUPPLIES OFFICE SUPPLIES REF: 299433438001 OFFICE SUPPLIES REF: 299263801001 OFFICE SUPPLIES OFFICE SUPPLIES H '" W P.W. EMPLOYEES H & W P W. RETIREES 6/22-7/21 6/30-7/29 COMM.HALL PARTS A26765 ARCHITECT DEPOSIT MARY AVE. PLANS IMPROVE PLANS SUPPLIES SUPPLIES SERVo 7/20-8/02 FY 2005-2006 OPEN PURe MAINTENANCE JULY 2005 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 .00 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 - FINANCIAL ACCOUNTING PAGE 6 AMOUNT 126.05 -50.86 295.55 370.74 3370.00 90.87 65.01 36.84 114.42 146.32 -13 .10 203.49 ~7.59 141.26 4.56 -4.56 11.64 -35.69 92 .07 26.45 897.17 4880.00 3050.00 7930.00 18181.a5 2362.61 189.23 522.94 196 .47 168.70 365.17 72 .34 115.23 187.57 2035.00 147.96 15500.00 47.90 l{ - l.,¡( 08/04/05 ACCOUNTING PERIOD: 2/06 CITY OF CUPERTINO CHECK REGISTER - DISBURSEMENT FUND SELECTION CRITERIA; transact. trans_date between "08/0~/200S~ and "08/0S/200S~ FUND - ~~O - GENERAL FUND CASH ACCT CHECK NO ~020 ~020 1020 1020 1020 ~020 1020 1020 1020 1020 1020 TOTAL CHECK 1020 1020 1020 TOTAL CHECK ~020 1020 1020 1020 1020 1020 1020 1020 1020 1020 1020 1020 1020 1020 1020 1020 ~020 1020 1020 619609 619610 619611 619612 619613 619614 619615 6~9616 619617 619618 619618 6196~9 619619 619619 619620 6~9621 619622 6~9623 619626 619626 619626 619626 619626 619626 619626 619626 619626 619626 619626 619626 619626 619626 619626 ISSUB DT ---·----------VBNDOR------------- FUND/DEPT 08/05/05 3220 08/05/05 2482 OS/05/05 3115 OB/05/05 2932 OB/05/05 3370 OB/05/05 2043 08/05/05 M 08/05/05 M2006 08/05/05 M2006 08/05/05 OB/05/05 MB2006 ME2006 RACE STREET FOODS 5606620 08/05/05 OB/05/05 OB/05/05 633 633 633 ROBERT HALF TECHNOLOGY 6~04BOO 08/05/0S 636 08/0S/05 M2006 OB/05/05 1150 08/05/05 2397 OB/05/05 511 OB/05/05 511 OB/05/05 511 08/05/05 511 DB/aS/OS 511 08/05/0S 511 DB/aS/OS 511 DB/aS/OS 511 08/05/05 511 08/05/05 511 OB/OS/05 511 OB/OS/05 511 08/05/05 511 08/05/05 511 08/05/05 511 PATRICIA ROHDE 5806249 ROMAN TIRES, INC. 6308840 LISA ROSENBERG 5B06449 RUDE'S PEST MANAGEMENT 110B502 Ramos, Janely 550 SAN FRANCISCO ATHLETIC C 560 SAN FRANCISCO OPERA 5506549 SANDER, RACHELLE SANDER, RACHELLE 5B06349 5B06349 SANTA CLARA COUNTY SHERI 5606620 SANTA CLARA COUNTY SHERI 5606620 SANTA CLARA COUNTY SHERI 5806349 SANTA CRUZ SEASIDE CO. 5B06349 SANTINI, VICTOR WILLIAM ~~OOOOO WELLS FARGO FINANCIAL LE 5506549 SAVIN CREDIT CORPORATION ~104310 SBC/MCI SBC/MCI SBC/Mcr SBC/MCI SBC/MCI SBe/MeI SBe/MCI SBC/MeI SBC/MeI SBC/MCI SBC/Mcr SBC/MCI SBC/Mcr SBC/MeI SBC/MCI 1101000 1102100 1101500 1104300 1103300 1103500 1104000 1104100 1104200 1104510 1106647 1104530 1104400 1106265 1106100 RUN DATE 08/04/05 TIME 09:58:39 -----DESCRIPTION------ FY 2005-2006 OPEN PURC K.STAMES W/E 7/22 SERVICE AGREEMENT FOR PICKUP TIRES A27361 SERVICE AGREEMENT FOR SPRAY FOR ANTS Refund; check - Full r PICNIC REFUND DEPOSIT 6/08/6 TICKET DAYCAMP BUS FARE AUG5 JR DAYCAMP BUS FARE FY 2005-2006 OPEN PURC FY 2005-2006 OPEN PURC SECURITY DANCE 7/22 WRISTBANDS 26544-46 CANCELLED BL #26012 1-5060106 5/B-B/B/05 H3720300010 AUG2005 731-7142 JULY 2005 731-7142 JULY 2005 731-7142 JULY 2005 731~7142 JULY 2005 731-7142 JULY 2005 731-7142 JULY 2005 731-7142 JULY 2005 731-7142 JULY 2005 731-7142 JULY 2005 731-7142 JULY 2005 731-7142 JULY 2005 731-7142 JULY 2005 731-7142 JULY 2005 731-7142 JULY 2005 731-7142 JULY 2005 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 .00 .00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 ~ FINANCIAL ACCOUNTING PAGE 7 AMOUNT 103B.29 1520.00 530.00 214 .50 64.98 420.00 750.00 500.00 280.00 242.50 300.00 542.50 1046.10 1319.70 304.13 2669.93 758.10 102.00 1158.54 1057.60 184. 2~ 153.58 337.88 274.Bl 61.43 92.15 92 .15 184.30 92.15 184.30 30.72 215.01 92.15 215.01 92 .15 L{-Y.è 08/04/05 CITY OF CUPERTINO PAGE 8 ACCOUNTING PERIOD: 2/06 CHECK REGISTER - DISBURSEMENT FUND SELECTION CRITERIA: transact. trans - date between "OB/0~/200S" and "OB/OS/200S" FUND - 110 - GENERAL FUND CASH ACCT CHECK NO ISSUE DT _________~____VENDOR------------- FUND/DEPT -----DESCRIPTION------ SALES TAX AMOUNT 1020 619626 oa/os/os 511 SBC/MCI 1106265 731-7142 JULY 2005 0 .00 491 .46 1020 619626 OB/Os/Os 511 SBC/MCr 1106265 731-7142 JULY 2005 0 .00 61 .43 1020 619626 08/05/05 511 SBC/MC! 1106529 731-7142 JULY 2005 0.00 30.12 1020 619626 08/05/05 511 SBC/MeI ~~06S00 731-7142 JULY 2005 o. 00 36B.60 1020 619626 OB/OS/05 511 SBC/MCI 1101200 731-7142 JULY 2005 0 .00 92.15 1020 619626 08/05/05 511 SBC/MC! 1107301 #731-7142 JULY 2005 0.00 276.45 1020 619626 oa/os/os 511 SBC/MCI 1:1.0:1.200 731-7142 JULY 2005 0.00 92 .15 :1.020 619626 08/05/05 511 SBC/MCI 1107302 73:1.-7142 JULY 2005 0.00 61 .43 :1.020 619626 08/05/05 511 SBC/MCI 1108504 73:1.-7142 JULY 2005 0.00 122.87 1020 619626 08/05/05 511 SBC/MCI 1107501 731-7142 JULY 2005 o. 00 "9 .31 :1.020 619626 08/05/05 511 SBC/MCI 1107502 731-7142 JULY 2005 0 .00 30 · n 1020 619626 08/05/05 511 SBC/MCI 1107503 73:1.-7142 JULY 2005 0.00 122 .87 1020 6:1.9626 08/05/05 511 SBC/MCI 1108001 731-7142 JULY 2005 o. 00 153.58 :1.020 619626 OB/05/05 511 SBC/MCI 1108101 731-7142 JULY 2005 o. 00 290. 99 1020 619626 08/05/05 511 SBC/MCI 1108102 731-7142 JULY 2005 0.00 30 · n 1020 619626 08/05/05 511 SBC/MCr 1106265 731-7142 JULY 2005 o. 00 92 .15 :1.020 619626 OB/05/05 511 SBC/MCr 110850:1. 731-7142 JULY 2005 o. 00 68.9. 87 1020 619626 08/05/05 511 SBC/MCI 1108503 731-7142 JULY 2005 0.00 892 . 62 1020 619626 08/05/05 511 SBC/MCI 1108507 731-7142 JULY 2005 0.00 61 .43 :1.020 619626 08/05/05 511 SBC/MCI 5606620 731-7142 JULY 2005 o. 00 307 .16 1020 619626 08/05/05 511 SBC/MCI 5706450 731-7142 JULY 2005 O. 00 368 .60 1020 619626 08/05/05 511 SBC/MCI 1108601 731-7142 JULY 2005 0 .00 92 .15 :1.020 619626 OB/05/0S 511 SBC/MCI 1108602 731-7142 JULY 2005 0 .00 122 .87 1020 619626 08/05/05 511 SBC/MCI 5208003 731-7142 JULY 2005 o. 00 30. n 1020 619626 08/05/0S 511 SBC/MCI 2308004 731-7142 JULY 2005 0 .00 30.12 1020 6:1.9626 08/05/05 511 SBC/MCI 5708510 731-7142 JULY 2005 0 .00 140. 73 1020 619626 OB/05/05 511 SBC/MCr 1108201 731-7142 JULY 2005 o. 00 213 .n :1.020 619626 08/0S/05 511 SBC/MCI 6:1.04800 731-7142 JULY 2005 0 .00 583 .61 1020 619626 08/05/05 511 SBC/MCI 5606620 731-7142 JULY 2005 O. DO 153.58 1020 619626 OB/05/05 511 SBC/MCr 5606640 731-7:1.42 JULY 2005 o. 00 3D · n 1020 619626 08/05/05 511 SBC/MCI :1.10730:1. 731-7142 JULY 2005 0 .00 61 .43 1020 619626 08/05/05 511 SBC/MCI 1106647 731-7142 JULY 2005 0 .00 276 .45 1020 619626 08/05/05 511 SBC/MCI 1108511 731-7142 JULY 2005 0 .00 61 .43 1020 619626 08/05/05 511 SBC/MCI 1108504 731-7:1.42 JULY 2005 0 .00 32 .15 1020 619626 08/05/05 511 SBC/MCr 1:1.0B513 731-7142 JULY 2005 o. 00 105. DO 1020 619626 08/05/05 511 SBC/MCI 1108407 731-7142 JULY 2005 o. DO 14 . 83 TOTAL CHECK O. DO 9289. 46 1020 619627 08/05/05 2810 SMART & FINAL 5806349 SUPPLIES 26023 o. DO 20. 95 1020 619627 08/05/05 2810 SMART & FINAL 5806349 SUPPLIES 0 .00 17. 02 1020 619627 08/05/05 2810 SMART & FINAL 5806349 SUPPLIBS A26s14 0 .00 222. 90 TOTAL CHECK O. DO 260 .87 1020 619628 08/05/05 665 SOUTH BAY METROPOLITAN 5806449 SERVICE JULY 2005 0.00 1101.60 1020 619629 08/05/05 3171 STAPLES BUSINESS ADVANTA 1104310 FY 2005-2006 OPEN PURC 0.00 42.63 1020 619630 08/05/05 695 SYSCO FOOD SERVICES OF S 5606620 FY 2005-2006 OPEN PURe o. 00 68 .89 1020 619630 08/05/05 695 SYSCO FOOD SERVICES OF S 5606620 FY 2005-2006 OPEN PURC o. DO 9570. 19 1020 619630 08/05/05 695 SYSCO FOOD SERVICES OF S 5606620 FY 2005-2006 OPEN PURC 0 .00 54 .60 TOTAL CHECK 0 .00 9693 .67 RUN DATE 08/04/05 TIME 09:58:39 - FINANCIAL ACCOUNTING L{~L(3 08/04/05 ACCOUNTING PERIOD: 2/06 CITY OF CUPERTINO SELECTION CRITERIA: transact. trans date between "OB/01/2005" and "OS/05/2005" CHECK REGISTER - DISBURSEMENT FUND CASH ACCT CHECK NO FUND - 110 - GENERAL F.UND ISSUE DT ·-----·-------VENDOR----------·-- FUND/DEPT -----DBSCRIPTION------ PAGE 9 SALES TAX AMOUNT 1020 619631 08/05/05 696 TADCO SUPPLY 570S510 SUPPLIES 0.00 125.74 1020 619632 OB/05/05 2008 TECH MUSEUM OF INNOVATIO 5B06349 ADMISSION 7/20 0.00 444.00 1020 619632 08/05/05 200S TECH MUSEUM OF INNOVATIO 5806349 ADMISSION 7/27 0.00 22S.00 TOTAL CHECK 0.00 672.00 1020 619633 OB/05/0S 1763 THEATERFUN INC 5B06249 SERVICE AGREEMENT FOR 0.00 650.00 1020 619634 OB/05/05 72' TURF & INDUSTRIAL EQUIPM 6308B40 FY 2005-2006 OPEN PURC 0.00 142. DB 1020 619635 OB/05/05 2665 ERIN TURI 5806249 SERVICE AGREEMENT FOR 0.00 26S1.50 1020 619636 OB/05/05 M Thomas, Janet 550 Refund: check ~ #2307, 0.00 45.00 1020 619637 OB/05/05 14B3 UNDERGROUND SERVICE ALER 110BB30 MBRSHIP RNWL 0.00 B06.88 1020 619638 OB/05/0S 738 VALLEY OIL COMPANY 630SB40 FY 2005-2006 OPEN PURC 0.00 2B41.14 1020 619639 08/05/05 746 VIKING OFFICE PRODUCTS 1106500 2006 CALENDARS 0.00 2B.79 1020 619640 08/05/05 750 VISION SERVICE PLAN ICA) 110 VISION INSUR. AUG05 0.00 2115.96 1020 619641 08/05/05 M2006 VOICB WIRELESS 110 BANNER DEPOSIT 0.00 100.00 1020 619642 DB/aS/OS 761 WEDEMEYER BAKERY 5606620 FY 2005-2006 OPEN PURC 0.00 330.45 1020 619643 08/05/05 768 WEST GROUP PAYMENT CENTE 1101500 WITKIN CA EVIDENCE 0.00 100.6B 1020 619644 08/05/05 2969 WIC: WONDER ICE CREAM 01 5606620 FY 2005-2006 OPEN PURC 0.00 400.62 1020 619645 08/0S/05 793 NANCY WULFF 5806249 SERVICE AGREEMENT FOR 0.00 532.00 1020 619646 08/0S/0S M West, Michael sso Refund: Check ~ Sway /H 0.00 184.00 TOTAL CASH ACCOUNT 0.00 523684.69 TOTAL FUND 0.00 523684.69 TOTAL REPORT 0.00 523684.69 RUN DATE 08/04/05 TIME 09:58:39 - FINANCIAL ACCOUNTING l( ~ eN RESOLUTIONNUMB£R 05-125 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 July 15,2005 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 offunds 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 $ 494,707.24 Less Employee Deductions $(133,471.37) NET PAYROLL $ 361.235.87 Payroll check numbers issued 83183 through 83488 Void check number(s) CERTIFIED: &~/u a. CZfw-zì¿~ Director of Administrative Services PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this 16th day of August ,2005, by the following vote: Vote Members of the City Council AYES: NOES: ABSENT: ABSTAIN: ATTEST: APPROVED: )-1 RESOLUTION NUMBER 05-126 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 July 29, 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 $ 483,489.19 Less Employee Deductions $(128,386.70) NET PAYROLL $ 355.181.60 Payroll check numbers issued 83490 through 83782 Void check number(s) 83512,83781 CERTIFIED: fl.~ú_~ Director of Administrative Services PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this 16th day of August ,2005, by the following vote: Vote Members of the City Council AYES: NOES: ABSENT: ABSTAIN: ATTEST: APPROVED: 5-~ ,-,:'\ I /~ ,.\ ~ /, _ /j . -,-.~- . City Hall 10300 Torre Avenue Cupertino, CA 95014-3255 (408) 777-3354 FAX (408) 777-3333 CUPEIQ1NO PUBLIC WORKS DEPARTMENT Summary AGENDA ITEM ~ AGENDA DATE August 16. 2005 SUBJECT AND ISSUE Adoption of Resolution No.05-/J7 authorizing the City Manager to execute an agreement between the City of Cupertino and the Santa Clara Valley Transportation Authority (VT A) to accept and receive 1996 Measure B Bicycle Program funding in the amount of $5,685,203, for the Mary Avenue Bicycle Pedestrian Bridge Project. BACKGROUND On December 4, 2000, Council adopted Resolution No. 00-299 which authorized the allocation of $200,000 ofVTA Bicycle Expenditure Program Funds to conduct a Feasibility Study by Steven Grover Associates, (SGA). Of the $200,000 authorized in that agreement, $192,747 was expended. The agreement is closed and staff has been advised by VTA that the balance of $7,253 is unavailable for other expenditures. On December 15,2003, Council adopted Resolution No. 03-227 which authorized the City Manager to execute an agreement with the VTA that enabled the City to receive $1,114,797 from the Transportation Fund for Clean Air (TFCA). That agreement was executed on December 15, 2003. On June 16,2005, the VTA board approved a Grant Share of$5,685,203 from the 1996 Measure B Bicycle Expenditure Program for the construction of the Mary Avenue Bicycle Pedestrian Bridge Proj ect. The total of the two current agreements will be $6,800,000. With the inclusion of the first agreement of $192,747, expended in 2000, the total will be $6,992,747, as reported to Council on June 21, 2005. VTA Grant A2mt Resolution No. Anoroved Amt Exoended Balance Dec 4, 2000 00-299 $200,000 $192,747 $0 Dec 15, 2003 03-227 $1,114,797 $0 $1,114,797 Aug 16, 2005 TBD $5,685,203 $0 $5,685,203 Totals $7,000,000 $192,747 $6,800,000 Printed on Recycled Paper ~ -( FISCAL IMPACT Adoption of this resolution will enable the City of Cupertino to receive VTA Grant Share funding on the Mary Avenue Bicycle Pedestrian Bridge Project up to $6,992,747. STAFF RECOMMENDATION Staff recommends that Council adopt Resolution No.05-/.21 authorizing the City Manager to execute an agreement with the Santa Clara Valley Transportation Authority (VTA) to receive $5,685,203 of 1996 Measure B Bicycle Program funding for use on the Mary Avenue Bicycle Pedestrian Bridge Project. Submitted by: Approved for submission: W ~~ Q'1J~ &I 'tI Director of Public Works David W. Knapp City Manager ~-2 RESOLUTION NO. 05-127 DRAFT A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT BETWEEN THE CITY OF CUPERTINO AND V ALLEY TRANSPORT A TION AUTHORITY TO ACCEPT AND RECEIVE 1996 MEASURE B BICYCLE EXPENDITURE PROGRAM FUNDING IN THE AMOUNT OF $5,685,203 FOR THE MARY AVENUE BICYCLE PEDESTRIAN BRIDGE PROJECT WHEREAS, on June 16, 2005, the Santa Clara Valley Transportation Authority approved Measure B Bicycle Program Expenditure funding in the amount of $5,685,203 for construction of the Mary Avenue Bicycle Footbridge; and WHEREAS, the City of Cupertino must execute a funding agreement with the Santa Clara Valley Transportation Authority in order to receive this grant in the allocated amount dedicated to the Mary A venue Bicycle Footbridge project; and NOW, THEREFORE, LET IT BE RESOLVED that the City Council of the City of Cupertino hereby authorizes the City Manager to accept and receive 1996 Measure B Bicycle Program funding in the amount of $5,685,203 for the Mary Avenue Bicycle Pedestrian Bridge Project; and BE IT FURTHER RESOLVED THAT the City Council of the City of Cupertino hereby authorizes the City Manager to execute said agreement on behalf ofthe City of Cupertino. PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this 16th day of August 2005, by the following vote: Vote Members of the City Council AYES: NOES: ABSENT: ABSTAIN: ATTEST: APPROVED: Mayor, City of Cupertino City Clerk ~-3 I F CUPEIQ1NO PUBLIC WORKS DEPARTMENT Summary AGENDA ITEM ï AGENDA DATE AUl!ust 16. 2005 SUBJECT AND ISSUE Resolution in support of the guidelines and standards and the 2005-2006 implementation program ofthe water resources protection collaborative for the planning and permit regulation for the protection of water resources within the Santa Clara county BACKGROUND On November 4, 2003, the Council adopted a resolution requesting that the Santa Clara County Water District (SCVWD) defer any action on its proposed new watershed protection ordinance for additional review and evaluation. In addition, time was needed to, if possible, seek alternatives to the proposed ordinance, which local governments view as over reaching and intrusive into the local control of Cities and the County relating to land use planning and permit regulation. Two organizing meetings were held (sponsored by Cupertino) in December 2002 and January 2003 and formed the Santa Clara Water Resources Protection Collaborative consisting of representatives of the SCVWD, all 15 cities and the County of Santa Clara, environmental/community interests, business/development interests, and the Regional Water Quality Control Board. In July 2003 meeting final consensus was reached and embodied into a "Memorandum of Consensus" (MOC), which has been agreed to by all Collaborative representatives. The MOC defined a number of Foundational Principles, one of the most important, from the Cities standpoint, is the acknowledgement that the local control of Cities and the County is the key principle for the implementation of resource protection goals and that the Cities and County are primary jurisdictions for land use planning and land use permit regulation. On August 4, 2003 the Council adopted a resolution in support of the MOC and its principles. After working diligently on a monthly basis since that time, the Collaborative has now developed a set of Guidelines and Standards to be applied whenever local agencies review development for land use adjacent to streams. As part of the acceptance of these guidelines and standards, the Collaborative on August 11,2005 has approved a resolution of consensus that memorializes the commitments by the cities and the county. Printed on Recycled Paper ,-( The importance of this consensus is the collective recognition of the primacy of the Cities' and County's authority over land use planning and permitting, and the need to work in partnership with the SCVWD to collaboratively develop policies, guidelines and standards for the protection of water and water resources. The consensus of the group also acknowledges a schedule of quarterly meetings, and the efforts of all parties for the timely implementation of these guidelines and standards, and the clear identification of the respective roles and responsibilities of each in the exercise of authority in the process. It is expected that these arrangements will be implemented according to the approaches taken by the cities and the county within an 18-month period ending in February of2007. The components of this consensus are: 1. A commitment by the City of Cupertino to make best efforts to incorporate the Proposed Guidelines and Standards and the Proposed Implementing Tools into their appropriate land use processes by February of2007. 2. Commitment for appropriate levels of participation in the Adaptive Management Process. 3. Commitment for participation in the Early Consultation of projects with SCVWD as appropriate. 4. Commitment for continued attendance by City of Cupertino members of the Collaborative at quarterly meetings through February of 2007 The SCVWD staff, as part ofthe agreement will recommend that the District Board ratify the completion and implementation ofthe standards and guidelines cooperatively with the District in conjunction with the existing authorities of the Cities and County in land use planning and permitting. As part of this consensus, each ofthe representatives of the Cities, County and other interests agreed to recommend a formal resolution of support from their respective governing bodies. As such staff has prepared a resolution for Council consideration that expresses that support and recommends its adoption. STAFF RECOMMENDATION Adoption of Resolution No. 05- 12 ~ in support ofthe guidelines and standards and the 2005-2006 implementation program ofthe Water Resources Protection Collaborative for the planning and permit regulation for the protection of water resources within the Santa Clara county Submitted By: ~Q~~ a "if Director of Public Works David W. Knapp City Manager }-2 DRAFT RESOLUTION NO. 05-128 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO IN SUPPORT OF THE GUIDELINES AND STANDARDS AND THE 2005-2006 IMPLEMENTATION PROGRAM OF THE WATER RESOURCES PROTECTION COLLABORATIVE FOR THE PLANNING AND PERMIT REGULATION FOR THE PROTECTION OF WATER RESOURCES WITHIN THE SANTA CLARA COUNTY WHEREAS, the Santa Clara Valley Water District (SCVWD), along representatives of the County of Santa Clara, the fifteen Cities in Santa Clara County, the Guadalupe-Coyote Resource Conservation District, the San Francisco Bay Regional Water Quality Board, various business and development interests, property owners and environmental, agricultural and community interests have formed and are members of the Water Resources Protection Collaborative; and, WHEREAS, all Collaborative members share the watershed resource protection goals of flood management, drinking water quality and quantity, surface and groundwater quality and quantity, and habitat protection and enhancement; and, WHEREAS, The SCVWD, Cities and County are committed to furthering these goals through the adoption of land development guidelines and standards jointly developed with other stakeholders; and, WHEREAS, In order to accomplish these goals, the Collaborative recognizes the importance of private creek side owners' interests, monitoring and accountability, and delineation of responsibility for administering mutually agreed-upon policy, guidelines, and standards to which SCVWD, County and municipal activities, and permit review, shall conform; and, WHEREAS, it is recognized that the SCVWD, Cities and County through implementation of their National Pollutant Discharge Elimination System (NPDES) Permit, Best Management Practices and other means have continuously acted to protect the watersheds and water quality in Santa Clara County; and, WHERAS, it is recognized that Local Control is the Key Principle to the implementation of resource protection goals, and that Cities and the County are the primary jurisdictions for LAND USE PLANNING and LAND USE PERMIT REGULATION, and that the broader stakeholder community has a central role in local stewardship and enhanced resource protection. 7-3 Resolution No. 05-128 2 NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Cupertino ratifies and supports the above foundational principles of the Water Resources Protection Collaborative; and, BE IT FURTHER RESOLVED that the City of Cupertino supports the following specific components of the Collaborative agreement: 1. A commitment by the City of Cupertino to make best efforts to incorporate the Proposed Guidelines and Standards and the Proposed Implementing Tools into their appropriate land use processes by February of 2007. 2. Commitment for appropriate levels of participation in the Adaptive Management Process. 3. Commitment for participation in the Early Consultation of projects with SCVWD as appropriate. 4. Commitment for continued attendance by City of Cupertino members of the Collaborative at quarterly meetings through February of2007. PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this 16th day of August, 2005, by the following vote: Vote Members of the Citv Council AYES: NOES: ABSENT: ABSTAIN: ATTEST: APPROVED: City Clerk Mayor, City of Cupertino 2 J~l( DRAFT RESOLUTION NO. 05-129 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO AUTHORIZING EXECUTION OF IMPROVEMENT AGREEMENT BETWEEN THE CITY AND DEVELOPERS, ANDREW KO AND YEON SOOK KO, HUSBAND AND WIFE, 10110 LEBANON DRIVE, APN 342-14-025 WHEREAS, there has been presented to the City Council a proposed improvement agreement between the City of Cupertino and developers, Andrew Ko and Yeon Sook Ko, Husband and Wife, for the installation of certain municipal improvements at 10110 Lebanon Drive and said agreement having been approved by the City Attorney, and Developers having paid the fees as outlined in the attached Exhibit A; NOW, THEREFORE, BE IT RESOLVED THAT the Mayor and the City Clerk are hereby authorized to sign the aforementioned agreement on behalf of the City of Cupertino. PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this 16th day of August, 2005, by the following vote: Vote Members of the Citv Council AYES: NOES: ABSENT: ABSTAIN: ATTEST: APPROVED: City Clerk Mayor, City of Cupertino 8-{ Resolution No. 05-129 Page 2 EXHIBIT "A" SCHEDULE OF BOND, FEES, AND DEPOSITS DEVELOPMENT: Andrew Ko and Yeon Sook Ko, Husband and Wife LOCATION: 10110 Lebanon Drive APN 357-11-005 A. Faithful Performance Bond: $ 9,636.00 NINE THOUSAND SIX HUNDRED THIRTY-SIX AND 00/100 DOLLARS B. Labor and Material Bond: $ 9,636.00 NINE THOUSAND SIX HUNDRED THIRTY-SIX AND 00/100 DOLLARS C. Checking and Inspection Fee: TWO THOUSAND THREE HUNDRED AND 00/100 DOLLARS $ 430.00 D. Development Maintenance Deposit ONE THOUSAND AND 00/100 DOLLARS $ 1,000.00 E. Storm Drainage Fee: N/A F. One Year Power Cost: SEVENTY-FIVE AND 00/100 DOLLARS G. Street Trees: $ 75.00 By Developer H. Map Checking Fee: N/A 1. Park Fee: N/A J. Water Main Reimbursement: N/A j-;Z DRAFT RESOLUTION NO. 05-130 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO APPROVING THE FINAL MAP OF LANDS OF NGUYEN, LOCATED AT 22570 SAN JUAN ROAD, APN 342-18-020 AND AUTHORIZING SIGNING OF FINAL MAP WHEREAS, there has been presented to the City Council for approval and for authorization to record the final map of Lands of Nguyen, located 22570 San Juan Road, showing certain avenues, drives, places, and roads; and WHEREAS, said map has been approved by the City Attorney; NOW, THEREFORE, BE IT RESOLVED THAT a. Said final map of Lands of Nguyen is hereby approved. b. The offer of dedication for roadway and for easements is hereby accepted. c. The City Engineer and the City Clerk are hereby authorized to sign said final map. PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this 16th day of August, 2005, by the following vote: Vote Members of the City Council AYES: NOES: ABSENT: ABSTAIN: ATTEST: APPROVED: City Clerk Mayor, City of Cupertino 1-1 City Hall 10300 Torre Avenue Cupertino, CA 95014-3255 (408) 777-3354 FAX (408) 777-3333 F CUPEIQ1NO PUBLIC WORKS DEPARTMENT Summary AGENDA ITEM /:to- AGENDA DATE August 16. 2005 SUBJECT AND ISSUE Adoption of Resolution No. ðS'-/ ¡/ authorizing the City Manager to execute an agreement, not to exceed $60,000, with COMCAST, to reimburse the City for it's costs to relocate cable television distribution lines for the construction of the Mary Avenue Bicycle Pedestrian Bridge Proj ect, Phase 1. BACKGROUND COMCAST owns and maintains cable television distribution lines that are suspended above ground on PG&E poles at the southerly edge of the north berm for the Mary Avenue Bridge. The lines are in the way of the construction of the north bridge tower, its foundation and the new sound wall, and must be relocated and run underground. The relocation is part of the scope of work for Phase 1. COMCAST will reimburse the City for the qualified expenses in accordance with the Municipal Code and Franchise Agreement. FISCAL IMPACT Adoption of this resolution will enable the City of Cupertino to relocate the COM CAST lines and receive reimbursement from COMCAST for those expenses. The cost of relocation is not expected to exceed $60,000. STAFF RECOMMENDATION Staff recommends that Council adopt Resolution No.Os-/31 authorizing the City Manager to execute an agreement with COMCAST, to reimburse the City for it's costs for the relocation of cable television distribution lines. Submitted by: Approved for submission: ~ David W. Knapp City Manager ~t£ff (J Uti Director of Public Works Printed on Recycled Paper I :z Q.. -t RESOLUTION NO. 05-131 DRAFT A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH COMCAST TO REIMBURSE THE CITY OF ITS COSTS TO RELOCATE CABLE TELEVISION DISTRIBUTION LINES FOR THE CONSTRUCTION OF THE MARY A VENUE BICYCLE PEDESTRIAN BRIDGE PROJECT IN AN AMOUNT NOT TO EXCEED $60,000 WHEREAS, COMCAST owns and maintains cable television distribution lines that are suspended above ground on Pacific Gas and Electric (PG&E) poles at the southerly edge of the north berm for the Mary Avenue Bridge; and WHEREAS, said distribution lines are in the way of the construction of the north bridge tower, foundation, and the new sound wall and must be relocated and run underground; and WHEREAS, COMCAST has agreed to reimburse the City up to $60,000 for the qualified expenses for the relocation in accordance with the Cupertino Municipal Code and Franchise Agreement. NOW, THEREFORE, BE IT RESOLVED, THAT the City Council of the City of Cupertino hereby authorizes the City Manager to execute an agreement with COMCAST to reimburse the City for its costs to relocate cable television distribution lines in conjunction with the construction of the Mary Avenue Bicycle Pedestrian Bridge. PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this 16th day of August, 2005, by the following vote: Vote Members of the Citv Council AYES: NOES: ABSENT: ABSTAIN: ATTEST: APPROVED: Mayor, City of Cupertino City Clerk I 2. a.. - :2- I £~?\i ;, ~"'1 ~=-----J . City Hall 10300 Torre Avenue Cupertino, CA 95014-3255 (408) 777-3354 FAX (408) 777-3333 F CUPEIQ1NO PUBLlC WORKS DEPARTMENT Summary AGENDA ITEM ¡.zb AGENDA DATE August 16.2005 SUBJECT AND ISSUE Adoption of Resolution No. 05-/3.2. authorizing the City Manager to negotiate and execute an agreement with PG & E to relocate overhead and underground electrical distribution lines for the construction of the Mary Avenue Bicycle Pedestrian Bridge Project, Phase 1. BACKGROUND PG&E owns and maintains electrical distribution lines that are suspended above ground on PG&E poles at the southerly edge of the north berm for the Mary Avenue Bridge. The lines are in the way of the construction of the north bridge tower, its foundation and the new sound wall, and must be relocated and run underground. The relocation is part of the scope of work for Phase 1. The City is obligated to incur the cost of relocation in this particular location since the PG&E lines are protected by an overhead easement that predates the City's right of way and the relocation will move the lines out of the easement and out of the right of way. FISCAL IMPACT Adoption of this resolution will enable the City of Cupertino, through the Phase 1 contract, to relocate the PG&E electrical distribution lines as a part of Phase 1 construction. The costs of approximately $300,000 will be fully covered by the project budget. STAFF RECOMMENDATION Staff recommends that Council adopt Resolution No. OS-/J,¡ authorizing the City Manager to negotiate and execute an agreement with PG&E to relocate overhead and underground electrical distribution lines as a part of Phase 1 construction for the Mary Avenue Bicycle Pedestrian Bridge Project. Submitted by: Approved for submission: ~ 7!:~'!us,~(Jurt Director of Public Works David W. Knapp City Manager Printed on Recycled Paper /21,-1 RESOLUTION NO. 05-132 DRAFT A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH PACIFIC GAS AND ELECTRIC COMPANY TO RELOCATE OVERHEAD AND UNDERGROUND ELECTRICAL DISTRIBUTION LINES FOR THE CONSTRUCTION OF THE MARY AVENUE BICYCLE PEDESTRIAN BRIDGE PROJECT WHEREAS, Pacific Gas and Electric Company (PG&E) owns and maintains electrical distribution lines that are suspended above ground on Pacific Gas and Electric poles at the southerly edge of the north berm for the Mary A venue Bridge; and WHEREAS, said distribution lines are in the way of the construction of the north bridge tower, foundation, and the new sound wall and must be relocated and run underground; and WHEREAS, the City is obligated to incur the cost of relocation in this particular location due to an overhead easement that predates the City's right-of-way; and NOW, THEREFORE, BE IT RESOLVED, THAT the City Council of the City of Cupertino hereby authorizes the City Manager to execute an agreement with PG&E to relocate electrical distribution lines in conjunction with the construction of the Mary A venue Bicycle Pedestrian Bridge. PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this16th day of August, 2005, by the following vote: Vote Members of the Citv Council AYES: NOES: ABSENT: ABSTAIN: ATTEST: APPROVED: City Clerk Mayor, City of Cupertino l2.b-2 ...."i '.~7 "./.,..~ · CUPEIQ1NO Parks and Recreation Department CITY COUNCIL STAFF REPORT Agenda Item Number Jl Agenda Date: August 16,2005 ISSUE Adopt three resolutions authorizing three grant applications to fund the Stevens Creek Corridor Project: · Proposition 50 - California River Parkways Grant Program · Proposition 117 - California Wildlife Protection Act of 1990 - Habitat Conservation Fund · Transportation Equity Act for the 21 st Century - Recreational Trails Program BACKGROUND Staff has identified three grant programs applicable to the Stevens Creek Corridor Park Project; the matches required range from 20 to 50 percent of the amount requested, but grant funds already received will qualify under the program match requirement guidelines. Please refer to the attached spreadsheet. Staff requests authorization to submit applications for funding in October - two of these grants carry an October 3, 2005, deadline and the third is due October 18. RECOMMENDATION Adopt three resolutions next in order authorizing application for funding for the Stevens Creek Corridor Park Project. Respectfully submitted: Approved for submission to City Council: --/)71. mV Therese Ambrosi Smith, Director Parks and Recreation Department ~ David W. Knapp, City Manager Printed on Recycled Paper 1]-/ Stevens Creek Corridor Grant Tracking Contact Name/Agency State Parks Office of Grants and Local SelVices Next Steps Expend money by Dee 02, then request reimbursement Complete Construction Conduct User Counts Reimbursement Deadline Receive Final Reimbursement by June 30, 2010 Expenditure Deadline Receive Final Reimbursement by April 30,2010 for adequate time to submi' 1/23/04 Grant Status Contract Executed Funding Request $833,600 Secured Funding Project Title Stevens Creek 1 - Grant Program Urban Park Act UP-43-002 Grant Awards State Parks Office of Grants and Local Services TBA ncurred within 5-Year period to be indicated in contract (pg. 27 of manual 6/28/05 and Contract Documents Match Match $80.000 above I Land and Water I SCCP. Phase Fund 06-01540 State Parks Office of Grants and Local Services State Parks Office of Grants and Local Services SCWJD Reimbursement 7/18/05 Reimbursement 7/18/05 Complete Planning and Environmental Compliance Documents Department of Contract to bel Water Resources for August 1. 2005 2005 manual: appropriat~ 2011 (pg. 5 of manual) 2004 to Sept. 6, 2007 (pg. 5 of contract) May 30. 2007 appropriation 2011 (pg. 10 of Contract Executed on 2123/04 $32,291 Design Construction Stevens Creek Corridor Park Harris Program C0209764 Per Capita Block Grant Program 02-43-009 Contract Executed on 2123/04 Contract Executed on ??1??104 $55,000 Design Construction Planning, Design andl$139,447 Stream Service Restoration Stevens Creek Corridor Park SCVWD Action Plan Funds $401,000 $401,000 Corridor Stream Restoration Streams Program SCVWD Match SCWJD of the grant award announcement contract execution date ~pg. 3 of manual Awards announced on June 2005 Funding Held up By Board of Sups $400,000 SCVWD I Stevens Creek Clean Safe Creeks Corridor Trail Contact NameJAgencï Next Ste"s Reimbursement Deadline Expenditure Deadline Status SubmiUed 4/29/05 Funding Request ~00,000.00 Pending Project Title Stevens Creek Trai Pari< Classroom Grant Applications Grant Program Land and Water Fund RZH Urbanized XU-43-o03 Trail Bl9I2oo5 Updated on unknown unknown SubmiUed 4/5105 SubmiUed 5/S/05 250,000.00 500,000.00 Stevens Creek Trai CupertinoGrantTrack.7 _19_05.xls ~ uJ \ 10 Stevens Creek Corridor Grant Tracking Applications Being Prepared for Submittal Grant Project Funding Expenditure Reimbursement Contact Program Title Request Status Deadline Deadline Application Notes Name/Agency Deer/Lion, R,E,T Species, Trails/Programs and AnadromousITrout to be Habitat funded În 2006/07, Requires Conservation 50% non-State Match, Needs Fund Proaram Deadline to aoolv - October 3 2005 CEQA with Aoollcatlon State Parks Needs CEQA with Application, Needs 20% Match, Awaiting Reauthorization by Congress, Approx. $2M Available Statewide in Past, If awarded Recreational Trails requires compliance with ProQram Deadiine to aODlv - October 3 2005 NEPA State Parks California River Parkways Proaram Deadline to saDlv - October 18 2005 State Parks CupertinoGrantTrack7 _19_05.xls 81912005 Updated on - W ~ Resolution No. 05-141 DRAFT A RESOLUTION OF THE CITY OF CUPERTINO, OF SANTA CLARA COUNTY, APPROVING THE APPLICATION FOR GRANT FUNDS FOR THE CALIFORNIA RIVER PARKWAYS GRANT PROGRAM UNDER THE WATER SECURITY, CLEAN DRINKING WATER, COASTAL AND BEACH PROTECTION ACT OF 2002 (PROPOSITION 50) FOR THE STEVENS CREEK CORRIDOR PARK PROJECT WHEREAS, the Legislature and Governor of the State of California have provided funds for the program shown above; and WHEREAS, the Resources Agency has been delegated the responsibility for the administration of this grant program, establishing necessary procedures; and WHEREAS, said procedures established by the State Resources Agency require a resolution certifying the approval of application( s) by the applicants governing board before submission of said application(s) to the state; and WHEREAS, the applicant, if selected, will enter into an agreement with the State of California to carry out the project NOW, THEREFORE, BE IT RESOLVED that the Cupertino City Council hereby: 1. Approves the filing of an application for the Stevens Creek Corridor Park Project, 2. Certifies that applicant understands the assurances and certification in the application, and 3. Certifies that applicant or title holder will have sufficient funds to operate and maintain the project consistent with the land tenure requirements; or will secure the resources to do so, and 4. Certifies that it will comply with the provisions of Section 1771.8 of the State Labor Code regarding payment of prevailing wages on projects awarded Proposition 50 Funds, and 5. If applicable, certifies that the project will comply with any laws and regulations including, but not limited to, legal requirements for building codes, health and safety codes, disabled access laws, and, that prior to commencement of construction, all applicable permits will have been obtained, and 6. Appoints the City Manager, or designee, as agent to conduct all negotiations, execute and submit all documents including, but not limited to applications, agreements, payment requests and so on, which may be necessary for the completion of the aforementioned project. 1'3 - L{ Resolution No. 05-141 Page 2 of2 PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this 16th day of August 2005, by the following vote: Vote Members of the Citv Council AYES: NOES: ABSENT: ABSTAIN: ATTEST: APPROVED: Mayor, City of Cupertino City Clerk [3-) Resolution No. 05-142 DRAFT A RESOLUTION OF THE CITY OF CUPERTINO, OF SANTA CLARA COUNTY, APPROVING THE APPLICATION FOR GRANT FUNDS FOR THE LOCAL AGENCY GRANT PROGRAM - FISCAL YEAR 2005/06 UNDER THE HABITAT CONSERVATION FUND PROGRAM OF THE CALIFORNIA WILDLIFE PROTECTION ACT OF 1990 FOR THE STEVENS CREEK CORRIDOR PARK PROJECT WHEREAS, the people of the State of California have enacted the California Wildlife Protection Act of 1990, which provides funds to the State of California for grants to local agencies to acquire and/or develop facilities for public recreational and fish and wildlife habitat protection purposes; and WHEREAS, the State Department of Parks and Recreation has been delegated the responsibility for the administration of a portion of the program within the State, setting up necessary procedures governing application by local agencies under the program; and WHEREAS, said procedures established by the State Department of Parks and Recreation require the applicant to certify by resolution the approval of application before submission of said application to the State; and WHEREAS, said application contain assurances that the applicant must comply with; and WHEREAS, the applicant will enter into an agreement with the State of California for acquisition or development of the project; NOW, THEREFORE, BE IT RESOLVED that the Cupertino City Council hereby: 1. Approves the filing of an application for the Habitat Conservation Fund Grant Program under the California Wildlife Protection Act of 1990 State grant assistance for the above project; and 2. Certifies that said applicant understands the assurances and certification in the application form; and 3. Certifies that said applicant has or will have available prior to commencement of any work on the project included in this application, the required match; and will have sufficient funds to operate and maintain the project; and 4. Appoints the City Manager as agent of the City of Cupertino to conduct all negotiations, execute and submit all documents, including, but not limited to applications, agreements, amendments, payment requests and so on, which may be necessary for the completion of the aforementioned project. I j-L Resolution No.: 05-142 Page 2 of2 PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this 16th day of August 2005, by the following vote: Vote Members of the Citv Council AYES: NOES: ABSENT: ABSTAIN: ATTEST: APPROVED: City Clerk Mayor, City of Cupertino 1'3-7 Resolution No. 05-143 DRAFT RESOLUTION OF THE CITY COUNCIL OF CUPERTINO, SANTA CLARA COUNTY, APPROVING THE APPLICATION FOR GRANT FUNDS FROM THE RECREATIONAL TRAILS PROGRAM FOR THE STEVENS CREEK CORRIDOR PARK PROJECT WHEREAS, the Transportational Equity Act For The 21st Century provides funds to the State of California for grants to state, local and non-profit organizations to acquire, develop and/or maintain motorized and non-motorized trail purposes; and WHEREAS, the State Department of Parks and Recreation has been delegated the responsibility for the administration of the program within the State, setting up necessary procedures governing project application under the program; and WHEREAS, said procedures established by the State Department of Parks and Recreation require the applicant to certify by resolution the approval of application(s) before submission of said application(s) to the State; and WHEREAS, the applicant will enter into an agreement with the State of California to complete the project; NOW, THEREFORE, BE IT RESOLVED that the Cupertino City Council hereby: 1. Approves the filing of an application for the Recreational Trails Program; and 2. Certifies that said applicant has or will have available prior to commencement of any work on the project included in this application, sufficient funds to operate and maintain the project; and 3. Appoints the City Manager as agent of the Cupertino City Council to conduct all negotiations, execute and submit all documents, including, but not limited to applications, agreements, amendments, payment requests and so on, which may be necessary for the completion of the aforementioned project. ¡7-'( Resolution No. 05-143 Page 2 PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this 16th day of August 2005, by the following vote: Vote AYES: NOES: ABSENT: ABSTAIN: Members of the City Council ATTEST: APPROVED: City Clerk Mayor, City of Cupertino {3-~ ~ CITY OF CUPEIQ1NO City of Cupertino 10300 Torre Avenue Cupertino, CA 95014 (408) 777-3308 FAX (408) 777-3333 Community Development Department Housing Services Summary Agenda Item No. ft Agenda Date: AUQust 16. 2005 Subject: Adopt a resolution accepting a Director's Deed of Real Property from the State of California, APN 362-31-004, located at the southeastern end of Cleo Avenue adjacent to Highway 85 in the City of Cupertino, Resolution No. 05- Recommendations: Adopt the resolution and authorize the City Manager to execute a Certificate of Acceptance on behalf of the City of Cupertino. Background: In March 2000, the California Department of Transportation (Caltrans) notified the City of Cupertino that it is disposing of excess property located on Cleo Avenue adjacent to Highway 85. Under California State law (Government Code §54220), Caltrans must first offer to sell the subject property to the City for affordable housing or park use. The City Manager's execution of the Certificate of Acceptance and the transfer of the remaining $553,500, is the final task that needs to be completed by the City to conclude the purchase transaction. Sixty one thousand five hundred dollars is currently on deposit with the State and will be credited to the purchase price of$615,000. The 11,938 sq. ft. parcel is currently zoned P(R-3), Planned Development, multi-family, with a land use designation of "medium to high density 10-20 d.u./acre". The zoning district allows a maximum of four units. In February 2005, the City Council authorized staff to enter into negotiations with the State of California Department of Transportation to purchase the property with a combination of CDBG program income, 2005-06 CDBG funds and Affordable Housing Fund money. Request for Proposals: When the property ownership is recorded in the City's name, staff will issue a request for proposals (RFP) to non-profit housing developers to develop the property. The City Council will make the final selection of the non-profit developer. Staff is exploring incorporating an adjacent home and a neighboring lot into the development site through a combination of land swapping, purchase with Affordable Housing Fund money or joint development. If these discussions prove fruitful, the staff will return to the City Council for final approval of the land purchases or agreement. I u.. '-- ( Adopt a resolution accepting a Director's Deed of Real Property from the State of Califonúa, APN Page 2 :\61-:\ 1-004, located at tb.e soutb.eastem end of Cleo AverlUe adjacent to Highway 85 in the City of Cupertino, Resolution No. 05- /33 Fiscal Impact: The following table illustrates the allocations from the CDBG accounts: Funding Source Amount Balance after Purchase CDBG Program Income $309,875.00 $102,416 2005/06 CDBG $243,625.00 $0 TOTAL $553,500.00 The following is a breakdown of the purchase price: Purchase nrice $615,000.00 Denosit on file with State -$ 61,500.00 TOTAL $553,500.00 PREPARED BY: Vera Oil, S nior Planner Steve Piasecki, Director of Community Development APPROVED FOR SUBMITTAL: ~æ David W. Knapp, City Manager Attachments: Resolution No. 05- i 33 Certificate of Acceptance Director's Deed Exhibit A of the Director's Deed 1lf.-2- DRAFr RESOLUTION NO. 05-133 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO ACCEPTING A DIRECTOR'S DEED OF REAL PROPERTY FROM THE STATE OF CALIFORNIA, APN362-31-004 LOCATED AT THE SOUTH EASTERN END OF CLEO AVENUE ADJACENT TO HIGHWAY 85 IN THE CITY OF CUPERTINO WHEREAS, the City has approved the acquisition of real property from the State of California Department of Transportation, APN 362-31-004, located at the south eastern end of Cleo Avenue adjacent to Highway 85; and WHEREAS, the State of California Department of Transportation has executed a Director's Deed which is in good and sufficient form granting to the City of Cupertino, County of Santa Clara, State of California, the fee title to that certain real property to be utilized for public purposes, situated in the City of Cupertino and more particularly described in Exhibit A, attached hereto and made a part hereof, located at the south eastern end of Cleo Avenue adjacent to Highway 85 in the City of Cupertino. NOW, THEREFORE, BE IT RESOLVED that the City of Cupertino accept said grant so tendered; and BE IT FURTHER RESOLVED that the City Manager is hereby authorized to execute the Certificate of Acceptance of the property on behalf of the City of Cupertino. PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino on the 16th day of August 2005, by the following vote: Vote Members of the Citv Council AYES: NOES: ABSENT: ABSTAIN: ATTEST: APPROVED: Mayor, City of Cupertino City Clerk 1~-3 CERTIFICATE OF ACCEPTANCE This is to certify that the interest in real property conveyed by Director's Deed by the State of California, Department of Transportation, dated July 18, 2005 , to the City of Cupertino, grantee, a governmental agency (under Government Code Section 27281), is hereby accepted by the undersigned officer on behalf of the Grantee, pursuant to authority conferred by resolution of the City Council on August 16.2005. GRANTEE: City of Cupertino By: Title: City Manager Authorized Representative Date: August 17.2005 ( y. -l{ ,"' COpy Documentary Transfer Tax: $0.00 No Fee Per Government Code Section 6103 Space above this line for Recorder's Use JUL': ..; 2005· ~ 03 District County Route 1'0it Number 4 SC1 85 16.0 1)1).020832.01-01 (020832.01.01,020833.01-01,020834-01-01,059767-02.01) DIRECTOR'S DEED The STATE OF CALIFORNIA, acting by and through its Director of Transportation, does hereby grant to CffY OF CUPERTINO. a California Muuicipal Corporation all that real property in the State of California, described as: City of Cupertino . County of Santa Clara Please see EXHIBIT "A" attached. MAIL TAX STATEMENTS TO: DOCUMENTARY TRANSFER TAX $ 0.00 I8!COMPUTED ON FULL Vi\LUE OF PROPERTY CONVEYED,OR DCOMPUTED ON FULL VALUE LESS LIENS & ENCUMBRANCES REMAINING THEREON AT TIME OF ~~<;''''' (~e-_ Signature of declarant or agent d CI OF CUPERTINO o Unincorporated Form RW 6-1(S) (Revised 01/00) [I.