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CC 09-06-05 · CUPEIQ1NO AGENDA CUPERTINO CITY COUNCIL - REGULAR MEETING CUPERTINO REDEVELOPMENT AGENCY - REGULAR MEETING 10350 Torre Avenue, Community Hall Council Chamber Tuesday, September 6, 2005 6:45 p.m. CITY COUNCIL MEETING PLEDGE OF ALLEGIANCE ROLL CALL CEREMONIAL MATTERS - PRESENTATIONS 1. Proclamation for the 9-vear-old Cupertino All-Star baseball team for winning the championship. (No documentation in packet). 2. Proclamation for the Cupertino Senior All-Star baseball team for being the runner-up. (No documentation in packet). 3. Presentation to the Cupertino Block Leader Program from the California Association of Public Information Officials (CAPIO). (No documentation in packet). 4. Proclamation to Cupertino's Ham Radio Emergencv Coordinator Jim Oberhofer for receiving the California Emergency Services Association (CESA) Coastal Chapter Silver Award. (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 from making any decisions with respect to a matter not listed on the agenda. September 6, 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. 5. Approve the minutes from the August 16 City Council meeting. 6. Adopt resolutions accepting Accounts Pavable for August 12, 19, and 26 Resolution Nos. 05-144 to 05-146. 7. Adopt resolutions accepting Payroll for August 12 and 26, Resolution Nos. 05-147 and 05-148. 8. Accept the Treasurer's Investment and Budget Report for July 2005. 9. Adopt a resolution accepting the Treasurer and Deputv Treasurer appointments, Resolution No. 05-149. 10. Adopt a resolution authorizing the investment of monies in the Local Agencv Investment Fund (LAIF), Resolution No. 05-150. II. Adopt a resolution approving an improvement agreement for Civic Park Development R- I (Tavlor Woodrow Homes. Inc.), APN 369-40-017, Resolution No. 05-151. 12. Adopt a resolution approving an easement maintenance agreement for Civic Park Development R-l (Tavlor Woodrow Homes. Inc.), APN 369-40-017, Resolution No. 05- 152. 13. Accept municipal improvements (No documentation in packet): a) Jia Huo Yu and Shirley K. Ng, 10663 Santa Lucia Road, APN 342-17-008 b) Bin Xu and Chi Zhang, 10465 Byrne Avenue, APN 357-12-038 14. Adopt a resolution authorizing the City Manager to negotiate and execute all necessary cooperative agreements with the California Department of Transportation required for design oversight, construction, and maintenance in connection with the Marv Avenue Bicvcle Footbridge Proiect, Resolution No. 05-153. 15. Report on the status of the traffic study in the neighborhood affected by the traffic restrictions on Kim Street north of Bollinger Road. Set a public hearing for October 4, 2005, for discussion of the traffic report and recommendations on traffic restrictions on Kim Street north of Bollinger Road and an existing petition for permanent closure of Kim Street at Bollinger Road. September 6, 2005 Cupertino City Council Cupertino Redevelopment Agency Page 3 16. Adopt a resolution approving the final map of Tract No. 9729 for Oak Park Village located on De Anza Boulevard, Resolution No. 05-154. 17. Adopt a resolution approving an improvement agreement for Cupertino Estate LLC, a California Limited Liability Company, 22291 Cupertino Road, APN 326-16-017, Resolution No. 05-155. 18. Adopt a resolution approving a roadway easement for Cupertino Estate LLC, a California Limited Liability Company, 22291 Cupertino Road, APN 326-16-017, Resolution No. 05-156. 19. Sister Cities: a) Approve the Revised Policy and Guidelines for Sister City Partnerships b) Deny the request to pay for hotel accommodations for the Toyakawa and/or Hsinchu Sister City delegates during the Golden Jubilee Celebration ITEMS REMOVED FROM THE CONSENT CALENDAR (above) PUBLIC HEARINGS 20. General Plan update, Application Nos. GPA-2004-0l and EA-2004-l7, City of Cupertino, Citywide. (This item was continued from the meeting of August 16). 21. Consider Application No. TM-2005-02, Pinn Bros. Construction (Adobe Terrace) located at 20128 Stevens Creek Blvd., APN 369-03-001. A tentative map for condominium purposes for an approved mixed-use project consisting of 2,395 square feet of retail space and 23 residential units. UNFINISHED BUSINESS NEW BUSINESS 22. Consider adopting a resolution supporting Assembly Bill 438, as amended, (Parra) sex offenders, Resolution No. 05-157. 23. Consider an appeal of the City Manager's determination to dismiss the appeal regarding a window installation at 20272 Northcove Square. The applicants and appellants are David and Margaret Critzer. 24. Receive the resignation from Fine Arts Commissioner Martha Bills, and initiate the process to fill the unscheduled vacancy. September 6, 2005 Cupertino City Council Cupertino Redevelopment Agency Page 4 25. Conduct the first reading of Ordinance No. 1966: "An Ordinance of the City Council of the City of Cupertino Amending Chapter 14.04, Section 14.04.230 of the Cupertino Municipal Code Relating to Street Improvement Renuirements, Exception Based On Less Than Twenty-Five Percent Expansion of Existing Floor Area." 26. Conduct the first reading or Ordinance No. 1967: "An Ordinance of the City Council of the City of Cupertino Amending Chapter 9.18 of the Cupertino Municipal Code - Storm water Pollution Prevention and Watershed Protection, Revising Storm Water Pollution Prevention Requirements for Land Development Projects." ORDINANCES STAFF REPORTS COUNCIL REPORTS ADJOURNMENT Adjourn to Wednesday. September 14 at 6:00 p.m. for a meeting regarding the General Plan, Community Hall Council Chamber, 10350 Torre Avenue, Cupertino, CA 95014. REDEVELOPMENT AGENCY MEETING ROLL CALL A. Consider allocating 25% of discretionarY funds to be earmarked for a parking structure. ADJOURNMENT 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. .' , .'~ , ITYOF CUPEIQ1NO DRAFT MINUTES CUPERTINO CITY COUNCIL Regular Meeting Tuesday, August 16,2005 CALL TO ORDER At 6:00 p.m. Mayor Kwok called the meeting to order in the Council Chamber, 10350 Torre Avenue, Cupertino, California. 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. Negotiations for purchase, sale, exchange, or lease of real property - Government Code Section 54956.8 for City owned residential lots in Oak Vallev. (No documentation in packet). At 6:03 p.m. the City Council went into closed session. At 6:48 p.m. Council reconvened in open session. The City Attorney announced that Council met in closed session with the City Manager and the City's broker, and that no action was taken. PLEDGE OF ALLEGIANCE At 6:48 p.m. Mayor Kwok called the regular meeting to order in the Council Chamber, 10350 Torre Avenue, Cupertino, California, and led the Pledge of Allegiance. CEREMONIAL MATTERS - PRESENTATIONS 2. Proclamation for the Cuoertino High School Choir. (No documentation in packet). Cary Matsuoka, Principal of Cupertino High School, received the proclamation. He explained that the choir had gone to Toyokawa, Cupertino's sister city, and had also participated in the World Expo in Japan. Mayor Kwok also noted that Fremont Union High School Board of Education member Avie Katz was in attendance at tonight's meeting. :;-1 August 16,2005 Cupertino City Council Page 2 POSTPONEMENTS - None WRITTEN COMMUNICATIONS The City Clerk said that Council had been given the following documents: · For item No.8, an amended Resolution No. 05-129, which corrected the dollar amount specified in line item 4 · For item No. 17, an email from Bill Roberts, submitting comments on behalf of Hewlett- Packard regarding the General Plan amendment · For item No. 18, a letter from Cooper & Co requesting that Mr. Bunker be required to work out the parking situation at Yarnagami's Nursery ORAL COMMUNICATIONS Virginia Tamblyn said she lived behind the Marketplace shopping center, and complained of nauseating cooking odors from various restaurants that come through closed windows on a daily basis. She suggested that the City require all restaurants to install filtration equipment. She handed out a packet of information that included her comments, a letter from her, a letter from Hans and Hilde Tannert, and a letter to the Elephant Bar Restaurant Corporate Office. Community Development Director Steve Piasecki said that the Elephant Bar and shopping center owners are making progress, although it is slow because it is not a simple matter to retrofit the exhaust system. He said that Mrs. Tamblyn's suggestion was a good one to be imposed on new restaurants, and that he would bring back a report to Council on that topic if they wished. Cecilia Saleme said that she was the Executive Director of "kadie" a program to prevent dpg bites through interactive education between kids and dogs. She asked for the City Council's help to implement this program in the schools and through Parks and Recreation programs. She shared a brochure that explained the program. Mayor Kwok asked the City Manager to refer the suggestion to the Parks and Recreation Department. It was also explained that Ms. Saleme would need to approach the schools through their individually elected school boards. Marta Cervantes said that her brother, Ruben Cervantes, a resident of Cupertino, was killed last year on the Dumbarton Bridge. She asked for Council's support to ensure that the cause of death was thoroughly investigated. She said she had given Councilmember Wang a letter addressed to the District Attorney of San Mateo County, for Council to sign in support of an investigation. She said that a speeding truck caused her brother's death, and she would like Council to bring the issue to the attention of state legislature to see stiffer penalties for truck drivers. Wang said that she gave the letter to the City Manager for review. Deborah Hill spoke about impatient drivers and people who drive too close to cyclists, and the hazards they create. She provided a copy of her comments. 5-2 August 16,2005 Cupertino City Council Page 3 CONSENT CALENDAR SandovallLowenthal moved and seconded to approve the items on the Consent Calendar as recommended, including a clerical correction to item No.8, Resolution No. 05-129. Vote: Ayes: James, Kwok, Lowenthal, Sandoval, and Wang. Noes: None. Absent: None. 3. Approve the minutes from 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 Payroll 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 Marv Avenue Pedestrian Bridge Proi~ 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 Nguven. 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 Droiects performed under contract for Stevens Canyon Road Widenin" (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 I, Resolution No. 05-131. )-3 August 16, 2005 Cupertino City Council Page 4 b) Adopt a resolution 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 I, Resolution No. 05-132. 13. Adopt resolutions authorizing grant aDPlications 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 21st Century - Recreational Trails Program, Resolution No. 05-143 14. Adopt a resolution accepting a Director's Deed of Real Prooertv 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 Cupertjno, 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) - None 5'A( August 16, 2005 Cupertino City Council PageS PUBLIC HEARINGS 17. Introduction ofa General Plan uDdate. Application Nos. GPA-2004-0l and EA-2004-17, City of Cupertjno, Citywide. (This item was continued from the meeting of July 19). Community Development Director Steve Piasecki reviewed the staff report and said that tonight's meeting would be on the topic of land use. He gave a PowerPoint presentation highJighting (1) A comparison of recommendations regarding Development Allocations for commercial, office, hotel, and residential development, as well as a proposed new policy to prioritize expansion of office space of existing major companies; (2) A comparison of recommendations regarding building heights; and (3) An amended policy 2-42 related to Economic DevelopmentlRetail Sales and Office Development. He also asked Council to schedule an extra meeting to continue the discussion of the General Plan. Sandra James said she would like to hear from the major businesses in Cupertino, such as Apple and HP, regarding the proposed amended policy 2-42 regarding new office development and square footage requirements. Steve· Piasecki said that they would be invited to attend the next meeting. The City Council concurred to hold an additional meeting to continue the discussion of the General Plan update. It was scheduled for September 14 at 6:00 p.m. in the Cupertino Community Hall. Richard Lowenthal proposed a fee when allocating residential use to aid in economic development. Dolly Sandoval asked staff to explore and develop a possible policy regarding sales tax producing services versus service-oriented businesses on major thoroughfares. Steve Piasecki commented that the Chamber of Commerce would probably want to weigh in on that discussion. He also noted that other cities typically require service establishments to be located upstairs or on side streets, rather than on main streets. At 8:16 p.m. Mayor Patrick Kwok opened the public hearing. Mike Bullock reviewed some overhead slides highlighting the definition of car park cash out, which included an example of a company cash out and results, the cash out recommendation by the Planning Commission, and an opinion of a better cash out recommendation and strategy to amend the parking ordinance within one year. Deborah Hill said she preferred less housing allocation and more shopping centers. She was concerned about traffic congestion coming from Vallco, and suggested additional parking. She also wanted to limit building heights to 50 feet. s--s-- August 16, 2005 Cupertino City Council Page 6 Jennifer Griffin encouraged the residents of the City to attend the General Plan hearings. She asked Council to limit building heights to 35 feet, keep density of new projects down, and do more outreach to the community in the Toll Brothers development area. She thanked Council for the recent additional traffic control at Tantau and Stevens Creek. She wanted to be sure to preserve the tech parks, views of the hills, greenbelts, and parks in Cupertino. Phillip Mahoney, one of the property owners of the Tantau Building Associates, made note of their preliminary plans to convert the property at the corner of North Tantau and Pruneridge from manufacturing to