{ -5" Nwnber DD-0'20ß'j'2-01-0l EXIÐBIT "A" . A portion of Cleo Avenue (46.48 feet wide) as described in PARCEL 1 in the Relinquishment No. 40230 to the City of San Jose recorded January 28, 1970 in Book 8813, Page 14, Official Records of Santa Clara County and portions of those parcels of land described in the deeds to the State of California recorded as follows: State Deed No. 20832 20833 20834 Recording Date OS/28/1959 . 10/14/1958 08/03/1959 Volume 4432 4199 4500 Page 25 471 526 all of Official Records of Santa Clara County, more particularly described as follows: COMMENCING at the Southeasterly terminus of that certain course described as "S. 35°23'09" E., 148.00 feet" in that Director's Deed DD-020838-01-01 recorded February 13, 1998 under Recorder's Serial No. 14052911, Official Records of Santa Clara County; thence along the Southeasterly prolongation of said course, South 35°23'09" East, 186.58 feet; thence South 72°21'32" East, 43.63 feet; thence South 37°21'17" East, 17.39 feet to the Southerly line of said parcel (State Deed No. 20832); thence along last said line and the Southerly lines of said parcels (State Deed No. 20833 and 20834), North 89°08'42" West, 167.63 feet to the Westerly line of said parcel (State Deed No. 20834); thence along last said line and its Northerly prolongation, North 00°51'10" East, 145.05 feet; thence North 47°16'03" West, 16.28 feet to the curve with a radius of 30.13 feet described in SEGlVIENT 1 in the Relinquishment No. 56062 to the City of Cupertino recorded December 23,2004 under Recorder's Serial No. 18159783, Official Records of Santa Clara County; thence along said curve, from a tangent that bears North 29°44'22" East, along a curve to the left with a radius of 30.13 feet, through a central angle of 40°54'55", an arc length of 21.52 feet to the general Southerly line of that parcel of land described in said Director's Deed; thence along last said line, South 89°08'42" East, 13.84 feet to the Point of Cornmencement. EXCEPTING THEREFROM that portion of the above-described parcel of land lying within the bounds of said Cleo Avenue (46.48 feet wide). CONT AIN!NG 11,938 square feet, more or less. ALSO, the State of California, acting by and through its Director of Transportation, does hereby remise, release and quitclaim unto the hereinabove named grantee, all right, title and interest in and to said exception to above described real property, lying within the bounds of said Cleo Avenue (46.48 feet wide). CONTAIN!NG 1,275 square feet, more or less. {\.{~ Number DD-020832-01-01 -2- There shall be no abutter's rights of access appurtenant to the above-described real property in and to the adjacent State freeway. RESERVING unto the State of California, its successors or assigns, an EASEMENT for storm drain purposes with the right to construct, place, inspect, maintain, replace and remove facilities consisting of storm drain lines, fixtures and appurtenances, together with the right of ingress thereto or egress therefrom, upon, over, under, and across all that real property described as follows: COMMENCING at the Southeasterly tenninus of that certain course described as "S. 35°23'09" E., 148.00 feet" in that Director's Deed DD-020838-01-01 recorded February 13, 1998 under Recorder's Serial No. 14052911, Official Records of Santa Clara County; thence along the Southeasterly prolongation of said course, South 35°23'09" East, 186.58 feet; thence South 72°21 '32" East, 43.63 feet; thence South 37°21' 17" East, 17.39 feet to the Southerly lioe ofsaid parcel (State Deed No. 20832); thence along last said line, North 89°08'42" West, 19.09 feet to a line parallel with and distant 15.00 feet Southwesterly, measured at right angles from the course described above with the length of 17.39 feet; thence along last said parallel line, North 37°21' 17" West, 0.85 feet to a line parallel with and distant 15.00 feet Southerly, measured at right angles from the course described above with the length of 43.63 feet; thence along last said parallel line, North 72°21 '32" West, 43.91 feet to a line parallel with and distant 15.00 feet Southwesterly, measured at right angles from the course described above with the length of 186.58 feet; thence along last said parallel line, North 35°23'09" West, 193.46 feet to the curve with a radius of 30.13 feet described in SEGMENT 1 in the Relinquishment No. 56062 to the City of Cupertino recorded December 23, 2004 under Recorder's Serial No. 18159783, Official Records of Santa Clara County; thence along last said curve, from a tangent that bears North 02°55'11" East, along a curve to the left with a radius of 30.13 feet, through a central angle of 14°05'44", an arc length of 7.41 feet to the general Southerly line of that parcel ofland described in said Director's Deed; thence along last said line, South 89°08'42" East, 13.84 feet to the Point of Commencement. CONTAINING 3,693 square feet, more or less. The bearings and distances used in the above descriptions are on the California Coordinate System of 1927, Zone 3. Multiply the above distances by 1.0000537 to obtain ground level distances. {l(-7 --. Number DD-020832-01-01 -3- This real property description has been prepared by me, or under my direction, in conformance with the Professional Land Surveyors Act. Date ¡j.s I :zooS Signature LiC~eYOr II...( -8 Number PP-020832-01-01 Subject to special assessments if any, restrictions, reservations, and easements of record. This conveyance is executed pursuant to the authority vested In the Director of Transportation by law and, in particular. by the Streets and Highways Code. IW1. WITNESS mùand and the seal of the Department of Transportation of the State of California, this ~ -- day of fi-r"'"'ï 20 ø? . STATE OF CALIFORNIA DEPARTMENT OF TRANSPORTATION APPROVED1\SIO-F RM P EDURE Ii ~ Dlr Ion B't~ R. A. MACPHERSON Attorney in Fact Deputy District Director - Right of Way ,.,. ATTORNEY CEPARTMENT OF TRANSPORTATION STATE OF CALIFORNIA } .I_u . ,~ SS Countyo! ~ On this the !:/!! day of .--11u~ 20 ~. before me, personallyappearedR. A. m'cl('~:\(')Ñ PERSONAL ACKNOWLEDGMENT :)UNNI'e. S'~toN . IV o~ìC Name,TlUeoIOfficer-E.G., "Jane DOe, Notary ubac" Name of Signer o personally known 10 me ;8( proved to me on the basis of satisfactory evidence_ JR...be the person whose name Is subscribed to the within Instrument and acknowledged to me that t'hershe executed the same In _ ~er authorized capacity, and !hat by @her slgnabJ'" on the lns1rument the person, ~ upon beha~ 01 which the person acted. executed the Instrument. J------------~ . SUNNIESTANTON _ Commission' 1341873 ¡. Notary Public: - California ~ ·,¡a"rlt!-da County My Cr..nm_ Expi..... Jan 31. 2006 (fornotarysealorstarrp) THIS is TO CERTIFY that the California Transportation Commission has authorized the Director of Transportation to execute the-foregoing deed at its meeting regularly called and held on the 14th day of July 2005, in the City of San Diego. Dated this 18th day of July 2005. !1w ~itdm DIANE C. EIDAM, Executive Director CALiFORNIA TRANSPORTATiON COMMISSION Form RW 6-1 (5) (ReVIsed 02105) ILl. - ~ I F CUPEIQ1NO City Hall 10300 Torre Avenue Cupertino, CA 95014 (408) 777-3212 F:n° ~A.OR~ 777_':\1(\(\ OFFICE OF THE CITY MANAGER SUMMARY AGENDA ITEM NUMBER IS-o-.. SUBJECT AND ISSUE AGENDA DATE August 16.2005 Application for Alcoholic Beverage License. BACKGROUND 1. Name of Business: Location: Type of Business: Type of License: Reason for Application: RECOMMENDATION Lucy's Café 21670 Stevens Creek Boulevard (Formally Tory's Restaurant near the intersection of Stevens Creek Boulevard and Imperial Avenue) Restaurant On-Sale General for Bona Fide Public Eating Place Premise-to-Premise Transfer There are no use permit restrictions or zoning restrictions which would prohibit this use and staff has no objection to the issuance of the license. Prepared by: G: IPlanninglMISCELL IABClabclucyscafe.doc Submitted by: ~ David W. Knapp City Manager Printed on Recycled Paper ()~ -I State of California Department of Alcoholic Beverage Control APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE(S) ABC 2] I (6/99) TO: Department of Alcoholic Beverage 100 Paseo de San Antonio Room 119 San Jose, CA 95113 (408) 277-1200 DISTRICT SERVING LOCATION: First Owner: Name of Business: Location of Business: County: Is premise inside city limits? Mailing Address: (If different from premises address) Type of license(s): 47 Transferor's license/name: Control File Number: 429282 Receipt Number: 1527362 Geographical Code: 4303 Copies Mailed Date: August 3, 2005 Issued Date: SAN JOSE OVERSEAS INC WcYŠ CAFE 21670 STEVENS CREEK BLVD CUPERTINO, CA 95014 SANTA CLARA Yes Census Tract 5077.01 339726 / OVERSEAS INC Dropping Partner: Yes No Fee Type Master J2!L¡¡ o Date Fee $100.00 $100.00 License Type Transaction Type y 47 ON-SALE GENERAL) PREMISE TO PREMISE mANS P40 08/03/05 Total Have you ever been convicted of a felony? No Have you ever violated any provisions of the Alcoholic Beverage Control Act. or regulations of the Department pertaining to the Act? No Explain any "Yes" answer to the above questions on an attachment which shall be deemed part of this application. Applicant agrees (a) that any manager employed in an on-sale licensed premise will have all the qualifications of a licensee, and (b) that he will not violate or cause or permit to be violated any of the provisions of the Alcoholic Beverage Control Act. STATE OF CALIFORNIA County of SANTA CLARA Date: August 3, 2005 Under penalty of perjury, each person whose signature appears below, certifies and says: (I) He is an applicant. or one of the applicants. or an executive officer of the applicant corporation, named in the foregoing application, duly authorized to make this application on its behalf; (2) that he has read the foregoing and knows the contents thereof and that each of the above statements therein made are true; (3) that no person other than the applicant or applicants has any direct or indirect interest in the applicant or applicant's business to be conducted under the license(s) for which this application is made; (4) that the transfer application or proposed transfer is not made to satisfy the payment of a loan or to fulfill an agreement entered into more than ninety (90) days preceding the day on which the transfer application is filed with the Department or to gain or establish a preference to or for any creditor or transferor or to defraud or injure any creditor of transferor; (5) that the transfer application may be withdrawu by either the applicant or the licensee with no resulting liability to the Department. Applicant Name(s) OVERSEAS INC - ØQ.< 'ck.R 5Èue; r~-~ fjQ..- ;J... f~1 (j'~ p, jt.'~ ::::J ITY F CUPEIQ1NO City Hall 10300 Torre Avenue Cupertino, CA 95014 (408) 777-3212 F::IY' ~.:10R~ 777_11(\(\ OFFICE OF THE CITY MANAGER SUMMARY AGENDA ITEM NUMBER J S Þ SUBJECT AND ISSUE AGENDA DATE August 16. 2005 Application for Alcoholic Beverage License. BACKGROUND 1. Name of Business: Location: Type of Business: Type of License: Reason for Application: RECOMMENDATION Oakmont Market 19944 Homestead Road (Existing restaurant near the intersection of Homestead Road and N. Blaney Avenue) Restaurant Off-Sale Beer and Wine Person-to-Person Transfer There are no use permit restrictions or zoning restrictions which would prohibit this use and staff has no objection to the issuance ofthe license. Prepared by: ~~~ Submitted by: W{ David W. Knapp City Manager G: IPlanninglMISCELL IABClabcoakmontmarket, doc Printed on Recycled Paper I)b-¡ State of California Department of Alcoholic Beverage Contro] APPLICA nON FOR ALCOHOLIC BEVERAGE LICENSE(S) ABC 211 (6/99) TO: Department of Alcoholic Beverage 100 Paseo de San Antonio Room 119 San Jose, CA 95113 (408) 277-1200 DISTRICT SERVING LOCATION: First Owner: Name of Business: Location of Business: County: Is premise inside city limits? Mailing Address: (If different from premises address) Type of license(s): 20 Transferor's license/name: Control File Number: 428185 Receipt Number: 1523316 Geographical Code: 4303 Copies Mailed Date: July 1, Issued Date: 2005 SAN .JOSE UN WILLIAM CHAIKLEP OAKMONT MARKET 19944 HOMESTEAD RD CUPERTINO, CA 95014 SANTA CLARA Yes Census Tract 5081. 0 1 389912 I NGUYEN TO THI Dropping Partner: Yes_ NoL Fee License TVDe Transaction Tvpe Fee Tvpe Master DUD ~ 20 OFF-SALE BEER ANI PERSON TO PERSON TRANSF NA y 0 07/01105 20 OFF-SALE BEER ANI ANNUAL FEE NA y 0 07/01/05 20 OFF-SALE BEER ANI STATE FINGERPRINTS NA N 2 07/01/05 Total $50.00 $220.00 $78.00 $348.00 Have you ever been convicted of a felony? No Have you ever violated any provisions of the Alcoholic Beverage Control Act, or regulations of the Department pertaining to the Act? No Explain any "Yes" answer to the above questions on an attachment which shall be deemed part of this application. Applicant agrees (a) that any manager employed in an on-sale licensed premise will have all the qualifications of a licensee, and (b) that he will not violate or cause or permit to be violated any of the provisions of the Alcoholic Beverage Control Act. STATE OF CALIFORNIA County of SANTA CLARA Date: July 1,2005 Under penalty of perjury, each person whose signature appears below, certifies and says: (1) He is an applicant, or one of the applicants, or an executive officer of the applicant corporation, named in the foregoing application, duly authorized to make this application on its behalf; (2) that he has read the foregoing and knows the contents thereof and that each of the above statements therein made are true; (3) that no person other than the applicant or applicants has any direct or indirect interest in the applicant or applicant's business to be conducted under the licensees) for which this application is made; (4) that the transfer application or proposed transfer is not made to satisfy the payment of a loan or to fulfill an agreement entered into more than ninety (90) days preceding the day on which the transfer application is filed with the Department or to gain or establish a preference to or for any creditor or transferor or to defraud or injure any creditor of transferor; (5) that the transfer application may be withdrawn by either the applicant or the licensee with no resulting liability to the Department. Applicant Name(s) LIN WIlLIAM CHAIKLEP OUY ANG KAREN KHIN APPlic.ant Si~yt.~fe(s) j. / L 'f tv ( (Ít--CJ./ ~i\. ' r ICo<~ v--y~ ITb-J. I F CUPEIQ1NO PUBLIC WORKS DEPARTMENT Summary AGENDA ITEM /10 AGENDA DATE AU2ust 16. 2005 SUBJECT AND ISSUE Adoption of Resolution No. 05- 13V , authorizing the City Manager to negotiate and execute an amendment to the agreement with the Cupertino Union School District (CUSD) and the Cupertino Schools Public Facilities Financing Corporation pertaining to Maintenance and Improvement of certain Open Space Areas within Certain School Sites to provide for a an annual payment by CUSD of$45,000 to help defray and offset the inflationary costs of this agreement and authorizing the City to receive funds from CUSD for that purpose. BACKGROUND The Cupertino Union School District (CUSD) and the City entered into an agreement for the maintenance and improvement of various elementary and middle school sites in April of 1991. This 25-year agreement (ending in June 2016) was intended to provide maintenance and improvements of the school playfields by the City in exchange for the use of these playfields by City residents and others for sports activities within the City of Cupertino. Since that time, and under a periodic review of the costs of this effort by the City, it is clear that since the agreement was approved the inflationary costs of maintenance has now resulted in an annual cost to the City of approximately $1,000,000. Inflation for this kind of construction and maintenance work runs between 3-5% annually. In discussions with the school district, it was suggested that CUSD help offset these inflationary costs in the future by a small contribution built into the agreement for the remaining period. Staff has suggested that a sum representing 4.5% of the current costs of the maintenance agreement be set as the contribution, which would be approximately $45,000 annually. In recognition of the many contributions the city makes in support of the CUSD schools such as pedestrian safety, signage, etc., in addition to the maintenance and improvement of the ball fields, the CSUD staffhas agreed with this proposal. FISCAL IMPACT Since the agreement amendment with CUSD will require that CUSD provide the funding for an annual inflationary increase of the cost of maintaining the school sites, there will be positive fiscal impact on the City of Cupertino in the amount of $45,000 through June of2016. Printed on Recycled Paper ,~ -I STAFF RECOMMENDATION Adoption of Resolution No. 05- J 3 y. , authorizing the City Manager to negotiate and execute an amendment to the agreement with the Cupertino Union School District (CUSD) and the Cupertino Schools Public Facilities Financing Corporation pertaining to Maintenance and Improvement of certain Open Space Areas within Certain School Sites to provide for a an annual payment by CUSD of $45,000 to help defray and offset the inflationary costs of this agreement and authorizing the City to receive funds from CUSD for that purpose. Submitted by: ~~~t:JUél Director of Public Works AP~bmission: David W. Knapp City Manager (0 -2 RESOLUTION NO. 05-134 DRAFT A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE AN AMENDMENT TO THE AGREEMENT WITH THE CUPERTINO UNION SCHOOL DISTRICT AND THE CUPERTINO SCHOOLS PUBLIC FACILITIES FINANCING CORPORATION PERTAINING TO MAINTENANCE AND IMPROVEMENT OF CERTAIN OPEN SPACE AREAS WITHIN CERTAIN SCHOOLS; PROVIDING FOR AN ANNUAL PAYMENT BY CUPERTINO UNION SCHOOL DISTRICT TO HELP DEFRAY AND OFFSET INFLATIONARY COSTS AND AUTHORIZING THE CITY TO RECEIVE SAID FUNDS WHEREAS, the City of Cupertino and the Cupertino Union School District (CUSD) entered into an agreement in April 1981 for maintenance and improvement of various elementary and middle school sites; and WHEREAS, inflationary costs of maintenance and construction have resulted in a 3-5% annual increase in the cost to the City; and WHEREAS, in recognition of the many contributions the City makes in support of CUSD, the District staff has agreed to a proposal to offset inflationary costs by making an annual contribution of 4.5% ofthe current costs of the maintenance agreement. NOW, THEREFORE, BE IT RESOLVED, THAT the City Council of the City of Cupertino hereby authorizes the City Manager to negotiate and execute an amendment to the "Agreement with the Cupertino Union School District and the Cupertino Schools Public Facilities Financing Corporation Pertaining to Maintenance and Improvement of Certain Open Space Areas Within Certain School Sites" to provide for an annual payment by Cupertino Union School District to help defray and offset inflationary costs. BE IT FURTHER RESOLVED, THAT the City Council authorizes the City to receive said funds for Cupertino Union School District for said purpose. PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this16th day of August, 2005, by the following vote: Vote Members ofthe Citv Council AYES: NOES: ABSENT: ABSTAIN: ATTEST: APPROVED: City Clerk Mayor, City of Cupertino (~- J 10300 Torre Avenue Cupertino, CA 95014 (408) 777-3308 FAX (408) 777-3333 CITY OF CUPEIQ1NO Community Development Department SUMMARY AGENDA NO. 11 AGENDA DATE August 16, 2005 SUBJECT: General Plan update, Application Nos. GPA-2004-0l and EA-2004-17, City of Cupertino, Citywide. RECOMMENDATION: Staff recommends that the City Council discuss the General Plan issues in the following order, starting with the more significant issues: 1. Development Allocations ~ Major differences among recommendations ~ Effect of reduction of office potential on existing companies 2. Heights ~ Major differences among recommendations and building heights needed for typical high volume, high quality retail buildings 3. Economic Development ~ Ensure fiscal benefits of all new development 4. Parks/Trails 5. Circulation/Pedestrians 6. Other Items 1, 2 and 3 are recommended for discussion at this meeting. ~ Staff recommends setting a special meeting date for August 30 (see recommended schedule below) BACKGROUND: The Draft General Plan and accompanying documents were distributed to the City Council prior to its July 19, 2005 meeting. The meeting consisted of a general introduction of the recommendations of the Planning Commission, and comments and questions from the City Council and members of the public. Council issues requiring additional information are discussed below. Please bring your General Plan binders to Tuesday's Council meeting. DISCUSSION: 1) Development Allocations Exhibit A provides the development allocations for commercial, office, hotel and residential development. Committed development is shown for each land use. Printed on Recycled Paper 17~{ General Plan August 16, 2005 Page 2 Issues raised by the City Council related to development allocations are: Maior differences among recommendations: The Hot Topic Summary in the General Plan binder compares the potential development allocations of the Task Force Draft, Existing General Plan, Administrative Draft and Planning Commission recommendation. The significant differences are: Commercial/Office: The Administrative Draft lowered the commercial potential from the existing General Plan. The rationale was to improve the jobs/housing balance and recognize the lack of market demand for significant commercial development. Staff is satisfied with the Planning Commission recommendation, which retains commercial potential at the existing General Plan level, and lowers the office potential to improve the jobs/housing balance, and the market place will dictate how much commercial square footage is actually built. Additionally, the office pool will be replenished should the Council allow the change of functionally obsOlete industrial buildings. The square footage of this space would be placed back into the office pool for new "state-of the art" office uses. This is discussed in more detail in a subsequent section. Hotel: The Planning Commission recommendation and Task Force Draft reduce, as compared to the existing General Plan, the hotel room potential to the number of rooms currently built or committed. Therefore, future hotel space could only occur at Valko Fashion Park because their development agreement locks in hotel rooms from the 1989 General Plan. Staff recommends that the number of potential hotel rooms be increased by at least 150 rooms to accommodate potential hotel development in other areas. Residential: The Planning Commission recommendation and the Administrative Draft increased the residential potential above the existing General Plan. The rationale is to balance the jobs/housing ratio for new development and to provide a greater supply of housing (by 631 units) than the existing General Plan. The time period for the existing General Plan residential potential is until 2006, so the new General Plan reflects residential demand for a longer timè period. Also, residential is an "economic engine" that can ensure viable commercial uses or otherwise attain fiscal objectives Staff recommends that the City Council consider increasing the number of units for the following reasons: ~ All new development must demonstrate that it is a fiscal benefit to the City ~ All new development will demonstrate that there are no significant environmental impacts ~ Property owners have requested flexibility, to include residential uses in mixed-use developments or to convert obsolete office/industrial properties to residential ~ Conversion policies will ensure maintenance of cohesive commercial and office centers ~ Proposed residential units from HP /Toll, Valko Fashion Park exceed the recommended potential in Valko Park South Recommended increases are shown below: 17-2- General Plan August 16, 2005 Page 3 AREA 2005 BUILT PLANNING PLANNING RECOMMENDED TOTAL UNITS COMMISSION COMMISSION POTENTIAL BUILDOUT POTENTIAL TOTAL Valko Park 311 300 611 600 911 South (Toll Brothers 400 Valleo Fash. Park 156) Valko Park 551 200 751 400 951 North (Morely 131 North Tantau 255) Bubb Road 0 0 0 150 150 TOTAL 862 500 1,362 U50 2,012 FOR 3 SUBAREAS TOTAL 21,097 1,903 23,000 2,553 23,650 CITYWIDE Effect of reduction of office potential of on existing: companies Potential office square footage would be reduced from 9,292,000 square feet in the existing General Plan to 8,836,952 square feet, a reduction of approximately 455,000 square feet. This leaves a potential of approximately one million square feet of office space, of which approximately 500,000 square feet are committed including built, approved, or in the HP Development Agreement. The two areas with significant office potential are Valko Park North and North De Anza Blvd. In the Valko Park North area, Hewlett Packard has 125,000 square feet of the committed office space, due to their Development Agreement. In the North De Anza Blvd. area, where Apple Computer is located, there is a potential of approximately 218,000 square feet. Apple Computer does not have a "right" to this square footage, but could theoretically access it through a development application, assuming it has not been granted to another applicant. Additional potential office square footage will be created if conversions of office space to residential uses are approved. For example, the following developments would return over 500,000 square feet of office square footage to the office allocation "pool": Proiect Name Sobrato/Morely development Taylor Woodrow project Office/Ind. parcels on north Tantau (potential conversion - see Exhibit B) TOTAL Square Footage 104,680 175,000 260,000 539,680 /7 - 3 General Plan August 16, 2005 Page 4 Between the development allocation and conversion square footage, staff believes there is adequate square footage for companies wishing to expand. However, to help ensure that Cupertino's major companies have expansion opportunities, a new policy could be added to the General Plan draft (page 2-35): Policv 2-xx: Major companies Prioritize expansion of office space for existing major companies in Cupertino. Retain a pool of 150,000 square feet to be drawn down by companies with 1,500+ employees or companies with City corporate headquarters. New office development must demonstrate that the development positively contributes to the fiscal well being of the City. 2) Building Heights Maior differences among recommendations Staff believes the only area with height issues is Valko Park South. The Planning Commission recommendation for Valko Park South is 60 feet if mixed use, otherwise 45 feet. The City Council asked for information about the height of typical high volume, high quality retail buildings such as Borders in Sunnyvale and Crate and Barrel in Santana Row. The height of the Borders building in Sunnyvale is 50 feet to the roof and 63 feet to the tower, and Borders at Santana Row is approximately 60 feet (see Exhibit C). The proposed height of 60 feet for a similar building on the vacant Hewlett Packard property should be adequate to accommodate a high volume retail store. 3) Economic Development The proposed general plan should insist that new development positively contribute to the City in terms of open space and fiscal resources. A modification to an existing policy would help ensure the fiscal benefits of all development. Policy 2-42 affecting office development could be amended as shown below: Policy 2-42: Retail Sales and Office Development In reviewing office development proposals, encourage office uses and activities that generate significant revenues to the City, such as local sales offices, capturing point of sale internet transactions and business to business tax revenues. New office development exceeding 50,000 square feet shall be approved only if one of these or similar benefits are provided. REMAINING SCHEDULE: The recommended remaining schedule is: August 30 Special meeting date - discuss remaining issues September 6 Draft EIR and preliminary amendments to General Plan September 20 Approval of final General Plan and EIR fì~L( General Plan August 16, 2005 Page 5 Enclosures: Exhibit A - Table 2A, Development Allocation Table Exhibit B - East of Tantau Avenue, Potential Conversion Area Exhibit C - Photographs of Borders Submitted by: Approved by: d;7:t4~~-lékJ Steve Piasecki Director of Community Development ~ David W. Knapp City Manager g:pdreportl eel CCGP A-2004-01 f7~) 15 o J! ':; 00 - 1§ . ë '6 ~ .,,15 0("" ~'" 0'- o ~ ",00 v5o.=: ~ 0'- o ~ ",00 15 o :!2 'S 00 - <'J1 ..,:0; ~ O:g:=.=. = 00 ~ ~ ~"'OO ¡;,;¡ '" 0 '" 00'- =~Æ 15 o :!2 'S 00 - ¡" '" - I;:g'ã I....:.NII:I l!2_ ",:;:: u ~ _00 ,,"0 ,,"0 og "" I'- NOOOt;., Ot'--Nt-- O"\-N- o I'- 0 OOOON . 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Bê~ "'0..88 ~ 0 N .~ r.J..( ~:§§ 8BII1 ~"'O< _ ~ h ~"'O~ 11)ã"O æ en:9 ::I tI~ g~.g o ë.... ':;: 2 0 ~<E o::¡ Ê o~ E .~ ~ '''::: ~ ~:E o fJ)...... 50;;1 ~f:<0 {7-{p :I ZONING EXßIßIT EXHIBIT B ~ §ffiIffif§ §Effi NORTH V ALLCO PARK SPEOALCENTER I~A sa CG i"~ ML '.."'~À HOP os I::IP I5Þ~E E3R1 R1C "V'·R2 _R3 Iii~~~ntial Conversion Area ~ GIS N Â LEGEND /ì-7 '...."'... 111',", ,,1' J,,',\i ....-': ",.. ~_...- -< , pI'1\, Borders, Santana Row Height: 60 feet ,...~~:;;,-,. -. [7-1 July 22, 2005 Honorable Mayor Patrick Kwok and Distinguished Members of the City Council City of Cupertino 10300 Torre Avenue Cupertino, CA 95014 Re: 10700/10710 and 10670 North Tantau Dear Mayor Kwok and City Council Members: Attached please find site plans and elevations (preliminary) for the conversion of our property, at the corner of North Tantau and Pruneridge, from manufacturing to residential. We have two 30+ year old obsolete manufacturing/R&D buildings that soon will be vacant. Having little prospect of releasing such antiquated space, we believe we can transform our three and one half acre site to a vibrant new community of 87 units. This number is based upon the preliminary draft of the General Plan Amendment stating 25 units/acre for the North Tantau area. By saving the trees that border our site with adjacent existing residential homes, we can create an open inviting environment instead of soon to be vacant tired buildings in an area of high vacancy, which will become worse by the advent of the H.P. layoffs. Our proposed conversion would have no negative impact on the schools as we are in the Santa Clara school district and not the Cupertino Union School District. Weare hopeful that as part of the General Plan Amendment, more than 200 housing units will be planned for this North Tantau area. We would plan to bring these housing units to the market as soon as possible and thereby contribute to Cupertino's progress at stabilizing the jobs/housing imbalance. Our existing two building 45,000 SF project, could free up square footage for other areas better suited for future office development. We respectfully request that our 10700/10710 and 10670 North Tantau property be allowed to convert to the 25 unit per acre residential use and that sufficient units (a minimum of 300) be allowed in the aging North Tantau area. Sincerely, T ANT AU BUILDING ASSOCIATES ~ Managing Member é.GJ Brad Lyman Managing Member cc: City Clerk Steve Piasecki 7f221051:IOPMoMayorKwokLetter.doc 17-{O I- I I Il U ~I w ~ / ¡I / ~I-!-- .¡:, .. '~ I . , Z I 1 ! c >-' ~ C!:: 1 ü jg ø « C:C:5-<;f ~I;â~~ §I tI +1 tI (/)1 " .. £;- will ¡,j'ê !=¡¡'gQ) U)¡<C:JO o ! ./ I ¡ · , · ' I · , tiC ....... 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() o '" '" -< 01) ¡:¡ ..... ~ - ..... ;::I ~ ;::I" ro~ ~8 s::~ ro~ L.,0 t""""'" L J /1--[ ( Page lof5 Kimberly Smith From: Bullock, Mike [mike.bullock@lmco.com] Sent: Monday, August 08, 2005 5:56 PM To: City Clerk Subject: August16thCounciIMeetinglnfo(Cashout) Mayor Kwok and Members of the Council, Thank you for allowing me to make my 3-minute presentation on July 19th. I got through 6 of the 7 charts that I had prepared. I hope that I made enough sense for you to be sufficiently interested in cashout that you were able to find the time to read the items that I got into your July 19th Meeting Packet. They are the following 3 items, 1.} My Email, including my original Email to the Planning Commission, as attached below, introducing and defining cash out 2.) My 14 Cashout charts, providing rational and a summary of the best data available on what happens when employees are offered cash to not drive to work 3.) The Patrick Seigman Article on Cashout, which is fun to read and provides the references for the data in my 14 Cashout charts (Item 2.) For your August 16th meeting, the only item I have for your packet, besides this email, is a set of 7 charts. They are almost identical to the 7 charts I attempted to present at your last meeting, The presentation by Councilmember James, where she mentioned how fast things are changing, caused me to realize that my reference to an on-site photo developing service was pretty dated, given the growing popularity of digital cameras. So I removed it. The only other change I made was to improve my recommended wording change to "Strategy 2, TSM" of the Circulation Element, by adding a sentence which makes the point that cashout will encourage walking, biking, carpools, and transit use, As I see it, there are now two cashout choices for you to consider. 1.} Accept the Strategy 2 cashout wording that was brought forward from the Planning Commission: Encourage TSM programs for employees in both the public and private sectors by including preferred parking for carpools, providing bus passes, encouraging compressed workweeks ;nd offering parking c_ashouts. The problem with this choice is that the words mean practically nothing, The reason that they mean practically nothing is that there is no subject to match with the verb "encourage" and the phrases "by including, . . ", "by providing. . , ", "ecouraging compressed workweeks", and the new phrase, "offering parking cashouts". It begs the question, what entity will actually do these things? A reader might assume that the City will take these actions, But that would only be an assumption. Besides, even if that were true, why would that encourage other employers to follow suit? What would be their motivation? Your second choice is to actually create a new choice for all of the employers in our city, The new choice will encourage all of the desired results, Specifically I see the following as your best option. 2,} Recommend the Strategy 2 cashout wording: Encourage Employee Cashout Programs by amending the Cupertino Parking Ordinance (witllin 1 year) with 1J a definition of employee CII$hout, 2.) a sCh,dule of parking lot size reductlon$ as a fUJlctiol'! of amount paid, and 3.) legal protections to ensure sufficient parking in all case!!. Note IlIat Cashout will increase walking, biking, carpools, and transit use. 8/9/2005 fl-(2- Page 2 of5 Well, I have to admit that there is still no explicit subject. But there can really be no doubt that the City will take the action. Only the City can amend its Offstreet Parking Ordinance. This is where the City takes advantage of the fact that it has always done a great job of retaining dedicated and talented employees, Note finally that my attached July 11th message has a paragraph explaining the 3d item, "legal protections to enSUre sufficient parking in all cases." I have one personal request I plan to observe the entire August 16th General-Plan discussion, I am very interested in what other citizens say about the General Plan Update. Besides this, I would love to find out your feelings towards these cashout options. Therefore I would be very pleased to hear any comments you might decide to make about cash out. I certainly do not want to waste people's time if there are not at least 3 of you that might consider recommending the proposed change to the City's off-street parking ordinance, I am looking forward to August 16th Sincerely and with highest regards, Mike Bullock MIke Bullock (408) 756-6251 ----Original Message----- From: Bullock, Mike sent: Monday, July 11, 20051:45 PM To: 'cltyder1l.@Qpertino.org' Subject: Julyl9thCouncIlMeetingInfo(Cashout) Mayor Kwok, We met at the ABC dinner and, if I recall correctly, we briefly discussed bicycles. At that same event, my neighbor David Greenstein introduced me to Park Commissioner Rod Brown, who then introduced me to Planning Commissioner Gilbert Wong. Commissioner Wong and I discussed car parking cashout and how the ci1y might take actions to promote the concept in the city. He asked me to send him an Email on the topic. The result is the Email attached below. The Email was distributed further. The resulting comments were supportive. I was subsequently made to understand that the Planning Commission added some cashout information and recommendation(s) into their June 28th packet for consideration and I was invited to make a presentation at that June 28th meeting. I did that and the Commission took a vote, approving whatever cashout support it was that was in their packet, to be forwarded to you. I therefore assume that you got some sort of a General Plan update recommendation regarding cashout, to be considered, starting at your July 19th meeting. I would now like to define 'cashout at places of employment' and state how I would like to see Cupertino's off- street parking ordinance amended, so as to offer new choices to companies. Car Parlrlng Cashout at Places of Employment is where an employer chooses to pay its employees a cash amount for each and every time that they get to work without driving a car. (As you might imagine, this action increases car-pooling, biking, walking, and using transit to get to work. The cashout data, that I intend to provide to you, shows that these increases are surprisingly large.) I believe that Cupertino's off street parking ordinances should be amended with 3 items, as follows. 1.) A definition of cashout 2.) A schedule of parking lot sized reductions, offered to employers as a reward for cashout payments of specific levels, such as 8/9/2005 lì~{3 Page 3 of 5 $4/day allows a parking lot size reduction of 9% $6/day allows a reduction of 12% $9/day allows a reduction of 18% 3.) A set of any legal protections needed so that the City can continue to protect neighborhoods from the intrusion of parked cars. Note that the primary method of protecting neighborhoods from the intrusion of parked cars, with the cashout provisions, is to not let the allowed parking lot size reductions be too large, for the corresponding amount paid. However, city staff will properly worry about the possibility that after a parking lot size reduction has resulted in some sort of redevelopment, the company (or a subsequent tenant company) then decides to not pay the cashout amount to employees, resulting in insufficient parking. In such a case, the City must be in a position to force the company to either go back to paying the cash out amount that allowed the parking lot size reduction or to spend whatever is required to put the parking lot back to its original size. The Email attached below provides information regarding the Bicycle/Pedestrian Commission and that I did discuss this concept with the Director of Community Development, Steve Piasecki. Besides this Email (including the attached Email below),therearetwootheritemsthatl would like to supply, in support of an informed cashout decision, as follows. 1.) The first is a set of Power Point charts, that includes some of the ideas behind cashout and, most importantly, the data showing how employees have reacted to the choice of cashout. ' 2.) The second is a reprint of an article by Patrick Siegman. Patrick's article is fun to read. However, its real value is in that it provides the references for the cashout data shown in the charts. I plan to drop these two items into the City's drop box tonight, for inclusion into your packet for the July 19'" meeting, or perhaps a later meeting, depending on what is appropriate, in the judgment of City Clerk Kim Smith. I believe that the time is right for our City of Cupertino to offer this new choice to our employers. We have the staff that can successful create the ordinance changes. As soon as a single employer creates a successful cashout program, and reaps clear benefits, many others will follow. Employees will appreciate their new choice. Many will chose to drive less and eam more money. Our City will become cleaner, safer, more beautiful, and generally more functional. Other cities will follow and VTA will become more successful. Eventually, our whole nation may come to thank Cupertino for its leadership on cashout. Respectfully submitted, Mike Bullock Mike Bullock (408) 756-626\ -----Original Message----- From: Bullock, Mike sent: Monday, June 20, 2005 6:25 PM To: 'gwong212@aol.com' CC: 'cbpac@greenstein.com'; 'jhwalton@msn.com'; 'foulkes@apple.com' SUbject: CarParkingCashout(I met you at the ABC Dinner.) Hello Commissioner Wong, I said I would Email you and so here it is. As an introduction, let me say that car-parking cashout is a better answer to the only legitimate CCC concern that {Î -{ '1 8/9/2005 Page 4 of 5 I can think of, which is fear of gridlocked car traffic. Nobody likes clogged traffic. I would like your commission to recommend that the City amend its car-par1<ing ordinances, so as to give new choices to our Cupertino companies. I believe that such an amendment could be described and included in your General Plan recommendations. Let me explain. First, here's some background. Car-parking ordinances were invented to protect neighborhoods from the intrusion of parked cars. They perfonn that function well. But there are huge unintended consequences; among the most prominent are significant company expense, global wanning, and traffic congestion. Finally, car-parking cashout at places of employment is (by my definition) where a company chooses to pay each employee an extra amount, for each and every time that the employee gets to work without driving. If the car parking ordinances were amended to offer companies the choice of adopting car-parking cashout, with a reasonable reduction in required parking lot size offered as a reward for doing so, then, without any coercion whatsoever, events would naturally turn for the better. More specifically, the off-street parking ordinance should be amended to first define cash out and then to set up a schedule of reductions, such as: $3/day allows a parking lot size reduction of 8% $a/day allows a reduction of 12% $9/day allows a reduction of 15% The actual numbers would have to ensure that everyone that decided to drive would have a parking place, even on the worst weather day. They would also have to reduce the number of required parking places by enough so that at least one company (to start) would see the potential to improve their financial condition if they adopted a cashout program. Once a Cupertino company implemented cashout successfully, others would follow. I believe that the car parking cashout case studies show that a workable schedule could easily be constructed, given the high price of land in Cupertino. However, your staff may offer many arguments as to why cashout won't work. That is their job, if they have concerns. I have exchanged Email on this topic with Ralph Qualls and I have had a meeting with Steve Piasecki. I believe that there are good answers to all of their objections. We need to have an open discussion. Then your commission can decide. The CCC ordinances amount to more government regulation. Car parking cashout programs being recognized in the off-street parking ordinances would offer a new set of choices for companies. They would also offer new choices for the lucky employees that worked for one of the pioneer companies that decided to offer cashoul Those employees could continue to drive every day and earn no extra money. On the other hand, they could choose to car pool, bike, walk, or take transit and be rewarded by getting some extra money. The case study results are very impressive. I would like to show you the car parking data that I have. I should also mention that several years ago, the Cupertino Bike-Ped Committee (this was shortly before they became a commission) voted to endorse the concept of amending Cupertino's off-street ordinances to recognize and reward cashout. Because of this, I have decided to CC Joe and David. I have also included Michael Foulkes. because I believe that Apple actually had a cashout program at one time and I am hoping that Michael will join the discussion and become an advocate for the new car-parking ordinance provisions. I hope you don't mind my including these others. (I also hope that David can document the Bike-Ped Committee vote, if needed.) let me know when we could talk. Home: 996-7563. Work: 756-6261. If you think it would matter, I would be willing to make a presentation tomorrow at your Planning Commission meeting. I am going out of town Thursday, but I could be available on Monday evening, if that works. It was great to meet you at the ABC dinner. Cheers, Mike Bullock !r-{J 8/9/2005 Cashout Car Parking Policy Change to Reduce Congestion & Increase Choice ~ - Car Parking Cashout: when employers pay employees an extra amount each time that they get to work without driving 1 August 16th 05 Cupertino City Council Meeting - --.J 1 ~ Mike Bullock Best Example of a Company Cashout Case (#1), Reference Patrick Siegman's article in Bicycle Pedestrian Federation Company: CH2M Hill » Location: Bellevue, Wa (Seattle suburb) » Size of (Engineering) Firm: 430 employees $40/ onth (in 1995) to not drive . CH2M Hill Work Trips Mode Before After Drive Alone 89% 54 % Carpool 9% 12% Bus 1% 17% Bike, Walk 1% 17% 100% 100% 2 August 16th 05 Cupertino City Council Meeting Mike Bullock - -:> , ,-., -.....) Results SUffilllary Cashout 1995 Dollars) , 1 .Al.erage Percent I Decrease in Parking I L_Demand J .Al.erage Payout Per Work Day (1995 $'s) 3 Groups, (11 Locations, 35 30 25 20 15 10 5 o 2 Companies Good Public Transit 36%,38%,39% 15% 18%,24% 11 3 Largest Responses 3 Smallest Responses Cases 5 Companies Fair Public Transit Of the » » 4 Companies Poor Public Transist . 3 August 16th 05 Cupertino City Council Meeting Mike Bullock """- ......) I - ""'\' Cashout Recommendation ~"">Co"';' ,n",,,,.,,,,,.,,,,,,", . Passed By Planning Commission 6/28/05 Strategy 2: TSM Programs. Encourage TSM programs for employees in both the public and private sectors by including preferred parking for carpools, providing bus passes, encouraging compressed workweeks and offerin~ arkin cashouts. - -..) 1.. Mike Bullock August 16th 05 Cupertino City Council Meeting 4 -t> Better Cashout Recom.m.endation . . Items . Amend Off-street Parking Ordinance, 3 1 Definition of Car 2.) Schedule of Parking Lot Size Reductions, as a function of amount paid, Parking Cashout .) such as, , . - $4/day allows a parking lot size reduction of 90/0 _ $6/day allows a parking lot size reduction of 12°/Ó _ $9/day allows a parking lot size reduction of 18°/Ó » » 3.) Legal protections so that in all cases the City can protect neighborhoods from the intrusion of parked cars. » 5 August 16th 05 Cupertino City Council Meeting Mike Bullock --- -.) \ t; Better Strategy 2 Recommendation 6 trategy : TSM Programs. Encourage programs for employees in both the public and private sectors by including preferred parking for carpools, providing bus passes, and encouraging compressed workweeks. Encouraqe Emplovee Cashout Proqrams by amendina the Parkinq Ordinance (within 1 year) with 1.) a definition of employee cashout. 2.) a schedule of parkina lot size reductions as a function of amount paid. and ª-J leqal protections to ensure sufficient parkin(:l in all cases. Note that Cashout will increase walkin bikin car ools and transit use. Mi eting .