residential. He said that he hoped their site would be considered as part of the General Plan update to add housing in the area. Linda Wyckoff, representing the Regnart Bay Keepers, submitted a petition and 432 signatures opposing the Regnart Creek Trail. She said the group was concerned about the safety of their children, increased threats of home invasion, privacy, and injury to bicyclists at busy street crossings. She said that a flaw of the trail is that the area is largely inaccessible to both police and fire personnel, and leaves the City liable for bicycle accidents. She requested that Council delete the Trail from the revised General Plan, and that all future proposed paths in Cupertino be held to the standards for trails as submitted by the Planning Commission. Eric Morley, representing Sobrato Development Companies, said that they have been planning a high-quality residential community in the Vallco park neighborhood on Pruneridge Avenue. He asked Council to support the Planning Commission's recommendation for the unit allocation of 200 units in the Vallco Park North area, and support staff's recommendation for further units to be allocated there. He also supported the Planning Commission's height and density recommendations, and the criteria for evaluating industrial to residential conversions. Dennis Martin, representing the Homebuilders Association (HBA), read from a letter by the Executive Director of HBA offering support for (1) Industrial to residential land use conversion where appropriate and economically viable, especially on obsolete office and industrial propertjes; and (2) General Plan revisions which encourage smart growth through building heights greater than 60 feet, greater density, and setback modifications allowing for increased density in residential developments. He said the HBA opposes (I) A I % art tax on new housing; (2) Additional green building and energy conservation requirements beyond those already imposed by Title 24 of the California Building Standards; and (3) The adoption of a residential fire sprinkler ordinance in excess of levels set in the Uniform Building Code. David Greenstein said that growth is not necessarily a bad word, and has brought some good things to Cupertino, such as Apple Computer and some of the best schools in the country. He said it's unrealistic to expect Cupertino to never change because the s--(p August 16,2005 Cupertino City Council Page 7 economic engine for this whole area is housing, jobs, and business. He said Cupertino needs flexibility with greater heights as necessary to keep jobs here, and flexibility in areas where there already is current development, so as to keep it from spreading into the residential areas. Orrin Mahoney, representing the Cupertino Chamber of Commerce board, said they support keeping housing allocation flexible, and the Chamber board looks forward to reviewing other issues that were brought up, including the car park cash out and the 1% art tax. Rusty Britt said many businesses coming into Cupertino are simply replacing businesses that have moved out. She said that Cupertino needs more restaurants, more places to gather for socializing and entertaining. She was concerned that Council and staff are discouraging businesses in favor of rezoning commercial and retail property to become residential property. She asked Council to consider future impacts on the quality of life in Cupertino before forever losing business opportunities that might better benefit the City. Virginia Tamblyn requested Citywide notice every time something comes up. She was concerned about not seeing any green areas in the Menlo Park development and fearful that this would be the same for future development. She said more emphasis is placed on what the developers want over what the citizens of Cupertino want, and waiting a year shouldn't be the basis for approval for a project. She encouraged Council to consider future revenue because more housing means more services that must be provided. Marty Miller, Planning, Commissioner, said that balanced growth was an important concept the Planning Commission looked at, and they came up with the numbers mathematically. He said they heard the concern from citizens about too much urbanization, but felt it was important to provide jobs and affordable housing. He emphasized that the Planning Commission presented to Council a policy listing what factors were important to consider so Council had a guideline to follow. Jeanne Bradford, Parks and Recreation Commissioner, noted the minutes from a previous joint meeting of the Parks and Recreation and Bicycle Pedestrian Commissions from April 7, 2005 regarding the Regnart Creek Trail. She agreed that from the comments at that meeting, the neighbors had valid concerns, and encouraged Council to go back and read the minutes to hear feedback from the residents and the commissioners. Maxine Egland reiterated the need for businesses in Cupertino for tax revenue purposes, and for residents to have places to gather and work. She was concerned about the trend of businesses leaving Cupertino, and urged Council to try to reverse that trend with whatever plans it puts into place. The public hearing was closed at 8:55 p.m. This item was continued to September 6 for focus on parks, trails, and pedestrians. 5-'7 August 16, 2005 Cupertino City Council Page 8 Council was in recess from 9:12 p.m. to 9:20 p.m. 18. Consider a Petition for Reconsideration of the City Council's decision to approve Application M-2005-01 (Use Permit U-2OO3-03) 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, Resolution No. 05-135. Mayor Kwok recused himself because of a potential conflict of interest. He gave the gavel to Vice-Mayor Richard Lowenthal, and at 9:21 p.m. Mayor Kwok was absent from the Chambers. Director of Community Development Steve Piasecki reviewed the staff report using a PowerPoint presentation. He explained that the City Attorney prepared detailed findings and responses to the applicant's petition for reconsideration that are found in the packet. Applicant Greg Bunker said he spent 3 years with the City putting this project together, and he believed he has fulfilled all the requirements from all departments. He said that the only condition on his first approval was that he stripe 20 spaces on the adjacent property owners' lot. He said the owners attended the hearings, and voiced no other problems with his project. He noted that his City approvals never required any change to the easement, just the striping. The Planning Commission made a modification that he did not have to do any striping because the project met the parking requirements, but said that he should get approval from the adjacent landowner. He said he would be willing to do the striping and put up a bond or cashiers check to complete all the work to fulfill his only requirement left before building permits are issued. He asked Council to rule in his favor, remove the condition of needing the property owner's approval, and modify it to speak only to the striping issue. Mr. Bunker said he had negotiated continuously with the Yarnagami Nursery representatives, but he felt that he has a right to develop his plan as originally approved by the City of Cupertino, to stripe 20 spaces, and not have to get an easement agreement. He said that his plan maintains the shared driveway, and leaves the parking in its present configuration. He asked Council to move his permits forward so the negotiation can be done on a fair level. John Golden, attorney for the Yamagami trust, said that they have been through 2 and a half years of negotiation with Mr. Bunker, and have reached agreement many times only to have him try to work around it. He said that Mr. Bunker's petition has not addressed any issues that would allow the Council to overturn its original decision. When there is an issue of two people with private property disputes, it's not an issue for the City to resolve. )-f August 16, 2005 Cupertino City Council Þage 9 He said that Council has already given Mr. Bunker three different ways to resolve it, and he asked Council to deny this petition. City Attorney Charles Kilian summarized the issue between the two parties and said that the City is not in a position to determine the extent of the easement, and has no authority or competence to do so. He said that before Mr. Bunker should be given approval to build on the rear portion, there needs to be (1) A decision by a court saying there is an easement, or not, for parking over the rear portion; (2) An agreement between the parties that established the parameters for parking; or (3) A reputable title company needs to ensure title in favor of the City that no easement exists Sandra James moved to deny the appeal. Kris Wang seconded the motion. Dolly Sandoval asked Mr. Kilian if any new added information had been brought to change Council's mind. Mr. Kilian said that no new facts had been presented. Mr. Bunker distributed a document dated April 25, 2004 from Lee Engineers, Inc. a civil engineering firm that did a full AL TN ACSM Land Title Survey of the premises, and concluded that there are no easements on the property. Mr. Kilian responded that a civil engineer cannot determine the location or effect of easements, and it still doesn't address the problem of a court or title company needing to determine the easements. He continued that even if there had been approval of a use permit, the easement problem would still exist when he came in for a building permit. Steve Piasecki clarified that the wording of the motion should be to adopt the resolution denying the request for reconsideration. Mr. Goldman said that he had not received a copy of the letter from Lee Engineers, Inc. He continued that the attorney of Yamagarni nursery had previously written an opinion to the City regarding the determination of Lee Engineers as being nonsense, since civil engineers are not able to make determinations on legal issues regarding parking and easements. Sandra James rephrased her motion to deny the reconsideration and adopt Resolution No. 05-135 containing the findings from the City Attorney. Wang seconded the motion. The motion carried unanimously with Mayor Patrick Kwok absent. 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. Lowenthal/James moved and seconded to accept the donation from the Edward S. J. Cali Survivors Trust for the children's activities during the Cupertino Jubilee weekend. The motion carried unanimously. <)-~ August 16, 2005 Cupertino City Council Page 10 20. Accept Council subcommittee recommendations and move to approve the revised Community Special Events in Memorial Park Policy. Lowenthal/James moved and seconded to adopt the revised Community Special Events Policy for Memorial Park as recommended by the Council subcommittee. The motion carried IIDanimously. 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. Mayor Patrick Kwok talked about the loss of Cupertino resident and Navy Seal Matthew Axelson. He said that Council received many letters from residents suggesting that the City set up a memorial in Cupertino for veterans and for those people who have died in protection of our freedom. He explained that in 1975, Memorial Park was named for our veterans, and in 1980 the Cupertino Kiwanis Club donated a flag and marker for the park. Parks and Recreation Director Therese Smith reviewed the staff report and asked for direction from Council if they would like the Parks and Recreation Commission to handle this project. Mr. Branamen said that Cupertino represents America, and how wonderful it is that a hometown boy gave his life for Americans and people allover the world, to be able to enjoy places like Cupertino. He wanted to be able to commemorate Matt Axelson and what he has done for everyone. He suggested a freestanding memorial in a public place, respecting other memorials in the City that already exist. Mr. Axelson said that he is a proud dad, and that it would be a great honor for our military folks, the Navy Seals, and for his son to have anything done for them. Barry Chang suggested a plaque under the flagpole in Memorial Park because people already know what the park is named for, and one that can be added to for the future. Council members recommended that both the Parks and Recreation Commission and the Fine Arts Commission should work on this project; consider enhancing or making more prominent the existing plaque at Memorial Park; include names from as far back in time as possible, and include detail about dates of service, etc., and consider broadening the list to include firefighters and public safety officers. ')-({} August 16, 2005 Cupertino City Council Page 11 22. Adopt resolutions approving semi-rural desi""Htions: 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 Public Works Director Ralph Qualls reviewed the staffreport. Ian Stoeckenius, resident, said that he signed the petition and is in favor of adopting the resolution. James/Sandoval moved and seconded to adopt Resolution No. 05-136. The motion carried unanimously. 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 Ralph Qualls reviewed the staff report. SandovalJLowenthal moved and seconded to adopt Resolution No. 05-137. Kris Wang offered discussion about students and people living in the neighborhood needing sidewalks for safety issues. Ralph Qualls responded that this is a Council policy adopted in October of 2003 to accommodate these situations. He confirmed that there have been no complaints about any of the previous designations approved. Kris Wang accepted the motion, and it carried unanimously. 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 Avenue intersections with Byrne Avenue and Orange Avenue, and along Imperial Avenue, where sidewalks and streetlights will still be required, Resolution No. 05-138. Ralph Qualls reviewed the staff report. K.Y. Ho urged approval since more than 70 percent of the property owners signed the petition, and that sidewalks are not practical in this area. James/Lowenthal moved to adopt Resolution No. 05-138. The motion carried unanimously. 