---. ......) \ i"> --. Costs" " Cashout Land Use to Offset Note: "Costs" are a new type of compensation for employees, aiding in employee retention housi ng · Parking space rental » Employees or general public for boats, RVs, extra cars (Lockheed does this), other storage · Leased, to providers of services for employees » Laundry pick-up, fitness center, child care · Larger sites could group excess parking for additional offices (or not!) · If corporate land backed up to residentia units could be provided I, Our City will become cleaner, safer, more beautiful, and generally more functional. August 16th 05 Cupertino City Council Meeting 7 Mike Bullock ......... -.) f ~ (> PETITION TO OPPOSE PROPOSED REGNART CREEK TRAIL ALONG THE REGNART FLOOD CONTROL CHANNEL POSITION: WE, THE CUPERTINO RESIDENTS ALONG THE PROPOSED TRAIL ROUTE AND ALL OF THOSE WHO WILL BE ADVERSELY IMPACTED BY THIS PROPOSED TRAIL, OPPOSE IT FOR THE FOLLOWING REASONS: , The area is remote and accessible to all people 24 hours a day which raises the potential for crime and makes law enforcement difficult , There is a well established history of vandalism to the adjoining neighborhood before the fencing of the creek by the Water District. . Safety of children and bicyclists would at serious risk where the trail empties immediately onto a busy street, such as Blaney Avenue (between intersections) , The unfenced v-shaped canal creates an attractive nuisance for children of all ages and creates the potential for injury or death, incfuding drowning during heavy run-off periods. , In addition to the grief of such an occurrence, the city is self-insured and could be held liable for any costs resulting from such occurrences. , It is undear how this project would be funded. Even if the initial cost of the trail were to be underwritten by the Water District, there would still be significant costs that would fall to the city to insure the safety of users. These costs would be in addition to the expense of on-going maintenance of the flood control channel to prevent erosion, provide for trash removal and brush reduction. , This entire neighborhood in in a flood plain. This waterway is a flood control canal and any disturbance to the canal and its banks can hamper its flood control effectiveness. . In some sectors, the trail would run immediately behind the back fences of the neighbors which would create the potential of noise from users and neighborhood dogs barking at users 2417. , The channel is already inhabited by ducks, frogs and other wildlife. Let's keep it as a natural habitat , The city already has well established bike lanes and sidewalks throughout the city. If the available lanes are deemed inadequate, new street lanes can be designated. THEREFORE, THE ENDORSERS OF THIS PETITION REQUEST THAT THE CUPERTINO CITY COUNCIL DECOMMISSION THE REGNART CREEK TRAIL FROM THE CUPERTINO GENERAL PLAN AND THAT THE REGNART CREEK TRAIL BE REMOVED FROM THE UNFUNDED CAPITAL IMPROVEMENTS LIST. SIGNATURE PAGES ARE ATTACHED TO THIS DOCUMENT, /7- 2-3 SIGNATURES ARE PAGES 17-24 TO 17-53 Simon Leong 10125 Band1ey Drive Cupertino, CA 95014 August 10, 2005 Mayor Patrick Kwok City of Cupertino 10300 Torre Avenue Cupertino, CA 95014-3202 Re: Suggestions for General Plan Update Dear Mayor Kwok, My name is Simon Leong and I am a property and business owner in Cupertino. As the council is debating on the Cupertino General Plan, I would like to share with you my concern as a property owner. My property is located on Bandley Drive, a side street to Stevens Creek, known to most Cupertino residents as the Canton Delights Seafood Restaurant in the Heart ofthe City area. The structure on the property was built in the 1970s. As the structure (5,500sq ft) is small in relationship to the size of the parcel (-44,000 sq ft) and starting to show its age, I see redeveloping the site as a real possibility in the near future. While you are seeking input for the general plan, I urge you to update it in a way that would not put extra burden or constraints to property owners. Please allow flexibility in the plan so that development can take place. In particular, I would like to see that the general plan, specifically in the Heart of the City/Crossroad area: I. pennits development of mixed-use projects; 2. allows medium to high density residential units to make such projects financially viable; 3. increases the allocation of residential units so that such projects can be realized. Thank you for your time and consideration. Yours sincerely, Simon Leong I Î - sv. City of Cupertino 10300 Torre Avenue Cupertino, CA 95014 (408) 777-3308 Fax: (408) 777-3333 CITY F CUPEIQ1NO Community Development Department Summary Agenda Item No.li Agenda Date: AUGUST 16,2005 SUBJECT Request for Reconsideration of the City Council's decision to approve Application M- 2005-01 (Use Permit U-2003-03) with a condition that requires the applicant demonstrate a parking easement does not impact the development of his property prior to issuing building permits to construct six residential condominiums over the rear parking lot and add 1,825 square feet to an existing retail building. The applicant is Gregg Bunker. The project is located on the northwest corner of South De Anza Boulevard and Wildflower Way, at 1375 South De Anza Boulevard, APN 366-19-071. 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 per the applicant's request; Or 2) Deny the reconsideration by making required findings outlined by the City Attorney. Environmental Assessment: Categorically Exempt BACKGROUND: On July 14, 2003, the Planning Commission approved the project. One of the conditions (Condition #13) of the project requires the applicant to stripe 20 stalls on the adjacent commercial property (Yamagarni Nursery) to address the incidental parking rights claimed by the adjacent property owner (Yamagarni Trust). At the Planning 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 (please refer to the April 12, 2005 Planning Commission staff report for details). On June 7, 2005, the applicant appealed the Commission's decision to the City Council. The City Council lD~{ M-2005-01 Page 2 Wildflower Condominiums August 16,2005 considered and denied the applicant's appeal and further modified condition #13 (discussed below) per the City Attorney's recommendation. 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. The original approval condition #13 required 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 representatives thereof). On June 7, 2005, the City Council further modified condition #13 to the following: A building permit will not be issued on the rear site unless the applicant meets one of these conditions: (1) Has an agreement with the neighboring property owner regarding the location of the easements (2) Provides the city a judgment from a court saying there is no easement in favor of the neighboring property on the back parcel (3) Presents the city with a written policy of title insurance by a reputable title company in an amount determined by the City Attorney to be adequate to insure the city that there is no easement. Basically the applicant is required to demonstrate that the existing parking easement does not impact the development of his property prior to the commencement of construction. APPLICANT'S APPEAL: The appellant's reasons for the reconsideration request are outlined in the appeal letter attached to the staff report (Exhibit C). The reworded condition #13 gives the applicant several ways to demonstrate that the parking easement does not impact the proposed development. Therefore, contrary to the applicant's assertion, the condition does not place resolution solely in the hands of the adjacent property owner [ r-).. M-2005-01 Page 3 Wildflower Condominiums August 16, 2005 ENCLOSURES Exhibit A: City Council Resolution Exhibit B: City Council Findings in Response to Petition for Reconsideration Exhibit C: City Council Staff Report (w / attachments), June 7, 2005 Exhibit 0: Appeal Justification Letter From The Appellants Exhibit E: City Council Meeting Minutes, June 7, 2005 by: Gary Chao, Associate Planner Approved by: '5i1s~ Steve Piasecki Director, Community Development David W. Knapp City Manager G: I Planning I PDREPORTI CCI M-2005-01reconsiderationl.doc [%'-3 DRAFT RESOLUTION NO. 05-135 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO DENYING THE PETITION OF GREGG BUNKER SEEKING COUNCIL RECONSIDERATION OF ITS DETERMINATION DENYING HIS APPEAL OF THE PLANNING COMMISSION'S APPROVAL OF APPLlCA nON NO. M-2005-0I AND MODIFICATION A CONDITION OF APPROVAL AND COUNCIL'S FURTHER MODIFICATION OF THE CONDITION Whereas, applicant Gregg Bunker is the owner of real property located atl375 South De Anza Blvd., Cupertino, California, commonly known as the "Wolf Camera" site; and Whereas, there is an existing easement on the subject property in favor of an adjoining property owned by the Yamagami Trust for "ingress, egress and parking;" and Whereas, 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); and Whereas, one of the conditions (Condition #13) of the project required 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); and Whereas, at the Planning Commission meeting of April 12, 2005 and April 26, 2005, the applicant requested that this condition be deleted; and Whereas, instead of deleting the condition, the Commission modified the condition 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 representatives thereof) that they have no objections to the project as planned, specifically relating to incidental parking rights. Whereas, on June 7, 2005, the applicant appealed the Commission's decision to the City Council; and Whereas, the City Council considered and denied the applicant's appeal and further modified condition #13 to the following: A building permit will not be issued on the rear site unless the applicant meets one of these conditions: (1) Has an agreement with the neighboring property owner regarding the location of the easements; or (2) Provides the city a judgment from a court saying there is no easement in favor of the neighboring property on the back parcel; or (3) Presents the city with a written policy of title insurance by a reputable title company in an amount determined by the City Attorney to be adequate to insure the city that there is no easement; and Whereas, Mr. Bunker has requested that the City Council reconsider his petition under the provisions of section 2.08.096 of the City's ordinance code; and lr~L/ Resolution No. 05-135 2 Whereas, the City Council has considered all relevant evidence presented by the parties at all hearings, including evidence presented at the August 16, 2005, reconsideration hearing. NOW, THEREFORE, IT IS HEREBY RESOLVED AS FOLLOWS: I. The applicant's Reconsideration Petition is defective on its face in that it does not offer proof of facts as required by Municipal Code section 2.08.096. 2. The applicant has made no offer of new relevant evidence that, in the exercise of reasonable diligence, could not have been produced at any earlier city hearing. (See Municipal Code § 2.08.096B(I).) 3. The City Council did not exclude any evidence presented by the applicant at any prior city hearing. (See Municipal Code § 2.08.096B(2).) 4. The City Council has proceeded entirely within its jurisdiction regarding the application for modification of the conditional use permit. (See Municipal Code § 2.08.096B(3).) 5. The applicant has failed to present any evidence that the City Council failed to provide a fair hearing. (See Municipal Code § 2:08.096B(4).) 6. The applicant has failed to demonstrate that the City the City Council abused its discretion regarding the application for modification of the conditional use permit. (See Municipal Code § 2.08.096B(5).) Specifically, the City Council determines that: a. The City Council proceeded in a manner required by law. b. The City Council's decision is supported by findings offact in that the modification of condition #13 requiring that the applicant obtain an agreement from the neighboring property owner, a judgment of Quiet Title, or a policy of title insuring the City regarding the effect of a parking easement encumbering his property is necessary to avoid detriment and injury to the neighboring property, and is necessary to avoid detriment to the public health, safety and welfare. (See Municipal Code § 19.124.070.) c. The findings offact related to the City Council's decision were supported by substantial evidence in the record of proceedings. 7. The specific allegations contained in the applicant's petition for reconsideration are refuted by specific City Council findings which are attached to this resolution and incorporated herein. 8. The applicant's Petition for Reconsideration of the City Council's determination of June 7,2005 is DENIED (o~) Resolution No. 05-13 5 3 PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this 16th day of August 2005, by the following vote: Vote Members of the Citv Council AYES: NOES: ABSENT: ABSTAIN: ATTEST APPROVED: Mayor, City of Cupertino City Clerk lr.--~ CITY COUNCIL FINDINGS IN RESPONSE TO PETITION FOR RECONSIDERATION Municipal Code section 2.08.096 states: "A petition for reconsideration shall specify, in detail, each and every ground for reconsideration. Failure of a petition to specify any particular ground or grounds for consideration, precludes that particular omitted ground or grounds from being raised or litigated in a subsequent judicial proceeding. The grounds for reconsideration are limited to the following: I. An offer of new relevant evidence which, in the exercise of reasonable diligence, could not have been produced at any earlier city hearing. 2. An offer of relevant evidence which was improperly excluded at any prior city hearing. 3. Proof of facts which demonstrate that the City Council proceeded without, or in excess of its jurisdiction. 4. Proof of facts which demonstrate that the City Council failed to provide a fair hearing. 5. Proof offacts which demonstrate that the City the City Council abused its discretion by: a. Not proceeding in a manner required by law; and/or b. Rendering a decision which was not supported by findings offact; and/or c. Rendering a decision in which the findings of fact were not supported by the evidence. PETITION FINDING "The City Council Petitioner makes no offer of proof of this allegation. proceeded without or in excess of its jurisdiction." p.I:2 "The City Council abused Petitioner makes no offer of proof of this allegation. its discretion by: a. not proceeding in a manner required by law; ; and/or b. Rendering a decision which was not supported by findings of fact; and/or c. Rendering a decision in which the findings of fact were not supported by the evidence. p.I:2 1 {¡-_ Î "Mr. Bunker was Condition III-13 was designed by Mr. Bunker at the directed... to stripe 20 Planning Commission to appease the Commission's parking stalls on his concern regarding an exiting easement on the property neighbors property" by providing for ingress, egress and parking. Mr. Bunker Condition III-13. presented this wording with the concurrence of the p.2:2. Yamagami Trust representative at the meeting as a compromise position. "Mr. Bunker was unable to A license and easement agreement was negotiated and reach agreement with the agreed upon by Mr. Bunker's attorneys, CRIST, adjacent landowner." SCHULZ, BIORN & SHEPHERD, and attorneys for p.2:2. Yamagami Trust, BASYE & GOLDEN, and a conceptual Parking Plan drawn up by Metro Design Group, however, Mr. Bunker decided not to sign it. See attached License & Easement Agreement. Neighbors' refusal "has Mr. Bunker's refusal to sign the agreement has stopped stopped Mr. Bunker's his project. The City offered alternative plans to move project dead in its tracks and the project forward including: is completely out of his control or the City's 1. Pursue quiet title action in the court to determine the control." existence of the easement; p.2:2 2. Obtain title insurance insuring the City that no parking easement exists over the subject property; 3. Obtain an agreement with the Yamagami Trust regarding the location of the easements. See attached determination letter of August 9, 2005. The Planning Commission The Planning Commission acknowledged that it could acknowledged that the not force the Yamagami Trust to accept work on their condition is completely out property by Mr. Bunker. The original condition, ofMr. Bunker's control. formulated by the parties, was included at their request p.2;3 and based on their apparent agreement. In the altemative, the application would have been continued pending the clarification of the easement language. "The new condition... The problem never was conceming zoning or planning evidences the fact that no ordinances. The problem originated from an existing such additional parking is easement that appears to give the Yamagami property required for Mr. Bunker to parking rights on the Bunker property. Because the City meet the applicable zoning cannot give one party permission to override property or planning ordinances." rights of another, the parties were asked to resolve the p.2:4 Issue. 2 lr~ r "(T)he new condition is an The City's police power does not include the umeasonable, arbitrary and interpretation of easement rights between private capricious action, which property owners. That is only within the purview of the constitutes an unlawful property owners or the courts. However, when there delegation of the City's appears to be an easement for parking which may police power." encumber the subject property, then the City is within its p.3:1 right to require that the cloud over the applicant's property be removed prior to the issuance of a building permit. "Again, this new condition Council disagrees. The approval is within the discretion places final approval of this of the City. The City may exercise its discretion and not project solely in the hands approve a project where the subject property is of a private landowner..." encumbered with an easement in favor of an adjacent p3:1 parcel. "The City Council on June The option of a court interpretation of the easement 7,2005, added two language was an option from the start, which Mr. Bunker additional methods by rejected as too expensive and time consuming. The title which Mr. Bunker could insurance option, suggested later, was to indemnify the obtain issuance of his City, since the property owners were unwilling or unable building permit-obtain a to agree on the intent of the easement court judgment that there is no easement in favor of neighboring property on the back parcel or obtain an approved policy of title insurance with respect to the same." p.3:2 " First, to support any of Mr. Bunker has provided the City with a recorded copy these conditions, the City of the easement. The City concurs that it does, indeed, must essentially make a exist. Whether or not the project interferes with rights finding that the disputed conferred by the easement cannot be determined by the easements exist and that this wording in the easement which consists of two words project unlawfully interferes "and parking." This must be determined by the parties to with those easements." the easement or a court oflaw. Since one party says it p.3:3 interferes and one says it doesn't, the burden is on the parties to interpret the easement, not the City. See attached easement. 3 [t~<t "Second, the issuance of a The use permit, which is the subject of this appeal, is building permit is a discretionary. The City will not modify a use permit nor ministerial act." will it issue a building permit where the project appears p.3:4 to interfere with a person's property rights. "The project should not be The project is not being held hostage. The applicant can held hostage to the get a court interpretation of the easement language with a applicant's neighbor and its quiet title action. Both parties do not agree that the claims that the project will language is ambiguous. Mr. Golden, Yamagami Trust interfere with what all attorney says that Mr. Bunker's "claims of ambiguity and parties agree is vague and no prescription fly in the face of the undisputable ambiguous language in the continued usage of his property for parking by the deeds between the two Yamagami Trust, it's tenants, and their customers since properties." the mid-1980's. p.3;4 See letter of J.P. Golden to Charles Kilian dated 6/1/05 "To condition this project Assuming, arguendo, that the easement in question is upon vague and ambiguous vague and ambiguous, the City is within its rights to easement claims set forth by require that the easement for parking purposes in favor of Mr. Bunker's neighbor a neighboring property be clarified prior to the issuance essentially amounts to an of building permits for construction on the site. Such a inverse condemnation of condition, attached to a use permit, does not give rise to Mr. Bunker's property..." an action in inverse condemnation. p.3:5 4 {J-~I D RECORDING REQUESTED BY: Basye & Golden, Attorneys at Law WHEN RECORDED, MAIL TO: Basye & Golden 520 So. El Camino Real #700 San Mateo, CA 94402 LICENSE & EASEMENT AGREEMENT This License & Easement Agreement is entered into as of April 21, 2005, between Borel Private Bank & Trust Company, formerly Borel Bank and Trust Company, as Trustee of the Taro Yamagami Testamentary Trust ulw dated January 13, 1984 and Toya Yamagami, an unmarried woman (collectively, "Yamagami Trust"), and Gregg C. Bunker, an unmarried man ("Bunker"). RECITALS The parties agree that: I. The Yamagami Trust Property. The Yamagami Trust owns the real property located at 1361 De Anza Boulevard, Cupertino, Santa Clara County, California (the "Yamagami Property") more particularly described (but excluding appurtenant easements) as follows: PARCEL ONE: Beginning at a point in the center line of the Saratoga and SunnYvale Road, distant thereon, South 128.45 feet from a nail and washer set at the Northeasterly comer of the I 0.154 acre tract ofland conveyed by Norma Steffani, et a!., to OJ. Regnart, et ux, by Deed dated January 28, 1946, and recorded January 30,1946 in Book 1314 of Official Records, page 470, Records of Santa Clara County, California, said point of beginning, being also the Southeasterly comer of the parcel ofland conveyed by OJ. Regnart, et ux, to Jose Martinez, et ux, by Deed dated February 23, 1948, and recorded March I, 1946 in Book 1331 of Official Records, page 294, Records of said County; thence from said point of beginning South, along said center line of the Saratoga and Sunnyvale Road, 94 feet; the Northerly line of the hereinabove mentioned 10.154 acre tract, 188 feet; thence South, parallel with the said center line of the Saratoga and Sunnyvale Road, 82 feet; thence S. 89° 47' W. parallel with the said Northerly line of the 10.154 acre tract, 245 feet; thence North, parallel with the said center line of the Saratoga and Sunnyvale Road, 304.44 feet to the Northerly line ofthe said 10.154 acre tract; thence N. 89° 47' E. along said line; 140 feet to the J~-\( Northwest comer of the hereinabove referred to Martinez parcel; thence South, along the Westerly line of the said Martinez parcel 128.44 feet to the southwesterly comer thereof; thence N. 89° 47' E. along the Southerly line thereof, 273 feet to the point of beginning. Being a portion of the East Y, of the Northwest 1/4 of Section 25, Township 7 South, Range 2 West.; M.D.B. & M. Excepting from Parcel One, all that portion thereof lying Easterly of the Westerly line of Saratoga-Sunnyvale Road, as said line was established by Deed from Taro Yamagami to the City of San Jose, dated November 13, 1968, recorded December 5,1968 in Book 8358 of Official Records, page 460. PARCEL TWO; Beginning at a point in the center line of the Saratoga and Sunnyvale Road, distant thereon, South 222.45 feet from a nail and washer set at the Northeasterly comer of the 10.154 acre tract ofland conveyed by Norma Steffani, et aI., to 0.1. Regnart et ux, by Deed dated January 29, 1946 and recorded January 30,1946 in Book 1314 of Official Records, page 470, Records of Santa Clara County, California; thence from said point of beginning, South, along said center line of the Saratoga and Sunnyvale Road, 82 feet; thence S. 89° 47' W. leaving said center line, parallel with the Northerly line of the said 10.154 acre tract, 168 feet, thence North, parallel with the said center line of the Saratoga and Sunnyvale Road, 82 feet; thence N. 88° 47' E. parallel with the said Northerly line of the 10.154 acre tract; 168 feet to the point of beginning. Being a portion of the East Y, of the Northwest 1/4 of Section 25, Township 7 South, Range 2 West.; M.D.B. & M. Excepting from Parcels One and Two, as granted to the State of Califomia, by Deed recorded May 7, 1959 in Book 4407 of Official Records, page 622, as follows: Commencing at the Southeasterly comer of the parcel ofland conveyed to Mike Martinez, et ux., by Deed recorded March 29, 1946 in Book 1343 at page 312, Official Records of Santa Clara; thence along the Southerly line of said parcel N. 89° 07' 04" W., 33.95 feet; thence S. 1° 39' 4 I" E., 176.16 feet to the line common to the lands, now or formerly of Taro Yamagami and of 0.1. Regnart et ux.; thence along said common line S. 89° 07' 04" E., 25.66 feet to the center line of the existing State Highway in Santa Clara County, Road IV-SCI-114-SJS; thence along said center line N. 1°02' 12" E., 175.99 feet to the point of commencement. 2 I r-{J-... Excepting therefrom all that portion thereof lying Easterly of the Westerly line of Saratoga-Sunnyvale Road, as said line was established by Deed from Taro Yamagami to the City of San Jose, dated November 13, 1968, recorded December 5,1968 in Book 8358 of Official Records, page 460. PARCEL THREE: Beginning at a point in the center line of the Sunnyvale and Saratoga Road distant thereon South 64.2 feet from the intersection of the center line of said Sunnyvale and Saratoga Road with the North line of that certain 10.154 acre tract of land conveyed by Norma Steffani, et aI., to C.J. Regnart, et ux., by Deed dated January 29, 1946 and recorded January 30, 1946, under Recorder's File No. 382868, thence along the center line of said Sunnyvale and Saratoga Road, South 64.22 feet; thence parallel with the North line of said 10.154 acre tract ofland S. 89° 47' W., 273 feet to a 3/4 iron pipe; thence parallel with the center line of said Sunnyvale and Saratoga Road North 64.22 feet; thence parallel with the North line of said 10.154 acre tract ofland N. 89° 47' E., 273 feet to the point of beginning and being a portion of said 10.154 acre tract ofland in the East Y, of the Northwest 1/4 of Section 25, Township 7 South, Range 2 West, M.D.S. & M. Excepting therefrom all that portion thereoflying Easterly of the Westerly line of Saratoga-Sunnyvale Road, as said line was established by Deed from Taro Yamagami to the City of San Jose, dated November 13,1968, recorded December 5,1968 in Book 8358 of Official Records, page 460. PARCEL FOUR: Beginning at a point in the center line of the Sunnyvale-Saratoga Road, formerly Saratoga-Mountain View Road, at the Southeasterly corner of that certain 17.508 acre tract ofland described in the Deed from William D. Meyer to William Edward DeBrava, et ux., dated July 29, 1947, recorded October 14, 1947 in Book 1515 of Official Records, page 420, Santa Clara County Records; thence from said point of beginning along the Southerly line of said 17.508 acre tract, S. 89° 50' 44" W., 168.00 feet to the True Point of Beginning of the parcel herein described; thence continuing along said Southerly line S. 89° 50' 44" W., 105.00 feet; thence leaving said Southerly line along a line parallel with said center line of Sunnyvale- Saratoga Road South 64.23 feet, thence along a line parallel with the hereinabove mentioned Southerly line of said 17.508 acre tract N. 89° 50' 44" E., 105.17 feet; thence at right angles N. 0° 09' 16" W., 64.23 feet to the True Point of Beginning. Assessor's Parcel Number: 366-19-047 3 l r- ( ') 2. The Bunker Property. Bunker owns the real property located at 1375 De Anza Boulevard, Cupertino, Santa Clara County, California (the "Bunker Property") more particularly described (but excluding appurtenant easements) as follows: PARCEL ONE: Lot 15, Tract 6765, filed September 17, 1980 in Book 471 of Maps, at page 32, Santa Clara County Records PARCEL TWO: Beginning at a railroad spike driven in the centerline of the Sunnyvale- Saratoga Road at the Southeasterly comer of that certain 17.564 acre tract of land conveyed by John Messemer, et ux., to Norma Steffani, et a!., by Deed dated March 24,1933, recorded March 24,1933, in Book 639 of Official Records, page 568, Records of Santa Clara County; said railroad spike being also at the Northeasterly corner of Tract No. 124 Subdivision of the Van Dine Tract in Section 25, Township 7 South, Range 2 West, M.D.B. & M., according to the Map thereof of record in the office of the Recorder of the County of Santa Clara, State of California, in Book 4 of Maps, pages 24 and 25, said point of beginning being also the Southeast comer of that certain 7.392 acre parcel ofland described in the Deed from Norma Steffani, et a!., to 0.1. Regnart, et ux., dated December 14, 1944, recorded December 15, 1944 in Book 1241 of Official Records, page 17, Santa Clara County Records, thence running along the center line of said Sunnyvale-Saratoga Road, North 159.866 feet to the true point of beginning of the parcel to be herein described; thence from said true point of beginning and continuing along the centerline of said road North 105 feet more or less to the Southeasterly comer of that certain parcel of land described in that certain Deed of Trust executed by Taro Yamagami, dated December 31,1956, recorded January 9, 1957 in Book 3702 of Official Records, page 151; thence Westerly along the Southerly line of said parcel and its Westerly prolongation 209 feet; thence South and parallel with the centerline of said Sunnyvale-Saratoga Road 105 feet; thence East and parallel with the Southerly line of the Yamagami Parcel 209 feet to the true point of beginning and being a portion of the East y, of the Northwest I/4 of Section 25, Township 7 South, Range 2 West, M.D.S. & M. Excepting therefrom all that certain tract of land as granted in the Deed from O.J. Regnart, et ux., to the State of Cali fomi a, dated January 27,1959, recorded February 17, 1959 in Book 4326 of Official Records, page 19, and more particularly described as follows: Commencing at the Southeasterly comer of the parcel ofland conveyed to Taro Yamagami by Deed recorded December 9,1947 in Book 1447 at page 490, Official Records of Santa Clara; thence along the line common to the 4 l8'--( '-( lands, now or fonnerly of 0.1. Regnart, et UX., and Taro Yamagami, N. 89° 01' 04" W., 25.66 feet; thence S. 1° 39' 41" E., 120.16 feet to the Westerly line of the existing State Highway in Santa Clara County, Road IV-SJS; thence S. 880 57' 48" E., 20.00 feet to the center line of said State Highway; thence along said center line N. 1002' 12" E., 120.09 feet to the point of commencement. Assessor's Parcel Number: 366-19-071 3. The Cross-Easements. The Bunker Property adjoins the Yamagami Property, and was fonnerly owned by the predecessors in interest of the Yamagami Tillst.· By deed dated April 12, 1985, and recorded as Document # 8411487, in Book 1348, pages 913-917, of the Official Records of Santa Clara County, California, the Yamagami Tillst predecessors transferred the Bunker Property to Bunker. In that deed, the following easements were reserved and created: 3. I The Yamagami Access and Parking Easement. The Yamagami Tillst predecessors reserved an easement in their favor, and appurtenant to the Yamagami Property, over the Bunker Property as follows: AN EASEMENT APPURTENANT TO THE REMAINING LANDS OF GRANTOR Dominant TENEMENT FOR VEHICULAR INGRESS AND EGRESS AND PARKING PURPOSES EXCLUDING USE BY COMMERCIAL VEHICLES SUBJECT TO THE TERMS AND PROVISIONS OF THAT CERTAIN AGREEMENT ATTACHED HERETO AS EXHIBIT "A-I" AND MADE A PART HEREOF. This easement is referred to in this Agreement as the "Yamagami Access and Parking Easement." 3.2 The Bunker Access and Parking Easement. The Y amagami Tillst predecessors created an easement in favor of Bunker, and appurtenant to the Bunker Property, over the Yamagami Property as follows: AN EASEMENT APPURTENANT TO THE PROPERTY DESCRIBED IN PARCEL ONE ABOVE (DOMINANT TENEMENT) OVER THE LANDS OF GRANTOR (SERVIENT TENEMENT) FOR INGRESS AND EGRESS AND PARKING PURPOSES SUBJECT TO THE TERMS AND PROVISIONS OF THA T CERTAIN AGREEMENT ATTACHED HERETO AS EXHIBIT "A-I" AND MADE A PART HEREOF. This easement is referred to in this Agreement as the "Bunker Access and Parking Easement." 3.3 The Bunker Landscaping and Maintenance Easement. The Yamagami Tillst predecessors created a second easement in favor of Bunker, and appurtenant to the Bunker Property, over a three foot wide strip of the Yamagami Property that illns for 108 feet along the boundary between the Bunker and Yamagami Properties. The easement is for landscaping, including the installation and maintenance of an irrigation system, as well as ingress and egress. This easement is referred to in this Agreement as the "Burucer Landscaping and Maintenance Easement." 5 [ r>(f 3.4 Exhibit A-I. All of the above three easements are subject to the "AGREEMENT RE; INGRESS AND EGRESS EASEMENTS" attached as Exhibit A-I to the deed of April 12, 1985. In relevant part, that agreement reads as follows (the term "Grantor" now refers to the Yamagami Trust and the term "Grantee" refers to Bunker): WHEREAS: GRANTOR HAS CONVEYED TO GRANTEE THE EASEMENTS DESCRIBED IN PARCEL TWO AND THREE OF EXHIBIT A TO WHICH THIS AGREEMENT IS ATTACHED. NOW; THEREFORE: GRANTOR AND GRANTEE HEREBY AGREE THAT SAID EASEMENT IS INTENDED FOR THE USE OF CONSUMERS ONLY AND NOT OF COMMERCIAL VEHICLES AND THAT THE OWNERS OF THE DOMINANT TENEMENT (GRANTEE) SHALL BE RESPONSIBLE FOR ALL INITIAL COSTS OF CONSTRUCTION OF CURBS. GUTTERS AND LANDSCAPING AS REQUIRED BY THE CITY OF CUPERTINO AND THEREAFTER FOR ALL COSTS OF MAINTENANCE AND REPAIR OF THE SAME AS TO THE DRIVEW A Y NOW LOCATED OR TO BE LOCATED AT THE SOUTHEASTERLY CORNER OF THE SERVIENT TENEMENT ONL Y. GRANTOR SPECIFICALLY RESERVES ALL RIGHTS OF INGRESS AND EGRESS OF ALL VEHICLES OVER AND UPON SAID DRIVEWAY AS THE SAME IS NECESSARY OR DESIRABLE TO THE SERVIENT TENEMENT. 4. The Occupants. The term "Occupants," when used in reference to either party, includes that party's officers, directors, employees, agents, contractors, customers, vendors, suppliers, visitors, licensees, tenants, subtenants, and concessionaires, and the officers, directors, employees, agents, contractors, customers, vendors, suppliers, visitors, licensees of the tenants and subtenants of that party, insofar as such a party's Occupant's presence on the other's property is related to the intended development, use, and occupancy of the party's property. All of any Occupant's rights, privileges, and immunities under this Agreement are a direct and sole result of the Occupant's relationship with the party owning the property, and shall terminate immediately when the relationship of the Occupant with the property owner that gave rise to the status of Occupant has ended. 5. The Yamagami Owners and Occupants. The term "Yamagami Owners and Occupants" includes the Yamagami Trust and its Occupants. 6. The Bunker Owners and Occupants. The term "Bunker Owners and Occupants" includes Bunker and his Occupants. 7. Purposes of This Agreement. Since the deed of April 12, 1985, and the creation of the easements described above, the Yamagami Owners and Occupants and the Bunker Owners and Occupants have occupied their respective properties and utilized the easements described in the deed and its Exhibit A-I. In 2003, Bunker applied to the City of Cupertino for a use pennit to construct six residential units, and add 1,825 square feet to the existing retail building, on the Bunker Property. Although the City of Cupertino granted the use permit, it attached a number of conditions, some of which affect the Yamagami Property. The purposes of this Agreement are: 7.1 To allow Bunker to comply with the conditions imposed by the City of Cupertino and proceed with his development of the Bunker Property, and 6 { t- (~ 7.2 To redefine and clarify the rights of each party and the party's Occupants to use the other's property. AGREEMENT Therefore, the parties agree that: 8. Conditional Agreement. This Agreement is conditional upon both of the following: 8. I Issuance of a building permit to Bunker for the commencement of the project described in Paragraph 7. If that pennit is not issued by March 1,2006, or if Bunker earlier elects to withdraw his application, this agreement shall be void and of no effect and inadmissible in any legal proceeding, except that the initial cash consideration paid by Bunker under Paragraph 21 shall not be refunded to him. Bunker shall have sole discretion whether to pursue or abandon the permit application. Immediately upon issuance of the building pennit, Bunker shall provide the Yamagami Trust with a full and correct copy of the permit. This agreement shall not be recorded until the building permit has been issued. 8.2 Execution by each party's tenants of the consent forms attached to this agreement, unless the party leasing to a tenant waives the need for that tenant's consent. 9. The Plat. Attached, marked "Exhibit I," and incorporated is a plat of both the Yamagami Property and the Bunker Property. The legal effect of this plat is solely to define the boundaries of the easements and licenses govemed by this agreement; in no way shall it be deemed to create an agreement between the parties, or their respective Occupants, as to how the parking areas and spaces are to be configured, except to the extent provided for elsewhere in this agreement. 10. Yamagami Trust's Parking License. Except as specified in Paragraph 1 I, the portion of the Yamagami Easement allowing parking on the Bunker Property is terminated and replaced with a nonexclusive revocable license in favor of the Yamagami Owners and Occupants for ingress, egress, and parking purposes over all areas of the Bunker Property that are designated as "Yamagami Parking License Area" on Exhibit I. Bunker may revoke this license at any time by giving the Y amagami Trust at least six months' advance notice in writing, and the license shall terminate automatically on the date specified in the notice. Bunker may not, however, give notice until at least six months have elapsed since the completion of his proposed development of the Bunker Property, such completion to be evidenced by the issuance of a certificate of occupancy by the City of Cupertino for the residential portion of the Bunker Property. The tennination of this license by Bunker shall also automatically terminate Bunker's license to use the Yamagami Property created by Paragraph 12, such tennination to be simultaneous with the termination of this license. II. Yamagami Trust's Easements. Regardless of whether the license created by Paragraph 10 is in force or terminated, the Yamagami Trust shall retain the following easements: 11.1 A nonexclusive easement for ingress and egress over those portions of the driveways on the Bunker Property that are marked "Yamagami Nonexclusive Access Easement", as shown on Exhibit 1. Bunker shall have the right to modify the location of the access easement on the Bunker 7 n-~IÎ Property as long as the modification does not materially diminish the use and enjoyment of either this easement or the immediately following easement by the Yamagami Owners and Occupants. 11.2 A nonexclusive easement for ingress, egress, and parking purposes over the 12 parking spaces marked as "Yamagami Nonexclusive Parking Easement" on Exhibit I. 11.3 Both of the Yamagami Trust's easements shall run with the land in favor of the Yamagami Trust and its successors and assigns, and shall be a servitude upon the Bunker Property. If and when the Yamagami Trust's license described in Paragraph 10 is terminated, these easements shall be the only easements burdening the Bunker Property appurtenant to the Yamagami Property. 12. Bunker's Parking License. Except as set forth in Paragraph 13, the portion of the Bunker Easement allowing parking on the Yamagami Property is terminated and replaced with a nonexclusive revocable license in favor of the Bunker Owners and Occupants for ingress, egress, and parking purposes over all areas of the Yamagami Property that are designated as "Bunker Parking License Area" on Exhibit 1. The Yamagami Trust may revoke this license at any time by giving Bunker at least six months' advance notice in writing, and the license shall terminate automatically on the date specified in the notice. The Yamagami Trust may not, however, give notice until at least six months have elapsed since the completion of Bunker's proposed development of the Bunker Property, such completion to be evidenced by the issuance of a certificate of occupancy by the City of Cupertino for the residential portion of the Bunker Property. The termination of this license by the Yamagami Trust shall also automatically terminate the Yamagami Trust's license to use the Bunker Property created by Paragraph 10, such tennination to be simultaneous with the termination of this license. 13. Bunker's Easements. Regardless of whether the license created by Paragraph 12 is in force or terminated, Bunker shall retain the following easements: 13.1 A nonexclusive easement for ingress and egress over those portions of the driveways on the Yamagami Property that are marked "Bunker Nonexclusive Access Easement", as shown on Exhibit 1. The Yamagami Trust shall have the right to modify the location of the access easement on the Yamagami Property as long as the modification does not materially diminish the use and enjoyment of either this easement or the immediately following easements by the Bunker Owners and Occupants. 13.2 A nonexclusive easement ingress, egress, and parking purposes over the 11 parking spaces marked as "Bunker Nonexclusive Parking Easement" on Exhibit 1, which parking spaces shall not be materially altered (other than by restriping the area to allow up to 13 spaces). 13.3 The Bunker Landscaping and Maintenance Easement. 13.4 All three of Bunker's easements shall run with the land in favor of Bunker and his successors and assigns, and shall be a servitude upon the Yamagami Property. If and when Bunker's license described in Paragraph 12 is terminated, these easements shall be the only easements burdening the Yamagami Property appurtenant to the Bunker Property. 14. No Commercial Vehicle Parking on the Other's Property. The parking licenses and easements created by this Agreement are for consumer use only, and neither party nor its Occupants may use such 8 ( r-- {t licenses or easements for the parking of any commercial vehicles. Nothing in this Paragraph, however, shall restrict the right of a party and that party's Occupants to utilize that party's own property, including the portion burdened by the other party's licenses and easements, for commercial vehicle parking. 15. Maintenance. Each party shall be responsible for maintenance of that party's property, including the portion burdened by the other's license and easements, except that Bunker shall remain solely responsible for: Easement; and 15.1 Maintenance of the area covered by the Bunker Landscaping and Maintenance 15.2 Maintenance of the driveway located at the southeasterly comer of the Yamagami Property, as provided in Exhibit A-I to the deed dated April 12, 1985. to: 16. Retained Rights of Owner. Each party reserves the rights (but does not assume an obligation) 16.1 Close off that party's property for such reasonable time as may be legally necessary, in the opinion of that party's legal counsel, to prevent the acquisition of prescriptive rights by any person or entity. However, prior to such closure the closing party shall give at least 30 days' advance notice of the closure, and shall attempt to manage the closure in such a way as to minimize the interference with the passage of pedestrians or vehicles. 16.2 Exclude persons and entities who are not a party or the Occupant of a party from using the owner's property. 17. Cooperation. Each party and Occupant shall cooperate with the other party and that party's Occupants to minimize interference with the parking and access rights of the other. Except for such handicapped parking spaces as are required by applicable govenunental authority, neither party nor its Occupants shall mark, post, or otherwise limit the ability of the other party and that party's Occupants to use any parking spaces for which the other party has either a license or easement to use for parking purposes, unless, prior to creating any such limitations, the party desiring to limit the parking shall give the other 30 days' advance written notice of the proposed limitations, including the wording of any signs to be posted, and the designation of the parking areas to be affected by the limitation. Unless the other party objects in writing within 30 days of the notice, the party may proceed with the limitations described in the notice. If, however, the other party objects to the limitations, the parties shall engage in the dispute resolution procedure set forth below. If and when the parking licenses created by this agreement are terminated, this Paragraph shall cease to apply to the former license areas. 18. Emplovee Parking. Each party shall use its best efforts to cause the employees and independent contractors of that party and that party's Occupants to avoid parking on the other party's property. 19. New Parking and Access. Once the pending parking re-configuration required by the City of Cupertino as a condition of Bunker's development is completed, if and when either party again reconfigures its property to create additional parking, additional ingress and egress routes, or both, the 9 I r~/~ other party (and its Occupants) shall have no right to use the additional parking or ingress and egress routes. 20. Division of the Bunker Property. The development of Bunker Property contemplates dividing that property into two portions, the easterly portion to continued to be used for commercial purposes and the westerly portion for residential purposes. The development also contemplates the creation of a condominium homeowners' association to govern the residential portion. If and when this division of the Bunker Property occurs, then: 20.1 As long as Bunker owns any part of the Bunker Property, his right to revoke the Yamagami Trust's license described in Paragraph 10 may be exercised only by him personally. Once, however, Bunker no longer owns any part of the Bunker Property, the right to revoke the Yamagami Trust's license described in Paragraph 10 may be exercised only by the owners of the residential portion. So long as there is a homeowners' association duly organized and existing for the benefit of the owners of the residential portion of the Bunker Property, the board of directors of the association shall have full power and authority to act on behalf of the owners of the residential portion in all matters governed by this agreement, including exercising the right of revocation, and the consent of the owners or members of the association shall not be required except as otherwise provided by law. If, however, no homeowners' association is in existence at the time this right of revocation is to be exercised, then it may instead be exercised by a simple majority of the individual property owners (i.e., as the project contemplates six residential units, at least four of the six owners). 20.2 The owner of the conullercial portion shall have all rights and responsibilities relating to the Bunker Landscaping and Maintenance Easement, as well as the responsibility for maintenance of the driveway located at the southeasterly corner of the Yamagami Property, as provided in Exhibit A-I to the deed dated April 12, 1985, as described in Paragraphs 15.1 and 15.2, and neither the owners of the residential portion nor the homeowners' association duly organized and existing for the benefit of the owners of the residential portion shall have any rights or duties in connection therewith. 20.3 Otherwise, the owners of both portions of the Bunker Property shall remain jointly and severally liable for the performance of all of Bunker's remaining obligations under this Agreement, except for Bunker's personal obligation to pay the cash consideration ser forth in Paragraph 21, and shall be jointly entitled to all remaining benefits accruing to Bunker and the Bunker Property under this Agreement. 