23. Review and award bid of contract for the Mary Avenue Bike Pedestrian Brid2e 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 5-/( August 16, 2005 Cupertino City Council Page 12 approve a construction contingency of $80,000.00 to cover unforeseen work required to complete Phase 1. Lowenthal/James moved and seconded to award the contract to Gordon N. Ball, Inc., in the amount of $566,073.00, and approve a construction contingency of $80,000.00 to cover unforeseen work that might be required to complete Phase I. The motion carried unanimously. 24. Designate a voting delegate and alternate for the Lea2ue of California Cities Annual Conference on Thursday, October 6 through Saturday, October 8 in San Francisco. Sandoval/James moved to designate Patrick Kwok as the voting delegate and Richard Lowenthal as the alternate. The motion carried unanimously. 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. Council concurred to select Monday, December 12 at 6:45 p.m. to swear in new Council members 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 Elementarv 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 crossin2 IZUards in the vicinity of the new Lawson Middle School, Resolution No. 05-140. James/Sandoval moved and seconded to adopt resolution Nos. 05-139 and 05- 140. The motion carried unanimously. 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 renamÎlU! the Telecommunications Commission." The new name will be the Technology and Information Communications Commission. 5-/'^- August 16, 2005 Cupertino City Council Page 13 Wang/James moved and seconded to read the ordinance by title only and that the City Clerk's reading would constitute the second reading thereof. Ayes: James, Kwok, Lowenthal, Sandoval, and Wang. Noes: None. Absent: None. Wang/Lowenthal moved and seconded to enact Ordinance No. 1%5. Ayes: James, Kwok, Lowenthal, Sandoval, and Wang. Noes: None. Absent: None. )-{] August 16, 2005 Cupertino City Council Page 14 STAFF REPORTS 28. Accept the Annual Report for July 1,2004 to June 30, 2005. James/Sandoval moved and seconded to accept the annual report. The motion carried unanimously. 29. Receive status report on General Fund Revenue and Exoenditures. (No documentation in packet). Council members received the report. COUNCIL REPORTS Council members highlighted the activities of their committees and various community events. ADJOURNMENT At 10:55 p.m. the meeting was adjourned. 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.cllPertino.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. 5-1~ RESOLUTION NO. 05-144 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 12,2005 WHEREAS, the Director of Administrative Services or her designated representative has certified to accuracy ofthe 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: ~q~ Director 0 mlD1stratlve ervlces PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this ~day of September, 2005, by the following vote: Vote Members of the City Council AYES: NOES: ABSENT: ABSTAIN: ATTEST: APPROVED: City Clerk Mayor, City of Cupertino ~-I 08/11/05 ACCOUNTING PERIOD: 2/06 CITY OF CUPERTINO SELECTION CRITERIA: transact. trans_date between "08/08/2005" and "08/12/2005" CHECK REGISTER - DISBURSEMENT FUND FUND - 110 - GENERAL FUND 1020 CASH ACCT CHECK NO 618922 V 1020 1020 1020 1020 1020 TOTAL CHECK 1020 1020 1020 1020 1020 1020 1020 1020 1020 1020 1020 1020 TOTAL CHECK 1020 1020 1020 1020 1020 TOTAL CHECK 1020 1020 1020 TOTAL CHECK 1020 1020 1020 1020 1020 1020 TOTAL CHECK 1020 619564 V 619647 619647 619647 619647 619648 619649 619649 619649 619649 619649 619649 619649 619649 619649 619649 619649 619650 619651 619652 619653 619653 619654 619655 619655 619656 619657 619657 619657 619657 619657 619658 ISSUE DT --------------VENDOR------------- FUND/DEPT 06/30/05 792 08/05/05 262 08/12/05 4 08/12/05 4 08/12/05 4 08/12/05 4 OB/12/05 20B4 OB/12/05 9 OB/12/05 9 08/12/05 9 08/12/05 9 08/12/05 9 08/12/05 9 08/12/05 9 08/12/05 9 08/12/05 9 08/12/05 9 OB/12/05 9 08/12/05 17 08/12/05 3210 08/12/05 2566 08/12/05 26 08/12/05 26 08/12/05 28 OB/12/05 OB/12/05 2276 2276 LILY WU 5706450 FIRST PLACE INC 1104300 OB/12/05 2330 OB/12/05 08/12/05 08/12/05 08/12/05 08/12/05 2298 229B 229B 2298 229B AT & T AT & T AT & T AT & T 1108501 1108501 1108501 1108501 08/12/05 M A.M. BEST COMPANY, INC. 110B101 ABAG POWER PURCHASING PO 1108501 ABAG POWER PURCHASING PO 110B509 ABAG POWER PURCHASING PO 110B507 ABAG POWER PURCHASING PO 110B508 ABAG POWER PURCHASING PO 570B510 ABAG POWER PURCHASING PO 1108505 ABAG POWER PURCHASING PO 1108504 ABAG POWER PURCHASING PO 5606620 ABAG POWER PURCHASING PO 110B503 ABAG POWER PURCHASING PO 1108506 ABAG POWER PURCHASING PO 1108513 ADIRONDACK DIRECT 1106265 AETNA 6414570 TOM AIDALA 2709449 AIR FILTER CONTROL INC AIR FILTER CONTROL INC 1108502 1108504 AIRGAS NCN 1108314 ALHAMBRA ALHAMBRA 1104510 1104510 AMERICAN INDUSTRIAL SUPP 2708405 ARCH WIRELESS ARCH WIRELESS ARCH WIRELESS ARCH WIRELESS ARCH WIRELESS 1104400 1106265 110B501 110B602 1104400 ARITA, HIDEYUKI 580 RUN DATE 08/11/05 TIME 12:42;25 -----DESCRIPTION------ SERVICE AGREEMENT FOR NAME PLATE AUG 2005 STATEMENT AUG 2005 STATEEMNT AUG 2005 STATEMENT AUG 2005 STATEMENT RATINGS BOOK 2005 6/04-7/01 6/04-7/01 6/04-7/01 6/04-7/01 6/04-7/01 6/04-7/01 6/04-7/01 6/04-7/01 6/04-7/01 6/04-7/01 6/04-7/01 FRONT OFFICE FURNITURE LONG TERM DISA. AUG05 SERVICE AGREEMENT FOR SUPPLIES SUPPLIES FY 2005-2006 OPEN PURC BOTTLE WTR 424135440 BOTTLE WTR 424139947 SUPPLIES A27037 8/01-9/02 8/01-9/02 B/01-9/02 8/01-9/02 8/01-9/02 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 .00 .00 0.00 0.00 0.00 - FINANCIAL ACCOUNTING &- ::2.. PAGE 1 AMOUNT -190.00 -50.66 25.12 25.12 25.12 50.B6 126.22 279.90 1113.60 52.55 325.65 49.17 484.11 208.29 1B07.80 653.41 640.78 108.61 66.03 5510.00 3486.68 3446.81 6033.12 356.25 356.25 712.50 46.33 284.59 84.05 368.64 376.34 19.44 63.54 41.46 46.68 69.33 240.45 15.00 OB/ll/05 ACCOUNTING PBRIOD: 2/06 CITY OF CUPBRTINO SBLECTION CRITERIA: transact. trans_date between nOB/OS/200S" and "08/J.2/200Sn CHBCK RBGISTER - DISBURSEMENT FUND FUND - 110 ~ GENERAL FUND CASH ACCT CHECK NO 1020 619659 1020 619660 1020 619660 TOTAL CHECK 1020 619661 1020 619661 1020 619661 TOTAL CHECK 1020 1020 1020 TOTAL CHECK 1020 1020 1020 1020 TOTAL CHECK 1020 1020 1020 TOTAL CHECK 1020 1020 1020 TOTAL CHECK 1020 1020 1020 1020 1020 1020 1020 1020 1020 1020 1020 TOTAL CHECK 1020 1020 1020 619662 619663 619663 619664 619664 619664 619664 619665 619666 619666 619667 619667 619667 61966B 61966B 619668 619668 619668 619668 619668 619668 619668 619668 619668 619669 619669 619669 ISSUE DT ---------~--·-VENDOR---~-~~------ FUND/DEPT 08/12/05 96 08/12/05 1032 08/12/05 1032 08/12/05 26BO 08/12/05 2680 OB/12/05 2680 OB/12/0S 1367 08/12/05 OB/12/05 OB/12/05 08/12/05 OB/12/05 08/12/05 08/12/05 1476 08/12/05 08/12/05 08/12/05 08/12/05 08/12/05 08/12/05 08/12/05 08/12/05 08/12/05 08/12/05 08/12/05 08/12/05 08/12/05 08/12/05 08/12/05 08/12/05 08/12/05 2646 08/12/05 2646 08/12/05 2646 133 133 132 132 132 132 2232 2232 144 144 144 149 149 149 149 149 149 149 149 149 149 149 ARROWHEAD MTN SPRING WAT 5606620 AW DIRECT INC 6308840 AW DIRECT INC 6308840 BERRYMAN & HENIGAR INC. 1107502 BERRYMAN & HENIGAR INC. 1107502 BERRYMAN & HENIGAR INC. 1107502 CAP I 0 1103300 CAL-LINE EQUIPMENT CO IN 6308840 CAL-LINE EQUIPMENT CO IN 6308840 CALIFORNIA WATER SERVICE 1108407 CALIFORNIA WATER SERVICE 1108314 CALIFORNIA WATER SERVICE 1108508 CALIFORNIA WATER SERVICE 1108509 