21. Cash Consideration. Bunker shall pay the Yamagami Trust a total of$I 10,000, $10,000 upon execution of this agreement and the balance no later than ten days following the issuance of the building penllit for his pending development project. Provided the balance of the funds are timely received, the Yamagami Trust, at its expense, shall promptly undertake and diligently prosecute to completion the parking reconfiguration required by the City of Cupertino as a condition of Bunker's development permit, including repaving and fencing work, construction of a trash enclosure as depicted on Exhibit I, and a repainting of the shopping center, and shall use its best efforts to cause the parking reconfiguration be completed within 21 days. The use and disbursement of the remaining funds shall be within the sole and absolute discretion of the Yamagami Trust, and the Yamagami Trust shall have full and sole control and supervision of the parking reconfiguration, repaving and fencing work, and repainting of the shopping center, except as may otherwise be provided in this agreement. 10 t ð - J-~ 22. Commencement of Bunker's Proiect. Bunker agrees not to commence the contemplated development of his Property until at least 21 days after he has paid to the Yamagami Tmst all of the cash consideration specified in Paragraph 21, and further agrees not to commence work until August I, 2005. If, however, the parking reconfiguration is not completed within the time specified in Paragraph 21, Bunker may commence work but shall do so in a way that maintains the existing parking on his Property available to the Yamagami Tmst and its Occupants until the parking reconfiguration is completed and the reconfigured parking on the Yamagami Property available for use. 23. Waiver of Reimbursement Rights. Bunker waives all reimbursement rights in his favor arising out of his original parking and driveway improvements following his acquisition of the Bunker "2 Property, including those described in the letter of March 12, 1986 from the City of Cupertino, a copy of which is attached, marked "Exhibit 2," and incorporated, and agrees never to assert or prosecute these rights of reimbursement. 24. Acceptance bv Tenants and Subtenants. Each party shall advise that party's tenants and subtenants of the tenns and conditions of this Agreement, and shall include in each future lease (or renewal, extension, or other modification of an existing lease or sublease) a requirement that the tenant or subtenant abide by the tenns of this Agreement. By signing the consent fonn attached to this Agreement, the Yamagami Tmst tenants and the Bunker tenants agree to and accept the tenns of this Agreement, and the modification of the parking and access rights held by them under their leases. If a party elects to waive the need for a tenant's consent, then that party assumes all responsibility for ensuring that such tenant complies with those provisions of this agreement that affect the tenant's legal rights and obligations under the tenant's lease. 25. No Public Dedication. Nothing in this Agreement shall be deemed to be a gift of dedication of any part or all of either party's property to the general public, or for any public use whatsoever. Except as specifically provided otherwise in this Agreement, no rights, privileges, or immunities of any party or that party's Occupants shall inure to the benefit of any third person or entity, nor shall any third person or entity be deemed a beneficiary of any part of this Agreement. 26. Dispute Resolution. 26.1 NOTICE: BY INITIALING IN THE SPACE BELOW, YOU ARE AGREEING TO HAVE ANY DISPUTE ARISING FROM THE MATTERS INCLUDED IN THE "ARBITRATION OF DISPUTES" PROVISION DECIDED BY NEUTRAL ARBITRATION AS PROVIDED BY CALIFORNIA LAW AND YOU ARE GIVING UP ANY RIGHTS YOU MIGHT POSSESS TO HAVE THE DISPUTE LITIGATED IN A COURT OR JURY TRIAL. BY INITIALING IN THE SPACE BELOW, YOU ARE GIVING UP YOUR JUDICIAL RIGHTS TO DISCOVERY AND APPEAL UNLESS THOSE RIGHTS ARE SPECIFICALLY INCLUDED IN THE "ARBITRATION OF DISPUTES" PROVISION. IF YOU REFUSE TO SUBMIT TO ARBITRATION AFTER AGREEING TO THIS PROVISION, YOU MAY BE COMPELLED TO ARBITRATE UNDER THE AUTHORITY OF THE CALIFORNIA CODE OF CIVIL PROCEDURE. YOUR AGREEMENT TO THIS ARBITRATION PROVISION IS VOLUNTARY. 11 It-)} WE HAVE READ AND UNDERSTAND THE FOREGOING AND AGREE TO SUBMIT DISPUTES ARISING FROM THE MATTERS INCLUDED IN THE "ARBITRATION OF DISPUTES" PROVISION TO NEUTRAL ARBITRATION. Yamagami Trust's Initials: I Bunker's Initials: 26.2 All disputes relating to this Agreement (whether contract, tort, or both), including any action to enforce or interpret this Agreement, shall be resolved in the manner provided in this Paragraph 26; provided that before invoking the dispute resolution mechanism set forth in Paragraphs 26.3 and 26.4: (a) A party shall serve on the other party: (i) Notice of the claim, specifying the best available estimate of the amount claimed and the provision of the Agreement or other authority for the claim; and (ii) A copy of all supporting documents. (b) Within 10 days after service, the responding party shall serve on the other party its written response, setting out its position, specifying the contract or other provisions relied on, and including a copy of all supporting documents. Within 5 days after service of the response, the parties shall meet to discuss resolution of the claim. Each party may bring up to four people (including Occupants) to this negotiation, but legal counsel shall not be present. The written claim notice and response and the documents produced, but not the subsequent discussion, shall be admissible in any subsequent proceeding. Ifthis negotiation is unsuccessful, either party may invoke the dispute resolution procedures set forth in Paragraphs 26.3 and 26.4. 26.3 After this meeting for negotiation provided in Paragraph 26.2 and before invoking the binding arbitration mechanism set forth in Paragraph 26.4, the parties may, if the matter was not resolved through negotiation, participate in mediation, if all of the parties to the dispute agree to mediation. Mediation shall be conducted in accordance with the following procedures: (a) The parties to the dispute shall attempt to agree on a mediator within three weeks ofthe date that the response is filed pursuant to Paragraph 26.2. Mediation shall be held at the office of the mediator, or a location in Santa Clara County, California agreeable to the Parties. The mediation shall be conducted at a date and time detennined by the mediator, but not more than 30 days after the mediator has been selected. The cost of mediation shall be borne by the disputing parties equally. (b) At least 10 days before the date of the mediation, or at such other time to which the parties to the dispute may agree, each side shall provide the mediator with a statement of its position and copies of all supporting documents. Each party shall send to the mediation a person who has authority to bind the party. If a subsequent dispute will involve third parties, such as insurers, tenants, subtenants, contractors, or subcontractors, they shall also be asked to participate in the mediation. (c) If a party has participated in the mediation and is dissatisfied with the outcome, that party may invoke the binding arbitration provisions in Paragraph 26.4. 12 It-V-- 26.4 All disputes relating to this Agreement which are not resolved by negotiation or mediation pursuant to Paragraphs 26.2 and 26.3 shall be submitted to binding arbitration. Either party may enforce the award of the arbitrator under §1285 of the California Code of Civil Procedure ("CCP"). Arbitration shall be conducted in accordance with CCP §§ 1280 through 1294.2, with the following additions and exceptions: (a) The party demanding arbitration shall submit a written claim to the other party, if one has not already been provided pursuant to Paragraph 26.2, stating the basis of the claim and proposing the name of an arbitrator. The responding Party shall have 14 days in which to respond to this demand in a written answer. If this response is not timely made, or if the responding party agrees with the person proposed as the arbitrator, then the person named by the demanding party shall serve as the arbitrator. If the responding party submits a written answer rejecting the proposed arbitrator then, unless the parties agree on an arbitrator, any party may file a request with the Santa Clara County Superior Court to appoint an arbitrator. (b) The arbitrator shall be a lawyer admitted to practice in the State of California, familiar with real estate law and having an office in the Bay Area and at least 10 years' experience in the field of real estate law. No one who has ever had any business, financial, family, or social relationship with any party to this Agreement shall serve as an arbitrator unless all parties to the dispute consent in writing to the use of that arbitrator. (c) A pre-arbitration hearing shall be held within 14 days after selection of the arbitrator. The arbitration shall be completed and a decision rendered within 60 days after the pre- arbitration hearing. The arbitrator shall establish, and the parties shall observe, any deadlines necessary to accomplish this goal. (d) The arbitrator shall submit a tentative decision in writing, specifying the reasoning for the decision and any calculations necessary to explain the award. Each party shall have IS days in which to submit written conunents to the tentative decision. Within 10 days after the deadline for written comments, the arbitrator shall announce the final award. (e) Each party to the arbitration shall pay an equal share of the arbitrator's expenses and fees, and the other arbitration expenses incurred or approved by the arbitrator, excluding attorney fees, witness fees, and other expenses incurred by a party for its own benefit. The parties shall estimate their costs and pay their estimated share before commencement of the arbitration. Any extra arbitration costs shall be paid within 14 days after the close of the proceeding and before the award. A party that fails to pay its share shall not be allowed to participate in the arbitration. If a party fails to pay its share, the other party shall pay the cost of the party that failed to pay. The arbitrator shall add such payment to the final award in such a fashion as to return the parties to the position they would have been in, to the greatest extent possible, ifboth had paid their share. The arbitrator may award the prevailing party its expenses and fees of arbitration, including reasonable attorney fees and witness fees, in such proportion as the arbitrator decides. (f) No more than 60 days before the date set for the arbitration hearing, a party may serve a document request calling for any document that would be discoverable in civil litigation. The party served with this request shall deliver the requested documents and any objections within 7 days. The 13 /8-2.3 arbitrator may resolve any dispute over the exchange of documents. Thereafter, each party may take no more than 3 depositions, each of which shall last no more than 4 hours. The arbitrator may resolve any dispute over the depositions as they would be resolved in civil litigation. (g) The arbitrator shall have the following powers: (i) To issue subpoenas for the attendance of witnesses and subpoenas duces tecum for the production of books, records, documents, and other evidence; (ii) To order depositions to be used as evidence; (iii) To enforce the rights, remedies, procedures, duties, liabilities, and obligations of discovery as if the arbitration were a civil action before a Califomia superior court; (iv) To conduct a hearing on the arbitrable issues; (v) To administer oaths to parties and witnesses; (vi) To enter and serve a written award as provided above; and (vii) To correct the award on the grounds for correction stated in CCP §§1286.6(a) and (c) within 10 days after serving a signed copy of the award on the party asking for correction. 27. Notices. Any notice under this Agreement shall be in writing, and any written notice or other document shall be deemed to have been duly given as of the following: (I) on the date of personal service on the party receiving the notice; (ii) on the third business day after mailing, if the document is mailed by registered or certified mail, retum receipt requested; or (iii) one day after being sent by professional or overnight courier or messenger service guaranteeing one-day delivery, with receipt confirmed by the courier. However, failure to give notice in accordance with any of these methods shall not defeat the effectiveness of notice actually received by the addressee. All notices shall be delivered or addressed to the receiving party at the addresses set forth below or a more recent address specified by the addressee through written notice under this paragraph: 27.1 ToTheYamagamiTrust: Borel Private Bank & Trust Company Trust Department 160 Bovet Road San Mateo, CA 94402 27.2 To Bunker: Gregg C. Bunker 13 7 5 De Anza Boulevard Cupertino, CA 95014 14 {r~.2l{ With a copy to: Gregg C. Bunker 115554 On Orbit Lane Saratoga, CA 95070 28. Representations. Each party agrees: 28. I That he, she, or it, has the power and authority to enter into this Agreement and to perform its obligations hereunder; 28.2 To execute all documents and to do all things necessary to fully effectuate the tenns of this Agreement; 28.3 That this Agreement contains the entire agreement between the parties, and supersedes any and all prior agreements or understandings between them; 28.4 That in executing this Agreement, the executing party is not relying on any statement or representation made by any other party, or any other party's agents, servants, attorneys, or Occupants concerning the subject matter, basis or effect of this Agreement other than as set forth in this Agreement; 28.5 That in executing this Agreement, the executing party is relying solely on its own judgment and knowledge; and 28.6 He, she, or it has fully and carefully read this Agreement prior to execution and has been fully apprised by the party's chosen advisors of the legal effect and meaning of this Agreement; that he, she, or it has had the opportunity to make whatever investigation or inquiry it deemed necessary or appropriate in connection with the subject matter of this Agreement; that he, she, or it has been afforded the opportunity to negotiate as to any and all terms hereof; and that he, she, or it is executing this Agreement voluntarily, free from any undue influence, coercion, duress, menace, or fraud of any kind. 29. Waiver. The waiver or failure to enforce any provision of this Agreement shall not operate as a waiver of any future breach of that, or any other, provision of this Agreement. 30. Attorneys' Fees: Prejudgment Interest. If the services of an attorney are required by any party to secure the performance of this Agreement or otherwise upon the breach or default of a party, or if any judicial remedy or arbitration is necessary to enforce or interpret any provision of this Agreement or the rights and duties of any person in relation thereto, the prevailing party shall be entitled to reasonable attorneys' fees, costs and other expenses, in addition to any other relief to which such party may be entitled. Any award of damages following judicial remedy or arbitration as a result of the breach of this Agreement or any of the Agreement's provisions shall include an award of prejudgment interest from the date of the breach at the maximum amount of interest allowed by law. 31. Recordation of Agreement. Upon execution, this Agreement shall be recorded in the Official Records of Santa Clara County, California. 15 { t~ ~S-- 32. Interpretation: Amendment. 32.1 This Agreement has been executed in California. 32.2 The captions of the paragraphs of this Agreement are for convenience only. 32.3 The provisions of this Agreement shall bind, and inure to the benefit of, the successors and assigns of each party. 32.4 The tenllS of this Agreement may not be modified or amended except by an instrument in writing executed by each of the parties and recorded in the Official Records of Santa Clara County, California. 32.5 As all parties have had the opportunity to have this Agreement reviewed by the party's own counsel, the rule of construction providing that ambiguities in an agreement shall be construed against the party drafting the same shall not apply. 32.6 If any dates hereunder fall on a Saturday, Sunday or legal holiday, such date shall be the next following business day. 33. Governing Law: Venue. This Agreement shall be construed and enforced in accordance with the laws of the State of California. Venue for any arbitration or judicial proceeding concerning this Agreement shall be in Santa Clara County, California. IN WITNESS WHEREOF, the parties have executed this Agreement as of the date(s) set forth below. Dated April 21, 2005. Borel Private Bank & Trust Company, formerly Borel Bank and Trust Company By: Lawrence M. Russell, Senior Vice President & Trust Officer Trustee of the Taro Yamagami Testamentary Trust uJw dated January 13, 1984 Dated April 21, 2005. Toya Yamagami Dated April 21, 2005. Gregg C. Bunker 16 lr-2-0 State of California ) ) ss. ) County of San Mateo On April _' 2005, before me, , a Notary Public, personally appeared Lawrence M. Russell, personally known to me (or proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal. Notary Public State of ) ) ss. ) County of On April_, 2005, before me, , a Notary Public, personally appeared Toya Yamagami, personally known to me (or proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to the within instrument and acknowledged to me that she executed the same in her authorized capacity, and that by her signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal. Notary Public 17 / t~ 11 State of California ) ) ss. ) County of Santa Clara On April _, 2005, before me, , a Notary Public, personally appeared Gregg C. Bunker, personally known to me (or proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal. Notary Public 18 Ir~13 CONSENT OF YAMAGAMI TRUST TENANTS Each of the undersigned, together being all of the present tenants of the Yamagami Trust, acknowledge that he, she, or it has read the foregoing Agreement and agrees to abide by its tenlls. Each tenant also acknowledges that he, she, or it has been fully apprised by the tenant's chosen advisors of the legal effect and meaning of this Agreement; that he, she, or it has had the opportunity to make whatever investigation or inquiry it deemed necessary or appropriate in connection with the subject matter of this Agreement; and that he, she, or it is executing this Agreement voluntarily, free from any undue influence, coercion, duress, menace, or fraud of any kind. Dated April 21, 2005. M. Oka, Inc., doing business as Yamagami Nursery, Inc. By: Preston Oka, President Dated April 21, 2005. American Leisure Company, a California corporation By: Fred Freiberg, President Dated April 21, 2005. Sally A. Carpenter, doing business as Bobbi's Coffee Shop State of California ) ) ss. ) County of Santa Clara On April_, 2005, before me, , a Notary Public, personally appeared Preston Oka, personally known to me (or proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal. Notary Public 19 (ð~l~ State of ) ) ss. ) County of Santa Clara On April_, 2005, before me, , a Notary Public, personally appeared Fred Freiberg, personally known to me (or proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instmment. WITNESS my hand and official seal. Notary Public State of California ) ) ss. ) County of Santa Clara On April_, 2005, before me, , a Notary Public, personally appeared Sally A. Carpenter, personally known to me (or proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to the within instrument and acknowledged to me that she executed the same in her authorized capacity, and that by her signature on the instmment the person, or the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal. Notary Public 20 t r- <)l) PARKING RESTRICTION AGREEMENT This License & Easement Agreement is entered into as of April 21, 2005, between Borel Private Bank & Trust Company, formerly Borel Bank and Trust Company, as Trustee of the Taro Yamagami Testamentary Trust u/w dated January 13, 1984 and Toya Yamagami, an unmarried woman (collectively, "Yamagami Trust"), and Gregg C. Bunker, an unmarried man ("Bunker"). I. The parties on this same date entered into a License and Easement Agreement, which agreement is contingent upon the occurrence of certain events. If those contingencies are not satisfied, so that the License and Easement Agreement does not take effect, then this agreement shall likewise be of no force and effect. 2. By the License and Easement Agreement, the parties provided for certain limited parking restrictions within the parking spaces which are hereafter identified. All capitalized terms are defined herein as they are in the License and Easement Agreement. 3. The parking spaces that are subject to the parking restrictions set forth in Paragraph 4, below, are those parking spaces located within the following areas: 3.1 The Yamagami Parking License Area 3.2 The Yamagami Non-Exclusive Parking Easement 3.3 The Bunker Non-Exclusive Parking Easement 4. The parties agree that within the above-defined parking areas the owner of the servient tenement within each area shall have the option to place one or more sign(s) in that area that reads as follows: Customer Use Only Two Hour Maximum Parking 5. Any dispute with regard to this Agreement shall be settled pursuant to the terms of Paragraph 26 of the License and Easement Agreement, which are incorporated herein by this reference. Dated April 21, 2005. Borel Private Bank & Trust Company, formerly Borel Bank and Trust Company By: Lawrence M. Russell, Senior Vice President & Trust Officer Trustee of the Taro Yamagami Testamentary Trust u/w dated January 13, 1984 Dated April 21, 2005. Toya Yamagami Dated April 21, 2005. Gregg C. Bunker /8'-31 >"i1L.~,"L.O>"il!fO<.c.oUfO<.T . Ui~"""'=.$~ D :} r tI '11 r () ~ m ~ :} :Þ- -< [J ¿( ... \.... ;;~'i"·,r;~."·iA;'!,,¡! .............,.. . . . . . . . . . . . . . . ~. . ·········......i... .................... ": ::,t:::!:::::::::::::::>:::....... I::: ¡ .j'.+::::: ! ; :~~:f:->:: ~ --------- . U-4<I' .,,""""~.. ~ III omit ~ , , , · · · i > > ~ ~ ~ ~ 2 , , > > > > " · · · " " " · > > > · · · r , , · 2 X · > 0 0 > 2 · 2 Õ 2 2 ~ 0 > 0 " ~ · · 2 2 > Z 0 > " " ~ 0 · > z > > E · 0 0 C r , · r r · · " · r C C " " " · " · · · " 2 " < " > · · I 2 · · 0 > " > · · > 0 · > , 0 > 0 · > · ~ > · 0 · , 0 · · > · " > 2 0 · · · · > > · · > · 2 " · > 0 · > · · · > · I · ~ · · · I · I 2 · · < · ~ X " ~ ~ X X · ~ ~ 2 ~ r--------------------------------, , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , " 2 · , X · ~ B p ., n .< >, x ~ · · · , m o. 0" ," H .. '. r8 ~. ¡¡ S. De ANZA BLVD. , > n C ~ ~ ~ '" n . . C.ONC.EPTUAL PAR-KING PLAN Willi' :Þ- I n '" C jiljml '" ~ - C' . ~ I " ~ 0 ~ < . YAM AGo AMI NURSERY /ETAL ¡j , oc< ~ z . ê , ~ 1 S61 !; PI' ANZ'" 6LVP. ,1¡¡Hì¡ !'!! .00 ~ 0 , " , 8 .II!" " Ç)~-I , ~ 1111~ co· ~ CUPI'RTINO. CA 'eo 14 't. 1 Ii '>. f'WJ!'CT fr--3.L City Hall 10300 Torre Avenue Cupertino, CA 95014·3255 Telephone: (408) 777-3223 FAX: (408) 777-3366 Website: www.cupertino.org OFFICE OF 1HE CITY CLERK August 9, 2005 Gregg Bunker 15554 On Orbit Road Saratoga, CA 95070 Re: Consider an appeal of the Planning Commission's approval of Application No. M-2005- 01 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 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. Dear Mr. Bunker: At its June 7, regular meeting, the Cupertino City Council City Council moved to deny the appeal and modifY the conditions of approval as recommended by the City Attorney, as follows: A building permit will not be issued on the rear site unless the applicant meets one of these conditions: (1) Has an agreement with the neighboring property owner regarding the location of the easements (2) Provides the city a judgment from a court saying there is no easement in favor of the neighboring property on the back parcel (3) Presents the city with a written policy of title insurance by a reputable title company in an amount determined by the City Attorney to be adequate to insure the city that there is no easement. Please review conditions carefully. If you have any questions regarding the conditions of approval, please contact the Department of Community Development at 408-777-3308 for clarification. Failure to incorporate conditions into your plan set will result in delays at the plan checking stage. If development conditions require tree preservations, do not clear the site until required tree protection devices are installed. The conditions of project approval set forth herein mllY 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 ¡t- '33 M-2005-01 Page 2 June 13, 2005 hereby further notified that the 90-day approval period in which you may protest these fees, dedications, 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. Any interested person, including the applicant, prior to seeking judicial review of the city council's decision in this matter, must first file a petition for reconsideration with the city clerk within ten days after the council's decision. Any petition so filed must comply with municipal ordinance code §2.08.096. Sincerely: Karen B. Guerin Administrative Clerk cc: Tom Sloan Y amagami' s Nursery Department of Community Development ¡r-~]L{ f('ECORDING REQUESTED BY 8411487 J 348 PAGE 913 ·Stewart Title of California 8:00 A.M. Laurie Kane. Recorder Santa Clara County, Official Records [ iEC FEE RI/IF MICRO LIEN NOT SMPF Rocorded allha raquast of STEWART TITLE of CALIFORNIA E.6CROW NO. 141?70 ~nn 141271 ANe WHEN RECORDED MAIL TO I ¡ I , ~~ Gregg Bunker 1890 Canrlen Ave. San Jose, Ca. I MAY 1 7 1985 L .J I "'AIL TAX STATEMtNTSTO SPACE ABOVE THIS LINE RESERVED FOR RECORDER'S USE I Addressee AlxNe L '!, Co 10 - \~. Sip :,. Cø<ø - \ ~ -ïC .J A.P. No. Grant Deed Furnished by STEWART TITLE of CALIFORNIA The undersigned grantor(s) declare(s): Documentary transfer tax is $ 484.00 ~ computed on full value of property conveyed, or ( ) computed on full value less value of liens and encumbrances remaining at time of sale. ( ) Unincorporated area: ( ) City of . and FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, JIRQ YÞ.MA.C?JU1I, Personal Representative of the Estate of Taro Yama.gami J ("'\ he,eby GRANT(S) to GREGG C. BUNKER, a single man (f\ the following described real property in the City of Cu:¡:::ertino County of Santa Clara , State of Califonùa: ..J ..) ('C\ legal description attacheà. hereto as Exhibit "A" and made a part hereof. Dated: AtJriJ a.~P- _. J:i¡t6 Yana " perZ Representative of th=:o 'P.!=;r;:¡f-p nT 'T';¡rn' Varnacmm;. U'Jr~ Jant to the COurt Order filed Decat1ber 17, 1985 17. 1985 STATE OF CALIFORNIA } COUNTY OF Santa Clara 55. On Äpri 1 12 . 1 qRS before me, the under- signed, a Notary Public in and for said State, personally appeared ,Ti rn V;:¡m;:¡gAm; ¡:>et'S"e'I'IftH",*~,\"ft-..I:I'_ (or proved to me on the b~is of satisfactory evidence) to be the person(s)_ whose na e ----±§ subscribed to the within instrument and acknowledged that /-"'cxe d t 5 e WITNESS my hand od arn . . . OFFICIAL SEAL C. HERRICK . NOTARY PUBUC . CAUFORNIA SANTA ClARA COUNTY My Comll'l Expires Au¡. 29, 1988 Signature C. Herrick Name (Typed or Printed) ( This area for official notariaI seal) MAIL TAX STATEMENTS AS DIRECTED ABOVE STC32 [r~7) EXHIBIT "A" J 348PAGE 914 PARCEL ONE: LOT 15, TRACT 5755, FILEO SEPTEMBER 17, 1980 IN BOOK 471 OF MAPS, AT PAGE 32, SANTA CLARA COUNTY RECORDS. B. BEGI~ING AT A RAILROAD SPIKE DRIVEN IN THE CENTERLINE OF THE SUNNYVALE- SARATOGA ROAD AT THE SOUTHEASTERLY CORNER OF THAT CERTAIN 17.546 ACRE TRACT OF LAND CONVEYED BY JOrN MESSEMER, ET UX, TO NORMA STEFFANI, ET AL, BY DEED DATED MARCH 24, 1933, RECORDED MARCH 24, 1933 IN BOOK 639 OF OFFICIAL RECORDS, PAGE 568, RECORDS OF SANTA CLARA COUNTY, SAID RAILROAD SPIKE BEING ALSO AT THE NORTHEASTERLY CORNER OF TRACT NO. 124 SUBDIVISION OF THE VAN DINE TRACT IN SECTION 25, TOWNSHIP 7 SOUTH RANGE 2 WEST M.D.M. ACCORDING TO THE MAP THEREOF OF RECORD IN THE OFFICE OF THE RECORDER OF THE COUNTY OF SANTA CLARA, STATE OF CALIFORNIA, IN BOOK 4 OF MAPS, PAGES 24 AND 25, SAID POINT OF BEGINNING BEING ALSO THE SOUTHEAST CORNER OF THAT CERTAIN 7.392 ACRE PARCEL OF LAND DESCRIBED IN THE DEED FRCI'1 NORMA STEFFANI, ET AL, TO O. J. REGNART, ET UX, DATED DECEMBER 14, 1944, RECORDED DECEMBER 15, 1944 IN BOOK 1241 OF OFFICIAL RECORDS, PAGE 17, SANTA CLARA COUNTY RECORDS, THENCE RUNNING ALONG THE CENTER LINE OF SAID SUNNYVALE-SARATOGA ROAD, NORTH 159.866 FEET TO THE TRUE POINT OF BEGINNING OF THE PAACEL TO BE HEREIN DESCRIBED THENCE FRCI'1 SAID TRUE POINT OF BEGINNING />KJ CONTINUING ALONG THE CENTERLINE OF SAID ROAD NORTH 105 FEET MORE OR LESS TO fHE SOUTHEASTERLY CORNER OF THAT CERTAIN PARCEL OF LAND DESCRIBED IN THAf CERTAIN DEED OF TRUST EXECUTED BY TARO YAMAGAMI, DATED DECEMBER 31, 19'5, RECORDED JANUARY 9, 1957 IN BOOK 3702 OF OFFICIAL RECORDS, PAGE 151, Tf"·NCE WESTERLY AlONG THE SOUTHERLY LINE OF SAID PARCEL AND ITS WESTERLY PR( ONGATION 209 FEET THENCE SOUTH AND PARALLEL WITH THE CENTERLINE OF SAID,UNNYVALE-SARATOGA ROAD 105 FEET, THENCE EAST AND PARALLEL WITH THE SOUTHfRL Y LINE OF THE YAMAGAMI PARCEL 209 FEET TO THE TRUE POINT OF BEGINNI~; AND BEING A PORTION OF THE EAST 1/2 OF THE NORTHWESTERLY 1/4 OF SECTION 25, TOWNSHIP 7 SOUTH RANGE 2 WEST, M.D.B. & M. EXCEPTING THEREFRCI'1 ALL THAT CERTAIN TRACT OF LAND AS GRANTED IN THE DEED FRCI'1 O.J. REGNART, ET UX, TO THE STATE OF CALIFORNIA, DATED JANUARY 27, 1959, RECORDED FEBRUARY 17, 1959 IN BOOK 4326 OFFICIAL RECORDS PAGE 19, AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: C0M'1ENCING AT THE SOUTHEASTERLY CORNER OF THE PARCEL OF LAND CONVEYED TO TARO YAMAGAMI RECORDED DECEMBER 9, 1947 IN BOOK 1447 AT PAGE 490, OFFICiAl RECORDS OF SANTA CLARA COUNTY; THENCE ALONG THE LINE CCM10N TO THE LANDS, NOW OR FORMERLY OF O. J. REGNART ET UX, AND OF TARO YAMAGAMI, NORTH 89 DEG. 07' 04" WEST 25.66 FEET; THENCE SOUTH 1 DEG. 39' 41" EAST 120.16 FEET TO THE WESTERLY LINE OF THE EXISTING STATE HIGHWAY IN SANTA CLARA COUNTY ROAD IV-SJS; THENCE SOUTH 88 DEG. 57' 48" EAST 20.00 FEET TO THE CENTER LINE OF SAID STATE HIGHWAY; THENCE ALONG SAID CENTER LINE /IORTH 1 DEG. 02' 12" EAST 120.09 FEET TO THE POINT OF COMMENCEMENT. RESERVING THEREFRCI'1: AN EASEMENT APPURTENANT TO THE REMAINING LANDS OF GRANTORIJat1fuan.t TENA'1ENT FOR VEHICULAR INGRESS AND EGRESS />KJ PARKING PURPOSES EXCLUDING USE BY COMMERCIAL VEHICLES SUBJECT TO THE TERMS AND PROVISIONS OF THAT CERTAIN AGREEMENT ATTACHED HERETO AS EXHIBIT "A-I" AND MADE A PART HEREOF. ¡ ~ 'P'" ~ _II, ]...~, J. *""'e (or proved to me on the basis of satisfactory ~III evidence) to be ¡he person(s~ whose name --is.subscribed to the within instrument and aCknowledg that ne execute the same. . . OFFICIAL SEAL C. HERRICK . NOTARVf'CJBUC· CAlIFORNIA SANTA CLARA COUNTY . My eo.... E.pi~. .,. 2.. ,." Signature STC67 C fI'""".,...'¡,..k Name (Typed or Printed) (This arca for oI6cial nolarial seal) r :: ~ lillT ¡¡, [;OUNTY OF SAN FRANCISCO = MyCommissionexpjresAprfl30,1986 811.II.IIII.UIIIIIIIIII.IIIIIIIIIII..IUIIIIIIIIIIIIIIII --...)0;:1..10;:1..01 V - -6ronbehalf of the corporation thereJn named, and acknowledged to me that the corporation executed it. WITNE~ Of); ~eaL Notary's SIgnature /ð--j~ ------- J 348PAGE 915 EXHIBIT "All, CONT' / r< PARCEL TWO: AN EASEMENT APPURTENÞNT TO THE PROPERTY DESCRIBED IN PARCEL ONE ABOVE (DOMINANT TENÞl"ENT) OVER THE LANDS OF GRANTOR (SERVIENT TENAMENT) FOR INGRESS AND EGRESS ÞND PARKING PURPOSES SUBJECT TO THE TERMS AND PROVISIONS OF THAT CERTAIN AGREEMENT ATTACHED HERETO AS EXHIBIT A-I AN:> MADE A PART HEREOf. PARCEL THREE: AN EASEMENT APPURTENANT TO THE PROPERTY DESCRIBED I N PARCEL ONE ABOVE (DO'HNANT TENAi"ENT), FOR THE CONSTRUCTION, INSTALLATION AND MAINTENANCE Of LAN:>SCAPING, INCLUDING BUT i'l)T LIMITED TO PLANTING, TRÞNSPLANTIN:;, SETTIN:; OUT, UPROOTING, PRUNING (ABOVE AND BELOW GROUND, AN) TRIMMIN:; Of ORNAMENTAL TREES, SHRUBS, GROJND COVER AND OTHER PLANT MATERIALS, AN:> FURTHER INCLUDIN:; CONSTRUCTION, INSTALLATION AND MAINTENANCE OF AN IRRIGATION SYSTEM AND APPURTENANCES, AN:> Hi": RIGHT TO GRIIDE, EXCAVATE AND OTHERWISE PREPARE THE REAL PROPERTY DESCRIBED IN THE EASEMENT FOR PLANTING, TRANSPLANT IN:; AN:> SETTING DUT, AS THE CASE MAY BE TOGETHER WITH THE RIGHT OF INGRESS AND EGRESS OVER, UNDER AND THROJGH A STRIP Of LAND Of A UNIFORM WIDTH DF THREE FEET WHICH LIES i'l)RTHERLY Of AND CONTIGUOUS TO THE i'l)RTHERLY LINE Of PARCEL ONE HEREIN DESCRIBED, BEING 108 FEET IN LEN:;TH (EAST TO WEST) THE EASTERLY BOUNDARY LINE OF WHICH LIES 53 FEET WESTERLY FROM THE WESTERLY LINE OF THE LAN:>S CONVEYED TO THE CITY OF SAN JOSE BY DEED RECORDED DECEMBER 5, 1968 IN BOCK 8358 AT PAGE ~60, OFFICIAL RECORDS. APN: 366 19 056 APN: 366 19 70 , ~ ~~,~~ .~!I" 1 "",",,"mc (or proved to me on Ihe basis of satisfactory ~ cvidençe) to be the person(sJ- whose name -is.subscribed to the within instrument and acknowledg that ne execute the same. ici .. OFFICIAL SEAL C. HERRICK NOTA.RY PUBUC . CAUFQRNIA SANTA CLARA COUN'TY My Comm. bpires Aug. 29, 1988 Signature $TC67 C J.,forr';r"'1I" Name (Typed or Printed) (This arca ror oftiçial notarial Kal) .~. ~~:~.~:;~~;;:~;~:=";=""..'] :--~ 1,,11 rx-c(J[JNl"fl)TlwtRANCIšCO-----=---" :: MyCommiuion oxplresA?rfl 30,1986 :: .""IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIUIIIIIIIIIIIIII ¡ Ir~j7 I J 348PAGE 916 EXHIBIT A-I AGREEMENT RE: Ir-.GRESS AND EGRESS EASEMENTS THIS AGREEMENT IS MADE THIS 12 DAY OF ADril , 1985, BY AND BETWEEN JIRO Yi>MAGAMI, AS EXECUTOR OF THE ESTATE OF TARO Yi>MAGAMI, HEREINAFTER REFERRED TO AS GRANTOR AND GREGG BUNKER, INDIVIDUALLY AND DOING BUSINESS AS PHOTO DRIVE-UP, INC., HEREINAFTER REFERRED TO AS GRANTEE. WHEREAS: GRANTOR HAS CONVEYED TO GRANTEE THE EASEMENTS DESCRIBED IN PARCEL TI>\) AND THREE OF EXHIBIT A TO WHICH THIS AGREEMENT IS ATTACHED... NOW; THEREFORE: GRANTOR AND GRANTEE HEREBY AGREE THAT SAID EASEMENT IS INTENDED FOR THE USE DF CONSLMERS ONLY AND NOT OF CO'1MERC IAL VEHICLES AND THAT THE DWNER OF THE DOMINANT TENÞMENT (GRANTEE) SHALL BE RESPONSIBLE FOR ALL INITIAL COSTS OF CONSTRUCTION OF CURBS, GUTTERS AND LANDSCAPING AS REQUIRED BY THE CITY OF CUPERTIND ÞW THEREAFTER, FOR ALL COSTS FOR MAINTENÞNCE AND REPAIR OF THE SAME AS TO THE DRIVEWAY NOW LOCATED OR TO BE LOCATED AT THE SOUTHEASTERLY CORNER OF THE SERVIENT TENA'lENT CNL Y. GRANTOR SPEC IF ICALL Y RESERVES ALL RÌGHTS OF I!\GRESS AND EGRESS OF ALL VEHICLES OVER AND UPON SAID DRIVEWAY AS THE SA'1E IS NECESSARY OR DESIRABLE TD THE SERV lENT TENÞMENT. THIS INSTRLMENT SHALL BE BINDING UPON THE PARTIES TO THIS AGREEMENT, THEIR HEIRS, SUCCESSORS AND ASSIGNS. THIS INSTRLMENT CONTAINS THE ENTIRE AGREEMENT BETWEEN THE PARTIES RELATI!\G TO THE RIGHTS HEREIN GRANTED AND THE OBLIGATIONS HEREIN ASSLMED. ANY ORAL REPRESENTATIONS OR MODIFICATIONS CONCERNING THIS INSTRUMENT SHALL BE OF NO FDRCE AND EFFECT EXCEPTING A SUBSEQUENT MODIFICATION IN WRIT ING SIGNED BY ALL PARTIES. IN WITNESS WHEREOF, WE HAVE EXECUTED THIS INSTRLMENT THIS 12 DAY OF April , 1985 DBA (Individual) STATE OF CALIFORNIA ì f SS. COUNTY OF ~;::!n+-;::¡ ("1 '::n''"::I tOn April 12, 1985 before mc, the under- signed, a Notary Public in and for said State, personally appeared Gregg Bunker · · · , · " , ~ 1'~~"'''''''e (or proved to me on the basis of satisfactory UI evidence) to be the person(s>- whose name ~scribed to I the within instrument and acknowlcdg that , execute the same. .ici e Signature OFFICIAL SF:.AL C. HERRICK NOTARYflUSUC, CAUFORNIA SANtA CLARA COUNTY My Comlft. Expires Au;. 29, t981!1 5TC67 ç: Uo-rri r1c- Name (Typed or Printed) (Thi5arca!orolfici.a.lnotarialsul) I -¡ ~CIIY' C{)UNTY OF SAN FRANCISC{) :: My Commlmon expIres April 30, 1986 .11''''''"11111111111111111111111111111111111111''111111 .)t:L.r t: I..or v orõn behalf of thë-corporationtherein named, and acknowledged to me that the corporation executed It. WITNE~ Of)Z ~eaL Notary's Signature If-S¥' April 22, 2005 Page 1 of 4 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 property 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 (1) review the application de novo, (2) send it back to the Planning Commission for reconsideration, or (3) simply let the original condition stand? lt~39 6/1/2005 ~ -) '-.\ City of Cupertino 10300 Torre Avenue Cupertino, CA 95014 (408) 777-3308 Fax: (408) 777-3333 CITY ÔF CUPERJINO Community Development Department Summary Agenda Item No._ 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 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). 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 iff-AID M-2005-01 Page 2 Wildflower Condominiums 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 representatives 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. APPLICANTS 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. Staff 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 (ð'--L( ( M-2005-01 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 purview of the City: . Obtain a court clarification of the parking easement; 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 It~L{:L M-2005-0l CITY OF CUPERTINO 10300 Torre Avenue 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 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 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- lr~lj3 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: APPROVED: Steve iasecki Director of Community Development Gilbert ong, Chairpers Cupertino Planning Co c:\ Planning \ PDREPORT\ RE5\M-2005-OI res.doc { 't~LfLf CITY OF CUPERTINO 10300 Torre Avenue, Cupertino, California 95014 DEPARTMENT OF COMMUNITY DEVELOPMENT REPORT FORM Application: M-2005-0l Applicant: Tom Sloan Owner: Gregg Bunker Location: 1375 South De Anza Boulevard 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 model resolution. BACKGROUND: On April 12, 2005, the Planning Commission considered the application and continued the item with the following directions for staff: . Review the applicant's suggestion to modify the condition to require either paving of 20 additional stalls on the adjacent 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 easement 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 involves two private 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 private agreement. Therefore staff is not supportive 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 I fj-Lf S- Applications: M -2005-01 Wolf Camera Mixed-Use April 26, 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 given the ambiguity of the parking easement language. However, 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 Developme~ 2 !'rA/(¡ M-2005-0l 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 11: 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 11. 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 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- {t-L{ 1 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 COMMUNITY DEVELOPMENT DEPT. 13. INCIDENTAL PARKING: The applicant shall pro'¡ide 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 pcrmits. The final parking plan shall closely approximate the conceptual parking plan submitted by the Metro Design Croup datcd July 11, 2003 and shall be submittcd to the Planning Departmcnt for rcyicw and appro'¡al obtain a written confirmation from the Yamagami Trust (or representatives thereof) that thev 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: COMMISSIONERS: COMMISSIONERS: COMMISSIONERS: ATTEST: APPROVED: Steve Piasecki Director of Community Development Gilbert Wong, Chairperson Cupertino Planning Commission /o-liS' CITY OF CUPERTINO 10300 Torre Avenue, Cupertino, California 95014 DEPARTMENT OF COMMUNITY DEVELOPMENT REPORT FORM Application: M-2005-0l Applicant: Tom Sloan Owner: Gregg Bunker Location: 1375 South De Anza Boulevard Agenda Date: April 12, 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 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 (U-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. Even though the two properties function independently in terms of parking and use, both property owners have mutually agreed to share any incidental or inadvertent customer parking. Sharing access and incidental parking is a common occurrence between commercial properties with shared parking lot access or driveways. 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 have no objections to the project as planned. {f -\{~ Applications: M-200S-01 Wolf Camera Mixed-Use April 12, 2005 Enclosures: Model Resolution Planning Commission Conditions of Approval, July 14, 2003 Submitted by: Gary Chao, Associate Planner ~ Approved by: Steve Piasecki, Director of Community Developm~ 2 1&--57) 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-2005-0l 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 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- {ð".~ S-/ Resolution No. Page 2 M-2005-01 April 12,2005 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 COMMUNITY DEVELOPMENT DEPT. 13. INCIDENT AL PARKING: The applicant shall pro'¡ide at least 20 additional stalls on thc adjaccnt commercial property (to help offset the incidcntal parking stalls being displaced as part of this project) prior to issuance of building permits. The final parking plan shall dasdy approximate the conceptual parking plan submitted by the Metro Design Croup dated July 1 '1,2003 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 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 vote: AYES: NOES: ABSTAIN: ABSENT: COMMISSIONERS: COMMISSIONERS: COMMISSIONERS: COMMISSIONERS: ATTEST: APPROVED: Steve Piasecki Director of Community Development Gilbert Wong, Chairperson Cupertino Planning Commission t r~)'.L 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: PROJECT 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. /8--)3 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 approved 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 from 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 approval. The project shall comply with any recommendations and conditions specified by the City's Arborist Consultant with. 5. SIDEW ALK 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 (CC&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. 1?-f'1 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-conforming 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 Ir~)5 Resolution No. 6196 Page 4 U-2003-03 July 14, 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 EQUlPMENTS: 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. l8- ~)~ Resolution No. 6196 Page 5 U-2003-03 JuJy 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 shall be as approved by the City Engineer. Lighting fixtures shall be positioned so as to preclude glare and other forms of visual interference to adjoining properties, and shall be no higher than the maximum height permitted by the zone in which the site is located. 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 approved 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 Ordinances and regulations of the City of Cupertino, and shall coordinate with affected utility providers for installation of underground utility devices. The developer shall submit detailed plans showing utility underground provisions. Said plans shall be subject to prior approval of the affected Utility provider and the City Engineer. {(>J1 Res01ution 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 providing for payment of fees, including but not limited to checking and inspection fees, storm drain fees, park dedication fees and fees for undergrounding of utilities. Said agreement shall be executed prior to issuance of construction permits. Fees: a. Checking & Inspection Fees: b. 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 event 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 Environmental Programs Department. Clearance by the Public Works Department is needed prior to obtaining a building permit. lr..-r-~ 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 conditions specified in Section IV of this Resolution conform to generally accepted engineering practices. Isl RalphOualls 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: I sl Steve Piasecki Steve Piasecki Director of Community Development Isl Angela Chen Angela Chen, Chairperson Cupertino Planning Commission G, \Planning\ PDREPORT\RES\ U-2003-03coö.doc lt~)1 City of Cupertino 10300 Torre Avenue Cupertino, CA 95014 (408) 777-3223 I{[j) fE rc Œ ff W (E JirI lrùl MAY 5 2005 ~ CUPERTINO CITY CLERK 1. Application No. APPEAL {ý\ - 2(005 - 0 J 3. ío\'Y\ ~\ðOI"¡ /DWNt1., (DfL'iJàG ß()I"JKE/( I l1 fL US G r I . [5 U N I{ ¡¿ ~ \SSS4 (of\1 Q)í¿S,¡)- ru¿ ~ f\ 11_-1:::> h:J,:\ ~ ) ~ í1 5 Of Ò 1">~N ~ ~ 1\ O~ 4. J Decision of Director of Community Development I~ "'T Decision of Planning Commission - (please check one) Applicant(s): 2. Appellant(s): name, address, phone number 1 ~l- ¡ 72-) 14-l~.Ç hqj 5. Date of determination of Director or mailing of notice of City decision: 8ì N'o/\L\ L L10 ) '¿.co S ~ 6. Basisofappeal:~ÐN.<?-t\~"\'oJ l..s- 0"'-1 ~c..SO.J()b\Il¿Af(,bl Q..."'~ A~J ~~rQ.\· C-\J) l\S, S; t'~~\ ~\c.."" \ \ ~ ( l ~) -MV\ t V\ \~-tT~íl ~Q'V'0-- ~~W1""~G~'\ -fiLli\-sY ~\\~t Ivl<.- öb>r-Q\\ N.QJ *'~ ~ ~"b Ìrì p,VQ., No J,Jec...'t-\ o~l ~ t D ~ 'P Q9J J \tel- ~ s: ~ \ p~ ~ ~ @ n~..t-tJ h "IS ~ ~ \ N ~\ ~~ ~ 6'--l. ~úrJ\ \ N.'ò ,?'U \\ ì h.~e,S . Signature(s) \1~ L[1~ ~ Please complete form, include appeal fee of$ N S and return to the attention of the City Clerk ;:¡ppeals/appek fom11.doc I t -(PO . To be completed by City Clerk staff Staff Form - Appeals (attach to Appeal form submitted) 1. Application No. fVl- 2(J() 5"-0 I 2. Fee submitted? Yes V No 3. Date of decision or mailing: L( h'& (0:;- S-/ç/OS- lö h (OS 4. Date appeal received: 5. Hearing scheduled for 6. Notification sent to: Applicant(s) Appellant( s) Interested parties Planning Department 7. Date legal notice published: appeals\staff.doc ¡ r-~ ( Law Offices of DA VID B. PRINCE, P.c. ATIORNEY AT LAW 20465 Saratoga-Los Gatos Road, Suite 100 SARATOGA, CALIFORNIA 95070 P.O. BüX 33144, LOSGATOS, CALIFORNIA 95031 Telephone: (408) 354-5788 . Facsimile: (408) 867-3777 [O)[E~ŒnWŒrF\\ lJil MAY 5 3IIJ5 '~ ': 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 favor 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 { t~(;¡;¿ LAW OFFICES CRIST, SCHULZ, BIORN 8< SHEPHERD A PROFESSIONAL CORPORATION 1)1)0 HAMILTON AVENUE, SUITE 300 PALO ALTO, CALIFORNIA 94301 (ð50) 321-5000 Kristofer W. Biorn Direct dial: 321-5007 Email: kbiom@csbslaw.com FAX (ðSO) 32ð-2404 May 27, 2005 City Council City of Cupertino Cupertino City Hall 10300 Tore Avenue Cupertino, California 95014-3232 Application: Application: Owner: Location: M-2005-01 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 III of the Resolution concerns conditions to be administered by the Community Development Department. Item 13 of Section III ("Condition IIl-13") states as follows: INCIDENTAL PARKING: The applicànt 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 fmal 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. 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 revision of easement agreements that affect ([-lo 3 GRIST, SCHULZ, BIORN Be 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-2005-01). 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 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. 