CANNON DESIGN GROUP 110 CARIAGA, LOURDES CARIAGA, LOURDES 110 110 CASH CASH CASH 5606620 5606640 1106647 CASH CASH CASH CASH CASH CASH CASH CASH CASH CASH CASH 1100000 1101000 1104000 1104000 1104400 1104510 1106100 1107301 1108101 1108201 1108501 CDW-G CDW-G CDW-G 6104800 6104800 6104800 RUN DATE 08/11/05 TIME 12:42:25 -----DESCRIPTION------ BOTTLED WTR JULY05 SUPPLIES A27023 SUPPLIES A27023 RESIDENTIAL INSPECTOR PLAN CHECK FEES PLAN CHECK FEES CAPIO DUES/KITSON SUPPLIES A27017 SUPPLIES A27017 6/18-7/20 6/18-7/20 6/18-7/20 6/18-7/20 ARCHITECT RVW R2Ð843 SSGARNSMNT CSGARNSMNT P.CMH 3/22-6/10 P.CMH 3/22-6/10 P.CMH 3/22-6/10 P.CMH 7/28-8/20 P.CASH 7/28-8/20 P.CASH 7/28-8/20 P.CMH 7/28-8/20 P.CMH 7/28-8/20 P.CASH 7/28-8/20 P.CASH 7/28-8/20 P.CASH 7/28-8/20 P.CASH 7/28-8/20 P.CMH 7/28-B/20 P.CASH 7/28-8/20 ADOBE CREATIVE SUITE 2 ADOBE CREATIVE SUITE 2 ADOBE CREATIVE SUITE 2 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 - FINANCIAL ACCOUNTING PAGE 2 AMOUNT 184.98 19.99 304.93 324.92 5248.80 6039.19 21607.39 32895.38 175.00 178.30 324.59 502.89 4557.38 4598.40 56.77 209.58 9422.13 2000.00 103.84 306.50 410.34 113.89 57.76 58.42 230.07 -0.10 12.88 43.26 44.7B 149.73 22.75 6.49 5.40 10.00 3.90 32.09 331.18 157.49 157.49 4214 .26 ~-3 08/11/05 ACCOUNTING PERIOD: 2/06 CITY OF CUPERTINO CHECK REGISTER - DISBURSEMENT FUND SELECTION CRITERIA: transact. trans_date between "08/08/2005" and "08/12/2005" FUND - 110 - GENERAL FUND TOTAL CHECK CASH ACCT CHECK NO 1020 1020 TOTAL CHECK 1020 1020 1020 J.020 1020 1020 1020 1020 1020 TOTAL CHECK 1020 1020 TOTAL CHECK 1020 1020 1020 1020 TOTAL CHECK 1020 1020 TOTAL CHECK 1020 619670 619670 619671 619672 619673 619674 619675 619675 619675 619675 619675 619676 619676 619677 619678 619678 619678 619679 619679 619680 1020 619681 1020 619681 1020 619681 TOTAL CHECK 1020 1020 1020 1020 TOTAL CHECK 619682 619683 619684 619684 ISSUE DT --------------VENDOR------------- FUND/DEPT 08/12/05 08/12/05 08/12/05 1156 08/12/05 2626 08/U/053232 08/12/05 1756 08/12/05 08/12/05 08/12/05 08/12/05 08/12/05 08/12/05 08/12/05 08/12/05 184 08/12/05 08/12/05 08/12/05 08/12/05 08/12/05 08/12/05 M2006 08/12/05 209 08/12/05 209 08/12/05 209 08/12/05 1492 08/12/05 214 08/12/05 08/12/05 1057 1057 175 175 175 175 175 178 178 844 844 844 194 194 2295 2295 CERIDIAN BENEFITS SERVIC 110 CERIDIAN BENEFITS SBRVIC 110 CHA CHANG, CHEN-YA DEBI CHESSEN SUNNYVALE, CITY OF COCA-COLA USA COCA-COLA USA COCA-COLA USA COCA-COLA USA COCA-COLA USA 110 1103300 5806349 1108511 5606620 5606620 5606620 5606620 5606620 COLONIAL LIFE & ACCIDENT 110 COLONIAL LIFE & ACCIDENT 110 JAMES COURTNEY CUPERTINO ROTARY CLUB CUPERTINO ROTARY CLUB CUPERTINO ROTARY CLUB CUPERTINO SUPPLY INC CUPERTINO SUPPLY INC CYPRESS HOTEL DE ANZA SERVICES INC DE ANZA SERVICES INC DE ANZA SERVICES INC DENCO SALES COMPANY 5606620 1104001 1104'001 1104001 1108501 5708510 1101000 5606620 5606640 5606620 DEPARTMENT OF TRANSPORTA 1108602 2708405 DEPARTMENT OF TRANSPORTA 2607403 DEPARTMENT OF TRANSPORTA 2617402 RUN DATE 08/11/05 TIME 12:42:26 -----DBSCRIPTION------ *FLEX HLTH *FLEX DEP CHA CLIPPING SERV JULY05 CAMPER CUBS SUPPLIES 19500 CALLE DE BARCE. FOUNTAIN MACHINE AUG5 FOUNTAIN MACHINE AUG5 FOUNTAIN MACHINE AUG5 FOUNTAIN MACHINE AUG5 FOUNTAIN MACHINE AUGS *COLONIAL/E7013899 COLONIAL/E7013899 SERVICE AGREEMENT FOR DUES KITSEN DUES KNAPP DUES JAMES/KWOK FY 2005-2006 OPEN PURC PARTS/SUPPLIES GOOD OL GALS LUNCH JANITORIAL AUG2005 JANITORIAL AUG2005 SERV.RESTROOMS 7/31 SUPPLIES A27011 FY 2005-2006 OPEN PURC CLEO AVE. PURCHASE CLEO AVE. PURCHASE 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 PAGE 3 AMOUNT 4529.24 524.51 14.43 538.94 93.00 200.00 70.55 19.29 21.70 21.70 21.70 21.70 21.70 108.50 173 .19 295.83 469.02 350.00 282.00 282.00 564.00 1128.00 16.17 1469.66 1485.83 627.85 459.65 459.65 218.80 1138.10 57.05 185.67 243625.00 309875.00 553500.00 - FINANCIAL ACCOUNTING ~ -I.{ 08/H/0; ACCOUNTING PERIOD: 2/06 CITY OF CUPERTINO CHECK REGISTER - DISBURSEMENT FUND SELBCTION CRITERIA: transact. trans_date between "OB/08/2005" and "08/12/2005" FUND - llO - GENERAL FUND l020 CASH ACcr CHBCK NO 619685 l020 1020 1020 1020 1020 1020 1020 1020 1020 1020 1020 1020 619686 619687 619688 619689 619690 619691 619692 619693 619694 619695 619696 619697 1020 619698 1020 619698 1020 619698 1020 619698 1020 619698 TOTAL CHECK 1020 1020 1020 1020 1020 1020 1020 1020 1020 1020 1020 1020 1020 1020 1020 1020 1020 619699 619700 619700 619700 619700 619700 619700 619700 619700 619700 619700 619700 619700 619700 619700 619700 619700 ISSUE DT --------------VENDOR------------- FUND/DEPT 08/12/05 M2006 08/12/05 218 08/12/05 3348 08/12/05 1958 08/12/05 H04 08/12/05 3117 08/12/05 M2006 08/12/05 996 08/12/05 3083 08/12/05 1434 08/12/05 240 08/12/05 242 08/12/05 243 08/12/05 249 08/12/05 249 08/12/05 249 08/12/05 249 OB/l2/05 249 08/12/05 253 08/12/05260 OB/12/05 260 08/12/05 260 08/12/05 260 08/12/05 260 08/12(05 260 08(12(05 260 08/12/05 260 08/12/05 260 08/12/05 260 08/12(05 260 08(12(05260 08(12(05 260 08(12/05 260 08/12/05 260 08/12/05 260 DESIGN SIGNS DEPT. OF CONSUMER AFFAIR ll08001 5606620 DIRECTV DISPENSING TECHNOLOGY DIVERSIFIED RISK DOLPHIN DESIGN INC DOROW, CARLA DU-ALL SAFETY DYNAMIC GRAPHICS, INC. EDWARD S. WALSH CO. ELIZABETH ANN ELLIS EMPLOYMENT DEVEL DEPT EMPLOYMENT DEVELOPMENT ESBRO CHEMICAL ESBRO CHEMICAL ESBRO CHEMICAL ESBRO CHEMICAL ESBRO CHEMICAL EXCHANGE LINEN SERVICE FEDERAL EXPRESS CORP FEDERAL EXPRESS CORP FEDERAL EXPRESS CORP FEDERAL EXPRESS CORP FEDERAL EXPRESS CORP FEDERAL EXPRESS CORP FEDERAL EXPRESS CORP FEDERAL EXPRESS CORP FEDERAL EXPRESS CORP FEDERAL EXPRESS CORP FEDERAL EXPRESS CORP FEDERAL EXPRESS CORP FEDERAL EXPRESS CORP FEDERAL EXPRESS CORP FEDERAL EXPRESS CORP FEDERAL EXPRESS CORP RUN DATE Oa/l1(05 TIME 12;42:26 1103500 2708404 1104540 1108502 5600000 1108201 1103600 1108408 1101070 HO HO 5606620 5606620 5606620 5606620 5606620 5606620 1103300 2709449 1107301 HO 1101500 HO 110 1108602 1107302 1107302 HO HO 1107302 1101000 1103300 2709449 -----DESCRIPTION------ C22046-QUALLS SIGN CHANGE 7(25-8/24 WHITE TRAFFIC PAINT BLOCK PRTY/AUG2005 AQUARIUM SERV AUG2005 OVERPAYMENT REFUND SAFETY CONSULT JULY05 LIQUID LIBRARY AUG05 SUPPLIES TRANSCRIBE JUNE05 SIT/932-0014-S 8DI/776-5260-0 FY 2005-2006 OPEN PURC FY 2005-2006 OPEN PURC FY 2005-2006 OPEN PURC FY 2005-2006 OPEN PURC FY 2005-2006 OPEN.PURC FY 2005-2006 OPEN PURC COURIER SERVICE COURIER SERVICE COURIER SERVICE COURIER SERVICE COURIER SERVICE COURIER SERVICE COURIER SERVICE COURIER SERVICE COURIER SERVICE COURIER SERVICE COURIER SERVICE COURIER SERVICE COURIER SERVICE COURIER SERVICE COURIER SERVICE COURIER SERVICE SALES TAX 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 ,00 0.00 0.00 0.00 - FINANCIAL ACCOUNTING PAGE 4 AMOUNT 150.00 50.00 95.95 3065.75 695.56 1350.00 177.00 625.00 79.00 132.31 1500.00 17033.14 1144.81 530.34 486.41 517.13 540.91 264.64 2339.43 511.44 11.38 145.37 26.30 37.95 26.54 50.60 66.90 38.29 13 .43 14.75 27.57 45.25 49.33 53.95 4.17 30.82 ~-S' O./11/as ACCOUNTING PERIOD: 2/06 CITY OF CUPERTINO SELECTION CRITERIA: transact. trans_date between ~oa/oa/2005" and "o8/l2/2005~ CHECK REGISTER - DISBURSEMENT FUND FUND - 110 - GENERAL FUND TOTAL CHECK CASH ACeT CHECK NO 1020 1020 1020 1020 1020 1020 1020 1020 l020 1020 TOTAL CHBCK 1020 1020 TOTAL CHECK 1020 1020 1020 1020 1020 1020 1020 1020 1020 TOTAL CHECK 1020 1020 619701 619702 619703 619704 619705 619706 619707 619707 619707 619707 619708 619708 619709 619710 619711 619711 619711 619711 619711 619711 619711 61.9712 619713 1020 619714 1020 619714 TOTAL CHECK 1020 1020 1020 1020 1020 1020 619715 619715 61.9715 619715 619715 619715 ISSUE DT --------------VENDOR------------- FUND/DEPT Ds/ufos 2207 oa/12/05 2619 08/12/05 262 08/12/05 2843 08/12/05 274 08/12/05 M2006 08/12/05 08/12/05 08/12/05 08/12/05 281 2B1 281 281 FERRIS HOIST 6308840 08/12/05 08/12/05 1651 1651 GENEVIEVE FIRE 2308004 08/12/05 M 08/12/05 292 08/12/05 08/12/05 08/12/05 08/12/05 08/12/05 08/12/05 08/12/05 ". ". 29. 2" 29' 29. 29. FIRST PLACE INC 1101000 08/12/05 2500 08/12/05 M2006 08/12/05 3211 08/12/05 3211 08/12/05 334 08/12/05 334 08/12/05 334 08/12/05 334 08/12/05 334 08/12/05 334 FOLGER GRAPHICS INC. 1103400 FRY'S ELECTRONICS 1108408 GABRIEL, CYNTHIA 110 GARDENLAND GARDENLAND GARDENLAND GARDENLAND 6308840 6308840 6308840 6308840 VERA GIL VERA GIL 6104800 1107200 GITNIK, ELENA SBO GOLFLAND USA 5806349 GRAINGER INC GRAINGER INC GRAINGER INC GRAINGER INC GRAINGER INC GRAINGER INC GRAINGER INC 2708405 1108303 5606620 5606620 1108501 1108501 1108512 TERRY GREENE 2709449 HARRINGTON, THOMAS 1100000 HARTFORD-PRIORITY ACerS 110 HARTFORD-PRIORITY ACCTS 110 HOME DEPOT CREDIT SERVIC 1108512 HOME DEPOT CREDIT SERVIC 5606620 HOME DEPOT CREDIT SERVIC 1108303 HOME DEPOT CREDIT SERVIC 1108407 HOME DEPOT CREDIT SERVIC 1108321 HOME DEPOT CREDIT SERVIC 1108501 RUN DATE 08/11/05 TIME 12:42:26 -··-·DESCRIPTION------ SERVICE CALL A27016 SERVICE 5/01-7/30 COMM.RECOGNITION AWD JULY 2005 SCENE SUPPLIES A27021 ARCHITECT DPST REFUND FY 2005-2006 OPEN PURC FY 2005-2006 OPEN PURC FY 2005-2006 OPEN PURe FY 2005·2006 OPEN PURC NORTON ANTI VIRUS eEQA BOOK Refund: Check - SUMMER GOLFING 7/14 A26543 PARTS/SUPPLIES A27018 PARTS/SUPPLIES A27022 PARTS/SUPPLIES A26058 PARTS/SUPPLIES A26058 FY 2005-2006 OPEN PURC FY 2005-2006 OPEN PURC FY 2005~2006 OPEN PURC MARY AVE BRIDGE MTG DIFF NEGDEC MNR/CATEG LIFE INSURANCE AD & D PARTS/SUPPLIES PARTS/SUPPLIES A26053 PARTS/SUPPLIES A27003 PARTS/SUPPLIES A27000 PARTS/SUPPLIES 27522 PARTS/SUPPLIES 27248 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 5 AMOUNT 642.60 48L40 254L25 889.97 2675.00 354.38 717.50 4.68 45.22 243.35 28.69 32L94 24.95 70.35 95.30 249.75 195.00 100.35 274.31 437.16 54.48 17L99 28.66 183.15 1250.10 98.57 1452.00 5465.25 910.88 6376.13 30.16 421.74 118.88 85.73 25.92 17.09 ~ ~~ 08/11/05 ACCOONTING PERIOD: 2/06 CITY OF CUPERTINO CHECK REGISTER - DISBURSEMENT FUND SELECTION CRITERIA: transact. trans date between ~OB/OB/2005ft and "08/~2/2005~ FUND - 110 - GENERAL FUND CASH ACCT CHECK NO 1020 619715 1020 619715 1020 619715 1020 619715 1020 619715 1020 619715 1020 619715 1020 619715 1020 619715 TOTAL CHECK 1020 1020 TOTAL CHECK 1020 1020 1020 1020 TOTAL CHECK 1020 1020 619716 619716 619717 619717 619717 619717 619718 619719 1020 619720 1020 619720 TOTAL CHECK 1020 1020 1020 1020 1020 1020 1020 1020 1020 TOTAL CHECK 1020 1020 1020 TOTAL CHECK 1020 1020 619721 619722 619723 619724 619724 619724 619724 619724 619724 619725 619726 619726 619727 61.9727 ISSUE DT --------------VENDOR------------- FUND/DEPT 08/12/05 334 08/12/05 334 08/12/05 334 08/12/05 334 08/12/05 334 08/12/05 334 08/12/05 334 08/12/05 334 08/12/05 334 08/12/05 1951 08/12/05 1951 08/12/05 1898 08/12/05 1898 08/12/05 1898 08/12/05 189B 08/12/05 2027 08/12/05 343 08/12/05 995 08/12/05 995 08/12/05 1981 08/12/05 M2006 08/12/05353 08/12/05 369 08/12/05 369 08/12/05 369 08/12/05 369 08/12/05 369 08/12/05 369 08/12/05 2292 08/12/05 1972 08/12/05 1972 08/12/05 3067 08/12/05 3067 HOME DEPOT CREDIT SERVIC 5606620 HOME DEPOT CREDIT SERVIC 1108303 HOME DEPOT CREDIT SERVIC 5606620 HOME DEPOT CREDIT SERVIC 1108408 HOME DEPOT CREDIT SERVIC 1108408 HOME DEPOT CREDIT SBRVIC 1108409 HOME DEPOT CREDIT SERVIC 1108314 HOMB DBPOT CREDIT SERVIC 1108303 HOME DEPOT CREDIT SERV!C 1108408 HOMESTEAD F.F.C. INC HOMESTEAD F.F.C. INC 5806349 5806349 HORIZON HORIZON HORIZON HORIZON 1108407 1108303 1108312 1108312 MARSHA HOVEY 1104400 ICMA RETIREMENT TRUST-45 110 INSERV COMPANY INSERV COMPANY 1108501 1108504 INTERSTATE TRAFFIC CONTR 2708404 IPMA - HR 1104510 IRON MOUNTAIN 1104300 KELLY-MOORE PAINT CO INC 1108406 KELLY-MOORE PAINT CO INC 1108512 KELLY~MOORE PAINT CO INC 1108501 KELLY-MOORE PAINT CO INC 1108512 KELLY-MOORE PAINT CO INC 2708404 KELLY-MOORE PAINT CO INC 1108501 KIBR & WRIGHT 4279112 KIMBALL-MIDWEST KIMBALL-MIDWEST 6308840 6308840 KMì1T 15 KMVT 15 1101031 1101031 RUN DATE 08/11/05 TIME 12:42:26 -----DBSCRIPTION------ PARTS/SUPPLIES A26057 PARTS/SUPPLIBS 27544 PARTS/SUPPLIES A26055 PARTS/SUPPLIES A26794 PARTS/SUPPLIES A26782 PARTS/SUPPLIES 20388 PARTS/SUPPLIES 27528 PARTS/SUPPLIES 27532 PARTS/SUPPLIES 27545 BOWLING 8/9 A26555 BOWLING 8/08 A26553 FY 2005-2006 OPEN PURe FY 2005-2006 OPEN PURC FY 2005-2006 OPEN PURe FY 2005-2006 OPEN PURC KALEIDOSCOPE/CERT *ICMA WATER TRTMNT AUG05 WATER TRTMNT AUG05 GLASS BEADS #85859 RNWL/S.ABE FY 2005-2006 OPEN PURC PAINT SUPPLIES A27013 PAINT SUPPLIES PAINT SUPPLIES PAINT SUPPLIES PAINT SUPPLIES A27009 PAINT SUPPLIES 27262 SERVICE AGREEMENT FOR SUPPLIES SUPPLIES ACCESS FEE JULY2005 INFONET INSTALL 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 ~ FINANCIAL ACCOUNTING PAGE 6 AMOUNT 597.73 23.21 535.51 219.64 269.48 52.37 24.78 25.96 43.15 2491.35 222.00 204.00 426.00 158.66 80.07 524.97 2261.60 3045.50 113.92 8105.20 253.84 253.65 507.69 2078.40 145.00 426.04 509.47 17.45 9.06 20.13 509.48 30.44 1096.03 21329.50 35.01 -10.23 24.78 3789.16 1500.00 ~-7 OB/n/05 ACCOUNTING PERIOD: 2/06 CITY OF CUPERTINO CHECK REGISTER - DISBURSEMENT FUND SELECTION CRITERIA: transact. trans_date between "08/08/2005" and "08/12/2005" FUND - 110 - GENERAL FUND TOTAL CHECK CASH ACCT CHECK NO 1020 1020 1020 TOTAL CHECK 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 613728 619728 619728 613723 619730 619731 619731 619732 619733 619734 619735 619736 619737 619738 619738 619739 619740 619741 619742 619743 619743 619743 619743 619743 619743 619743 619743 619743 619743 619743 619743 ISSUE DT -------------~VENDOR---~--------- FUND/DBPT OB/12/05 08/12/05 08/12/05 3313 3313 3313 KOHLWBISS AUTO PARTS KOHLWBISs AUTO PARTS KOHLWEISS AUTO PARTS 6308840 6308B40 6308B40 LEE WAYNE CORPORATION LEAGUE OF CALIFORNIA CIT 1101000 1103300 LYNX TECHNOLOGIES LYNX TECHNOLOGIES MAHONEY, ORRIN ** MEYERS NAVE MISDU NAESAA 6104800 6109853 1106448 1104330 no 1101200 NEMETZ, SCOTT NATIONAL DEFERRED COM PEN 110 5606620 NEW PIG CORP NEW PIG CORP NEWMAN TRAFFIC SIGNS NORTHAIRE SUPPLY CO DEBBIE O'NEILL 1108005 1108005 2708405 1108511 O.K. FIRE EQUIPMENT COMP 1104400 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 RUN DATE 08/11/05 TIME 12:42:26 08/12/05 392 OS/12/0S nS5 OS/12/05 08/12/05 2356 2356 08/12/05 M2006 OB/12/05 3287 OB/12/05 2567 08/12/05 M2006 08/.12/05 302 OB/12/05 ME2006 08/12/05 OB/12/0S 484 4B4 OS/12/0S 4BS OB/12/05 4B7 08/12/05 499 OB/12/05 2206 08/12/05 493 OS/12/05 493 OB/12/05 493 08/12/05 493 OB/12/05 493 OB/12/05493 08/12/05 493 08/12/05 493 08/12/05 493 08/12/05 493 08/12/05 493 08/12/05 493 1104100 5806449 1108005 5806249 1104310 1107503 1104000 5806349 1107301 1108408 1107301 1107405 -----DESCRIPTION------ FY 2005-2006 OPEN PURC FY 2005-2006 OPEN PURC FY 2005-2006 OPEN PURC REGISTER/WANG 10/5-8 TOTE W/CUPERTINO LOGO 05/05 GIS DATA MAINT. LINKING MASTER DB OVER 4TH JLY COSTUME RNTL BRIT V. COUNCIL J TRYBUS 385960533 2 YR MBRSHP NAESAA *NAT'L DEF SUPPLIES SUPPLIES SUPPLIES FY 2005-2006 OPEN PURC SUPPLIES SERVICE AGREEMENT FOR CHRG EXTINGUISHERS OFFICE SUPPLIES OFFICE SUPPLIES OFFICE SUPPLIES OFFICE SUPPLIES OFFICE SUPPLIES OFFICE SUPPLIES OFFICE SUPPLIES OFFICE SUPPLIES OFFICE SUPPLIES OFFICE SUPPLIES 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 .00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 - FINANCIAL ACCOUNTING PAGE 7 AMOUNT 5289.16 13.80 56.01 86.12 155.93 400.00 961.55 1590.00 210.00 1800.00 27.06 26147.85 221.50 65.00 16950.37 111. 