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 unreasonable, arbitrary and capricious action, which constitutes an unlawful delegation of the City's police power. Again, this new condition places final 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 unreasonable 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) ¡ 8- --fø Y Cupertino Planning Commission 2 April 26, 2005 POSTPONEMENTSIREMOV AL FROM CALEND 3. EXC-2005-08 Martin Bernstein 22362 Regnart Rd. Motion: CONSE PUBLIC HEARING 1. M-2005-01 Tom Sloan (Wolf CameraIWildflower 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 tbe calendar. (Vote: 4-0-0; Com. Chen None 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!2, 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 staff's 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 Oka regarding the application. I ð' -~ ( 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 inteIject 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 pennission. · 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 project. · 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 of the 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 l r-&~ Cupertino Planning Commission 4 April 26, 2005 attorney set out, it is made out to Mr. BWlker as beneficiary, not the city; there is no title guarantee that there are no easements. o 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 Trnst: o 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. o 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 from 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. o 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. o 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. o 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. o 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. oWe 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. oWe 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 Russell, Borel Private Bank, Trustee: o On March 27, 2005 I left the country for three weeks anticipating that upon my return the agreement would be signed, sealed and delivered. o 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. { r-& '7 Cupertino Planning Commission 5 April 26, 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 concemed 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 ofMr. 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 wi1l 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 wi1ling 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 fÌ'Ustrating: 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 wi1l again in the future. Chair Wong: · Said that according to the city attorney, if the applicant was wi1ling to sign the agreement they cou1d move forward on the issue. Mr. Buuker: · Said he appreciated the comment and noted they were sti1l in negotiations; but some items came up that are difficult for me to understand that they would take one sentence and have ¡r-(ç% 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 terms 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 information 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: o 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. o 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. [ r-~ 7 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-2005-01. 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-2005-01, per the model resolution. (Vote: 4-0-0; Com. Chen absent). Mr. Piasecki: · Noted it was a final decision of the Planning Commission unless appealed to the City Council within 14 days. ASA-2005-04 John Tang (San Jose Water Co.) Regnart Road. Architectural and site approval for a security fence for an existing water tank. Planning Commission decision final unless appealed. · rselffrom 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 architectural 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 lowe 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 ovember 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 p the benn. · 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 I r- lD 05/31/2005 03:23 4088573777 LAW OFFICE PAGE 01/25 Law Offices of DAVID B. PRINCE, P .C. ATIDRNEY AT LAW P.o. Box 33144, Los Gotos, California 95031 TeJephone: (408) 354,5788 . Facsim;le: (408) 867,3777 FACSIMILE TRANSMISSION COVER SHEET RETURN FAX # (408) 867-3777 Date: May 31,2005 To: Gary Chao From: David B. Prince Re: Correspondence reo Bunker Development Pages: 26 Comments: Gary, please see attached appeal by Mr. Bunker. David B. Prince The document:s accompanying this fax. trQflsmission are confidential and subject to the attorney client privilege. The information is intended only for the use of the individual or entity nam~ above. If you are not the intended recipieT1t you are hereby notified that any disclosure, copying, distribution, reliance upon or dissemination in any capacity of this telessis communicated information is strictly prohjbited. If you have received thi::> communication in error, please notify us by coHeet telephone and return the original document to us at the address above at our expense. Ir~11 05/31/2005 03:23 4088573777 LAW OFFICE PAGE 02/25 Gregg ßunker 15554 On Orbit Road SARATOGA, CALIFORNlA 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. MAIT_ RE: Statement on Apneal from Resolution No. 6297 of the Plannin~ Commissiml Application: M-2005-01 Application: U-2003-04 (EA-2003-06) Owner: Gregg Bunker Location: 1375 South De Anza Boulevard Dear City Council, I am the owner of 1375 South De Anza Boulevard, Cupertino. In 2003 I applied to develop my above indicated property. At a planning commission hearing on the development 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 attacbed hereto dated January 6, 2004 by David Gibbons of Barry Swenson Builders, providing proposed dates to conduct striping of the parking spaces.) Sadly, Yarnagami 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, Yamagami wished that I sign an offensively one-sided recordable instrument requiring, among other things, that I pay Yamagami Trust over $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 Plànning 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 "Yamagami Trust or City of Cupertino" The funds necessary to re-stripe the parking lot was approximately half that ¡r -IL 05/31/2005 03:23 4088573777 LAW OFFICE PAGE 03/26 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 Plauning 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, Plauning 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 commercial 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 requixement of the Plauning Commission in Resolution No. 6297 that I now obtain a written confirmation 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 over my development project placed in the hands of the Yamagami Trust. I hereby request that the City Council direct the Building Department to issue the building permits. ~e~ Gregg Bunker 2 l r~7 3 05/31/2005 03:23 4088573777 LAW OFFICE PAGE 04/25 Exhibit 1 3 ¡t-7lf 05/31/2005 01/05/2004 03:23 11:13 4088573777 'B~I'<~ '~t::J'tjUNt".JI LUI:': LAW OFFICE PAGE OS/25 Nl.,I.bö:J ....t:J1- ..#, ,':" ¿..; ~i,'. :~ ~'" ....-. . ,'If' , ~<_., r' . "';1 'I!j~:, . , ~ ~ [R{ ~ '<if ~ W æ; INJ ~ ©lNI BUILDER .777 r.:. F:RST 8\?,EET, 5T;"" F:"':ìOH· SAN ,JOSS. CA 9511 2-6803 ~ (40Bj 257-oe';6· FAX ~408J 888-1'7:;17 .....:;II'.,J¡I'"'. . __."#IIIII...."t"t'Il': "I·.~".·_.....,,'~=>·_.._::':\I!""'\:J.1:~~'.J..........,··· LO - !';OtHRIIC10"s l..'('. J4::;ì~1 J anWDy 6, ;l004 Via Fu 650-378-3719 Mr. Lawrel1ce M. Russ'::U Senior Vice Pre.sid"ot & Trtut oft'ic"," Bore] Private Bank & Trust Cowpany 160 Bovel Road ' San Mateo, CA94402 Re: YaD1B.glUIlÌ Nursery Rc-SlrÌoin!! W 01'); , Dear Mr. Russel]: Please be advised that OUI fino hllB beeD hÜ;ed by Mr. Greg Bunlœr to Te,'tripeyour property IcnDwn as Yamagami Nuner}' located in Sunnyvale. California. We would likr. ID pcrfODJI dlis work the second weòk in MaTch and we would Jik:e to meet willt you in 1be near fllt\1{e to discUB$ the scope of the wark. I PJeasecall me at 408-938..6348 and let me know wÞen it would be convenient for U5 10 meet Respectfully, I I ; , Barry Swenson Builder ~tJ'~ Vice Pres¡¡:nt I L I: I Co; Gwg Bunkc( Tom Sloan : --;'-:\"'~ t·· r·..·r' : .... ~ \ I , .' "'i-~~-"-rEþ , ....J .,' www.uar"ysw..m¡nnbwildel..com . !I DIV¡SI:JN 0f GR¡:;N VALLEY CDRPDRATION -.--. .~._.".'.--'" 1[-71 .J 05/31/2005 03:23 4088573777 LAW OFFICE PAGE OS/25 Exhibit 2 4 {r-/~ 05/31/2005 03:23 4088673777 LAW OFFICE PAGE 07/25 -..-- ~. ," ,,,. ......... .....U'>o'" --.... April 7, 2004 . Greg Bunker VIA FAX: 408.8672520 Re: Yamagami Trust Account 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 Eldjaœnt to the Yamagarni liIurwry center. We objected to the develOpment at the City of Cupertino (City) Planning Commission hearing because we felt that it would be detrimental to the àvallability and ac;Cessibllltyof par1clng for our tenants' cu~omerS. The City approved your development, with the condition that you provide additional par1cing spaces. We did not promise. and have not agreed, to provide those parking spaces. . We llave stated on sevenl' occasions that our primary condition. for helping to create the additional parking spaces required by the City \$ the 'Æ!viaion of the existing ingre5S, egreSS åOå. parltingeasements, whIch all parties agree are ambiguouS. You have asked me to present you with a draft 4i)8sement .. agreement for your consideration. ·However. yoU have also spent considerable time and money to obtain opinions by a title company and engineering firm to support your position that the Yamagami Trust has no parKing rights to the back lot. Weare retuctant to. spend additional money on legal fee5 for Mr. Golden if you ¡;till insist \hat the trust has no parking rights on yoUr property. BOREL. PIIIVATE BANK & nCUST GOMPANY 160 Bovvt Ro;od s"nMaleo. CA 94-402 TliiL (6SO) 378.3713 FM (650) 378~719 CI",.íI:· IN~.el"bo"'l.C.om /r-17 't 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 wUling to increase your offer to $35,000 to pay for the paving and strtping of the new spaces, the repair and rastriplngof the existing parking tot, and the painting of the nu~ry center buildings. We apPl1!lclate yoUr offer, but we reel that the potential loss of what we believe to be our parking rights on yòur property Is worth much mo're than $35,000. We would also like to remind you that we w~1 need oLlr tenants' cOnsent before , we can agree to any modifICation of the existi"9 par1<ing layout. As we have mentioned before, our tenants have been very reltrotant to cooperate on this matter. Before we approach them again, we need to reœÎ\/8 from you, in wrltÎflg, a statement as, to whether you are willing to renegotiate the existing ingress, egress, and parking easements. (Actually, we do not beHeve that there is any disagreement with the ingl'866 end egress portions of the easements. Therefore any discUssion will only need to address the parking provisions.) You proposed s meeting on April 16 between you. your attorney, and the bank, our attorney end our tenants. We do not feel it is productive to schedule such a meeting until the question of the parking easement Is resolved. (Incidentally. I do , not work on Mondays or Fñdays so your proposed dBtewould not have worked.) Lawrence M. Russell S'Inlor Vice President and Trost OIfiClilr 00: JohnP. Golden, Esq. John Conover Nancy Johnson BOREL PRIVATE PANt< & TRUST çOMPAHY 160 Ðovet Rwd San MaIieO, C/o. !14402 TEL (&50) 3711-3713, FAA (150) 37B037" '.....IIiI: 1..........l@borel.cam . TOTAL P. 03 I ð -7~ _r- 05/31/2005 03:23 4088573777 LAW OFFICE PAGE 09/25 Exhibit 3 5 llr- 71 05/31/2005 03:23 4088573777 LAW OFFICE PAGE 10/25 Law Offices of DAVID B. PRINCE. P .C. ATIORNEY 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 November 18,2004 Steve Piasecki Planning Director City of Cupertino 10300 Torre Avenue CupertiJ.'¡o, California 95014-3255 RE. F-èqµest to Waive Condition to Issue Buildinl!: Permits and Proceed with Develop;nent Dear Steve, This office represents Mr. Gregg :Bunker, owner of 1375 South De Auza Boulevard, Cupertino, iJ.'¡ regard to his development of that property. llis 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 parkiJ.'¡g lot on adjacent property owned by the Yamagami 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 lithe project were to go forward as planned. (See correspondence of Lawrence M. RusseU 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 building permit. There was no other substantive disagJeement to the project going forward at the hearing other than the parking congestion question. The planning commission therefore determined 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-stripiJ.'¡g of the Yamigami parking lot (See correspondence of David A. Gibbons dated January 6, 2004 attached hereto as Exhibit I). 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 yamagami Trust. To date there is no finalized agreement or authorization to re-stripe the Yamagami parking lot. Since the July 14,2003 Planning Commission hearing, there has been ongoing discussions or negotiations between the parties including numerous iterations for tenus for agreement and or difficulty, delay and ftuStration in coming to sucb an agreement. The Yamagarni Trust has transmogrified the re-striping condition iJ.'¡to a device for making numerous demands over and above the simple re-striping condition before they will agJee to authorize Mr. Bunker to go forward with his project. The additional :requirements demanded of Mr. Bunker are to numerouS to mention but It-8'D 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. Ofpartic\llar note in Mr. Golden's correspondence are items number 8 through II in . which the Yamagami Trust demands a $25,000 fee, paving of dirt areas, installing fencing and sliding gate and painting the Yamagami building. The Yamagami Trust is simply out of control on their perception about the condition granted by the PlaIJIling 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 Yamagami 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 over 16 mont.b.s and or has, at each stage of the negotiations, upped the ante by making additional unreasonable and or truly outrageollS demands. Mr. Bunker therefore respectfully requests that the City accept his tender herein of a cashier's check in t.b.e amount of $25,000 made payable to the "Yamagami Trust or City of Cupertino" in satisfaction òf the parking lot re-striping condition in favor of t.b.e Yamagami Trust and thereon issue the requested building permits. Mr. Bunker also tenders herein and attached hereto an indemnification agreement holding the City harmless as to aDY legal actions by the Yamagami Trust with regard to the parking lot striping and circulation issue. I look forward to your earliest possible reply herein. Sincerely Yours, David B. Prince 2 [t-F / 05/31/2005 03:23 4088573777 LAW OFFICE PAGE 12/25 00501 CJffiçCI,A.UfI "... 1210(A) CA$HIER'S CHECK Sf;RlALft. 0050102615 ACCOUNT#: 4861-605295 Puld1acar. GRec¡G C BUNKER ~er A\::Count:. 5G112Ao111! 0penrtGr 1.0.: cuOOO931 cuQ,21810 PAYTOTHEOR,DEROF ***YAMAGAMI TRUST OR CITY OF CUPERTINO*** November 19. 2004 ***Twenty-five thousand dollars and no cents*-* **$25,000.00** VOID IF OVER us. S 25,000.00 WELL5FARGO BANK, M.A. ""RATOGA 14428 BIG BASIN WAY eARATOG4. CA fI!070 FOR IfIICUIRIES CAU. (400) 394-3122. NoncE TO F'URCt1o'.SER _1F't1-I131N8'11WMEHT IS LDS'r. STOLEN OR OESTROYED, yOU UAY ¡EQUEST CANœu.ATION A,ND RElSSUANCe. A5 11 CONDITION TO CANC£U.ATION AND REISSUANCE, WELLS FARGO BAN( MAY IMPOSE Þ. FEË AND REQUIRE AN 1NPEMNti'T' AGREEMENT AND BONO. NON-NEGOTIABLE Purchaser Copy r-----~~-~------'---·-·---.:--·-~-~:'---·--·-'---'----..-----.--.-'-----.-..--- \ '~..(l< ·1\4. i OfIofI;;.M1# ""')'" '.210{8)~ .. / I 'I,,' ".' I opemor I.D~ cuOQD$;¡T cu021820 \ 'i::;~ji¡~:¿f,;·j¡!i, : . . , ~:~~¡Æ~}rJL~ - :.,~,M^.~~¥I TRl}~:f Q,~,ç::ln:.p~ CURERTINO*-* ~~~5~'~~~';:~ ,¡p~~)~.,.>/~:" ,<'~\.~(,.·i<"_-:.,.,~\","r ,,: ;,' I: '\,¡,"';:~'<,-' .'..- ~'1!:.,~If;TWøh '"" . , -~¥J.idJ[iirs âbð.rið,'Cènts"':"j< : 1 '< :.. c'.., l;:!é,,^ ~;J~ (:~~:;:t. .'," ;!f~~':':; ~::;,;¡ ~ ~. ,'; :,:\: \- -:: '., . .'. . r;- "","".,,-,,"k,·',,,,,,><··,,,-·,,,,,·,·,· " - ",'-" l"···~.l~~~j0~¥?,~~St'l:L....'- F60G4 MtmS ¡:; ~ , " tASHÎ~R'sdHECk ',; ~ ::'~,." '," ,',' ,- " Oó5(11'0261 P . "" . ". ""~ :. " ,<," '-,-,' '"~ 0'"" , ...; ''1'-.'' :;'.:.; "'.( )',':", : "" "'." '\,Í¡)v~¡Y;bêr '9, ~0:d4 ~> :,', '::-" ':'~' \ . . ~ > ,. ''''$25,000.00** H"OO so ~o ~ Eo ~ 5." I: ~ 2 1.00021..,8.:...8 ¡;, I. 5052 'ì 511" [ t; -02- if 05/31/2005 03:23 4088673777 LAW OFFICE PAGE 14/25 [j! 002l00~ Q4{28{i005 18;00 FA~ 408 111 18 CHY CUPERTINO M-2.OO6-01 C'f'i OF CUPERTINO lœDO Touè Avenue Cupertino, CalIfomja 950'14 RESOUmON NO. 6Zr¡'] OF THE PLANNING cOMMJ$ION OF THE em.' OF CUPERTINO TO MODIFY ¡,. CONDmmll OF APf'Ø..OV AL THAT RBQ1JIlŒ5 PROVIDING ¡,.DDmONAL p¡,.RIGNG STALLS ON TIiE. ADJACHN'l'fROrBR,TY FOR USf!pæMIT u- 2003-03 (CON$TRVcr1ON OF SIX CONDOMINIMUM5 AND "JiB ADDU10N OF 1,825 SQUARE:F!ETTO AN masnNG RETAIL BUILDING). ~lON 1: PH-OTECl' t"I'CI~IP'l'lON Application No(ø): AppliØ1'1-t: tocaticn; M-2005..()1 Tom S1oa1'l &vo1£ cmœra) ~3'15 Sogtl'l De ArIza ÐöU1evmd ~crJON II: FINDINGS FOR A MOD1FlCATION TO A USE 'PHRMIT WHERBAS, tbe f'l1U'\1'ÚI1ß COIIIJX\Ission of the City of Cup&tÏ1'\D received an application for a Modification to a UH Pecnit, II.! de$cribed in Section II. of thi5 Reøolution; and WHB1ŒAS, the necsøeary public notices þave been gl:9en 1n ~e wjth the PIoœdural . Or~e cI. the City of ~pertin<J. and the PJar1f\ÎrIg Cmnmission ;¡¡¡ß hdd one or IIlOIe publk h/earlngs on this mattG'i and WHBRBAS, the applicant haS met t1¡e buI'den of proof required to ~pport saidapp1içation; ;md has Mt sati5fied. the foUowirIg :requjrm1.entll: 1) The propoeed use, at the ptopoeed. loc:atioJl. will not be detrimental or intWous to property Clt It/:Ipravemmtll in the vicinity, and will not be det1'lmental to tÞe pubJic he.a1th, MJety, g~ we1fare, or convlmience; 2) The propøeed use will be located and conducted in Ii manner in accord with the C~tino Comprehensive Q:nera! Plan and the pu1'pOSr!: of thiø title. NOW, 'I'liEREFORE, BE IT 1ŒSOL V£D: , That aftex careful conaiderat!øn of maps, facts, exh!bitll, te$limOtlY and other eviderlCe submitted in \:his œ.attef, ilia appUcation for Modific:ation to .. Vse pemrit (U-20()'3,..œ) Is hereby approved. That the subc~lueions ~pon whidl. the findings and conc:\itiOl\5 :>pecified in thiS teaolution are based .re: contained in the public heari1'lg reccN tOßCemÎ:t\g App,j.cation NO(s). M-2C06- lr-t~ 05/31/2005 03:23 4088573777 LAW OFFICE PAGE 15/25 ~ 00S/003 04/2Ð/200ó 12'00 FAX 408 117 13 CIH CUPERnKQ Re.olution No. 6297 Page 2 01. as ~ forth in the Mixtute5 of t;1:Ie Plat1nùIg CommiSllion f,ieeting <Jf April 26, 2005. a¡\d are ~orated by reference as though folly set ful'tb her~ln. M-2oo5-01 April 26, ~OO5 5)'.cI10N m CONPm~ ADMINISTEREt> BY TIlE CrlT\lrMtJNITY pl1'fEWPMEMI DWI'. lð. ;¡NCTD'KNT AL 11 A.luaNG: "!'he applicant sball obWn a wrlttexl confinnation froro the Yænagaroi Trust (or represetltetive~ tbJ!reo~ that they have XIO objectio1'l& to the project '" p:umneð. IIpedßCany re1atï.nr; to th4lncidønW parkUlg privi1egea prim: t,D ÏS8uaø:" Of wildh'lg ~IS. ~ pASSED AND ADOPTED thØ 26th day of April 2005, at . ~eguLu Meeti%Ig of the l'\annÏng cOII1IßiøSion of the Oty of CupertinO! State of Califor:rda. "by the foUoWIng rolleøll vote: A'lf!S: COMMISSIONERS: Gl.,rer, Vic.chair Miller, Sa,adati III\d Chalrperaon Wong N01J5: COMM1E6l0NERS: ABSI'AJN: COMMIS6l0NERS: Oten . ABSENT: coMMJ5Sl0NER5: APPROVED: ^ 'fTJì5r: Isl Steve Pill'.....kl Steve pjasaeki DiTICtOt of Contmwúty Developt1'1f!1'lt isl Gilbert Won!! GiJbert Wong, OJai:rperson Cupettino Plaro\h'l.g Çonunissi.on G:\ PbmIting\ PDRSI'DRT\RES\M-20050DJ _doc [ r-tJ' 05/31/2005 03:23 4088573777 LAW OFFICE PAGE 15/25 - /'<'~ i ~ CITY OF CUPERTINO . .' 10300 Torre Avenue, cupertino, çali£omia 95014 DEPARTMENT OF co~ DEVELOPMENTREI'OR':I:FORM Applkoli"'" TM-2.,...o1. . ,wndaP,,¿~~'~( Applicant: . Gregg Bu.t1ker . . propertyOwn~:~èggBtmker Properly Locatiom 1375 S. De.Aì;IZ:d. Blvd. ~pplicationSununary: '.' . ..' ........ ...... .' ." . rENfA'(¡VB MAP <0. ""'_ iII- p""".""" ",0&'0< ""approv.d . p""",,, .-."...... ""*'" 0"" .- ¡, r", ~'!" QrlX~~) "'" one is for retail/ cop;¡mercial office use. .' . ' .' . . . .', ' .!," .. . REcoMMENDATION: Staff rec()U'lIriendstluit the r\aJ1:ning CQ1I1IXrlssion approve the . number TM-2004-01' in accordance with the model resoluticíri. '.. tentative map'.' filë' .. , : '. ~~ . Project Da.ta: General Plan Designatiom .. Z;ordng Desi~B-)Ì1: . Acreage (grOBS): . .... . . Density. ,- , ..": ,.... " ",;' " ' .'.' . S,., Sa;at~ga-:$~r:a1eRi{;"~~!;:'20'; urñtSlacteiCót:ttineIciál/Reilidci1tial) . .' P(Con;{;.tes:s-.zof' ;t;··' . .69ìicres, '. . 5 dul gr.ac. . .' \ Project Consistency with: General Plan: . Yes . Zonin!r- Yes· . ~vïromnE:nt¡Ù AlIses~:ment: CätegorlCally ex~pt: . ; .' 'DISçuSSION: '.' .... '.' ..... ........ . ...... ...... .... . '.' ..'. .... ..;..... .. ÞnJuIy. j4, 200;>''''''S''Y~ <w.,...ia U,. r"","i{Fi\..it Y'~)i. ,n""'.' '. miX<id-"" _o¡>nónt .....ð 01""" ... "'" <>f",¡jii """,Wd,..W¡..¡.£i>! . ,,;jdfiow'" War.' Tho """'" ,""u"," a'..../"'""""""'.~·¢iW""""ònd ",,' '. . . .sUri~4ed by ·.shni1aÌc6riunèfclaluseJ¡ With theeXcepfiôribfSêversliesidèritiiiùhoines . '~"'''1""""""" P'9P'<'Y""'" ""p¡ö¡.cf ii\f"""f~' g~"Ðf%#'"'' . .. .' . . ".' '''" .... .u_.".·.I·t>Ç;···········~J··,"···,·, ',(. . '. ,ð>:\. ,. " .:fJ,~(:"'" .z·",\>;,;~~'" ;.'.;:;,~";~:, .. . .. .,: ,',' 05/31/2005 03:23 4088573777 LAW OFFICE PAGE 17/25 I. MardiS, 2003.. : .~. ,.... .' , / / " TM.--,-oM-Ol Page 2 . . ',' .' . . . . ,. ' .' . . reciprocal private vehicle, pedeStrianing!ess:.egress aI\dpaÍkiItgeasemerttbitv/een¡:he i j:W'olots. .' '. .... ". ...".. .' ..' '. . ..... . :'.' . ........ " ,.... Enclosures: .. . Model. ResPlution Ten~tive Map> Approved Site Plan from U-2003-03 . . . . ",'",', ,.'" . " . ",.,"' Preparedby:GaryChao,ÀssistantPJ.a¡\tJ.er ..' ...... ..' .'" '. ..... . ....'. .... . Apptov~d by:5t(!vèPiaseCki,Directorof Comm~ty DeVel~~". :...... G:\PIanrrlng\PDlŒPORT\pcTM:reporls\ TM-2Q04-01·doc ",.' . , ",.' .-.~~:" .. . '. .- .;. :,', : I,",' -', ',:,: ';.:::i).'. .',,~~.; . " .'¡";;;'B2.f}'''';''.'<: ....(. .....D-__.~;;,<::: 0"; ·..{J'::;.,,"t::c,...\I'" 05/31/2005 03:23 4088673777 LAW OFFICE PAGE 18/26 E:iliibit 5 7 {ò-l ð 05/31/2005 03:23 4088573777 LAW OFFICE PAGE 19/25 ~.. Gregg Bunker 1890 ca.roen Ave. San Jose, Ca. L ANQ WMEN KI!:CO¡¡Oli:D ......IL '1'10 I REC FEE RMF MICRO LIEN NOT SMPf 8411487 J 348PlIGE 913 f;('ECORDING REQUEST'ED Ii!IY 'Steæ.rt Title of ca1iforni.a.. ,,~C~OWf(O. 1417.70 AM 141271 R~.I tile r&QU__ of STEWART TITLE 01 CALI FOFtNIA I I ¡ MAY 17 1985 ....It.. T,IoII" nAT.¡';Iõ:.NTtõTO .J I 8:00 A.M. Laurie Kane, Recorder Sar1la ClAM County, Otflcn.tl R*cordø s?AC¡¡¡ "sovE: THIS l.,INE R'f::5IiRVED FOR A~C.ORDER'S U5iiii: I Addressee ~e L .J A..P. NO, ~b<.o _ \~. S\P ~c..<.o- \ ";)-ÎC Grant Deed Furnished by STEWART TITLE 01 CALIFORNIA The undersigned grantor(s) decláI"e(s): DocU(Jlentary transfer tax is ~ 484.00 ~ computed on full value of property conveyed, Qr ( ) computed on full y~t'úe le5& val1,18 of liGn.s ~nd encumbrances remQÎning at time of :sale. ( ) Unlnco<po,.ted ......, ( ) City of ' and FOR A VALUAIILE CONS)DERATION, receipt 01 ",hie!> i. hereby ""knOWledgEd, JIPD YAM1\GAMI, PerronaJ. Pepresentati ve of the Estate of =0 Y"""'8'mm h....hy GRANT(S) t. œEGG C. BUNK'ER, a einqle man J f"'\ (J\ - the follQwing described real ptoperty In the City o£ C\J.pQrtiro County of Santa. clara . State of CaHfomÎa: legal description attachei hereto a.s ~it "A" 'and made a part hereOf. ..9 .~ ì!ì Dated: kDril l' 1985 STA11iOf'CA,L1fORNIA } 59. COUNTY Of" Santa. Cl¡u:;-a 0/\ ~i 1 12 1 qA5 , bliifott me, the \lndJr- !;gned. a NotarY Pu.bljl: ¡n ø.nd far Baid. ::it.tlt, ~r'OlIIILUy aPPU,rliid .ì;'YY'I V::m'ñQ~i .a.----.- ..... Jj,¡t6 YBfI~t::2~ :Representative of t-~ Fç:'f";:rl-p nil '1";:!rn VAn'\i'!.CTrm1'Í ntTn::n1;;¡,nt to the co=t CJrd& fiJÆd [)ees!Iber 17, 1985 :;¡J&n.;IIlurll . FIClAL S&AL C. MERRICK A NOìAAv PU8UC· CAUF"QRNIA SArti''' CLARA cOUNTY My Cofjl. bpiru A",g.. :2;9, 1988 ~,.~-ftIot (Of proved to m,e ~ theba¡j~<;If s&.tlsr..¡;lory Iiividencl' to be Ihe: pCr$On(s)...-.- wbox 0.. e.......J:§ 11,l1;!$O'lbed. to ti'>v within in$tt\ll'l)lInt II.nd.~ckD(1W!edl!ed that .~ ~u I WITNESS my hj'Id n4 artl c. He>:ric1< N\l.mlii (Typed or Primed) (Thi5 a¡a, Ew OØ>C>liIt notui.J ",,0 MAtL. T"I..X STAïEMENTS AS DIRECTED ABaV~ Tr-t1 05/31/2005 03:23 4088573777 LAW OFFICE PAGE 20/25 EXt1tBlT "A" J 348 PAGE 914 PARCEL ONE: A. LOT 15, TRACT 5755, FILED S~PTEM6ER 17, 1980 IN BOOK 471 OF MAPS, AT PAG~ 32, SANTA CLARA COUNTY RECORDS. BEGI/lNI~ AT A RAILROAD .SPIKE ORIvEN IN THE CENTERLINE OF THE 5lN'YVPJ..E- SAAATOGA ROAD AT THE SOUTHEASTERLY CORNER OF THAT CERTAIN 17.546 ACRE TRACT OF u>M> CONVEYED BY JOi'f'l MESSEMER, ET UX, TO NORMA STEFFÞNI, ET PJ.., BY DEED DATED MARCH 24, 1933, RECORDED MARCH 24, 1933 IN BOOK 639 ÓF oFFICIAL RECORDS, pAGE 558, RECORDS OF SANTA CLARA COUNTY, SAID RAILROAD SPIKE BE IN(; ALSO AT THE NORTHEASTERLY CORNER OF TRACT '-0. 124 SUBDIVISIa-i oF THE VIW DINE TRACT IN SECTION 25, TOWNSHIP 7 SOUTH RANGE 2 wEST M.D.M. ACCORDING To THE MAP THEREOF OF RECORD IN THE OFF ICE OF Tl-E RECORDER OF THE COLNTY DF SANTA CLARA, STATE oF CALIFORNIA, IN BOOK 4 OF MAPS, P¡>¡;ES 24 ÞW 25, SAID POINT OF BEC;I""'ING BEING PJ..SO THf SOUTHEAST CORNER OF THAT CERTAIN 7.392 ACRE PARCEL oF LÞND DESCRIBED IN THE DEED FRŒ\ NORMA STEFFÞNI, ET />L, TO O. J. REGNART, ET ux, DATED DECEMBER 14, 194~, RECORDED D~CEM6ER 15, 19~ IN BOOK 12ltl OF OFFICIAL RECOR.DS, PÞGE 17, S.ANTA CLAAA COUNTY RECORDS, ít-lENCE RLWING ALONG THE CENTER LINE OF SAID SUNNYVPJ..E-SARATOGA ROAD, . NORTH 159.866 FEET TO THE TRUE POINT OF BEGINNING Of THE PARCEL TO BE HEREIN DESCRIBED THENCE FRO'! SAID TRUE POINt OF BEGI/INING AND CONT INUIN(; />LO~ THE CENTERLINE OF SAID ROAD NORTH 105 FEET MORE Œ LESS TO THE SOUTHEASTERLY CORNER OF THAT CERTAIN PAACEL OF LÞW DESCRIBED IN THAT CERTAIN DEED OF rRUST EXECUTED BY TARO YAMAGAMI, DATED DECEMBER 31, 1956, RECORDED JÞNUARY 9, 1957 IN BOOK 3702 OF OFFICIAL RECORDS, pAGE 151, THENCE WESTERLY ALONG THE souTHERLY LINE OF SAIO PAACEL AN) ITS WESTERLY PROLONGATION 209 FEET THEl'CE SOUTH .AND PAR/>LLEl. WITH THE CENTERLINE OF sAID SlJi'oNYV/>LE-SARAToGA RDAD 105 FEET, THENCE EAST AND PARALLEL WITH THE SOUTHERLY LINE OF THE YAMAGAMI PARCEL 209 FEET TO THE TRUE POINT OF BEGINNING AN) BEING A PORTICN OF THE EAST 1/2 OF THE NORTHWESTERLY 1/~ OF SECTIa-i 25, TO....SHIP 7 SOUTH OANGE 2 WEST, M.D.B. S M. EXCEPTING THEREFRŒ\ PJ..L THAT CERTAIN TRACT OF LIWD AS GR.ÞNTED IN THE DEED FRŒ\ O.u. REGNAAT, ET UX, TO THE STATE Or CPJ..IFoRNIA, DATED uAN\JAAY 27, 1959, RECORDED FEBRUARY 17, 1959 IN BOOK 4326 OFFICIAL RECORDS PAGE 19, AND MORE PAATIClA...ARLY DESCRIBE.D AS FOLLOWS: B. COI"MENC ING AT THE SOUT11EA5TERL Y coRNER OF THE PARCEL OF LIWD CCM'EYED TO TARO YA'\AGAMI RECORDED DECEM8E:R 9, 1947 IN BOOK 1447 AT PAGE 490, OFFICIAL RECORDS OF S.ANTA CLARA·COl..lNTY; THENCE Al.ONG THE LINE CCJo'MON íO THE LÞNDS, NOW OR Fc:RMERL.Y ÖF O. .J. REGNART I::T UX.. .AND OF TARO Y.AMAbÞMI, NORTH 89 DEG. 07' O~" WEST 25.66 FEET; THENCE SOUTH 1 oS;. 39' 41" EAST 120.16 FEET TO THE WESTERLY LINE OF THE EXISTI~ STATE HI<;HWAY IN SANTA CLAAA COLffi'Y ROPD IV-SuS; THEN:E SOUTH 88 DEG. 57' ~8" EAST·20.00 FEET TO THE CENTER LINE OF SAID STATE HIGHWAY; THENCE />LONG SAID CENTER LINE MJRTH 1 DEG. 02' 12" EAST 120.09 FEET TO THE POtNT OF Cå"lMENCEMENT. RESERVING THEREFRŒ\: ÞN EASEMENT APPuRTEN.4NT TO THE. REMAINING L!>J\OS OF GRANTŒIJaniœnt TENI'MENT FOR VEHICULAR INGRESS !'NO EGRESS AN) PAAKING PURPOSES EXCLuDING uS¡; BY C()o>MERCIAL VEHICl-ES SUB.ÆCT TO Tt£ TEi>J'\S AN) PROVISIONS OF THAT CERTAIN AGRE:~T ATTACHED HERETO AS EXHIBIT "A-I" ÞND MADE A PART HEREOF. I 8- ~1D 05/31/2005 03:23 LAW OFFICE 4088573777 J 348pÅbt 9",'" 1::> E)Q-IIBJT "A"þ cCNY" PARCEL TWO: AN EASf'MgN1' PPPURTEN'loIT To THE PROPERTY DESCRIBED IN PAACEL ONE ABOVE (DOMINANT TEN_N1') O>ÆR THE LANJS OF GRANTOR (SERVIENT TENI'MENT) FOR INGRESS ANJ EGRESS JlND PARJ{lfG PURPOSES SUBJECT To THE T1'.RMS I'J'{) PROVISIONS OF THAT CERT AIN AGREEMENT ATT!>CHED HERETO AS EXH 16 IT A-I AN:> MADE Ä PAAT HEREOF. PARCEL THREE: ÞN EASEMENT ¡lpPURTENANT TO THE PROPERTY DESCRIBED IN PAACEL ONE ABOVE (DOMINANT TENNENT), FOR Tf£ Ccr.¡STRUCTION, INSTI!LLATION þW. MAINTENANCE Œ' LAr-ÐSCAPING, INCLUOII>G BUT i'ÛT LIMITED TO PLANTII>G, TRANSF'l..ANTII>G, SETTII>G 0l1T, UPROOT!I>G, PRUNII>G (!\BOllE 1>W BELOW GRoo.N>, ANJ TRIMMIN(; OF QRNN'ENTAL TREES, SHRUBS, GROJN) COVER /IN) OTHER PLÄNT MATERIIII..S, ANJ FURTHER INÇLuDIN(; CONSTRUCTICN, INSTIII..LAT!CN ANJ MAINTENÞU:E Œ' AN IRRIGÄTlON STSTEM ÞO>O APPURTENANCES, AN:> TÆ RIGHT TO GRÞDE, EXCÄVATE /IN) OTHERWI SE PREPAAE THE REIII.. PROPERTY DESCRIBED IN THE EASEl'\i:NT FOR PLANTII>G, TRANSPLANTI"" AN) SETTING OJ'! , AS THE GASE MAT BE TQ<;fTHER WITH TÆ RIGHT Of INGRESS ANJ EGI\ES5 OVER, lWER /Jlot) THRCJ.JGH A STRIP DF LANJ OF A UNIFOI'M WIDTH OF THREE FEET WHICH LIES NORTHERLY OF /IN) CONTlGUOU5 TO THE NORTHERLY LINE Of PARcE~ ONE HEI<!:IN DE5CRIBED, BEING lOB FEET IN LENõTH (EAST TO WEST) THE EASTERLY BOUNDARY.Llt£ Œ WHICH LIES .5} FEET WESTERLY FRCM THE WESTERLY LINE CF THE LANJS Ct>NEYED TO TI'£ CITY OF SÞN JOSE 6T DEED RECORDED DECEMBER 5, 1968 IN BOa< 835B AT pAGE 46Q, OFFICIIII.. RECORDS. APN: 366 19 056 APN: ~66 19 70 PAGE 21/25 n-c¡ I 05/31/2005 03:23 4088573777 LAW OFFICE PAGE 22/25 . ,. ~ 1'1' #. J 348PAGE n 6 EXH IB IT A-l AGREEMENT RE; INGRESS AND EGRESS EASEMENTS THIS AGREEMENT 1S MADE TH1S-li DAY OF tmri] , 1985, BY ÞNO BETWEEN JIRO YI'MAGfoMl, AS exECUTOR OF THE ESTATE OF TÞRO YPMAGfoMI, He:REIi'\'\FTER REFERRED TD AS GRANTOR IWJ GREGG Bct<KER, INDIVIDUALLY AND DOING BUSINESS AS PtPTO DRIVE-UP, INC., Hi:REINAFTER REFERRED TO AS GRÞI<TEE. """'REAS; GRÞI<TOR HAS CONVEYED TO GRilNTEE THE EASEMENTS DESCRIBED IN PARCEL Tv.\) Þl<D THREE OF EXHIBIT A TO I'.t1ICH THIS AGREEMENT IS ATTACHED, I'()W; THEREFORE: GRJlNTOR JIN!) GRÞNTE~ HEREBY AGREE THAT SAID EASEMENT IS INTENDED FOR THE USE OF CONSlJo1ERS ex... Y !>NO NDT OF CM'lERC IAL YEHICeES !'NO THAT THE o;,NER OF THE DOMINI'NT TENl'MENT (GRANTEE) SHALL BE RESPONS IBLE FOR ALe INn IAL COSTS OF CONsmUCTICN of CLRßS, GUíTERS ÞND L.At'>lDSCAPlNG AS REQLlIR.ED BY TH~ CITY OF CUPERTINO AND THEREAFTER, FOR ALL COSTS FOR I'AINTEN!'NCE /w) REPAIR OF THE SA"1E AS TO THE DRIVEWAY NOW LOCATED O~ TO BE LocATED AT THE SOUiHßÄST~RLY CORNER OF THE SERVIENT TENA'lENT a;L Y. GRilNTO< SPEC IF ¡CALL Y RESERVES ALL RIGHTS Of' ¡!\GRESS ¡>NO EGRESS OF ALL VEHICLES OVER !'NO uPON SAID DRIVEWAY AS THE SI\'IE IS NECESSARY OR OESIRABLE TD THE SERVIENT TENAMENT. nns INSTRLMENT SHALL BE BlrovlNG UPON THE pAATIES TO THIS AGREEMENT, THEIR HEIRS, SUCCESSORS AND ASSIGNS. THIS INSTR\J"'IENT CONTAINS THE ENTIRE AGREEMENT BETWEEN THE PARrIES REl.ATING. TO THE RIGHTS HEREIN GRANTED AND THE OBLIGATIONS HEREIN ASSL.MED. ¡>NY ORAL REPRESENTATIONS OR MODIF ICATIONS CONCERNING THIS INSTRLMENT SHALL BE OF NO FORCE !\NO EFFECT EXCEPTING A SUBSEQUENT HOOIF I CATI ON IN WRIT IN<; SIGNEO BY ALL PAAT lES. IN WITNESS WHEREOF, WE HAVE EXECUTED TH.1S !NSTRcMENT THI S ¡2 DAY OF April , ,985 Ondividuo.l) Î COUN1'Y Of C:~'r"W'"::O r"1 <:>......:::1 01'1 April 12, 1985 b~rGIr.1t\e, the under- ~¡&n1;;<I. iI. l'Iot'U)' J;"libli.:: \n Irld rQr .ald, SUIII, pcftQn:i.IlY Ipptared Gregqßun1<er }.. STATe. OF CAtlFORf'HA · " · < · · L ; Y'-.~,,~\,' L.O....,..'\9-ft\C (or provcd to me 00 tþr. b"~¡~ of 5;¡li~rll.dar)' evidr.nçt} to bl thl penon(;}....- whose namr..--i.3ßI.I1:I~ib" to \ the wllmn ÎllIlrunH:FJt õ1ß¡;. Icknow!r.dt. lhat e t 11I(I;\lt It\"' n1'\C. Id :$1: ., OFFICIJ\I. SEAL C. HERRICK NOtARY puBUC " CAlIFORNIA S....N1'Á CLAM COUNTY My Coft!W'. E~pitu Avg. 29, lUll Sil!n;a¡Lifl srciI (' 'J.1:.....T""T'.¡,...\c NaMr. (Typl!d or prirmd) \ThI'.rf..,..I)IIIr:..IIoIItOI....!pt::>.l) It>1:2.- 05/31/2005 03:23 4088573777 LAW OFFICE PAGE 23/25 Ste,act Title of California E~ci:w ~ 141270 J 348PAGE 917 coos= BaJ:.'clays Bank of CalifQrnia, 0. California corpiraton, as BerJ,e.ficìcu:y of that certain D'*'" of TrU.t dated June 2, 1975. executed ÞyTaro -ya:ma.qami, a J:'[,'Isr:dêd man, as his sole and separate property and recorded June 25, 1975 in Book B4BO, at page 269, Official Records of Si:1Ilta clara County hereby consents to the: creation o£ the ea..serner1.t.5 created by the r::ee:3. to which this consent is aI'J.ûexe::l- Dated L/. ./ /5' :h By: ~ ¡¡y: lcorporationJ ~ STATe OF CALIFORNIP" couNTY QF Santa. C~ara } ~. On ADril 18. 1985 I)cfo~e m~. !)toe: IJrlderticntd, .11. NOU¡iry l'ub!k In and for Jald Stat;, ~UOI'IAlh ",ppcuecl G. Kannp.dv ko),o...n to mo (?' p'Q¥cd 111 m~ 01'0 tile ba..lu or s.aU4f"",ory e\lidU\<:C) to be the V1Ce. ,Prqidcnt IIotICI ****11111"11*** knOYlln to roe (or proveØ 11;1 m( on tll... b~~j; of n.tizlf..(\ory cYidencc} to hi ... <Ao""""''''''' Secrt:lIlt)' of tJ¡e çQrporaUon (h¡t aecutcd ¡ht wilhln lr»ln,lJJml on ~f of IlK corpQrlltion th4rcJIJ JJõlmcd, aM" ~ckilQ""h:dl!i~d to me !hilt .l1ctt CQrpontlOJJ .,;ecutcd the "",itÞin uQ1tlJ.mtnt pur'Uill\t to !(s by-law! or Ii r~oluûlIJn of I~ bOllrd Qf dirGCIOts. W!ìNES:¡ my ho.Dd "nd official ~J. Si"."" AJ-4->-r~ .iJ f'L 1)./}JR.4R f) iT;; M Name (Typed or Prlnled) ., t " . . " i & '1 (Tlli~ ....... far "lóci... no'.!'.! ~..1) !: Õ ~_~ 0 ,~~ ¿:.:~\' ~,,~):Q .- ¡¡ï~ n~ ¡.. \"'~ 'õ;:1¡;-' : 82lJg~ ~ . þ~ ~O Þ . - :u (" Ii ~ ,.":' : 1 CORPORATE ACKNOWLEDGMENT State 01 California On tnls the 23rd day of April 19~, bBfon? me, çountyot _S..a.nJT'(lnci ~î.O }" ~h6 unf3ereigned No1i1ry P'ubllc, perao"l.ally a~plôI.:i.red Helen M. Nugent I'IIIIIIJUUU..II.."U..................I....n...,'u. ~@ OFF'ICIAL SEAL 5 ; HELEN M. NUGENT E É. NO'tAAV PUBlIC· tAlIFOIU'fIA: ; CIlY & OOUNlY Of SAN fRAIIC~\CO! æ My C<lmml!@JI upru:; Aprl! 30, 1'¡111} ~ BIIIII'I'I1I1.'IIIUII"'1I11I'11111.",,·141'1I1...11I1111 JaCk L. BrIdge \J personally known to me o proved to me on the basIs ot utlslactory evidence to be tha person(ß) who èxecuted the wHtlln Instrument as secretary or on bèt\8H 01 tra~ corpor3,tlon tt1l;!reln nil.1l1/i!d, and acknowledg:éd to n'lé Ihat the corpOfa11on ex8cu1ed it. WITN ESS ~~d and Of1t.C1al $881\ ~;¡:¿¿;<.</ )4. ~¡.. j.- Notary's SIgnature I NAtIONAL NCl"'AAV ~IA1'('1N' P:>M"\I·"'·P~ ....... . ø" ...... ..00: ........_....4....~ 1·!~-.:....-13 05/31/2005 03:23 4088673777 LAW OFFICE PAGE 24/26 Exhibit 6 3 [r-'ì<-( 05/31/2005 03:23 4088573777 LAW OFFICE PAGE 25/25 . ..-' .' , . Th1~201W01·· '..'" ",_.: CITY OF cupERTINO 10300TorreAvenue " Cupertino, Ca1if~ . 95Q14 . RESOLUTION. . . .... .,'. .. .. ... . .. OF THE PLANNING COMMISSION OF THEÇrrYOF~O ' RECOMMENDING APPROVAL OF AtENTA11.V:E ~TO S'µBDIVIPB()I':iÌL69- ACREPARCEL1NT01WOPARCEL5FORAN.APPROVED~D . . DEVELOPMENT PROJECT; ONEP ARCEtIS FOR~ID]SNr1ÁLT.JSJ!(5IX . CONDO~) AND ONE IS FOR RETAIL/CÓ~?ALbPFICB~$E/ . " ,. " SECTION I: . FROmer DESCB~IJ:ON .' Application No.: , ,Applicant LQc¡rli()n: . TM~2004-01 <:;reggß~er . .... , ...". . . 1375 $. De AIwi,ßlvd.· ... :.':~, ¡ ¡ "-, : -~ . . . SECÌ10NII:~INGS . . " . . WHßREAS, the Fl~g COlrimissionof the Cityöf C;~~iec¢~êda,:n<~JÌP1icatiOfl.· for a TenUitive Subdivisj.on M~p as described in Sei:tio,nJ¥ tb,ifRes91:ution¡~d . . .. ... WHEREAS, the necessary public nOtices. have ·be~;g¡ven '...¡,s...,. ~q.~d' býH .i:tié . Subdivision and Procedural Ordinances of the aty·.ofcu~,andtþ.e.PIarinirig COIÌnnission b.a$ held at least 0!le public hearing iri regard to the..:pp1.iç!ltioIl¡~d·.:' " ,. ..' , - . ","'.'. -' "'_.' . ' ',' ",,' C', ", . .wHEREÁ5" th~ ap~liçant bas m~t the· burden .' of'ptoO£i-eqUiÙd'to;Sti¡)¡X>rti;ai~'. .... application; andhas satisfied the fOllowing requir~ent5: . . ... . " . . .,... .. ,. .', :--. ", '..< ,~'l,: Ii) ,That the ~()f the subdivisjptl or theprop9~diIItpí¡¡Yetrierits#enbtlikélf" ..::.:' .~. câuse.stilis~ ~Yir~~d~t:·~~ri.~1;l1f:,~~t~I!~~;;~~~~~~~;>.\'<':)'} m¡urefish and Wild1if~ o:r then' habit/;l.t. .' .r ,.,'.', . ...... ... ": ,,-',' . ." 'i ..,,-, .". :~tlf~_~___1 coIÏflict'With i$em~ts acquiredDY the p\1bliéatmge~cii'~èSS·.tbìòUgnõru5¢,'r;;.':'"; of propertyw'ìthin the proposed suDdivisidn:'. .......'. . ..... ...... ........ .;, · .,';' ... .' . .,.'. ,'. . " .;:\,:::) "¡','i\.'i: ,::;" ·'..{'/".:....·_..··.·...·..,;:z..~. ..':':.,,\.'.f.Ö.'.. '. ,;,..:, .~. ",:,:,,",' ,. ,1"~,',~',·;.·,..'·'::~': ······'··::i.:·····'f:r:J4'~::·:···' 05/31/2005 03:23 4088573777 LAW OFFICE PAGE 25/25 Resol"non No. Page 2 TM·2004..QI March 8, 2094 . , 'J., . .'.' .',' .. ..... NOW, 1'H1ìREFORE,BB IT RESOLvED: '.i'· "'.':" That after carefulCol1SideratioIl of maps, fact5,exhi'þj.ts, testinioIlyandöiliereyidence submitted in this matter, the applicati9nTM-2OQ4.,01[or a·TentativeMapis}¡ereby approved's11bject to the cònditiçuls wbich are .~atêd u1. thisRe~l11t!.on begíru1i1,1gon '. ..... . p~ge2théreof,and . ..... , . .. .:. .... . ....... . ',';." . . . . . . That thesu]:>coi1clusioµ!luponwhicll the findings<Uldco~dítionsspecifi~dÏJJ.this; Resolution .a1\'e based and contained in the'Public Hew:ingrecord Çoru::~ Application TM-2004-0L as set forth in tb.e MinutEl8 of Plan'tùng Ço~onMeclingof,' . '.' " , Ma:rclt8,2004,and are mcorporated by re£erenceas thOughfql1y~~tforthhë;;'ein. . . ADMINIS1'EREQBY 'THE' 'COMMUNIT'l ., ..,.'" . SECTION ill: .' CONDmONS 'DEVELOP:MENrDEPI'; . 1. APPROVED EXHIBITS . . . . . . .'. Approved is based on the tentative map .en1;it1¢d '(Tract No. Lots 1& 2 being~'·,' .' coridoD'riniwn development consisting 2 sheet5" by Lee ErÎg1I\eerSt . dated .' JJffilIaÎ'y;:' ,'. . . 2004 exc~ as may beamendedby the cònditi°nsc:qnt:;ríèdirithisRest>lUtiOn;. . . . . 3.INcIDENTALPARI<11\IG . .'.'.. .'. .' ......... The.applicants¥Ipr~vi~~,~t l~ast20ad~ti~riIû~#jl~~!th,e~#j~ç~t ,~Ög1;à;~~:. ,p,rop.erty (to help offset ,the ffiø.dental parkinßstàllB,'b.eingØisp1ac:ed~, Pmt°fthiS.';· prajëçt) prior to record\itionofthe Final Map. The£i:Íit<Jp'in-kjng pl3rtsfuùlà1Osely .... . approximate thecqnceptuaI· p6I'king plan. 'subuúttep,by the ¥etro.·.þë$ign, Group." . dated July 14, 2003. . Altemativ~y, if the appliciIDtcan cl~lydem:onstràtetot:he .' City Attorney that the adja:centcorrunerci.¡¡I piopertydoesnot have par1clligrig1!.ts . <;Jnthepr*ctp¡oper:ty(thenl1,oaddi,tion,als~~lš~:b~requj.red, , ...... . . ~·'~.w~~~A~i;Þ~~.~Î ,. t,';"" '"'. ."." '. 2~·RÊdPIK><::}.LJNGRBsSl:EGrŒsSE.ASBM:ENTS'· ., .. ":Agran,t óf~a$4ID'1~äòJ:~ds!f.aê:cess,¡¡;gr~/ egre~'áric1p~gShal1W$~~êå"';::' .. .prioi ~'final rriápå.pproyal for Use of driv~waY!J; parkiftg~âge'~e¥L6ti W:td . . Lot 2. The text: of the eaŠetnentshä11be åppróvèd by Stili,·aftê:í: dWAi±årnri' . review, a¡¡.d recorded prior to recordation of fiÎ1al ÍIuip. " ',' " . .J,,_ ' ,", . .'.. "..,: s.'·PÊD:F.SnuANiLANDscÄPlNGEAsEMENT$ " ". ............. '.'> .:, . '. .... tr..;'7~"· ..... ,;-:,\ , '.\<i·;~ ", ,'." .', :<.~ ;";,::.... " ,;' ~:'.:" ,'" ' .:.;:. '.; " --"n' . ,.... ,....,. '"':' ,(" .. . "I, . ~" ;.,.. . . '::/ :>:'~; ~f, : '.,-"" ~ LAW OFFICES IE ~ IE U WI IE ,....., 1ST, SC~~~:~,~~?:;:':oR~,;HEPHERD JUN 1 7 2005 0 L.;:J 550 HAMILTON AVENUE. SU'TE 300 PALO ALTO, CALIFORNIA 94301 Klistofer W. Siom Direct dial: 321-5007 Email: kbio111@csbslaw.com (6501 .321-5000 CUPERTINO CITY CLERK FAX (650) 326-2404 June 17, 2005 Via Facsimile (408) 777-3366 and Hand Delivery City Council City of Cupertino Cupertino City Hall 10300 Tore Avenue Cupertino, California 95014-3232 Attn: City Clerk Application: Use Permit: Owner: Location: APN: M-2005-0l U-2003-03 Gregg Bunker 1375 South De Anza Boulevard 366-19-071 Dear City Clerk: This office represents Gregg Bunker, the owner and applicant ofthe above referenced project. Please consider this letter as our petition for reconsideration of the City Council's decision taken on June 7, 2005 with respect to the above referenced project. Reconsideration is sought on the following grounds: 1 The City Council proceeded vv'ithout or in excess of its j urisctiction. 2. The City Council abused its discretion by: a. not preceding in a manner required by law; and/or b. rendering a decision which was not supported by findings of fact; and/or c. rendering a decision in which the findings of fact were not supported by the evidence. { f ~11 CRIST, SCHULZ, BIORN & SHEPHERD City Council City of Cupertino 6/17/05 Page 2 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 III of the Resolution concerns conditions to be administered by the Community Development Department. Item 13 of Section III ("Condition 1II-l3") states as follows: INCIDENTAL PARKING: .The applicant shall provide at least 20 additional stalls on the aè~ace!lt 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. 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 adj acent landowner to allow him to stripe those parking stalls - despite the fact that he agreed to pay for all of the work and even forwarded a check in the amount necessary to do so to the City (which was returned). The neighbor continues its refusal unless Mr. Bunker agrees to an extensive revision of easement agreements that affect the two parcels and agrees to pay significant monies in addition to the cost of restriping. Of course, this has stopped Mr. Bw1ker'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 1II-l3 (Application no. M-2005-01). Tllis 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 1II-l3. Instead, the Planning COlllillission replaced it with the following condition: 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. The new condition - by removing any condition that Mr. Bw1ker add parking to llis neighbor's property- evidences the fact that no such additional parking is required for Mr. [0-18' GRIST, SCHULZ, BIORN & SHEPHERD City Council City of Cupertino 6/17/05 Page 3 Bunker to meet the applicable zarling or planning ordinances. Accordingly, the new condition is an unreasonable, arbitrary and capricious action, which constitutes an unlawful delegation of the City's police power. Again, this new condition places fmal approval ofthis project solely in the hands of a private landowner - namely the Yamagami Trust, a neighbor of Mr. Bunker's. The City Council, on June 7, 2005, added two additional methods by which Mr. Bunker could obtain issuance of his building permit - obtain a court judgment that there is no easement in favor ofthe neighboring property on !be back parcel or obtain an approved policy of title insurance with respect to the same. Mr. Bunker has significant concems that these two conditions are likewise improper. First, to support any of these conditions, the City must essentially make a finding that the disputed easements exist and that tins proj ect unlawfully interferes with those easements. However, the City has made no such finding and there have been insufficient facts presented to the City upon which it could make such a fmding. Second, the issuance of a building permit is a ministerial act. The City has approved the location of the buildings in the project and the project meets all ofthe city zoning and plarunng requirements. The project should not be held hostage to the applicant's neighbor and its claims that the project will interfere with what all parties agree is vague and ambiguous language in the deeds between the two properties. In short, we believe that the proper course of action is for the City to evaluate Mr. Bunker's project in light of the City's current zoning and planning requirements - ie height, setback, use, density, etc. Ifit meets these requirements, the project should be approved and, so long as he meets all conditions with respect to tile City's current zoning and planning requirements, a building permit should be issued. Any private property disputes between neighbors should be left to them to decide whether they wish to negotiate, litigate or ignore. To condition tllis project upon the vague and ambiguous easement claims set forth by Mr. Bunker's neighbor essentially amounts to an inverse condemnation of Mr. Bunker's property and constitutes an arbitrary, capricious and unreasonable delegation of this City's exercise of the police power. 18'~~'7 GRIST, SCHULZ, BIORN & SHEPHEHD City Council City of Cupertino 6/17/05 Page 4 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 1II-13, as amended by the City Council on June 7, 2005. Thank you: Sincerely, C cc: Gregg Bunker (Via Facsimile Only (408) 867-2520) David Prince (Via Facsimile Only (408) 867-3777) John Golden (Via Facsimile Only (650) 345-3656) Mr. Bunker also incorporates herein by this reference all of the documents and evidence previously submitted by him or on his behalf with respect to this project, including those submitted to the plan1l1ng depa11ment, the planning commission and this City Council. I r -1M June 7, 2005 Cupertino City Council Page 2 CEREMONIAL MATTERS - PRESENT TIONS 2. Proclamation recognizing nta Vista High School's successful Walk/Bike to School Day. (No documentatio 'n packet). Mayor Kwok sented the proclamation to representatives of the Monta Vista High School PT A eachers, and the City of Cupertino Bicycle-Pedestrian Commission. WRITTEN COMMUNICATIONS ---') The City Clerk noted that additional documents were distributed for item No. 12, the appeal by Gregg Bunker. ORAL COMMUNICATIONS Charlie Ahem, Miller Avenue, thanked the City Council for a number of things, including its support of the Leadership Cupertino, in which he participated and led to his joining the board of Social Advocates for Y outh (SAY). He also thanked Counci1 member S âoval for her support on their fundraiser "Rivers of Chocolate', and he noted that SAY w d be joining with EHC Lifebuilders. He also thanked Council for promoting walkability i e City and said he was one of the few who are privileged to be able to walk to work. He a thanked that Council for their support of Advocates for a Better Cupertino, which wa providing information about the upcoming initiative measure election, and he invited the ommunity to look at their website at www.abettercupertino.org. He asked Council to ppoint a task force to consider the environmental resources and sustainability portion 0 he General Plan. Kwok/James moved and seconded t approve the items on the Consent Calendar as recommended, with the exception of' m Nos. 7 and 8, which were pulled for discussion. Vote: Ayes: Kwok, Lowenthal, Sandoval ang, James. Noes: None. Absent: None. CONSENT CALENDAR 3. Approve the minutes f m the May 17 and 26 City Council meetings. 4. accepting Accounts Pavable for May 13 and 20, Resolution Nos. 05- 5. Adopt a re lution accepting Payroll for May 20, Resolution No. 05-089. 6. Adop resolution to amend the provisions contained in Resolution No. 04-436 to more cle y specify information required by the Registrar of V oters related to the November 5 election, Resolution No. 05-090. 9. Adopt a resolution approving a Tax Equitv Allocation (TEA), Resolution No. 05-093. { r-/ðI June 7,2005 Cupertino City Council Page 4 At 8:15 p.m., Mayor Kwok opened the public he ng. There were no speakers, and this hearing was continued to the next meeting. Administrative Services Director C Atwood listed the changes that the Council had requested. These included (1) A mg the General Fund trend dollar amounts at the 1999- 2000 level to facilitate com rison to this budget; (2) Fund the Cupertino Scene for a total of 10 issues; (3) Pr Ide details about the CDBG; and (4) In the budget overview, include a list of red ions and cuts made last year which are continuing on into this budget year. 12. Consider an appeal of the Planning Commission's approval of Application No. M-2005- o I 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 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. An additional packet of correspondence was distributed to the Council after the packet was delivered. The correspondence was between Assistant City Attorney Eileen Murray, City Attorney Charles Kilian, Mr. Christopher Biorn, Mr. John Golden, Mr. David Prince, Mr. Gregg Bunker, and Mr. Bert Viskovich. Mayor Patrick Kwok explained that he would recuse himself from this item because he had had dealings with Mr. Bunker while employed by the City of San Jose, and although there was no conflict of interest, he would recuse himself on the advice of the Cupertino City Attorney. At 8:20 p.m. Mayor Kwok was absent. Staff reviewed the history behind the appeal. At 8:20 p.m., Acting Mayor Lowenthal opened the public hearing. Chris Biorn, the attorney representing the applicant, was in favor of the appeal, which would allow the parties to continue with their private dispute. David Prince, also representing Mr. Bunker, reviewed the history of the condition and the Planning Commission's action. Gregg Bunker, property owner and applicant, asked for approval of the appeal. He said that the easements were created at request of City and if the Council does not approve his project now, he felt it would be a breach of his development agreement with the city. John Golden, representing the Yamagami Trust, was opposed to the appeal, and referred to a letter given to the Council just prior to the meeting. Lawrence Russell, Trust Officer for the Yamagami Trust, was opposed to the appeal. [o~{Od- June 7, 2005 Cupertino City Council Page 5 Barry Behr, a resident of Los Altos was opposed to the appeal. He also asked if Mr. Bunker had gotten permits for the lockable fence, since it may pose a barrier to public safety vehicles. Preston Oka, owner/operator of Yamagami's Nursery, was opposed to the appeal because of the impacts on parking, staging area, and retail square footage for the nursery. Gerry Houlihan, representing Preston Oka, was opposed to the appeal, and said if the Council upheld the appeal, they would be in effect approving this project without mitigating the damages recognized by the Planning Commission. Sally Carpenter, owner ofBobbi's Coffee Shop, was opposed to the appeal because of the negative impact it would have on her business. Tom Sloan, project architect, said the 20 spaces were added for the construction phase. He said that the project does stand alone, and meets the parking and zoning requirements. Leo Goria, Vice President of Operations for Summerwinds Nursery, asked the City Council to consider the parking situation in the entire area both during and after construction, because overflow parking may impact his business and Wendy's. The City Attorney said that one of the findings that had to be made when the use permit was issued for construction of the building was that 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 and welfare. He said that this project might potentially affect an easement that may be owned by the Yamagami Trust and may encroach upon the building site. He recommended that no building permit be issued on the rear site unless the applicant either (1) Has an agreement with the neighboring property owner regarding the location of the easements, or (2) Provide the City a judgment from a court saying there is no easement in favor of the neighboring property on that back parcel, or (3) Presents the city with a written policy of title insurance by a reputable title company in an amount determined by the City Attorney to be adequate to insure the city that there is no such easement. James/Kris moved and seconded to deny the appeal and modify the conditions of approval as recommended by the City Attorney. The motion carried unanimously, with Mayor Kwok absent. UNFINISHED BUSINESS - None { g>(D 3 I ;:,\ I li.\'~ /, ,F~ nJ . CUPEIQ1NO P~r1:<:! ~nr1 Rp.l"rp~t;nn np.p~rtmpnt CITY COUNCIL STAFF REPORT Agenda Item Number ft Agenda Date: August 16, 2005 ISSUE Accept a $5,000 contribution for "Kid Zone - Down on the Farm" for the Cupertino Jubilee weekend, September 24 and 25,2005. BACKGROUND The City has received a contribution in the amount of $5,000 from the Edward S. J. Cali Survivor's Trust. This money is to be expended during the Jubilee weekend, September 24 and 25, 2005, for children's activities. With the receipt of this generous donation, $10,000 will be available to underwrite children's activities: . $5,000 from the Cali Trust . $5,000 from the City of Cupertino The City of Cupertino is also expending $5,000 on the event for overall promotion and coordination. This is being managed through the Public Information Office. RECOMMENDATION It is recommended that the City Council accept the donation of $5,000 from the Edward S. J. Cali Survivors Trust for children's activities during the Cupertino Jubilee weekend. Respectfully submitted: Approved for submission to City Council: D'~~~' Ci~ ""'''gcr ....",- Rick Kitson, ublic Information Officer City Manager's Office Printed on Recycled Paper ( 1-{ THE EDWARD S. CALI SURVIVOR'S TRUST City 0 pertino , 'I: 002123 Check Number: 2123 Check Date: Aug 3, 2005 Check Amount: Item to ~ pai d - Desc ri ption Di scount Taken Underwrite Kid's events - Cupert1no 50 year THE EDWARD S.J. CALI SURVIVOR'S TRUST P.O. BOX 1389 CUPERTINO, CA 95015-1389 PAY Five Thousand and 00/100 Dollars TO THE ORDER OF City of Cupertino c/o Sandra James 10300 Torre Ave. Cupertino, CA 95014 COMERICA 90-3752/1211 DATE Auq 3, 2005 $5.000.00 Amount Pai d 5,000.00 002123 AMOUNT ****$5,000.00 9 4 ~ 1 j 2 i ., II' 0 0 2 ¡, 2 311' I: ¡, 2 ¡, ¡, 3 '/ 5 2 21: 8000 ¡, 3 ¡; 0 ¡, 311' AUTHORIZED SIGNATURE "' 1 Il~2. , '........ I 7~' ø,\~' -p'- F CUPEIQ1NO · P~rkç: ~nc1 Rpf':Tp.:::It10n Opp:::lrtmpnt CITY COUNCIL STAFF REPORT Agenda Item Number 20 Agenda Date: August 16, 2005 ISSUE Accept Council subcommittee recommendations and move to approve the revised Community Special Events in Memorial Park Policy. BACKGROUND The subcommittee of Council members Wang and Sandoval has met on this policy since the beginning of the year. They last met on Monday, July 18. Over the months, they wrestled with a number of issues relevant to special events in Memorial Park. The issues of greatest concern to the subcommittee included: · Determining who is eligible to obtain a special event permit · Defining community benefit to be realized in exchange for use of Memorial Park · Denying permits in those cases where the event was poorly executed in a prior year or where the event was deemed inappropriate for Memorial Park · Allowing use of the Quinlan Community Center and/or Senior Center in support of events planned for Memorial Park In addition, a number of housekeeping edits were made to the policy to improve the performance of the event planners. Examples ofthese revisions include: · Providing portable toilets with hand washing facilities · Clearly identifying recycling containers and working with Los Altos Garbage to improve recycling at events · Allowing pony rides and animals (with conditions for each to be imposed by the Parks and Recreation Director or designee) · Authorizing the Parks and Recreation Director to deny a permit DISCUSSION The major policy issues are as follows: · Determining who is eligible to obtain permits: o The subcommittee recommends that the definition of permitee be revised to local, tax-exempt organizations or civic organizations that provide services to residents of Cupertino. 2J) -{ Printed on Recycled Paper August 16,2005 Page 2 of2 . The expectation for community benefit to residents in Cupertino in exchange for using the park: o New event applicants and returning applicants will be asked what benefits the community will receive as a result of the permitted event and staff will check to ensure the benefits were received. The Parks and Recreation Director will have the authority to deny a permit if the permitee did not perform in a prior year or does not intend to provide benefit to the City. . Interior space within the Quinlan Community Center and the Senior Center in support of events will continue to be available. RECOMMENDATION Adopt by motion the attached revised Community Special Events Policy for Memorial Park. Respectfully submitted: Approved for submission to City Council: . ·CYl f"'YY '---' Therese Arnbrosi Smith, Director Parks and Recreation Department W David W. Knapp, City Manager g:\parks and recreation admin\special events\staffreports\mem park policy cc rpt 081605.doc 2..Ó -?- City of Cupertino Community Special Events in Memorial Park PURPOSE To establish policies governing special events held within Memorial Park, City of Cupertino. DEFINITIONS Special Events are events that take place within or contiguous to Memorial Park, City of Cupertino, and are likely to: · Interfere with the normal flow of pedestrian or vehicular traffic · Require special accommodations, regulation of, or waiver ofthe usual traffic laws or controls · Generate a crowd of spectators sufficient in size to obstruct, delay, or interfere with the normal flow of pedestrian or vehicular traffic · Generate a crowd of sufficient size to restrict access to parks, recreation areas, city facilities, or other public areas · Result in the need for police regulation, monitoring, or control POLICIES 1. The City encourages special events and activities that benefit the community. 2. The City acknowledges that various groups and organizations within Cupertino plan, organize and implement special events. 3. The sponsor of the event must submit an application for exclusive use of Memorial Park to the Parks and Recreation Director up to one year before the event and no later than six (6) months prior to the event date. 4. Special event applications shall be awarded only to local tax exempt or civic organizations that provide services to residents of Cupertino. An event producer may be retained by the tax-exempt organization to coordinate an event; however, the tax-exempt organization will be considered the event applicant and will be responsible for all costs, permits, requirements, . regulations, etc. Community Special Events in Memorial Park Page I of4 August 16, 2005 '2J) - 3 5. A three-week period between events is required to allow turf an opportunity to recover from the impacts of events. The calendar of Special Events is as follows: APRIL - Church of Christ Easter Egg Hunt - Cherry Blossom Festival JULY - Chamber of Commerce's Art & Wine (cancelled in 2005) AUGUST - Shakespeare in the Park SEPTEMBER - Iranian Arts & Cultural Festival - Moon Festival OCTOBER - Rotary Club's Oktoberfest (cancelled in 2005) 6. Due to the parking impacts of De Anza College's Flea Market, special events will not be allowed in Memorial Park the first Saturday of every month. 7. When reviewing the applications, the Parks and Recreation Director, or designee, will approve or deny the request using the following general guidelines, and other factors specific to the event proposal: · Is the application complete, and was it filed on time? · Will the event provide cultural, social, recreational or educational activities for Cupertino residents? New events (not previously held in Memorial Park) will need to demonstrate that there will be a significant benefit to Cupertino residents before a permit is issued. · What benefits and impacts will the event create for businesses and residents in Cupertino? · Will the event conflict with other activities planned for Memorial Park on the same day? Priority will be given to events that have annually been held on the particular date(s). · Is there a three-week period in between special events (for the turf to recover from earlier events)? · How will the event benefit charitable causes in Cupertino? For returning events, what do you give to charitable causes in Cupertino? · If this is a returning event to Memorial Park, did it comply with the Special Event Policies last year? · Did the event provide cultural, social, recreational or educational benefits to the community? 8. Complying with this Special Event Policy, applicants shall also comply with all applicable laws, ordinances and regulations. Sound measured at the property line during an event must be within allowable limits stated in the City's noise ordinance. Community Special Events in Memorial Park Page 2 of 4 August 16, 2005 20 ~y 9. Upon the director's approval of the special event application, event organizers shall meet with City staff from Public Works and Parks and Recreation Departments to review special conditions for exclusive use of Memorial Park. 10. The Director of Parks and Recreation, or designee, may add special conditions for exclusive use. SPECIAL CONDITIONS 1. Special event organizers must meet insurance requirements for public liability, automobile liability and workers compensation liability as outlined in the City's special event insurance packet. An applicant must provide evidence of tax-exempt status. The City of Cupertino Exclusive Use Permit Application must be approved by the Parks and Recreation Director or designee. 2. Event set-up shall begin no earlier than 7:00 a.m. and all activity must cease by 10:00 p.m. Vendors will be permitted to unload supplies and equipment from Stevens Creek Boulevard and Anton Way during Saturday and Sunday, 7:00 a.m. to 10:00 a.m. and 4:00 p.m. to 7:00 p.m. At all other times, Stevens Creek Boulevard and Anton Way are a NO STOPPING /NO PARKING ZONE. 3. Event volunteers will monitor the Quillian Community Center front parking lot, Sports Center parking lot and both entrances to the Commons, Christensen Drive and Oaks Shopping Center during the event's hours of operation to prohibit event parking. The monitors are required to be adults (over the age of 18), English speaking and to have a cell phone to communicate with event organizers and Sheriffs' Department. 4. Tents will be erected using the barrel method. 5. Day of event promotional signs may be displayed in the interior of Memorial Park. Signs may not be placed on the sidewalk or in the public right of way. 6. Event advertisement in Memorial Park may take place no earlier than two weeks before the event. Tying banners to park trees is not allowed. 7. Additional clearly marked trash and recycle containers and dumpsters are required in Memorial Park (call Los Altos Garbage for blue tubs). Organizers are responsible for emptying trash receptacles in Memorial Park on event days. 8. An event làyout must be submitted to the Parks and Recreation Department in writing fourteen (14) days prior to event. 9. Off-site parking plans must be submitted in writing thirty (30) days prior to event. 10. Golf carts may be used to transport supplies through Memorial Park. No other motorized vehicles (except wheelchairs) will be allowed. Golfcarts must be driven by licensed drivers. Community Special Events in Memorial Park Page 3 of4 August 16, 2005 '2.D - S 11. Organizers are required to hire Sheriffs Department Deputies to patrol the park during the event. The schedule for the Deputies will be approved by the Parks and Recreation Director or designee. The deputies shall enforce city and park ordinances, and in particular, prevent vehicles from driving into the park. The Parks and Recreation Director, or designee, shall determine the number of officers needed to patrol the event. 12. Portable toilets and ADA portable toilets with hand washing facilities will be required. 13. Event organizers shall provide written notification thirty days in advance of the festival to adjacent neighbors on Christensen Drive and the Commons. Mailing labels will be provided. Event organizers are required to notify the Oaks Shopping Center management of expected event impacts. 14. Only water-soluble material for marking booth spaces may be used. 15. The number of booths shall not exceed 130. 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 in advance of festival date. If alcohol is being sold, organizers must obtain a license from the Department of Alcoholic Beverage Control. 17. Festival organizers must provide, in advance of festival date, the "City of Cupertino Regulations for Festival Vendors in Memorial Park" to all festival vendors. Approved by the City Council on g:\parks and recreation admin\policies\memorial park special event draft policy 081605.doc Community Special Events in Memorial Park Page 4 of4 August 16, 2005 J-Ò -~ , ........1 in~' ~.\~~ Þ' . CUPEIQ1NO Parks and Recreation Department CITY COUNCIL STAFF REPORT Agenda Item Number A Agenda Date: August 16,2005 ISSUE Consider asking the Parks and Recreation Commission to look into the possibility of some sort of memorial for members of the Armed Services who have given their lives in the service of our country. BACKGROUND Mayor Kwok has suggested that the Parks and Recreation Commission look into this possibility. The City constructed Memorial Park, named in honor of Cupertino Veterans, in 1975. In 1980, the Kiwanis Club of Cupertino donated the memorial flag and marker in the park. The marker reads, "Memorial in honor of all Cupertino Veterans who have served on behalf of our country in past wars". RECOMMENDATION If the Council moves Parks and Recreation Commission consideration of an additional memorial, the scope and objective for the effort should be articulated. Respectfully submitted: Approved for submission to City Council: Th~' Director Parks and Recreation Department ~ David W. Knapp, City Manager 2.\ -I Printed on Recycled Paper I ./).i 11.\ ~.~~ /" , . City Hall 10300 Torre Avenue Cupertino, CA 95014-3255 (408) 777-3354 Fax: (408) 777-3333 CUPEIQ1NO DEPARTMENT OF PUBLiC WORKS Summary AGENDA ITEM 1.¡~ AGENDA DATE August 16.2005 SUBJECT AND ISSUE Adoption of Resolution No. 05- '3 b , approving a semi-rural designation to eliminate the requirement for sidewalks and streetlights for Hillcrest Road, Crescent Road, Crescent Court and portions of Orchard Court, Amelia Court, and Cupertino Road. BACKGROUND On October 20, 2003, after receiving from such property owners a number of requests for exceptions to the City requirements, City Council adopted Ordinance No. 1925, amending the City Municipal Code by establishing criteria to be used for designating certain streets or neighborhoods as rural or semi-rural in nature. Such a designation allows modified street improvement standards for local streets that are not covered under the hillside development provisions of the Code. Certain findings concerning neighborhood consensus, safety, and drainage form the basis of the criteria. Property owners along the street frontages of Hillcrest Road, Crescent Road, Crescent Court and portions of Orchard Court, Arnelia Court, and Cupertino Road, shown as Area 17 on the attached map, have circulated a petition in support of altering their neighborhood designation to semi- rural by waiving sidewalk and streetlight requirements. The typical street improvement requirements call for sidewalk to be installed behind curb and gutter on both sides of the street. The typical streetlight requirements call for high-pressure sodium vapor cobra head lamps on 30- foot metal poles to be installed along City streets at about 150 to 200-foot spacings. As required, over 2/3 of the property owners have signed in support of the semi-rural designation necessary to modify these requirements. Curb and gutter will still be required throughout the area to promote efficient drainage. Currently, throughout Area 17 a very small percentage of the lot frontages have existing standard City sidewalk. The Carmen Road cui de sac at the southern edge of this area was previously designated a semi-rural area. Cupertino Road west of Area 17 has existing sidewalk on both sides of the street from the boundary of Area 17 to Foothill Boulevard. Sidewalk along Stevens Creek Boulevard extends around the returns at the Cupertino Road/Stevens Creek Boulevard intersection. Printed on Recycled Paper 2 2... ~ -'( In tenns of safety, these streets are not designated as safe routes to school. Based on the recorded incident history between 2000 and 2003, there have been no pedestrian or vehicular accidents reported in the area. Street conditions within Area 17 are such that pedestrians would have sufficient space to travel safely along the streets without a separate pedestrian pathway. FISCAL IMPACT There is no financial impact. STAFF RECOMMENDATION Staff recommends that the City Council adopt, Resolution No. 05-/36 , approving a semi-rural designation to eliminate the sidewalk and streetlight requirement for Hillcrest Road, Crescent Road, Crescent Court and portions of Orchard Court, Amelia Court, and Cupertino Road. Submitted by: Approved for submission to fu~r?l ~- D Id . Knapp City Manager ~Q~~(.J~ Director of Public Works ;22. (1- 2.. RESOLUTION NO. 05-136 DRAFT A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO APPROVING A SEMI-RURAL DESIGNATION FOR HILLCREST ROAD, CRESCENT ROAD, CRESCENT COURT AND PORTIONS OF ORCHARD COURT, AMELIA COURT, AND CUPERTINO ROAD. WHEREAS, property owners along the frontages of Hillcrest Road, Crescent Road, Crescent Court and portions of Orchard Court, Amelia Court, and Cupertino Road have circulated a petition in support of altering their neighborhood designation to semi-rural; and WHEREAS, over 2/3 of the property owners have signed in support of waiving sidewalk and streetlight requirements for these streets. NOW, THEREFORE, BE IT RESOLVED THAT the City Council hereby approves a semi-rural designation for Hillcrest Road, Crescent Road, Crescent Court and portions of Orchard Court and Amelia Court, waiving sidewalk and streetlight requirements for these streets, pursuant to Ordinance No. 1925. PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this 16th day of August 2005, by the following vote: Vote Members of the Citv Council AYES: NOES: ABSENT: ABSTAIN: ATTEST: APPROVED: City Clerk Mayor, City of Cupertino 2..2a.~] >( ~ o¡.B~ 1---'. . . , '\ - ,'" VICEROY >-...../<;;T 1'" , .- ", I -- '" ~~\\ , / " ~:-- o ".' ~ -' Ò ". ~- I'" " 10 ;1J _ , - ',/ ", " SIDEWALK & STREETLIGHT EXEMPTION MAP AREA 17 ~.' I~,- ~ ,>! I '" .~ """'" , " -( 10:\1 ' ///'- · _, 10:00 ......--....... ,~.' ".' ""., "~ /1A --------- "" ", ) J I " , , ," "', h. !,> ~ . , : I- , . -- " ;C 1.:·"" "'. 1";;¡ ,......., ,', , ",f.,,'"' ~~ l' "'.... ~ "--,\ .",.1-,.. . }:' fW., \~ 1.1' <:;-~ '., "",\" V / \ H _~' ~'~ " ' '\¡ ~ - / ",... fP '. jl "\, ç¡p " '-, " I 1 I I \ 'J; '., /" '"'' I,." ,," : i:,\ '\"" 'y ''\,. '" --'...::......."i"'< ',' > ' '\,,-,, ",,' ,,' '\ "-/ ~ "" ''\ E5 - ',',' '" " - 10033 ;<1 o 712n ".-" 1·;',,';': .: 1:: r. - - · " : " · " :, ¡I/: - - I :' , I I ' - : ...:..-. -, " __ Z."" " ...........'" ", / , ~ /!,1~' ~ , Q ~'.J __ _/"" ./,~ --=--.:-,-- ·'-"26 ~-,... " .:'; ;~ r: <::. ..... -....... -- ----...... * ,- " (~. - ã: 1. ; ~.....__ ......... ~-.* ~ I ---e-":: ' ..----... .......~_____ ... ., :::-,. ~ 10---." ~""';.'·~lf;".,,~1 f¡ 0~~---- ~/1 , -...,\ -- ,~- . - j,{ --.,J~ , _ _~'. ~ ,I'----. 7 J'~~l I '. ORCHÞRD CT " -----------. '" CU¡>ERTINO RD' - " "j ..----", ~ " :J " r:- ~í ~I Ñ\ \ LJ . o ." " ;1 "'. fi I LEGEND Existing Sidewalk - - - - - - - - - - - - - ;¿ .2.J(. ~ L/ ,\ /~ ø .\ ~ /' ~ / I ._.___________ i ·Y ¡- City Hall 10300 Torre Avenue Cupertino, CA 95014-3255 (408) 777-3354 Fax: (408) 777-3333 F CUPEIQ1NO DEPARTMENT OF PUBLIC WORKS Summary AGENDA ITEM :ub AGENDA DATE August 16. 2005 SUBJECT AND ISSUE Adoption of Resolution No. 05- J 3 Î , approving a semi-rural designation to eliminate the requirement for sidewalk on the east side of Lonna Lane and the intersecting northeast corner of Kirwin Lane and Lonna Lane, pursuant to Ordinance No. 1925. BACKGROUND On October 20, 2003, after receiving from such property owners a number of requests for exceptions to the City requirements, City Council adopted Ordinance No. 1925, amending the City Municipal Code by establishing criteria to be used for designating certain streets or neighborhoods as rural or semi-rural in nature. Such a designation allows modified street improvement standards for local streets that are not covered under the hillside development provisions of the Code. Certain findings concerning neighborhood consensus, safety, and drainage form the basis of the criteria. Property owners along the street frontages of Lonna Lane and a portion of Kirwin Lane, shown as Area 18 on the attached map, have circulated a petition in support of altering their neighborhood designation to semi-rural by waiving sidewalk requirements. The typical street improvement requirements call for sidewalk to be installed behind curb and gutter on both sides of the street. The typical streetlight requirements call for high-pressure sodium vapor cobra head lamps on 30-foot metal poles to be installed along City streets at about 150 to 200-foot spacings. As required, over 2/3 of the property owners have signed in support of the semi-rural designation necessary to modify the sidewalk requirements. Curb and gutter and streetlight requirements will remain in effect. Currently, sidewalk exists along the west side of Lonna Lane extending around the return onto Kirwin Lane. No standard City sidewalk exists along the east side of the street, and there is no sidewalk around the return onto Kirwin Lane. Curb and gutter and streetlights have been fully installed throughout the area. In terms of safety, these streets are not designated as safe routes to school. Also, street conditions are such that pedestrians will have sufficient space to travel safely along the existing pedestrian pathway along the west side of the street. Based on the recorded incident history between 2000 and 2003, there have been no pedestrian or vehicular accidents reported in the area. 2:2- 6-1 Printed on Recycled Paper FISCAL IMPACT There is no financial impact. STAFF RECOMMENDATION Staff recommends that the City Council adopt, Resolution No. 05- 137 , approving a semi-rural designation to eliminate the requirement for sidewalk along the east side of Lonna Lane and the intersecting northeast corner of Kirwin Lane and Lonna Lane, pursuant to Ordinance No. 1925. Submitted by: Approved for submission to the City Council: ~3L David W. Knapp City Manager ~:!/;l.eldCd- Director of Public Works 2J-b- :L RESOLUTION NO. 05-137 DRA~r A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO APPROVING A SEMI-RURAL DESIGNATION FOR LONNA LANE AND A PORTION OF KIRWIN LANE WHEREAS, property owners along the frontages of Lonna Lane and a portion of Kirwin Lane have circulated a petition in support of altering their neighborhood designation to semi- rural; and WHEREAS, over 2/3 ofthe property owners have signed in support of waiving sidewalk requirements along the east side of Lonna Lane and the intersecting northeast corner of Kirwin Lane and Lonna Lane. NOW, THEREFORE, BE IT RESOLVED THAT the City Council hereby approves a semi-rural designation to waive sidewalk requirements for the east side of Lonna Lane and the intersecting northeast corner of Kirwin Lane and Lonna Lane, pursuant to Ordinance No. 1925. PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this 16th day of August 2005, by the following vote: Vote Members of the Citv Council AYES: NOES: ABSENT: ABSTAIN: ATTEST: APPROVED: Mayor, City of Cupertino City Clerk 2..2..b-J I"- 1'- (J) I ~ I ~ I .,... I .,... .,... l"- t.') CO (£ .,... 0 I"- 0 ~ SIDEW ALK EXEMPTION MAP co 0 0 ('oJ ('oJ ('oJ N McCLELLAN AREA 18 R -------... -~ r I " r 805 I 10512 0 I 10511 10520 "" I L0 r- I 10- 813 I II 10536 (f) I 2 10526 10525 >- I I .-J S - 820 821 I I 10544 I 10540 10539 I 10- 828 829 I I I 10554 10552 10- 836 I 10553 837 I II: :1 10566 - 842 I. 10568 '10567 845 I I~ ,I ,', I :1 , , :1 848 ~~, 853 , 10580 'I 10582 1 0581 I I ¡: « I" - 856 12 2 861 I I 112 j :0 10596 10597 I 10596 ~I I.-J I 0 86~il I J I-- 864 I 1 I 10614 10615 10614 I I 874 877,1 II :1 I' 8821 I 10628 10629 1 ~ 8851 10628 Iii , ~ 'I , l!) 'I i l20635 C') t 20707 10645 1 t.0 r- }h ,---~ , ./ I ~\ ------, ¡ ¡----- i LEGEND I N , I I -! Existing Sidewalk I ~-------1 , N 0 0:> -------------. ~0 N 0 I z2-\:J-Y 1 :>1 tj\~, ,»", . City Hall 10300 Torre Avenue Cupertino, CA 95014-3255 (408) 777-3354 Fax: (408) 777-3333 CUPEIQ1NO DEPARTMENT OF PUBLIC WORKS Summary AGENDA ITEM 2.:L c.. AGENDA DATE August 16. 2005 SUBJECT AND ISSUE Adoption of Resolution No. 05- I 38 , approving a semi-rural designation to eliminate the requirement for sidewalks and streetlights for Alcazar Avenue, pursuant to Ordinance No. 1925, except at properties on the corners of the Alcazar Avenue intersections with Byrne Avenue and Orange Avenue, and along Imperial Avenue, where sidewalks and streetlights will still be required. BACKGROUND On October 20, 2003, after receiving from such property owners a number of requests for exceptions to the City requirements, City Council adopted Ordinance No. 1925, amending the City Municipal Code by establishing criteria to be used for designating certain streets or neighborhoods as rural or semi-rural in nature. Such a designation allows modified street improvement standards for local streets that are not covered under the hillside development provisions of the Code. Certain findings concerning neighborhood consensus, safety, and drainage fOffil the basis of the criteria. Property owners along the street frontages of Alcazar Avenue and a portion ofImperial Avenue, shown as Area 19 on the attached map, have circulated a petition in support of altering their neighborhood designation to semi-rural by waiving sidewalk and streetlight requirements. The typical street improvement requirements call for sidewalk to be installed behind curb and gutter on both sides of the street. The typical streetlight requirements call for high-pressure sodium vapor cobra head lamps on 30-foot metal poles to be installed along City streets at about 150 to 200-foot spacings. As required, over 2/3 of the property owners have signed in support of the semi-rural designation necessary to modify these requirements. Curb and gutter will still be required throughout the area to promote efficient drainage. In teffils of safety, the recorded incident history between 2000 and 2003, shows that there have been no pedestrian accidents and one vehicular accidents during that period reported in the area. Alcazar Avenue itself is not designated as a route to school. However, the north-south intersecting streets of Byrne Avenue and Orange Avenue are designated as suggested routes to school, since Monta Vista High School, Lincoln Elementary School, and Kennedy Middle School are to the immediate south of this area across McClellan Road. Although not technically Printed on Recycled Paper :( :L C -I a suggested route to school, Imperial Avenue also runs south to McClellan Road and the schools, and should be considered an alternative for student commute to the schools. So although street conditions along Alcazar Avenue are such that pedestrians will have sufficient space to travel safely along the roadway without a continuous pedestrian path, the sidewalk and streetlight requirement will still apply to the corner lots at the intersection of Alcazar Avenue with Byrne Avenue and with Orange Avenue and also along Imperial Avenue where Alcazar Avenue intersects it. These corner lots have Byrne Avenue, Orange Avenue, and Imperial Avenue addresses, respectively. Sidewalk already exists along these lot frontages at Byrne Avenue and Imperial Avenue. Of the remaining lots, all with Alcazar Avenue addresses, only 18% have existing City-recognized sidewalk. Streetlights attached to existing joint utility poles exist along Alcazar Avenue. In terms of safety, this street is not recognized as routes to school. Also, street conditions are such that pedestrians will have sufficient space to travel safely along the street without a separate pedestrian pathway. FISCAL IMPACT There is no financial impact. STAFF RECOMMENDATION Staff recommends that the City Council adopt, Resolution No. 05-Jl.L approving a semi-rural designation to eliminate the requirement for sidewalks and streetlights for Alcazar Avenue, pursuant to Ordinance No. 1925, except at properties on the corners of the Alcazar Avenue intersections with Byrne Avenue and Orange Avenue, and along Imperial Avenue, where sidewalks and streetlights will still be required. Submitted by: ~~~"~d Director of Public Works id W. Knapp City Manager 2.2..(-2... DRAFT RESOLUTION NO. 05-138 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO APPROVING A SEMI-RURAL DESIGNATION FOR ALCAZAR AVENUE. WHEREAS, property owners along the frontages of Alcazar A venue have circulated a petition in support of altering their neighborhood designation to semi-rural; and WHEREAS, over 2/3 of the property owners have signed in support of waiving streetlight and sidewalk requirements for these streets. NOW, THEREFORE, BE IT RESOLVED THAT the City Council hereby approves a semi-rural designation for Alcazar Avenue, pursuant to Ordinance No. 1925, except at properties on the corners of the Alcazar A venue intersections with Byrne A venue and Orange Avenue, and along Imperial A venue, where sidewalks and streetlights will still be required. PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this 16th day of August, 2005 by the following vote: Vote Members of the Citv Council AYES: NOES: ABSENT: ABSTAIN: ATTEST: APPROVED: City Clerk Mayor, City of Cupertino 1..2(-3 J I I' ] .." I .....\! - ~rr == - I - SIDEW ALK & STREETLIGHT ~ = " , EXEMPTION MAP ., - to"; - t,' AREA 19 10.::18 UJ - ~ ,. ~ - I· ;:I$"~ T tJ ~ :1$(';: 8 a.. - - L .. - ALMADEN AVE ... OUVEAVE I, ~GO l F" - C - ~ B ,. · ¡mBa - Im:::s4. ¡¡ " ;""'-':.~ I,; - UJ 10.::760 .... 110:00 - " :¡: 10::3+ .. tIll[ , ... $ ~ S õ ~ - .- = .. ;; .- - Ð10(; " ,. . · . .. . - 0: . ¡¡ ¡¡ " " " ¡¡ 0 IQ:!c '03'" 10)00 ~/f j.: /' . SM( FERNANDO AVE . ." ..... /: (" 10310 /" " = ~ .. . 10)::0 .. - 2- - - I 10330 .. .. ; " : - - - I tc¡).e, '. C .. " , = .. .. . . = '....,., ....:-- I I .. ,."" - · , .. .. - I .. .-. . - . . - d~ - k _.:-; tl2 .- .. ·c. - ., :-- - AL CAV\.R.sT - , " - - I' - I :Jl - - - - - - - - - "-'( I ' , , "" Ii> .),.\. f( I:,:" , I , f- I ~ . .. II.!; . , , , ., ;;..- 14: , , ¡¡ -. f-- .~ .' w ., . / z - -lL ;¡ 1(1 ,. f- ~ r- ' . ~ .. .- ~, ~ õ = 0 "(d f- ;¡ . 10...:0 I"::! . f- DOLORES'AVE IO...ro b -' " "!" « f-- " ë2 " I, . ·UJ f'lOOh'Ah" a. f--r - ~ :', IQHS. , ,. '\ "- 101';:';: I:--' . ~ , , , " IO~';'; , c-- 10.1>.; f--, ,. " r--' õ " " .. , . , , '-- " ;; .. .' , " - IkCLELLAI< , - :-- '-- -¡ i LEGEND I l \ I \ .......\ , , I N I :~ ~ ¡ I Existing Sidewalk - - - - - - - B - - - - - - -=:;: L___--------' . Future Sidewalk ~--~-- .__________~.__~_._.__________...J '1.. 2.. C - If :::,\1 i.~~ I --~ . .. . City Hall 10300 Torre Avenue Cupertino, CA 95014-3255 (408) 777-3354 FAX (408) 777-3333 I CUPEIQ1NO PUBLIC WORKS DEPARTMENT Summary AGENDA ITEM :L3 AGENDA DATE August 16. 2005 SUBJECT AND ISSUE Review of bids and award of contract for Mary Avenue Bike Ped Bridge Project, Phase 1, Clearing, Grubbing & Rough Grading, Project No. 05-9449 to the lowest responsive and responsible bidder, Gordon N. Ball, Inc. in the amount of$566,073, and approval of a construction contingency of $ 80,000.00 to cover unforeseen work required to complete Phase 1. BACKGROUND On June 21, 2005 Public Works provided Council with a progress report of the Mary Avenue Bicycle Footbridge and Community Outreach. The staff report advised Council of the design, budget, funding, schedule, and community outreach efforts of the project. In the discussion of the Project Schedule, staff advised Council that the project would be constructed in two phases. This report summarizes the public bids received on August 9, 2005 for Phase 1. Phase 1 work will include the partial excavation ofthe north berm adjacent to Homestead High School. Excavation on that berm is necessary to lower the height of the berm where the bridge approach slab will begin and the excavated soil is needed to fill in low spots on both berms to accommodate the appropriate slope to meet ADA criteria. The contractor will also build both a new security fence and a privacy fence for seven residents in Sunnyvale and seven residents in Cupertino. In a cooperative arrangement with the City of Sunnyvale, the City of Cupertino will issue any necessary building permits for the fence in Sunnyvale and inspect the work to ensure code compliance. Particularly important is the construction of new underground vaults and conduits for PG&E electrical service and Comcast communications lines at the base of the north berm. Their relocation must be accomplished to allow the construction of the north tower in Phase 2. Often, when PG&E service lines are in the City's right of way, it becomes PG&E's responsibility to pay to have them relocated to accommodate a City project. In this particular case, however, the PG&E lines are protected by an easement that appears to pre date the formation of the City's right of way, making it necessary for the City to incur the cost of relocation. Printed on Recycled Paper 2.. J-' Phase I construction is currently being coordinated with the Cupertino School District and the adjacent Cupertino business of Loc-N-Stor. The following is a summary of bids received for Mary Avenue Bicycle Pedestrian Bridge, Phase 1 : Bidder Engineer's Estimate Base Bid $800,000.00 Gordon N. Ball, Inc. Granite Rock Co. RGW Construction, Inc. Stevens Creek Quarry, Inc. $566,073.00 $728,242.00 $735,475.25 $735,492.00 The lowest responsive and responsible bidder is Gordon N. Ball, Inc. with a bid amount of $566,073.00. The engineer's estimate for basic site work is $ 500,000.00, and the engineer's estimate to relocate the PG&E service lines is $300,000, for a total of $800,000. Staff had originally proposed the first phase as site work only but has now combined it with the utility relocation work. FISCAL IMPACT This action will require expenditure from the approved CIP account no. 270-9449-9300 in the amount of $566,073.00, and is dependant upon the adoption of a resolution, recommended earlier on this meeting agenda, authorizing the City Manager to execute a funding agreement with the VT A. STAFF RECOMMENDATION Award of contract for Mary Avenue Bicycle Pedestrian Bridge Project, Phase 1, Clearing, Grubbing & Rough Grading, Project No. 05-9449 to the lowest responsive and responsible bidder, Gordon N. Ball, Inc., in the amount of $566,073.00, and approval of a construction contingency of $80,000.00 to cover unforeseen work that might be required to complete Phase 1. Submitted by: Attest as to bids received: Approved for submission: Ralph A. Qualls, Jr. Director of Public Works David W. Knapp City Manager Z. 3- ~ /-feariqulí/"tas , . ~! c . !'ffi ,)lJuthan L:t~tormfl 0.., ce 602 East Huntington Dr., Ste. C Monrovia, CA 91016 PH' (626) 305-1315 "" (626) 305-1345 ~ \.... LEAGUE ., OF CALIFORNIA "-CITIES 1400 K STREET SACRAMENTO, CA 95814 PH' (916) 658-8200 FX: (916) 658-8240 \;;"')/'è;.C,">'C1,"\lè'i. :11'; July 6, 2005 To: The Honorable Mayor and City Council From: Pat Eklund, League President, Council Member, Novato Re: Designation of Voting Delegate for 2005 League Annual Conference The League's 2005 Annual Conference is scheduled for Thursday. October 6 throuQh Saturday, October 8 in San Francisco. One very important aspect of the Annual Conference is the Annual Business Meeting where the membership takes action on conference resolutions. Annual conference resolutions guide cities and the League in our efforts to improve the quality, responsiveness and vitality of local government in California. It is important that all cities be represented at the Annual Business Meeting on Saturday, October 8th, at 10:30 a.m. at the San Francisco Moscone Convention Center West. To expedite the conduct of business at this important policy-making meeting, each city council should designate a voting representative and an alternate who will be registered at the conference and present at the Annual Business Meeting. A voting card will be given to the city official that is designated and indicated on the enclosed "Voting Delegate Form." Please complete and return the enclosed form to the League's Sacramento office at the earliest possible time (not later than Monday, September 6, 2005), so that proper records may be established for the conference. The city's designated voting delegate may pick up the city's voting card at the Voting Card desk located in the League registration area. The Desk will be open on October 6, 7, and 8. Voting cards should be picked up before the Annual Business Meeting on October 8th. The voting procedures to be followed at this conference are printed on the reverse side of this memo. Your help in returning the attached "Voting Delegate Form" as soon as possible is appreciated. If you have any questions, please call Lorraine Okabe at (916) 658-8236. 2l{-{ ~ 1F~*90H5 CITIES Annual Conference Voting Procedures 1. Each member city has a right to cast one vote on matters pertaining to League policy. 2. To cast the city's vote, a city official must have in his or her possession the city's voting card and be registered with the Credentials Committee. 3. Prior to the Annual Conference, each city should designate a voting delegate and an alternate and return the Voting Delegate Form to the League Credentials Committee. 4. The voting delegate, or alternate, may pick up the city's voting card at the voting card desk in the conference registration area. 5. Free exchange of the voting card between the voting delegate and alternate is permitted. 6. If neither the voting delegate nor alternate is able to attend the Business Meeting, the voting delegate or alternate may pass the voting card to another official from the same city by appearing in person before a representative of the Credentials Committee to make the exchange. Prior to the Business Meeting, exchanges may be made at the ''Voting Card" table in the League Registration Area. At the Business Meeting, exchanges may be made at the ''Voting Card" table in the front of the meeting room. Exchanges may not be made while a roll call vote is in progress because the Credentials Committee will be conducting the roll call. 7. Qualification of an initiative resolution is judged in part by the validity of signatures. Only the signatures of city officials who are authorized to use the city's voting card, and who have left a sample of their signature on file for the Credentials Committee, will be approved. 8. In case of dispute, the Credentials Committee will determine the right of a city official to vote at the Business Meeting. 2l{-2 City Hall 10300 Torre Avenue Cupertino, CA 95014-3255 Telephone: (408) 777-3223 FAX: (408) 777-3366 kimberlys@cupertino.org F CUPEIQ1NO OFFICE OF THE CITY CLERK SUMMARY Agenda Item No.2:) Meeting Date: August 16. 2005 SUBJECT AND ISSUE Select a date and time in December to receive the official canvass of election results, swear in Council members, select a new mayor and vice-mayor, and hold a public reception. BACKGROUND This year the Registrar of Voters has until Tuesday, December 6, to present the canvass of election results. Because of the number and complexity of the elections, they do not expect to be able to provide results any sooner. The City Clerk must certifY the results of the election no later than the next regularly scheduled council meeting following the presentation of the canvass, which would be December 20,2005 (Elections Code Section 10262 b). At the same meeting, the City Council must choose a mayor and vice-mayor after the elected officials have been installed. (Government Code Section 36801). RECOMMENDA nON Provide direction to staff regarding a date and time for receiving the canvass of votes, reorganizing the Council, and holding the traditional reception to honor the outgoing mayor. Staff recommends one of the following dates: · Thursday, December 8, 6:00 p.m. · Monday, December 12, 6:00 p.m. · Thursday, December 15, 6:00 p.m. · Tuesday, December 20, before or after the regular business meeting. SU~ . 0/ ~ Kimberly Smi City Clerk ~r submission: David W. Knapp City Manager Printed on Recycled Paper 1)-/ ·_1 !¡~'.~ ,., I . City Hall 10300 Torre Avenue Cupertino, CA 95014·3255 (408) 77B354 FAX (408) 777-3333 F CUPERJINO PUBLIC WORKS DEPARTMENT Summary AGENDA ITEM ;2 ~ 0... AGENDA DATE AU2ust 16. 2005 SUBJECT AND ISSUE Adopt Resolution No. 05- 13~ , authorizing the City Manager to apply for, accept, and appropriate $41,400.00 in Fiscal Year 2005-06 funding from the California Office of Traffic Safety (OTS) for the Collins Elementary Installation of Advance School Flashing Beacons and In-Roadway Warning Lighting System Project. BACKGROUND / Recently, the Cupertino Union School District (CUSD) reassigned the CUSD elementary school boundaries, shifted school sites, and increased student population. The previous site for Collins Elementary School at 10451 Vista Drive was within a small typical residential neighborhood with low volume residential traffic. However, its new location at the 10300 Blaney Avenue former Portal Elementary School site presents many more challenges for a larger number of elementary students, including the presence of bypass commute traffic on Blaney A venue, especially during the weekday morning commute. When Collins School on Blaney Avenue reopened on January 3,2005, City Public Works staff, at the invitation of the principal, began observing the school commute traffic on Blaney A venue. As a result, Public Works staff suggested some traffic facility modifications that would promote a safer student commute to the school. Since there were no funds available in the City budget for the modifications, staff sought grant funding to pay for the modifications. The OTS program provides an opportunity for the City to access the funds necessary to acquire the equipment required for the modifications. The traffic facility modifications include the installation of flashing beacons to alert motorists along Blaney Avenue as they approach the Collins school zone, and the installation of in-pavement lighting at the school crossing of Blaney Avenue. Printed on Recycled Paper 1 ~ ct -I FISCAL IMPACT The OTS grant, if approved, will provide funds for the equipment necessary for the flashing school zone beacons and the in-pavement crosswalk lighting. There is no requirement for matching funds from the City. However, City staff will provide a modest amount of labor required to install the equipment. STAFF RECOMMENDATION Staff recommends that the City Council Adopt Resolution No. 05- 139 , authorizing the City Manager to apply for, accept, and appropriate $41,400.00 in Fiscal Year 2005-06 funding from the California Office of Traffic Safety for the Collins Elementary Installation of Advance School Flashing Beacons and In-Roadway Warning Lighting System Project. Submitted by: ~~u~UU~ Director of Public Works Appr ved for submission: David W. Knapp City Manager 2~Q-'¿ RESOLUTION NO. 05-139 r""" . Ui~'JJ.fr A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO AUTHORIZING THE CITY MANAGER TO APPLY FOR, ACCEPT AND APPROPRIATE $41,400 IN FISCAL YEAR 2005-06 FUNDING FROM THE CALIFORNIA OFFICE OF TRAFFIC SAFETY FOR THE COLLINS ELEMENTARY INST ALLA nON OF ADVANCE SCHOOL FLASHING BEACONS AND IN-ROADWAY WARNING LIGHTING SYSTEM PROJECT WHEREAS, the California Office of Traffic Safety (OTS) annually disburses fuoding to eligible jurisdictions for projects that improve traffic safety on California streets and highways; and WHEREAS, the City of Cupertino desires to apply for, accept and appropriate up to $41,400 in fuoding from OTS for fiscal year 2005-06 for the purpose of appropriating said funding to Public Works Department to traffic safety modifications in the Collins Elementary school zone along Blaney A venue; and WHEREAS, the City of Cupertino is not required to provide a local monetary match but will provide the labor necessary to install the traffic safety modifications; and WHEREAS, said fuoding will allow the City to construct traffic safety modifications to the Collins Elementary school zone along Blaney Avenue. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Cupertino hereby authorizes the City Manager to apply, accept and appropriate of FY 2005-2006 OTS fuods in the amount of $41 ,400 for the purpose of appropriating said funding to Public Works Department to traffic safety modifications in the Collins Elementary school zone along Blaney A venue; and BE IT FURTHER RESOLVED, that the City Manager, or his designee, is authorized, on behalf of the City of Cupertino, to execute and submit all documents, payment requests, and related actions, as well as, to appropriate any additional fuods received for the completion of the project; and BE IT FURTHER RESOLVED, that should additional funds be received for this project, the City Manager, or his designee, is hereby authorized to accept and appropriate the same for the purposes described above. PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this 16th day of August, 2005, by the following vote: Vote Members of the City Council AYES: NOES: ABSENT: ABSTAIN: ATTEST: APPROVED: City Clerk Mayor, City of Cupertino 2&Q - 3 i~~ ~ I OF CUPEIQ1NO PUBLIC WORKS DEPARTMENT Summary AGENDA ITEM 210 b AGENDA DATE AUl!:ust 16, 2005 SUBJECT AND ISSUE Report on Lawson Middle School Pedestrian and Traffic Committee Adoption of Resolution No. 05- 140 , authorizing the City Manager to negotiate and execute an amendment to the agreement with All City Management Services (ACS) to provide for up to three additional school pedestrian crossing guards in the vicinity of the new Lawson Middle School. BACKGROUND The Cupertino Union School District (CUSD) is in the process of converting Collins School in Cupertino from an elementary to a middle school. Following the approval on a redistricting plan within the City of Cupertino, a Traffic and Pedestrian Safety Committee consisting of City Staff, CSUD staff, and representatives of the parent groups from each school. A variety of issues and concerns were discussed over a period of six months to ensure that every effort is made to provide safe routes to school for children walking or cycling to the schools in the Lawson area. The City has installed countdown pedestrian head devices at key intersections and has installed additional pedestrian warning signs to reflect the change in routes to school affected by the redistricting plan within the City of Cupertino. The City has also sought grant funding from the California Office of Traffic Safety advance school flashing beacons and in-roadway warning lighting systems in this same area. Lastly, one ofthe considerations, which had been discussed as an important adjunct to the traffic and safety programs, was the need for additional school crossing guards. City staffhad, in anticipation of this need, prepared a budget proposal to provide additional crossing guards as part of the FY 2005-2006 operating budget. However, it was indeterminate at that time as how many crossing guards were needed and at what locations they would be stationed. So the budget proposal was deferred until that evaluation had taken place. Printed an Recycled Paper ;l/i; 1-1 It has now been determined that three crossing guards will be needed at the intersections of De Anza Boulevard and Mariani and Rodriques A venues as well as at Vista Drive and Stevens Creek Boulevard. The City currently maintains a contract with a provider of crossing guards for other locations in the City. An amendment to the contract with ACS would be required to place the three additional crossing guards. FISCAL IMPACT Funding is available for the amendment to the ACS crossing guards contract in the approved FY 2005-2006 budget of the Service Center Administration Division, Account No. 110-8201-7014. This funding is available because of some projected savings in contract services for the coming fiscal year. Thereafter the incremental would be included in future FY budget proposals. STAFF RECOMMENDATION Adoption of Resolution No. 05- _(Lit) , authorizing the City Manager to negotiate and execute an amendment to the agreement with All City Management Services (ACS) to provide for up to three additional school pedestrian crossing guards in the vicinity of the new Lawson Middle School. Submitted by: ~~a~" t;t c.J tr Director of Public Works ~bmission: David W. Knapp City Manager 21Ób-1 RESOLUTION NO. 05-140 DRAFT A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE AN AMENDMENT TO THE AGREEMENT WITH ALL CITY MANAGEMENT SERVICES TO PROVIDE FOR UP TO THREE ADDITIONAL SCHOOL PEDESTRIAN CROSING GUARDS IN THE VICINITY OF THE NEW LAWSON MIDDLE SCHOOL WHEREAS, the Cupertino Union School District (CUSD) is in the process of converting Collins School from an elementary to Lawson Middle School; and WHEREAS, following approval of a redistricting plan, a Traffic and Pedestrian Safety Committee was formed to ensure providing safe routes to schools for children walking or cycling to the schools in the Lawson area; and WHEREAS, the need for additional school crossing guards was recognized as an important adjunct of a safety program; and WHEREAS, the City currently maintains a contract with a provider of crossing guards for other locations in the City. NOW, THEREFORE, BE IT RESOLVED, THAT the City Council of the City of Cupertino hereby authorizes the City Manager to negotiate and execute an amendment to the ACS crossing guard contract to place three additional crossing guards in the vicinity of the new Lawson Middle School. PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this16th day of August, 2005, by the following vote: Vote Members of the Citv Council AYES: NOES: ABSENT: ABSTAIN: ATTEST: APPROVED: City Clerk Mayor, City of Cupertino :<'01,-3 DRAFT ORDINANCE NO. 1965 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CUPERTINO AMENDING CHAPTER 2.74 OF THE CUPERTINO MUNICIPAL CODE REGARDING RENAMING THE TELECOMMUNICATIONS COMMISSION THE CITY COUNCIL OF THE CITY OF CUPERTINO HEREBY AMENDS THE FOLLOWING SECTIONS OF THE CUPERTINO MUNICIPAL CODE: CHAPTER 2.74: CUPERTINO TECHNOLOGY. INFORMATION. AND COMMUNICATIONs COMMISSION* Section 2.74.010 2.74.020 2.74.030 2.74.040 2.74.050 2.74.060 2.74.070 2.74.080 Established. Term of office. Vacancy-Removal. Meeting-Quorum-Officers-Staff. Records. Duties, powers and responsibilities. Budget. Effect. Prior ordinance history: Ords. 1099, 1166, 1167, 1233, 1280, 1321, 1465 and 1697. * 2.74.010 Established. The TECHNOLOGY. INFORMATION. AND COMMUNICATIONs Commission (formerly Telecommunications Commission of the City) is established and shall consist of five members from among the qualified electors of the City, none of whom shall be officials or employees of the City, nor cohabit with, as defined by law, nor be related by blood or marriage to any member of the Commission, the City Manager or the staff person(s) assigned to this Commission. Members of the Technologv. Information. and Communications Commission shall be appointed by the City Council. (Ord. 1722, (part), 1996; Ord. 1714, (part), 1996) 2.74.020 Term of Office. A. Commissioners serve at the pleasure of the City Council. The term of office of the members of the Technologv. Information. and Communications Commission shall be for four years and shall end on January 15th of the year their term is due to expire. No commissioner shall serve more than two consecutive terms except that a commissioner may serve more than two consecutive terms if he or she has been appointed to the .z 7-{ Ordinance No. 1965 2 Commission to fill an unexpired term of less than two years. B. The appointment, reappointment and rules governing incumbent members of the Commission are governed by Resolution No. 7571 of the Cupertino City Council. (Ord. 1722, (part), 1996; Ord. 1714, (part), 1996) 2.74.030 Vacancy-Removal. Any member may be removed by a majority vote of the City Council. If a vacancy occurs other than by expiration of a term vacancies shall be filled by appointment of the City Council and shall be for the unexpired portion of the term of office vacated. (Ord. 1714, (part), 1996) 2.74.040 Meeting-Quorum-Qfficers-Staff. A. The Technology. Information. and Communications Commission shall hold regular meetings at least once every three months and at the discretion of the Commission shall hold other meetings as may be necessary or expedient. A majority ofthe Commission shall constitute a quorum for the purpose of transacting the business of the Commission. B. The Commission shall elect a chairperson and a vice chairperson, both of whom shall serve at the pleasure of the Commission. The terms of office shall be for one year. C. The City Manager shall appoint a staff member to attend Commission meetings and to provide liaison and support as needed. D. 2.74.050 Records. The Technologv. Information. and Communications Commission shall keep an accurate record of its proceedings and transactions, and through the Public Information Officer shall render such reports to the City Council as may be required. Commission proceedings shall be public record and a copy of which shall be filed with the City Clerk. (Ord. 1722, (part), 1996; Ord. 1714, (part), 1996) 2.74.060 Duties, Powers and Responsibilities. The Cupertino Technologv. Information. and Communications Commission shall have the following duties, powers and responsibilities, and such others as the members shall be entrusted with by the City Council and City Manager from time to time. The commission shall: 1. Advise the City Council and City Manager on all matters relating to technology, information, and communications within the city of Cupertino; 2. Evaluate compliance with any franchise or other agreement between the City and technology, information, and communications providers and make recommendations to the City Council; 3. Conduct periodic reviews of technology, information, and communications providers facilities and products and make recommendations on such subjects to the City Council; 4. Recommend amendments to the City's telecommunications policy of the City 2'7 - 2 Ordinance No. 1965 3 Council; 5. Serve as a liaison between the City, the public and the technology, information, and communications providers in enhancing information and education. Such activities include providing an opportunity for input to residents and disseminating noncommercial, educational materials about technology, information, and communications services; 6. At the request of the City Manager, provide assistance in examining methods to obtain equivalent franchise fees or other economic benefits from service providers; 7. Provide support for community access television, especially public and educational access, and give guidance when needed for development and implementation of access channels and programming; 8. Recommend ways to foster the City's best use of technology, information, and communications infrastructure and services for the maximum benefit of the community; (Ord. 1722, (part), 1996; Ord. 1714, (part), 1996) 9. Provide education to the community on the use of technology, information, and communications infrastructure and services. 2.74.070 Budget. The Technologv. Information. and Communications Commission shall submit an annual budget to the City Council for its review and approval. All expenditures require the approval of the City Manager or his designee. Any grants for program production or other purposes require the approval of the City Council. (Ord. 1722, (part), 1996; Ord. 1714, (part), 1996) 2.74.080 Effect. Nothing in this chapter shall be construed as restricting or curtailing any of the powers of the City Councilor City officers or the delegation to the Technologv. Information. and Communications Commission of any authority or discretionary powers empowered by law on such Council or officers. (Ord. 1722, (part), 1996; Ord. 1714, (part), 1996) 2-7-3 Ordinance No. 1965 4 INTRODUCED at a regular meeting of the City Council of the City of Cupertino this 19th day of July 2005, and ENACTED at a regular meeting of the City Council of the City of Cupertino this 16th day of August 2005 by the following vote: Vote Members of the Citv Council AYES: NOES: ABSENT: ABSTAIN: ATTEST: APPROVED: City Clerk Mayor, City of Cupertino 27 -L{ ·.."... I I'~ ,.\¡, ,.",- F CUPEIQ1NO . City Hall 10300 Torre Avenue Cupertino, CA 95014-3255 Telephone: (408) 777-3212 FAX: (408) 777-3366 davek@cupertino.org OFFICE OF THE CITY MANAGER STAFF REPORT Agenda Item Number ~r Agenda Date: August 16,2005 SUBJECT AND ISSUE Accept Annual Report ITom July 1,2004 to June 30, 2005. BACKGROUND The attached annual report recounts City activities over the past fiscal year. It is provided for your information and to create a history of the City's efforts on behalf of our residents. The City of Cupertino is blessed with engaged residents, generous volunteers, dedicated commission and committee members, an energetic and talented staff and a City Council dedicated to improving the quality oflife in our community. In the crush of daily activities, it is helpful from time to time to step back and see just how much has been accomplished. RECOMMENDATION Accept Annual Report from July 1, 2004 to June 30, 2005. Respectfully submitted: ~ David W. Knapp, City Manager ;¿J- - I Printed on Recycled Paper Annual Report City of Cupertino Fiscal Year 2004-05 Golden Jubilee * 1955-2005 ..._ -......r~ Submitted to Council August 16, 2005 )%-J- Annual Report FY 2004-05 August 16, 2005 Introduction ChaIlenl!es of the past year Through much of this last fiscal year, the City has had many challenges and much to celebrate. Fifty years ago, our community made the decision to be self sufficient, to protect and promote our distinct values. There is no greater acknowledgement of the values of our community this year than the opening of our new state-of-the-art library. This past year we have continued to build on the City's tradition of financial integrity and service excellence. In implementing the largest and most aggressive capital improvement program ever, the Public Works staff, working with the other departments and a team of consultants, has successfully completed the $24.3 million Civic Center, Community Hall and Library project, including the relocation of the existing Library, and the $1 million City Center Park project. These projects were completed ahead of schedule and under budget. In fact, the Library Civic Center, Community Hall and Library projects came in $300,000 under budget. Service Versus Resources During the 2004-05 fiscal year, the City's financial foundation was put to the test. A sluggish local economy and continued State of California raids on city revenue streams in combination with the new library, community hall and civic plaza, fundamentally challenged our organization and community. It is a credit to the ingenuity and dedication of the organization that in the face of these challenges we have had outstanding success. A combination of factors contributed to the magnitude of challenges faced by the City. Since the 2000 census, the California Department of Finance has projected the growth of Cupertino's population to 54,000. This growth in service demand came at a time of increased costs and declining revenue. The City's new facilities and inrrastructure (Teen Center, Library, Community Hall, Senior Center, San Tomas Trail) have generated increased maintenance costs. There are three new commissions and corresponding new staff assignments. The work of the Planning Commission has had an extraordinary impact on the entire city due to the magnitude and myriad of difficult issues encompassed by the General Plan. All of these factors, in combination with reduced staffing levels, resulted in a significant and growing gap between needed and available resources. The following chart illustrates the impact of these trends over the past five years. The chart shows the severe reduction in resources represented by the downward arrow with the result that in the year 2000, the ratio of City staff to population was one staff person for each 330 residents. In 2005, that ratio increased to one staff person for every 400 residents. The chart shows that, in the year 2000 there was an optimum level of city staff to provide for all the services required for the community population. In year 2005, with the combination of staff reductions, increased population and increased service demands, the resulting impact is significant. This is represented on the chart as a zero gap in resources to services in year 2000 widening to a major gap in the City's ability to meet the current service needs in year 2005. K:\City Manager\Annual Report\fy05 Annual Report\Annual Report 2004-05 v4.doc Page 2 of 35 J.j--3 Annual Report FY 2004-05 August 16, 2005 TRENDS: SERVICE V. RESOURCES 140 106% I'd!> dll(l\& ....¡Cll SII" 54,000 150 OptiñïaTBã¡¡ëï=ÿ"2õöo------ 50,000 100% 1 staff per 330 residents 130 1 staff per 400 residents 2000 2001 2002 2003 2004 2005 The City met this challenge last year with a combination of expenditure control measures, productivity enhancements, and one-time revenues. Expenditure Control and Productivity Last year, in order to control personnel costs, a city-wide hiring rreeze was implemented. This freeze had an impact on all departments. The Community Development Department was especially hard hit with a 50% vacancy rate forcing reduced service levels. In response, the City reviewed development fees and found that they were not covering actual costs. Fees were adjusted, and the continued demand for development-related services made it possible to restore staffing and service levels in the department. At the low point in staffing, an evaluation of user satisfaction was undertaken. Recent users of the department's services were surveyed and two review sessions with users were conducted. Even with staff resources at their lowest point, the department scored an 85% satisfaction level among users. As staffing has been restored, user satisfaction has increased. In the course of the evaluation, users identified areas where adjustments in our process can better meet their needs. Staff is currently working through that list and implementing those suggestions. Overall, in spite of the freeze, resident satisfaction remains high. This high level of resident satisfaction is true not only of Community Development, but of all city services. Customers of Access Cupertino across all departments have given staff an 86% K:\City Manager\Annual Report\fy05 Annual Report\Annual Report 2004-05 v4.doc Page 3 of35 2J -L{ Annual Report FY 2004-05 August 16,2005 approval rating for courtesy and professionalism. This is an especially telling figure considering the 3 percent salary cut and unpaid furlough days taken by city staff, and the extra pressure on staff due to the number of vacancies. In addition to reducing staff costs, the organization has successfully pursued a comprehensive strategy of expenditure controls. Facilities have proven to be growing cost centers for the City. New and renovated buildings such as the library, sports center and senior center, require maintenance along with the city's older facilities and parks. The opening of the City's newest park, Cali Mill Plaza, demonstrates the City's new practice of having developers pay for park maintenance. Continuous Effort The City's collaboration with other agencies is nowhere better quantified than the almost $14 million in grants successfully obtained by Parks and Recreation and Public Works. The Stevens Creek Trail and the Mary Avenue Pedestrian and Bike Bridge are possible only because of the City's close, and well documented, collaboration with numerous local and regional organizations. The City continues to work with neighboring cities and our school districts to cooperate with services of benefit to our mutual constituents. In addition, for the second year the City has received a $50 thousand grant for its Medical Reserve Corps. The financial difficulties faced by the City will not be addressed by a single solution, but by an ongoing effort to change and improve the foundation upon which city services have been built. Some of these changes may currently be seen with the large number of volunteers and interns used by the City. The accessibility and support of the community for the City is a real and tangible resource from which we all benefit. The City has continued to pursue productivity improvements through technology. Access Cupertino continues to grow and be refined as a communications medium from and to residents. The availability offorms on the city web site has increased significantly. Accolades The difficulties faced last year proved not to be equal to the resourcefulness of our staff. In addition to millions of dollars in grants, the City won two Helen Putnam A wards last fall and will receive a third this fall. The City's outreach to the community has never been stronger. Neighborhood Watch has grown from 62 to 82 groups and the Block Leader Program won honorable mention for public safety programs at this year's California Association of Public Information Officials conference. Once again, Cupertino was designated a "Very Low-Cost City" by the Kosmont Cost of Doing Business Survey, and the City received the Government Finance Officers' Association Award of Excellence for the City's annual financial report and the California Society of Municipal Financial Officers Excellence Award for the City's annual budget. K:\City Manager\Annual Report\fy05 Annual Report\Annual Report 2004-05 v4.doc Page 4 of 35 )...Ò-) Annual Report FY 2004-05 August 16, 2005 Conclusion While the City continues to be confronted with structural financial difficulties, our organization has not lost sight of the priorities and high standards set by City Council and the community. In order to continue to provide the high level of service the community expects, this coming year Council will be presented with a strategic plan at its annual goal setting session. The plan will propose both revenue enhancements and expenditure and program reductions aimed at providing a balance budget that can accommodate planned growth for maintenance of facilities, appropriate staffing levels for continued high levels of customer service, and funding for future capital projects. K:\City Manager\Annual Report\fy05 Annual Report\Annual Report 2004-05 v4.doc Page 5 of35 ) L't - (ß Annual Report FY 2004-05 August 16, 2005 Parks and Recreation Department There are five divisions within the Parks and Recreation Department. They include the Senior Center, Youth and Teen Division, Fitness and Sports Division, Blackberry Farm/McClellan Ranch, and Quinlan Community Center/Special Events. The following are highlights rrom last year. Administration The following were the major projects undertaken by the division: · Applied for and received the following grants for the Stevens Creek Corridor Project: o Land and Water Conservation Fund ............................................... $89,000 o Urban Park Act ............................................................................. $834,000 o Santa Clara Valley Water District ................................................. $161,000 o State per Capita Bond Act ............................................................. $220,000 o 2002 Resources Bond Act ............................................................. $129,165 o Additional funding from Santa Clara Valley Water District for hydrological work ................................................................... $19,967 o Department of Water Resources Urban Streams Grant ................ $401 ,000 o Santa Clara Valley Water District match to Department of Water o Resources grant award ..................................................................$401,000 o Clean, Safe Creeks ........................................................................ $400,000 TOTAL GRANT FUNDS AWARDED: ........................................... $2,655,132 · Applied for grants that are pending for the Stevens Creek Corridor project: o Land and Water Conservation Fund ............................................. $200,000 o Roberti-Z'Berg-Harris Competitive Funds ................................... $250,000 o San Francisco Bay Trail Grant ...................................................... $500,000 TOTAL FUNDS PENDING DECISION: ...........................................$950,000 Other work accomplished includes: · Partnership agreement signed with the Santa Clara Valley Water District to restore the riparian habitat and remove barriers to fish passage within Stevens Creek · Provided community fireworks launch rrom Cupertino High School · Received two Helen Putnam A wards for Excellence, including one grand prize · Produced the winter 2004 through fall 2005 Recreation Schedule brochures in-house · Conducted user-satisfaction surveys of recreation programs Parks and Recreation Commission · Made recommendation to City Council regarding the Santa Clara Valley Water District partnership agreement to restore the riparian habitat and remove barriers to fish passage within Stevens Creek · Evaluated fireworks program at Cupertino High School · Assisted Council subcommittee on developing the field use policy - implementation of the policy has resulted in new revenue for field maintenance · Assisted Community Development in drafting proposed amendments to the General Plan · Reviewed the Cupertino Tennis Club annual report K:\City Manager\Annual Report\fy05 Annual Report\Annual Report 2004-05 v4.doc Page 6 of35 J-r-7 Annual Report FY 2004-05 August 16, 2005 . Facilitated a joint meeting with the BicyclelPedestrian Commission regarding Mary Avenue Bicycle Bridge and Regnart Creek Trail . Developed a recommendation for City Council regarding pedestrian!bicycle connections to neighborhoods surrounding Stevens Creek Corridor Park, and parking fees for use of Stevens Creek Corridor Park Blackberrv Farm Blackberry Farm Picnic Grounds Blackberry Farm Picnic Grounds attracted over 60,000 visitors in another successful season. Over 465 reservations were taken for groups, companies, youth excursions and family gatherings. Staff catered more than 40 events serving over 9,000 meals. Thirty-five family season passes and fifty-eight 10-day passes, more than 80% of which were purchased by Cupertino residents. Total revenue from picnic grounds operations was over $600,000. Blackberry Farm Golf Course The Blackberry Farm Golf Course enjoyed another very successful year. The contractual maintenance of the golf course continues to be outstanding with many customers expressing their satisfaction on the condition of the course. The golf course accommodated over 60,000 rounds of golflast year generating over $740,000. McClellan Ranch Park The Department's naturalist programs at McClellan Ranch were very well attended. More than 3,000 elementary school children participated in the creek education program. Nature camp and after school classes attracted over 500 participants. In addition, 120 high school students participated in field studies at McClellan Ranch. The Community Garden program remained popular with over 68 plots being reserved with a small waiting list for new gardeners. Ouinlan Community Center/ Cultural Division Quinlan Community Center There were 305 Quinlan Community Center rentals in the last fiscal year, generating $91,305. The Community Hall had 64 rentals, generating $4,640. The 83 rentals for Memorial Park facilities generated $5,250. Linda Vista Park was rented 59 times, generating $3,375. Sixty rentals for Portal Park produced $3,340 in revenue. Cultural Division In the last fiscal year, 516 cultural classes were offered for total revenue of $362,520.70. Of the 516 classes offered, 73 were for adults, 21 were for teens, and 422 were for youth. The total number of participants in cultural classes was 4,015. Senior Center This area provides centralized services for people aged 50 and over, including recreational activities, social services, educational programs, as well as information on health insurance, immigration, housing, and other issues of interest. The Senior Center annual 2005 membership is at 1902 members. Forty-nine percent of the members are between the ages of 50 to 69, 50 percent are aged 70 to 89, and one percent is over 90 years of age. K:\City Manager\Annual Report\ty05 Annual Report\Annual Report 2004·05 v4.doc Page 7 of 35 2§~r Annual Report FY 2004-05 August 16, 2005 Activities The Senior Center offered 9, 281 hours of programming for fiscal year 2004-05. That is a decrease of 2400 hours from last fiscal year due to budget reductions eliminating some senior programs. More than 50,000 seniors participants attended classes, socials, special events, and trips - 16,000 less than last year. The Travel Program had 70 days of senior travel this year. There were 512 senior travelers that participated in 30-day trips and five extended tours. Services The Case Management Program links frail elders and their families with the services they need to reduce the risk of illness, death, or institutionalization. This program was reinstated in January 2005. Since that time, the Case Manager has provided services for 46 homebound clients and 61 in-office clients. Volunteers The Senior Center greatly benefited from having 160 Senior Center member volunteers. The different opportunities for volunteers include the front desk, translation and interpretation, hosting, instruction, kitchen crew, performance groups, newsletter, special events, and social services. There were more than 15,000 volunteer hours logged this year. Facility Use The Senior Center had 19 rental contracts that generated $7,000 in revenue. Senior Citizens Commission · Took public comment and made a recommendation to City Council on the Senior Center parking fee supporting the Senior Center Case Manager position · Began a review of services available to Cupertino senior citizens Sports and Fitness Division The Sports and Fitness Division includes the operation of the Cupertino Sports Center. This past year, 8,000 tennis lessons were given to youth and 1,000 to adults. Last year's total lesson revenue exceeded $800,000. The Sports Center enjoyed a successful year offering a variety of fitness classes and team programs. Revenue generated was in excess of $1 ,000,000. The Summer Learn to Swim Program provided instruction to 2,000 participants last summer with revenue of $83,000. There were 1,400 participants on 80 teams that played adult softball generating $40,000. K:\City Manager\Annual Report\fy05 Annual Report\Annual Report 2004-05 v4.doc Page 8 of35 2J~1 Annual Report FY 2004-05 August 16,2005 YouthlTeen Division Summer Camps Currently, the Youth/Teen division offers 10 camps for youths, 4-12 years. These camps are mostly half-day programs, but the Daycamp program is offered daily from 8:30 am-5:30 pm which meets the daycare need for many working parents. To date (thru July 12,2005) there are 704 participants enrolled in the camp programs, which have generated $149,255 in revenue. Registration will continue to be accepted until spaces are filled. Playgrounds There are currently 202 youths registered for the drop-in playground program which is offered at five playground sites: Creekside Park, Jollyman Park, Portal Park, Memorial Park, and Monta Vista Recreation Center. This is the second year in which a registration fee is being charged for residents and non-residents to participate in this program. Thus far, $12,708 has been generated in revenue. Additional free programs that are offered to our camp and playground participants include the annual Country Fair, Almost Anything Goes, Talent Show, and the annual Playground Challenge. After School Enrichment Program The Afterschool Enrichment program offered classes in the areas of: art, music, foreign language, science, karate, dance, chess, math, theater, public speaking and debate. The total number of participants for the year was 1442 (678 participants in fall 2004 and 764 participants in spring 2005). The total annual revenue generated for the program was $213,604. Teen Programs The Teen Center has continued to expand and to date (thru 7/12/05) there are 462 teens registered at the center. Activities at the center include: air hockey, Play Station games, foos ball, movies, pool, computer games/use, and special events. Nine middle school dances were offered this past year serving 2591 participants and generating $ 19,711. The Teen Commission sponsored a new event titled Rock the House and featured local high school and college aged bands. The event was held at Monta Vista High School. This was a successful event and will be continued in the future. There were 187 attending high school students and the event admission fee covered the direct costs of the event. The teen Volunteer program was restructured this year and is now referred to as the Leader in Training program. The program requires an interview and once accepted into the program, a registration fee is collected to cover training expenses. There are currently 24 teens enrolled in the program. Additional training and certifications in CPR and First Aide were issued in an effort to better prepare the teens for future employment opportunities with the Parks and Recreation Department. The Mobile Skate Park continues to operate at Creekside Park and Valley Church. Preschool Programs The Parent-Tot preschool program is offered each weekday at Portal Park for children ages 18 months-4 years. This program is designed to prepare parents and toddlers for an independent K:\City Manager\Annual Report\ty05 Annual Report\Annual Report 2004-05 v4.doc Page 9 of 35 .¿ò--fD Annual Report FY 2004-05 August 16, 2005 preschool program. There were 237 participants who enrolled in this popular program that generated $37,929 in revenue. The Preschool program is offered to 3-5 year old students at two locations: Quinlan Community Center and Monta Vista Recreation Center during the months of September-June. Kindergarten readiness activities are included in the curriculum: arts and crafts, music, motor movement, science and nature, group games, sharing, cooking and more. The Preschool program served over 150 students who register for all three sessions during the school year and generated $245,699 in revenue. K:\City Manager\Annual Report\fy05 Annual Report\Annual Report 2004-05 v4.doc Page 10 of 35 f 2%-[ Annual Report FY 2004-05 August 16, 2005 Public Works Department The Public Works Department provides services in three program areas: · Enl!ineerinl!: general municipal engineering of inrrastructure, traffic engineering and signal systems operations and maintenance for 55 fully actuated traffic signals, architecture, and development review; · Capital Imnrovements: design and construction of approximately $40 million of capital projects including the Cupertino Civic Center and Library project, the Mary Avenue Pedestrian Footbridge, Park renovations and other like facilities; also included this year is the completion of the Sports Center Renovation, and the opening of the new Cali Mill Plaza. Street paving and traffic signal modifications projects, along with the expected completion of the City's second Safe Routes to School project at Cupertino High, are other highlights of the CIP program in 2004-2005. · Environmental Manal!ement: the management of environmental programs including the $7.6 million annual solid waste contract, storm water runoff permits and recycling of waste materials. Currently there are four managers and 10 staff professionals responsible for this entire program and its workload. Currently this group is operating with 2 unfilled vacancies, reducing the total staff from 14 professionals to 12 professionals. In addition, the Department operates the Municipal Service Center and provides maintenance services through four Divisions associated with: · Facilities: the maintenance of all City owned facilities including such major buildings as City Hall, the Library, Quinlan Center, and the Senior Center, along with the Creekside, Monta Vista and Wilson Park Recreation Centers and other minor facilities; · Grounds: all parks and grounds, including Memorial Park and ten neighborhood parks, as well as 52 acres of school playgrounds and related facilities; · Streets: maintenance of all streets and facilities and equipment in the public right of way, including almost 450 lane miles of public streets, all sidewalks, curbs, gutters, signs and markings, along with the storm drain system, over 13,000 street trees and approximately 32 acres of median and overpass landscaping; · General Services: maintenance and installation of over 3,250 street lights, 155 pieces of motorized or wheeled equipment, 200 power tools, the maintenance of the entire service center yard including storage of materials and hazardous waste and material disposal. There are five managers and 50 field personnel responsible for this major workload and its demands. This group is currently operating with five unfilled vacancies. The total of seven vacancies currently unfilled represents a workforce reduction of 10% in the Public Works Department. Concurrently, the department is faced with an increase in infrastructure responsibility through annexations in Garden Gate, Monta Vista and Rancho Rinconada. K:\City Manager\Annual Report\fy05 Annual Report\Annual Report 2004-05 v4.doc Page II of35 2-0 - (1- Annual Report FY 2004-05 August 16, 2005 Caoital Imorovement Prol!ram In implementing the largest and most aggressive capital improvement program ever, the Public Works staff, working with the other departments and a team of consultants, has successfully completed the $24.3 million Civic Center and Library project, including the relocation of the existing Library, the $2.4 million Sports Center Renovation Project, and the $1 million City Center Park project. All three projects were successfully bid and construction has been completed within the authorized budgets on schedule on both the Cali Mill Plaza and Sports Center Renovation projects. The Civic Center and Library Project was completed on time and opened on October 30, 2004. The project was completed $300,000 under budget construction on schedule and budget. The Community Hall, which serves as a multi-purpose facility and, when not being used as a Council Chamber, is rented out to community groups with an estimated annual revenue of up to $30,000, has received a great deal of recognition for that unique characteristic. The library, one of the largest and most utilized branch libraries in the state is also receiving considerable recognition for both its architecture and user-rriendly facilities. The Council has approved a weekly residential recycling program which has now been fully implemented throughout the city. This mixed stream recycling program has been implemented at a cost of $3.6 Million over a five year period using the solid waste reserve fund with no increase in cost to the residents. The Mary Avenue Pedestrian Footbridge project, has received additional budget approvals at the 45% design completion with a current budget of $9,250,000 and the City has now secured all but approximately $200,000 of that amount. Staff continues working with VT A and Caltrans to ensure that full grant funding will soon be committed for the project. The first construction project for the clearing, grading and security fences is expected to be under way in the fall of 2005 with completion of the bridge now scheduled for spring of 2007. K:\City Manager\Annual Report\fy05 Annual Report\Annual Report 2004-05 v4.doc Page 12 of 35 2-0 ~ / 3 Annual Report FY 2004-05 August 16, 2005 Community Development Department The Community Development Department is responsible for the long range and current planning functions of the City. The long-range planning function prepares the City's General Plan, which is the City's "blueprint for growth." The General Plan has been under review for the past four years and is currently before the City Council for final review and adoption. The long range planning function also prepares specific plans such as the Heart of the City Plan; guideline documents such as the Monta Vista Design Guidelines and the Crossroads Streetscape Plan; and zoning ordinance updates such as the Rl (Single Family) Ordinance. The collection of long- range planning documents establishes the policy structure directing growth and change in the city. The current planning function implements the long range policy structure through design and land use reviews of proposed development applications. The department also performs Redevelopment Agency and Economic Development functions and prepares the City's Community Development Block Grant Program. The Community Development Department encompasses the Building Division which provides plan check and inspection services for all building activity and issues building permits upon determining compliance with building codes and land use approvals and ordinances. The Community Development Department provides daily front counter, telephone, and Internet coverage for direct business questions and general information services relating to planning and building inquires. The department directly supports numerous committees and commissions including the City Council, Planning Commission, Design Review Committee, Housing Commission, Environmental Review Committee, and the Economic Development Committee. Additionally, the Community Development Department supports other departments by providing development and environmental reviews for city initiated projects such as the library and community hall, Cali Mill Plaza, and the Stevens Creek Corridor project. Planninl! Commission The Planning Commission consists of five residents appointed to alternating four-year terms by the City Council to hear and make recommendations on all advanced planning policy documents and current planning applications described in the following sections. The five members currently include Chairperson Gilbert Wong, Vice-Chairperson Marty Miller, and Commissioners Angela Chen, Lisa Giefer and Taghi Saadati. Current Planninl!lDevelopment Review The number of current planning applications increased rrom 165 last year, to 174 applications this year. This includes residential design review of 62 single-family residences, which is double the 31 single-family residences reviewed last year. The current planning function coordinates review of major projects such as Val1co Fashion Park and the Hewlett Packard /Toll Bros. application and communicates and implements all city development-related policies in new developments that help to build a strong sense of community, such as encouraging walk-ability and providing exterior visible activity such as outdoor dining areas. The current planning function also assists with zoning code enforcement for illegal uses or failure to comply with conditions of approval. K:\City Manager\Annual Report\fY05 Annual Report\Annual Report 2004-05 v4.doc Page 13 of 35 2%-11.{ Annual Report FY 2004-05 August 16, 2005 The Planning Division worked on the following projects: · Hewlett Packard/Toll Bros. site on Stevens Creek Boulevard and Finch Avenue · Menlo Equities 107 residential units and 6,500 commercial square feet (under construction) · Vallco Fashion Park approval for 204 residential units and 150,000 square feet of retail on and near the "Rose bowl" site · V allco Fashion Park 16 screen AMC theaters (construction of foundation and support columns is underway) · Construction of Peet' s Coffee and Pan era Bread building replacing the Good Earth Restaurant building · Town Center/Civic Park residential and commercial mixed-use to construct three office buildings totaling 141,850 square feet, two residential buildings totaling 142 units and 19,100 square feet of retail/restaurant space on a 12.3 acre site. The development is under construction · Taylor Woodrow proposal to construct 94 homes no the former Measurex site on Results Way at Bubb Road · Capital Improvement Program Environmental Review Lon!! Ran!!e Plannin!! The major focus of the Advanced Planning program has been the General Plan Update. The Planning Division also worked on the long range planning projects listed below. · General Plan Update: · Presented Task Force Recommendations to City Council/Planning Commission · Completed approximately six months of Planning Commission hearings · The City Council is now reviewing the proposed draft of the General Plan · Completed the Rl Single Family Zoning Ordinance update · Updated the Draft Crossroads Streetscape Plan Community Development Block Grant (CDBG) Pro!!ram The City of Cupertino is entering its third year as an entitlement city· under the Community Development Block Grant Program. The City receives its entitlement grant directly from the Department of Housing and Urban Development, although the City continues to coordinate with the Urban County and the other entitlement communities in the County of Santa Clara. For the 2004/05 fiscal year, the City's entitlement was $459,000. In May 2004, the City Council awarded funds to CDBG sub-recipients. The funds were used to support public service activities such as senior adult day care, legal assistance for seniors, housing placement for the low and very-low income, and a rotating homeless shelter. A significant amount of the CDBG funds were used to assist Mid-Peninsula Housing Coalition with the rehabilitation of the Le Beaulieu Apartments on Bianchi Way. The 27-unit apartment complex for the physically handicapped was built in 1984 and is in need of repairs to the wheelchair ramp and lift. K:\City Manager\Annual Report\fy05 Annual Report\Annual Report 2004-05 v4.doc Page 14 of35 Ù-iJ Annual Report FY 2004-05 August 16, 2005 Housinl! Prol!rams Other significant successes in the City's efforts to support affordable housing include one of the first approved General Plan Housing elements in the state and the completion of Vista Village, Cupertino's collaboration with the Cities of Sunnyvale, Santa Clara and Los Altos, the County of Santa Clara and Cupertino Community Services. This effort was well documented in an article in the May 2003, edition of Western City Magazine, "Affordable Housing Isn't an Oxymoron in Cupertino Anymore." The development continues to receive praise and is often toured by community groups interested in good examples of affordable housing development. The Planning Division focused on the following housing-related programs: · Implemented the 2004/2005 Community Development Block Grant (CDBG) Program · Adopted the CDBG Citizen Participation Plan · Adopted the Consolidated Plan · Awarded CDBG sub-recipient grants for the 2005/06 program year · Nexus study update proposed fee increases for the housing mitigation program Redevelopment Prol!ram Planning Division staff continually coordinates with the property owners to facilitate the redevelopment of V allcoFashion Park. The property owners are considering five separate center expansions or renovations including I) the AMC 16 screen theaters; 2) Rose Bowl mixed-use building with 204 residential units and 105,000 square feet of retail; 3) retail shops and a parking garage adjacent to Penny's; 4) 157 residential condominiums and a parking garage in the north parking lots adjacent to Macy' s; and 5) a possible hotel to be located in the parking lot north of Penny's. Additionally, Val1co Fashion Park has attracted major new tenants including Dynasty Restaurant, Alexander's Steak House Restaurant and "Strike" which is a high end bowling center. Buildinl! Division The level of activity in the Building Division increased from the prior year. · Building staff processed and plan checked 2155 building permit applications compared to 1,990 in 2003/04 (an 8 % increase). · The Building Division conducted 19,300 building inspections in 2004/05 compared to 16,400 in 2003/04 (a 18% increase). · Building valuation equaled $148 million in FY 04/05 up from $119 million in FY 03/04 (a 24% increase). K:\City Manager\Annual Report\fy05 Annual Report\Annual Report 2004~05 v4.doc Page 15 of35 ')...0-('" Annual Report FY 2004-05 August 16, 2005 Sheriff's Department The principal mission of the Sheriff s Office West Valley Division is to protect life and property. The Sheriff s Office is dedicated to the preservation of public safety by providing innovative and progressive services in partnership with the community. Criminal Activity Person Crimes Person Crimes lFy 03/04 FY 04/05 :::hange Percent Difference Homicide 0 0 % Rape ~ ~ 4 7% Assault 5 51 14 2% Robbery 19 15 4 1% TOTALS 0 ~8 22 4% In FY 04/05, the City of Cupertino experienced a 24% decrease in crimes against persons. There was a 67% decrease in major sexual assaults (Rape), of the 2 reported sexual assault cases, one report involved a juvenile female who had a sexual relationship with an adult male she met on the Internet, and the second involved a business owner and his employee's wife. Both of these cases are being reviewed by the District Attorney's Office to determine if charges should be filed against these subjects. There was a 21 % decrease in robberies. Six of the 15 reported robberies involved the use of a handgun. On June 8, 2005, 2 armed suspects robbed the Bank of America. The perpetrators have not been caught, but have been associated with a series of bank robberies in the Bay Area. There were also 2 armed home invasions. There have been no arrests regarding the home invasions. Three sandwich shops were victims of armed robberies. A suspect was arrested in connection to these sandwich shop robberies and other sandwich and ice cream shop robberies in the county. Two purse snatches and 7 petty thefts, which involved struggles with private security guards at various shopping centers, were reported as robberies. The husband who was arrested for the homicide of his wife on June 25, 2003 is still in-custody, working his way through the court process. Property Crimes "Y 03/04 lFy 04/05 :::hange Percent Difference Burglary 520 ~69 51 10% Theft 512 ~40 72 14% Auto Theft 3 ~2 Q ~7% TOTALS 1065 !l51 114 11% In FY 04/05 property crimes (burglary, theft, and auto theft) showed a decrease of 11 %. There was a 10% decrease in commercial, institutional, vehicle, and residential burglaries. Auto and commercial burglaries accounted for the slight 5% increase in the overall burglary percentage last fiscal year. This fiscal year, auto and commercial burglaries account for the decrease of the K:\City Manager\Annual Report\fy05 Annual Report\Annual Report 2004-05 v4.doc Page 16 of35 Â-Ò~17 Annual Report FY 2004-05 August 16,2005 overall burglary percentage. In FY 04/05 residential burglaries jumped by 37%. There were 153 residential burglaries reported for FY 04/05, compared to 123 reported residential burglaries for FY 03/04. Traffic Activity Traffic Traffic Collisions ~Y 03/04 FY 04/05 :hange Percent Difference Fatal 0 0% Injury 137 103 34 25% Property Damage ~91 431 60 12% TOTALS 628 534 -94 15% Pedestrian Involved Accident I 3 200% Bicycle Involved Accident 3 :3 0% TOTALS 4 6 50% Traffic Citations Issued FY 03/04 FY 04/05 :hange Percent Difference Moving Citations 6453 8106 1,653 26% Non-moving Citations 4588 4190 398 9% Courtesy Citations 2921 3i 18 197 7% TOTALS 13962 15414 1,452 10% In FY 04/05, there were 534 traffic collisions. This was a decrease of 94 collisions from the previous FY 03/04. Moving citations increased by 26%, warnings increased by 7%, and non-moving citations decreased by 9% (includes parking citations). Response Times Response Times ~Y 03/04 iPy 04/05 Response Times Avg Time of Calls IAvg Time # of Calls Priority I 5.48 87 .18 103 Priority 2 8.71 367 8.46 5650 Priority 3 18.82 5760 18.86 5724 Overall 3.01 12214 2.50 11,477 The Sheriffs Office responded to 11,477 calls for service during FY 04/05. This was a decrease of 737 calls for service. The above chart shows response times for the FY 04/05 compared to FY 03/04. We continue to strive to meet our goal of five minutes for Priority 1, nine minutes for Priority 2, and twenty minutes for Priority 3 calls. K:\City Manager\Annual Report\fy05 Annual Report\Annual Report 2004-05 v4.doc Page 17 of35 ¡r -[ f Annual Report FY 2004-05 August 16, 2005 Other Activities The Sheriff's Office applied for and received 2 grants from the California Office of Traffic Safety (OTS). One grant funded the overtime cost to operate Driving Under the Influence Checkpoints (Dur Checkpoint) on December 18, 2004 and May 28, 2005. The DUI Checkpoints were located on eastbound Stevens Creek Blvd. near Finch Avenue on December 18, 2004 and northbound De Anza Blvd. near Lazaneo Drive on May 28, 2005. The other grant funded the overtime costs to operate special Traffic Enforcement Units to enforce "Clink-It or Ticket" (seat belt laws) in the City of Cupertino. The additional units conducted enforcement during August 12 to 18,2004, September 2 to 8,2004, and May 16 to June 5, 2005. On June 22, 2005, the Sheriffs Office hosted a community crime prevention forum on burglary prevention at the Community Hall. Approximately 40 community members participated in the forum. Department Pro!!rams During the last twelve months, the Neighborhood Watch Program in Cupertino participation increased to 80 active Watch Groups. The Neighborhood Watch Groups comprise 200 residential streets. Email Community Alert Program (eCAP) participation increased rrom 1,125 to 1,200 subscribers. The two School Resource Officers (SRO) continued their involvement in youth programs aimed at education, prevention, and intervention. These deputies have also worked closely with school officials in offering assistance and guidance. They participated in the Youth Court Program, Teen Academy, and the School Attendance Review Board (SARB). The School Resource Officers provide presentations on the following: bullying, fighting, drugs, alcohol, stealing, cheating, stranger danger, and youth violence prevention. Over 8,000 Cupertino students participated in these presentations by the deputies. The School Resource Officers also help facilitate the "Every 15 Minute Program" at Monta Vista High School. In 1997, one person was killed in an alcohol related traffic collision every 15 minutes. Today, that number is one in every 23 minutes. Teen drivers are responsible for a highly disproportionate number of auto collisions, injuries, and deaths. The Every 15 Minute Program is a two-day program focusing on junior and senior high school students, which challenges them to think about drinking, driving, personal safety, and the impact their decisions have on family, friends, and the community. During the fiscal year the SRO's assisted with the investigation of two major cases at the schools. The first case involved a man exposing himself to children. The SRO's were able to track the suspect down through various statements from witnesses. The subject was a Sexual Registrant living in Sunnyvale. He was arrested for felony Indecent Exposure with prior arrests. The second case involved a high school staff member having consensual sex with students. He plead guilty and was sentenced to 3 years State prison. K:\City Manager\Annual Report\fy05 Annual Report\Annual Report 2004-05 v4.doc Page 180f35 :LO-r~ Annual Report FY 2004-05 August 16, 2005 Public Information Office The Public Information Office is responsible for planning and implementing a comprehensive internal and external communications program for the City. Priority projects have focused on greater capacity and coordination of communications so that the City will be better able to communicate with, and serve, the public. Enhanced coordination, higher standards, and more effective and targeted means of communication with city residents will continue to be a high priority . Public Information and Communication There were a number of improvements made to Improve communication In general. These include: · Updated the Speaker's Information Card for City Council and Planning Commission meetings and provided e-mail announcements about agendas, minutes, or specific topics to interested parties. · Updated the e-mail feedback system for the public to send correspondence, complaints, and suggestions (Access Cupertino) to make it easier for the user and to provide more tools for staff to track and respond to requests. · Provided the public access to six years of Council and Planning Commission agendas, minutes, and staff reports, as well as other historical docliments agreements, budgets, annual reports through the ongoing imaging program. The city web site now has all City Council minutes back to 1955, and resolutions back to 1973, representing an increase of more than 2,700 documents since last year's report. · Have begun implementation of new software (Granicus) to provide a "one-stop" location on the web site for agendas, reports, minutes, and video ofthe City Council meetings. · Installed a WiFi network that provides service to the library, community hall, civic plaza and city hall. · Completely rebuilt the city channel control room · Designed and coordinated most of the new technology in the community hall. Websites The City web specialist coordinates with the all departments to make sure that the City's web site is up-date and current. Weare constantly looking to add more service-oriented functionality to the site. The Webmaster also is in process of designing/implementing the City's Intranet. The staff is also responsible for managing teen commission, blackberry farm and the Cupertino- library websites. The website staff overseas the overall hosting, deployment and content updates for the web platform. The web specialist also collaborates with the City Channel to support and expand webcasting. This is the fastest growing means for residents to get information about the city council. One hundred hits have been registered in a single day. Use of webcasting continues to expand as an important research and documentation resource for the public, media, and city staff. At the end of the fiscal year, the city entered into an agreement with Granicus to create an online one-stop- shop for council video, packets and minutes. K:\City Manager\Annual Report\fy05 Annual Report\Annual Report 2004-05 v4.doc Page 19 of35 2.0 ~ LÖ Annual Report FY 2004-05 August 16, 2005 Online surveys and electronic notification programs were put into operation by the web specialist. These programs had nominal costs to acquire and have little or no costs to maintain. Currently, e-mail notification has 1,500 subscribers. The web specialist has also been central to the successful creation of a completely virtual community garage sale process. The City Channel In spite of losing a full-time staff member, the City Channel has maintained a high level of service to residents, as well as maintaining a high level of support to other departments within the city. Working closely with the Public Works Department, video department staff have managed the design and installation of the control room and community hall audiovisual systems and continues to provide coverage of city meetings and community events including the State of the City Address, CREST Awards, press conferences, the Cali Mill Plaza grand opening, and the opening of the library. Support of special meetings of the Planning Commission regarding the General Plan has had a direct impact on staff. Concurrent with other projects, emergency communication improvements were made with the installation of satellite communications for the Emergency Operations Center. Community Meetinl! Hall Public information staff has played a significant role in the design of the audio/visual systems in the new community meeting hall. At the same time as a 33% staff reduction at the City Channel, staff has spent hundreds of hours working on re-engineering and redesign of the Community Meeting Hall and city channel control room. The in-house expertise and design work done by City Channel staff last year has save the project tens of thousands of dollars. These services are now being sought by neighboring cities for assistance with their government channels. Access Cupertino City Council, community congresses, surveys, and staff have been unanimous in identifYing communications between city departments and the public as a priority. To address this need, a customer management system implemented. Branded locally as Access Cupertino, the PIO has conducted and coordinated staff trainings and is managing the system. AccessCupertino has gone through many improvements and provides detailed information on city response times, service levels, and community approval ratings. Cupertino Scene Surveys continue to confirm that this publication remains the single most important source of city information for the community. A new printing agreement has enabled us to print 8 of the Scene's 16 pages in four-color process for the same cost to the City as had been spent for two- colors in 1998. Format changes have also reduced mailing charges. To reduce costs, the Scene is not mailed out August and January. Public Access The City provides public access services to Cupertino through KMVT. A savmgs of $57 thousand continues to be realized annually. K:\City Manager\Annual Report\fy05 Annual Report\Annual Report 2004-05 v4.doc Page 20 of35 I ')....J~L Annual Report FY 2004-05 August 16, 2005 Telecommunications Commission The Telecommunications Commission has been working closely with the Planning Commission and Planning Department staff regarding the Wireless Services Master Plan. The Telecommunications Commission has taken a leadership role dealing with community concerns regarding WiFi technology. All indications are that pressure will increase to place more antennas closer to residential neighborhoods. With it's approved Wireless Services Master Plan, the City ahead of the legal and regulatory curve. The commissioners are Chairperson L.T. Guttadauro, Vice Chair Steven Ting, Charlon Macintosh, Andy Radle, and Eric Klein. K:\City Manager\Annual Report\fY05 Annual Report\Annual Report 2004-05 v4.doc Page2! of35 2t - 21... Annual Report FY 2004-05 August 16, 2005 Library The Cupertino Library is a member of the Santa Clara County (SCC) Library system, rated #1 in its population served category by Hennen's American Public Library Ratings (HAPLR) for the 4th consecutive year. The city had been supplementing the library's budget for 4 hours of additional service on Sundays. The funds and the hours were discontinued as of fiscal year 2004-2005. From July 1,2004 through June 30, 2005, Cupertino Library checked out 2,184,163 items to the community, an average of 1,023 items per hour. There were 516,799 visits to the library in this same fiscal year. Since reopening in the new library, Cupertino Library once again has the highest circulation of the member Santa Clara County Libraries. During fiscal year 2004/05, library users were encouraged to utilize the four automated self- checkout machines in the temporary library and now the 8 self-checkout machines in the new library. Of the in-house checkout, 93% is accomplished via the 8 self-checkout machines. This is the highest percentage of self-checkout machine usage among the member Santa Clara County Libraries. The library with the next highest percentage of self-checkout usage is Saratoga Library with 65% of its in-house checkout. Librarv Commission The Library Commission continued to participate in an exchange program of books with our friendship city Hsinchu, Taiwan, this year. In addition, the Commission formed sub-committees that made recommendations on the relocation to a temporary site, adequacy of parking, and items of importance for the new library building. K:\City Manager\Annual Report\fy05 Annual Report\Annual Report 2004-05 v4.doc Page 22 of35 1-0 - 2..3 Annual Report FY 2004-05 August 16,2005 Administrative Services Department The Administrative Services Department is comprised of eight divisions including Finance, Information Technology, Human Resources, City Clerk, Code Enforcement (temporarily transferred in January 2005), Emergency Preparedness, Economic Development, and Treasury. Finance The Finance Division provides accurate and timely maintenance of all City financial records, collection, disbursement of all monies and payroll processing and also supports the Audit Committee. It prepares all required Federal, State and other agency reports, prepares the budget and audit reports, and monitors the budget activities for both operational and capital budgets. Business licenses are also processed out of this section. The division operated at 80% staffing for six months of this year. Specific accomplishments this year include: · Prepared a balanced budget for fiscal years 2005/06 through 2009/1 O. · Implemented budget cuts for the 2004/05 fiscal year, while substantially maintaining current service levels. · Tracked Library/Civic Center project expenditures; prepared and submitted periodic requisitions to the escrow agent for drawdown of 2002 debt refinancing COP proceeds held by LAIF. · Prepared Comprehensive Annual Report for the fiscal year 2003-04 in compliance with GASB 34. Provided Management's Discussion and Analysis (MD&A) based on new Government Wide Financial Statements. · Obtained GFOA's Award of Excellence for the City's annual financial report and the CSMFO Excellence Award for the City's annual budget. · Created a database of 600 independent contractors not previously obtaining business licenses with the City to achieve greater compliance. Prior year efforts in this area resulted in business license revenues growing from $522,000 in fiscal year '03 to $557,000 in fiscal year '04. · Provided bi-monthly financial update reports to the City Council. · Outlined a process for preparing, serving and submitting small claim court collections. · Secured log-on and obtained training on use of HUD's Integrated Disbursement Information System (IDIS) for the drawdown of federal funds (CDBG grants). · Assisted departments through a difficult budget year by providing both revenue and expenditure projections via account and trend analyses. · Processed over 10,000 accounts payable checks, 850 purchase order requests, and 6,200 paychecks; prepared 3,700 business license renewals and processed over 1,130 new business license applications; approximately 550 invoices for false alarms and miscellaneous billings. · Negotiated the 2004/05 Youth Probation Officer contract. · Proposed envelope/letterhead policy resulting in a $4,000 savings to the City per year. · Developed an RFP for Banking Services, to ensure that the City continues to obtain competitive pricing for such services. Proper evaluation of the nine responses received required a complete examination of current City practices and capabilities, particularly in K:\City Manager\Annual Report\fy05 Annual Report\Annual Report 2004-05 v4,doc- Page 23 of 35 2t-LY Annual Report FY 2004-05 August 16, 2005 the areas of deposits, on-line account access, and merchant card processing. Selected Wells Fargo Bank and converted to their system on December 1,2004. This change in bank service provider is estimated to save the City at least $40,000 per year in fees. Information Technolo\!V This division provides and manages citywide information technology. The IT Manager and her staff implement the City's Technology Master Plan, assist in training staff and troubleshoot information systems including the web site, Finance and Building systems, the Records Management system, Recreation Reservation systems, GIS data, Code Enforcement databases and the specific departmental MS Access databases. Extending our network outside of City Hall allows staff to view email and even work rrom home. This year's focus was about standardizing on hardware and software throughout the city, improving customer service, and strengthening security parameters for better network protection. This division operated at 66% staffing for six months of the year. Specific accomplishments this year included: · Upgraded/added rrom 23 to 26 servers to our network including additional power protection for all major equipment. Upgraded all remaining staff to new Dell PC standard (as opposed to one third city staff) including developing imaging packages for faster build and delivery; customizing each install and delivery to specific user needs; troubleshoot and maintain all software applications to Windows 2000 standard Setup and maintained Teen Center networks that includes support for two separate networking environments. Setup monitoring tools for teen Internet usage. Maintained and upgraded web servers with latest security vulnerability patches. Also maintained security first level verification with new Veri sign certificates and seals. Installed and maintained network environment to at Community Hall October 2004. Installed and maintained new networking switch equipment. Updated Disaster Recovery Plan with new backup rotation and tape retention. Upgraded SP AM e-mail filtering, the network security systems, the checkpoint firewall system, and antivirus programs for server and desktop deployment. Upgraded network analysis tools including Fluke's OPV, Track It, and WebEx. Maintained contractual agreements with over two dozen hardware/software vendors. Participated in the Countywide GIS Partnership Project. Installed and maintained 15 new printers city-wide. · · · · · · · · · · · GIS Master Plan Document (Geol!raphical Information Svstem): The City of Cupertino's 1. T. Division has made great strides towards the development and application of a Geographic Information System (GIS). The objective of this Master plan is to provide a framework for describing the scope, approach and intended activities to move GIS deployment to the next stage where more projects are implemented. K:\City Manager\Annual Report\fy05 Annual Report\Annual Report 2004-05 v4.doc Page 24 of 35 JJ--2-) Annual Report FY 2004-05 August 16, 2005 This GIS Master Plan is intended to present an overview of GIS in Cupertino, including its definition history with organizational factors, and departments involved in the GIS implementation. Specific projects included: · Master Address Database · Bridges and Freeway Access Traveled Ways · New Land Use Map Project (General Plan Update) · Digital Orthophoto Project · Cupertino GIS Website (http://www.cupertino.org/gis) · Autodesk MapGuide Internet Application This "living" document is expected to evolve and expand as projects are implemented and solutions and issues arise. Human Resources Human Resources is responsible for the administration of a full range of personnel and risk management services. Functional responsibilities include employee relations, labor negotiations, recruitment and selection, classification, compensation, training, organizational development, employee benefits, retirement, workers compensation, insurance administration, and staffs the Safety Committee. Although recruitments were cut back a result of a citywide hiring freeze this year, the division focused a great deal of attention on employee performance and acceptable job standards. This division operated at 67% staffing for two months of the year. Special accomplishments are described below: · Developed and implemented an employee performance evaluation program that schedules evaluations, provides supervisory training, tracks timely completion, and reports results to the City Manager. Since implementation, the new program has resulted in 100% timely completion of employee performance evaluations citywide. · Negotiated fiscal year 2005106 employment contracts with the City Employees Association. Amended labor agreement, Personnel Code, Administrative Procedures and the Unrepresented Employees Compensation Program. · Re-opened and negotiated an amendment to the current three-year employment contract with public works employees represented by Operating Engineers, Local Union No.3. Conducted compensation surveys, costed proposals, prepared and presented staff reports. · Conducted quarterly labor management meetings with OE3 and CEA. · Served as Municipal Employee Relations Officer resolving grievances, conducting investigations, and administering progressive discipline. · Developed an employee suggestion program to illicit employee ideas for enhanced customer service, reduced/eliminated expenditures and revenue generation. · Developed a voluntary work furlough program for additional budget savings. · Participated in the Bay Area Medical Review (BAMR) group to actively explore options for health insurance coverage. Provided census data, discussed with bargaining units, received and analyzed quotes. · Administered health benefits open enrollment. K:\City Manager\Annual Report\fy05 Annual Report\Annual Report 2004-05 v4.doc Page 25 of35 2.t-2-~ Annual Report FY 2004-05 August 16, 2005 · Noticed employees of changes to deferred compensation programs. Scheduled quarterly informational meetings with deferred compensation program representatives. · Conducted six recruitments for full-time administrative & maintenance positions. Filled 34 part-time positions. Administered qualification appraisal boards, written exams, and established eligible lists. Scheduled and monitored results of fingerprinted criminal history records checks, pre-employment medical evaluations, and TB testing. Prepared offer letters and conducted new employee orientation. · Conducted 20 citywide BEST training classes including cultural unity, customer service, preventing sexual harassment and workplace violence, leadership communications, performance evaluations, limiting liability, stress management, workplace ergonomics, retirement, deferred compensation, first aid and CPR. · Participated in the West Valley Cities consortium providing quality training at substantially reduced rates through regionalized cost sharing. · Prepared quarterly reporting of new hires and monitored and reported temporary employee hours. · Established three new job classifications. Conducted job analysis, established minimum qualifications, prepared class specifications, and made salary recommendations. · Processed 26 workers' compensation claims. · Processed five employee retirements and four separations. · Renegotiated and updated general liability , property, errors and omissions and earthquake insurance policies. Added coverage for pollution liability. · Processed 22 general liability claims. Completed interrogatories, located and provided subpoenaed documents, coordinated investigations, and ensured timely responses to requests for claims information. · Conducted quarterly safety committee meetings, served as Staff liaison, automated and streamlined CALOSHA reporting. · Established business with Kaiser Occupational Center to reduce costs and obtain better customer service for Workers' Compensation injuries, pre-employment physicals and drug screen. · Lowered lifel AD&E and L TD rates with new vendors: Hartford Life for life insurance benefits and Aetna for long-term disability benefits. City Clerk The City Clerk prepares the Council agenda and minutes, keeps an accurate record of all City Council proceedings, maintains official copies of all city ordinances, administers oaths to City officials, and is the custodian of the City seal. The Clerk's office also administers the local elections and is the filing officer for Fair Political Practices Commission reports. Weekly duties include preparation, distribution and posting of a variety of agendas and minutes, scanning City Council and Planning Commission packets to make them available on the Internet, writing and submitting legal advertisements, and processing Council actions, including resolutions, ordinances, correspondence, maps, etc. The Clerk's Office staff also responds to requests for records, answers telephones for the Office and for City Hall reception, processes and distributes in-house and postal mail, and provides much of the City's photocopying services. The City Clerk staffs the Fine Arts Commission. K:\City Manager\Annual Report\fY05 Annual Report\Annual Report 2004·05 v4.doc Page 26 of 35 1-0-27 Annual Report FY 2004-05 August 16,2005 Elections/Initiatives The City Clerk's office dealt with three initiative petitions that qualified for the November 2005 ballot this year, including a series of meetings, telephone contacts from the news media and members of the public, providing initial signature count of 14,413 signatures on three petitions, and detailed review of the Elections Code and preparation of reports and resolutions. In addition, we responded to eight public records requests from the attorney for the proponents and attended the Superior Court hearings regarding scheduling of the initiative election. In that same election, there will be three vacancies on the City Council. Preparations for the election will include interaction with the Santa Clara County Registrar of Voters office, updating the Candidate's Handbooks and required forms, accepting campaign disclosure filings and updating the city web page. Public Information and Communication There were a number of improvements made to improve communication In general. These include: · Updated the Speaker's Information Card for City Council and Planning Commission meetings and provided e-mail announcements about agendas, minutes, or specific topics to interested parties. · Updated the e-mail feedback system for the public to send correspondence, complaints, and suggestions (Access Cupertino) to make it easier for the user and to provide more tools for staff to track and respond to requests. · Provided the public access to six years of Council and Planning Commission agendas, minutes, and staff reports, as well as other historical documents agreements, budgets, annual reports through the ongoing imaging program. The city web site now has all City Council minutes back to 1955, and resolutions back to 1973, representing an increase of more than 2,700 documents since last year's report. · Implemented improvements to the City Council agendas. · Working on a new software program (Granicus) to provide a "one-stop" location on the web site for agendas, reports, minutes, and video of the City Council meetings. · Worked in conjunction with Planning to create uniformity in noticing public hearings, including a standardized written notice with more useful information and a higher professional quality. · Increased the radius of public notices for certain projects. Internal enhancements · Learned a new tape recording system, camera activation, speaker timers, and voting system in conjunction with the Community Hall. · Implemented additional follow-up with Teen Commission applicants to provide a more efficient application and appointment process. · Changed deliveries of Fed Ex packages resulting in an estimated savings of $1000-$1500 per year. In addition, utilized online package registration forms for Fed Ex, saving an additional 10% on shipping costs. K:\City Manager\Annual Report\fy05 Annual Report\Annual Report 2004-05 v4.doc Page 27 of 35 1.t-2f Annual Report FY 2004-05 August 16, 2005 o Implemented new bulk mail handling procedures, saving staff time and reducing mailing costs by 14 cents per envelope for large mailings. o Updated the office procedures manuals, including an amended ordinance and instructions regarding the weed abatement process. · Simplified and streamlined the council action report to reduce processing time by 2 hours per meeting. o Created procedural checks and balances with Cupertino Courier employees to insure accurate legal advertising, and in the past year there have been no missed publications or print errors in the City Clerk's advertisements. o Provided temporary staff support to the Personnel and Planning Divisions. o Secured shredding of confidential documents generated by city hall offices. o Developed a cross training program for the division to ensure backup on all major tasks. Routine tasks: o Prepared agendas and minutes, and printed and distributed packets for 30 City Council meetings. o Processed 41 legal ads, 126 resolutions, 28 ordinances, 22 claims, 9 appeals, and 1 petition for reconsideration. o Scanned packets and exhibits for 30 Council meetings and 33 Planning Commission meetings; continued scanning current and prior year resolutions, ordinances, other commission minutes, budget documents, etc. The Laserfiche database now contains 6,834 documents totaling 105,763 pages that are available to the public online. o Prepared and microfilmed 414 files and destroyed 179 obsolete files. o Collected and reviewed 81 statements of economic interest and campaign disclosure statements required by the Fair Political Practices Commission. o Recruited for all board and commission vacancies in January and 3 unscheduled vacancies. There were 27 appointments made. o Responded to miscellaneous requests by the public and other agencies. o Compiled information for State of California mandate reimbursement claims Fine Arts Commission This year's accomplishments for the Fine Arts Commission include: o Proposing a General Plan revision to create a "One-Percent for Art" ordinance as a means of funding future art acquisitions and installations on city property, and to require developers to include art in new developments or major remodels. o Reviewed public art recommended for the Menlo Equities development and for the Mary Avenue Bicycle Footbridge o Updated the Guidelines for Selection of Public Art. o Met with representatives of the Cupertino Library to offer assistance in acquiring and/or placing works of art in the new building. o Sponsored a student art exhibition at the Cupertino Cherry Blossom Festival. o Awarded the Distinguished Artist of the Year 2005 to visual artist Janet Leong Malan K:\City Manager\Annual Report\fy05 Annual Report\Annual Report 2004-05 v4.doc Page 28 of35 l.t - ;¿q Annual Report FY 2004-05 August 16, 2005 Emere:encv Services The mission of the Office of Emergency Services is to facilitate disaster readiness/preparedness of government, employees, residents, businesses, special districts, and agencies within the City of Cupertino. This is accomplished through public education, training, exercises, and information exchange. Specific accomplishments this year include: o A warded second year grant funding ($50,000) for Medical Reserve Corps o Implemented Automated External Defibrillator program for city including staff training and purchase of AEDs for City Hall, Senior Center, Sports Center, Quinlan Center and Blackberry Golf. o Applied to the National Flood Insurance Program Community Rating System and received a rating of 8 that will reduce insurance premiums for residents of flood zones. o Coordinated with ABAG to develop the City's Disaster Mitigation Plan which was submitted to FEMA and approved. o Continued the Disaster Council/Citizen Corps Council concept, which will enable all community members who will be part of a disaster response to participate in the emergency planning process. o Prepared a Desk Manual to document all procedures and functions provided by OES. o Continued coordination with management rrom Vallco Regional Mall, Sunnyview Convalescent, The Forum, the YMCA, San Jose Water Company and several churches to update emergency plans. o Began development of Citywide disaster reporting from remote locations using CERT, CARES and Block Leaders. Conducted two training exercises. o Developed monthly refresher training for CERT graduates. o Established bi-monthly meetings of the Citizen Corps Working Group to allow representatives of CERT, CARES and MRC to become more involved in City Emergency Planning and community events. o Provided support for the Cupertino Amateur Radio Emergency System (CARES) group by participating in monthly meetings and emergency drills. o Provided volunteer first aid stations and communications for Cupertino Unity Parade, 4th of July, Art and Wine Festival and Tournament of Bands that involved CERT graduates, CARES communicators and Medical Reserve Corps. o Continued Community Emergency Response Team (CERT) Program. The city now has 672 residents trained in CERT. Conducted pilot program for Neighborhood CERT training where a single neighborhood is divided into teams and then all teams trained in their specialty during a single four hour block. o Conducted three Kaleidoscope Public Safety Camps for grades 6-12 and trained 61 students. To date, 228 students have completed the program. o Developed Personal Emergency Preparedness Workshop - a three hour course In household emergency preparedness. The rree course is offered at least once a month. o Conducted 6 first aid (105 students) and 7 CPR classes (139 students). K:\City Manager\Annual Report\fy05 Annual Report\Annual Report 2004-05 v4.doc Page 29 of 35 'l.X-3D Annual Report FY 2004-05 August 16,2005 · Conducted two preparedness trainings for DeÁnza College staff and participated in one EOC exercise. · Purchased supplies for emergency storage cargo containers strategically placed in the City and conducted an orientation exercise for CERT, CARES and MRC members to familiarize them with the equipment. · Received grant funding to purchase a generator and emergency treatment tent for Cupertino Medical Center that will enable a more effective disaster response. · Continued facilitating monthly Cupertino Unified School District and Fremont Unified School District emergency preparedness meetings to heighten disaster preparedness efforts at our schools by coordinating parents, teachers and school administrators to proactively discuss and implement emergency plans, disaster drills, etc. Continued the effort to organize high school students for school emergency response. · Supported and participated in numerous neighborhood and school disaster drills. · Provided Disaster Preparedness community outreach through public presentations on a regular basis for our community festivals, Health and Safety fairs, block parties and school career days. · Provided Disaster Preparedness information brochures, throughout the community, to keep this important subject matter in view at public buildings such as the library, city hall, senior center, and community center. · Published Monthly Tips through articles on preparedness to our citizens via the City's monthly newsletter, the Scene, and our website. · Conducted BEST new employee orientation trainings in SEMSÆmergency Preparedness, fire safety, terrorism, earthquake preparedness, CPR and First Aid. · Conducted evacuation drills at all city buildings and began coordination of staff emergency response teams. · Conducted one EOC functional exercise involving City Staff and community volunteers. · Acted as President to the Santa Clara County Emergency Managers Association and Secretary to the California Emergency Services Association. · Participating' on County Mass Prophylaxis Committee, Vulnerable Populations Committee, Convergent Volunteer Committee. Economic Development The Economic Development division is responsible for identifying and implementing programs specifically targeted to business retention, expansion, and attraction. Specific accomplishments this year include: · Developed a list of available office and retail space. · Developed a marketing brochure/strategy to attract specific business. · Developed and maintained a contact list to target specific business. · Worked with local developers and property owners to target specific businesses to locate in the city, including restaurants, theaters and bookstores. · Attended ribbon cutting ceremonies and issued congratulation notes for individual promotions within our business community. K:\City Manager\Annual Report\fY05 Annual Report\Annual Report 2004-05 v4.doc Page 30 of 35 I 20-3 Annual Report FY 2004-05 August] 6, 2005 Treasurv This function is responsible for investing a $36 million dollar portfolio based on cash flow needs, the City's investment policy, and State guidelines. This year we achieved a higher return on investment than the LAIF benchmark for 12 months. In an environment of continued interest rate decline, agency investments with slightly longer maturities, some with callable features, were procured for higher yield. The portfolio was also diversified slightly with Certificate of Deposits (CDs) with comparative yields. In the last quarter of the fiscal year, interest rates began to rise moderately, agency instruments were not being called, and investment activity slowed. With conservative, short-term investments, the City is properly positioned for a return to higher interest rates. Investment maturities correspond with our cash flow needs for the Library/Civic Center projects. All policy/investment reports required by State Law and our City ordinance were completed on a timely basis. In the analysis of proposals for banking services, custodial servIces and pncmg was also examined. K:\City Manager\Annual Report\fY05 Annual Report\Annual Report 2004-05 v4.doc Page 31 of35 21-J2 Annual Report FY 2004-05 August 16, 2005 City Attorney's Office The City Attorney's Office provides ongoing legal advice to the Council, the City's Redevelopment Agency, commissions, committees, and staff; conducts litigation involving the City; drafts legal documents and enforces City ordinances. Lawsuits: In addition to advising the Council regarding potential lawsuits, the City Attorney participates in both formal and informal negotiations including arbitration, mediation, meet and confer, and any other alternative dispute resolution process that may resolve the conflict prior to a lawsuit. When the occasional lawsuit occurs, the office either pursues the suit vigorously (City initiated lawsuits) or responds with Answer, Demurrer, Mandamus, Cross-Complaint, or other appropriate instrument. During the complicated course of any lawsuit, the City Attorney pursues every opportunity to reach a mutually satisfactory settlement prior to trial. Very few lawsuits in the City of Cupertino have gone to trial. During the past year, the City Attorney's Office has been involved in the following: · City of Cupertino v. The Blue Pheasant Restaurant et al. - This breach of lease case was settled in mediation. Terms of the settlement favor a new tenant in the restaurant who will close at 11 :00 PM. The case will be dismissed when escrow closes and the terms of the settlement are met. · Britt v. City of Cupertino - The CCC initiative petitioners sued the City Council I) alleging Brown Act violations and 2) demanding a special election be held for the initiatives. This lawsuit is ongoing. Code Enforcement On February 1, 2005 the City Attorney's Office took over the supervlSlon of the Code Enforcement Division. Assistant City Attorney, the City's Prosecutor, is the direct supervisor of Code Enforcement. In the 2004-2005 period Code Enforcement Division engaged in the following: · Investigated and obtained compliance of 1,234 code violation cases. · Responded to 852 law enforcement calls for service totaling 1,050 hours; a savings to the City's law enforcement contract of $120,865.50 (1,050 X 115.l11hr.) · Marked 277 abandoned vehicles (public and private property), receiving reimbursement revenue from state A VASA funds totaling $20,331.59 (quarters 1,2, and 3 funds received, quarter 4 not received as ofthis date). · Issued 5,190 parking citations totaling $185,720 K:\City Manager\Annual Report\fy05 Annual Report\Annual Report 2004-05 v4.doc Page 32 of 35 1J-n Annual Report FY 2004-05 August 16, 2005 · 33% reduction in Code Enforcement staffing due to Officer Jeff Trybus preparing acting as Neighborhood Watch Coordinator. This temporary reassignment was a law enforcement budget savings of approximately $150,000 previously spent to fund a Sheriffs Department Sergeant on a full time basis for this position. · Annual Division Revenue Summary: o Total revenue generated by Code Enforcement, FY 04/05: $206,051 o Total revenue savings from Code Enforcement, FY 04/05: $270,865.50 · Updated and amended the massage ordinance to address changing needs within the massage profession to enhance communication during permit processing and recognize different modalities of massage. · Maintained part-time weekend hours to cover specific athletic field use and neighborhood concerns. · Continued City participation in the aforementioned State of California A VASA program, which provides state reimbursement for the removal of abandoned vehicles from private and public property. Prosecutions: Code violations, while appearing minor on their face, have a tremendously negative effect on the citizens of Cupertino. Most common code violations prosecuted include dangerous dogs, destruction of protected trees, sign violations, graffiti removal, massage establishment violations, home occupation violations, and noise abatement. A few examples this year include: · Two hearings were held this year regarding potentially dangerous dogs. The City Attorneys Office pros~cutes these cases before an administrative hearing officer. In both cases the subject dogs were found to be potentially dangerous. Cupertino has 5 to 10 dog cases each year. · Noise violations appear to be on the upswing. These include nighttime and early morning truck deliveries, power washing at local restaurants, barking dogs, early morning construction, loud music from an exercise facility adjacent to residential zones. · One unlawful storm drain discharge violation was prosecuted this year. Abatements: The City had three scheduled abatement matters that required warrants. Abatements on La Roda and Johnson were ultimately handled by family members with the encouragement of Code Enforcement Officers. The third abatement, on Glencoe, which includes the demolition of the residential structure is currently being completed. Resolutions: Over the course of a year the City Council passes an average of 240 resolutions. Most, if not all, of the resolutions are either drafted by, or reviewed by the City Attorney. This involves both factual and legal research and writing. K:\City Manager\Annual Report\tÿ05 Annual Report\Annual Report 2004-05 v4.doc Page 33 of 35 :¿ð-S~ Annual Report FY 2004-05 August 16, 2005 City policies: City policies are drafted or reviewed by the City Attorney for legal sufficiency. Recent examples of City policies include the naming policy, City web site policy, purchasing policy, and e-mail policy. City Ordinances: Cupertino passes 20 to 25 new or amended ordinances each year. The City Attorney drafts or reviews new and amended ordinances for legal conformity and plain meaning. In addition, the City Attorney's Office reviews the existing City Ordinances on an ongoing basis for conformance to current law and practice. This year, at the request of the City Council, Code Enforcement researched and revised the code to include new testing options that will allow massage permits to be issued for a variety of Asian massage techniques not previously covered. Contracts: In the course of business the City enters into dozens of contracts each year. The City Attorney either drafts or reviews contracts and analyzes specific terms for legal conformance and to protect the best interests of the City. Contracts drafted or reviewed include consultant contracts, contracts for public works, telecommunication agreements, purchasing agreements, development agreements, housing documents, building contracts and many others. The City Attorney's Office is an active participant in contract negotiation when requested by the City staff and handles all contract claims filed against the City.. Elections: Regarding elections and ballot measures, the City Attorney advises the City Clerk and City Council in addition to providing legal analysis and drafts summaries. Upon request, the City Attorney consults with the Fair Political Practices Commission to resolve campaign questions. Conflicts ofInterest: The City Attorney also keeps the City Council, staff and commissions apprised of changes in laws regarding conflicts of interest, contributions, incompatible offices, ethics and election prohibitions. Biddinl! Procedures: The City Attorney's Office advises on all bidding procedures in regards to current law and procedural regulations. The City engages in a wide range of bid activities from contacts on large public works to bids for the purchase of surplus lands, each having its own legal procedure. Leases: The City Attorney drafts or reviews all City leases, both leases for City property and leases entered into by the City for the lease of property of another. In regards to leases of City property, the City Attorney's Office also initiates and prosecutes unlawful detainer actions in the case of hold over tenants. K:\City Manager\Annual Report\fy05 Annual Report\Annual Report 2004-05 v4.doc Page 34 of 35 28'-3) Annual Report FY 2004-05 August 16, 2005 Redevelopment Aeencv: The City Attorney is a member of the Redevelopment Agency and, as such, a portion of the City Attorney salary is paid by that agency. It is the responsibility of the City Attorney to keep abreast of current redevelopment law, activities within the agency and advising the City Council regarding any redevelopment item before them. Land Use Documents: The City Attorney's Office drafts, reviews or approves myriad land use documents including easements, development agreements, conditions on use permits, conditions in CC&Rs, covenants, deed restrictions, shared parking agreements, dedications and dozens of other legal documents regarding the use of land. Housinl! and BMR Prol!ram: The City Attorney's office reviews documents related to the Housing and BMR Programs including lease and purchase agreements for legal compliance and compliance with the BMR manual. CBG Grant Prol!ram: The City Attorney's Office participates on the CBG Grant Advisory Committee. Bankruptcies. claims: The City Attorney reviews any bankruptcy where the City is or may be a claimant and files the appropriate documents. Lel!al Research and Interpretation: A large and time-consuming part of the City Attorney's job is legal research and interpretation of the law for other departmental staff, the City Council and commissions. This can include a review of statutes, their legislative history and the legislative intent, case law in state lower and appellate courts, federal law and federal case law, Attorney General Opinions, law review articles and legal opinions as well as drafting a legal opinion applying the legal findings to the question at hand. Franchise Al!reements: The City enters into and maintains a variety of rranchise agreements including agreements for garbage service, cable television, utilities, fiber optics and telecommunications. All such agreements are drafted or reviewed by the City Attorney's Office to protect the best interest of the City. K:\City Manager\Annual Report\fy05 Annual Report\Annual Report 2004-05 v4.doc Page 35 of35 26-3(0