37 135.25 401. 20 536.45 1051.50 B6.06 350.00 102.45 171. 61 7.27 54.58 144.90 84.31 61.00 268.04 42.95 53.96 80.29 22.56 56.23 ~-g oe)U/05 CITY OF CUPERTINO PAGE B ACCOUNTING PERIOD: 2/06 CHECK REGISTER DISBURSEMENT FUND SBLECTION CRITERIA: transact. trans_date between ~08/0B/2005" and "08/12/2005" FUND - 110 - GENERAL FUND CASH ACCT CHECK NO ISSUE DT --------------VENDOR------------- FUND/DEPT -----DESCRIPTION------ SALES TAX AMOUNT TOTAL CHECK 0.00 1047.70 1020 619744 08/12/05 501 OPERATING ENGINEERS #3 110 UNION DUES 0.00 700.58 1020 619745 OS/12/05 1220 ORCHARD SUPPLY HARDWARE 1106501 ON-TIME DISC. JUL2005 0.00 -12.42 1020 619745 OS/12/05 1220 ORCHARD SUPPLY HARDWARE 110S503 PARTS/SUPPLIES 0.00 36.84 1020 619745 08/12/05 1220 ORCHARD SUPPLY HARDWARE 570S510 PARTS/SUPPLIES 0.00 25 ,35 1020 619745 08/12/05 1220 ORCHARD SUPPLY HARDWARE 570S510 PARTS/SUPPLIES 0.00 9 .1B 1020 619745 OS/12/05 1220 ORCHARD SUPPLY HARDWARE 1108501 PARTS/SUPPLIES 0.00 64 .94 1020 619745 OS/12/05 1220 ORCHARD SUPPLY HARDWARE 110S502 PARTS/SUPPLIES 0.00 16.23 TOTAL CHECK 0.00 140.12 1020 619746 OS/12/05 981 ORCHARD SUPPLY HARDWARE 110S407 PARTS/SUPPLIES A2 6777 0 ,00 510.19 1020 619746 08/12/05 981 ORCHARD SUPPLY HARDWARE 1108409 PARTS/SUPPLIES 27264 0 ,00 43.25 1020 619746 OS/12/05 981 ORCHARD SUPPLY HARDWARE 1108005 PARTS/SUPPLIES 27452 .00 25.41 1020 619746 OS/12/05 981 ORCHARD SUPPLY HARDWARE 110S314 PARTS/SUPPLIES 27543 .00 47.90 1020 619746 08/12/05 981 ORCHARD SUPPLY HARDWARE 1108315 PARTS/SUPPLIES 27501 0 .00 43.80 1020 619746 OB/12/05 981 ORCHARD SUPPLY HARDWARE 110S407 PARTS/SUPPLIES 20173 O. 00 34.68 1020 619746 OS/12/05 981 ORCHARD SUPPLY HARDWARE 1108005 PARTS/SUPPLIES 27453 0.00 45.1S 1020 619746 08/12/05 981 ORCHARD SUPPLY HARDWARE 1108303 PARTS/SUPPLIES 130S4 0 .00 11 .89 1020 619746 08/12/05 981 ORCHARD SUPE>LY HARDWARE 110S314 PARTS/SUPPLIES A26791 0 .00 307 ,96 1020 619746 08/12/05 981 ORCHARD SUPPLY HARDWARE 110S303 PARTS/SUPPLIES 27530 0 ,00 29 , 50 TOTAL CHECK 0.00 1099. 76 1020 619747 08/12/05 B33 P E R S 110 PERS EMPLOYEE 0.00 25919.88 1020 619747 08/12/05 833 P E R S 110 RETRO 0.00 25.07 1020 619747 08/12/05 833 P E R S 110 BUYBACK 0.00 54.34 1020 619747 08/12/05 B33 P E R S 110 SPECIAL 0 ,00 156 ,11 1020 619747 08/12/05 B33 P E R S 110 BUYBACK O. 00 1883. 87 1020 619747 08/12/05 833 P E R S 110 1959 0, 00 111. 60 TOTAL CHECK 0.00 2B150. 87 1020 619748 OS/12/05 833 P E R S 110 1959 .00 2, 00 1020 61974S 08/12/05 833 P E R S 110 COUNCIL EMPLOYEE .00 216 ,60 TOTAL CHECK .00 2lB ,60 1020 619749 08/12/05 513 PACIFIC GAS & ELECTRIC 1108407 6/30-7/30 O. 00 .42 1020 619749 OS/12/05 513 PACIFIC GAS & ELECTRIC 1108508 7/07-S/06 O. 00 162 .45 1020 619749 OS/12/05 513 PACIFIC GAS & ELECTRIC 1108602 6/30-8/01 O. 00 35.30 1020 619749 08/12/05 513 PACIFIC GAS & ELECTRIC 5606620 6/25-7/27 O. 00 .B1 1020 619749 08/12/05 513 PACIFIC GAS & ELECTRIC 5606620 6/25-7/27 0, 00 no .5B 1020 619749 08/12/05 513 PACIFIC GAS & ELECTRIC 1108506 6/28-7/27 4H 0 ,00 54 .48 1020 619749 08/12/05 513 PACIFIC GAS & ELECTRIC 1104400 6/30-8/01 0 ,00 104 .30 TOTAL CHECK 0, 00 481 .34 1020 619750 OS/12/05 513 PACIFIC GAS & ELECTRIC 110SS30 5/28-8/01 0 ,00 5l. B7 1020 619750 08/12/05 513 PACIFIC GAS & ELECTRIC 5208003 5/28-8/01 0 ,00 9, 12 1020 619750 08/12/05 513 PACIFIC GAS & ELECTRIC 5606640 5/28-S/01 0, 00 254. 81 1020 619750 08/12/05 513 PACIFIC GAS & ELECTRIC 110S513 5/28-8/01 ,00 764. 64 1020 619750 08/12/05 513 PACIFIC GAS & ELECTRIC 110S511 5/28-8/01 0 ,00 362 ,77 1020 619750 08/12/05 513 PACIFIC GAS & ELECTRIC 1108507 5/28-8/01 0, 00 1346. 82 RUN DATE 08/11/05 TIME 12:42:26 - FINANCIAL ACCOUNTING ~ -1 OS/U/05 ACCOUNTING PERIOD: 2/06 CITY OF CUPERTINO CHECK REGISTER - DISBURSEMENT FUND SELECTION CRITERIA: transact. trans_date between "OS/OS/2005" and "08/12/2005" FUND - 110 - GENERAL FUND CASH ACCT CHECK NO 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 1020 1020 1020 1020 TOTAL CHECK 1020 1020 619750 619750 619750 619750 619750 619750 619750 619750 619750 619750 619750 619750 619750 619751 619752 619752 619752 619752 619753 619754 619755 619756 619756 619756 619756 619756 619756 619756 619757 619758 1020 619759 1020 619759 TOTAL CHECK 1020 1020 1020 1020 619760 619761 619761 619761 ISSUE DT --------------VENDOR------------- FUND/DEPT 08/12/05 08/12/05 08/12/05 OS/12/05 OS/12/05 OS/12/05 OS/12/05 OS/12/05 OS/12/05 OS/12/05 OS/12/05 OS/12/05 OB/12/05 oe/12/05 515 08/12/05 OB/12/05 OS/12/05 OB/12/05 OB/12/05 690 08/12/05 533 OS/12/05 3341 OB/12/05 OS/12/05 OB/12/05 OS/12/05 OS/12/05 OS/12/05 oe/12/05 OS/12/05 3220 OB/12/053072 08/12/05 24S2 08/12/05 2482 08/12/05 1417 OS/12/05 2043 08/12/05 2043 08/12/05 2043 513 513 513 513 513 513 513 513 513 513 513 513 513 526 526 526 526 509 509 509 509 509 509 509 PACIFIC GAS & ELECTRIC PACIFIC GAS & ELECTRIC PACIFIC GAS & ELECTRIC PACIFIC GAS & ELECTRIC PACIFIC GAS & ELECTRIC PACIFIC GAS & ELECTRIC PACIFIC GAS & ELECTRIC PACIFIC GAS & ELECTRIC PACIFIC GAS & ELECTRIC PACIFIC GAS & ELECTRIC PACIFIC GAS & ELECTRIC PACIFIC GAS & ELECTRIC PACIFIC GAS & ELECTRIC 5606620 1108312 1108602 1108506 1108505 1108504 5708510 1108503 1108303 1108501 1108407 110B315 110S314 PACIFIC WEST SECURITY IN 110S504 PENINSULA DIGITAL IMAGIN 110 PENINSULA DIGITAL IMAGIN 110 PENINSULA DIGITAL IMAGIN 110S101 PENINSULA DIGITAL IMAGIN 2709449 PENINSULA FORD PERS LONG TERM CARE PROG 110 POLYTRON CORPORATION PW SUPERMARKETS INC PW SUPERMARKETS INC PW SUPERMARKETS INC PW SUPERMARKETS INC PW SUPERMARKETS INC PW SUPERMARKETS INC PW SUPERMARKETS IMC RACE STREET FOODS RESCO PLASTICS IMC ROBERT HALF TECHNOLOGY ROBERT HALF TECHNOLOGY JENNIFER ROZWOOD RUDE'S PEST MANAGEMENT RUDE'S PEST MANAGEMENT RUDE'S PEST MANAGEMENT RUN DATE OS/11/05 TIME 12:42:26 630BB40 1103500 1106342 5806349 110644S 5806649 5806649 5806649 5506549 5606620 520S003 6104BOO 6104800 5606620 110B501 1108503 110S504 -----DBSCRIPTION------ 5/2B-8/01 5/2B-8/01 5/2B-8/01 5/28-8/01 5/2S-S/01 5/28-8/01 5/2B-8/01 5/2B-S/Ol 5/28-8/01 5/28-S/01 5/2B-8/01 5/28-B/Ol 5/28-8/01 SERVICE CALL 7/02 IMPROVE PLANS IMPROVE PLANS MISC. SUPPLIES MARY AVE PLANS FY 2005-2006 OPEN PURC PERS LTC/2405 REPLACE EXTERNAL ANTEN SUPPLIES 25SS4 SUPPLIES 25874 SUPPLIES A26534 SUPPLIES SUPPLIES SUPPLIES SUPPLIES FY 2005-2006 OPEN PURC PLASTIC LUMBER TO REPA K.STAMES W/E 8/05 K.STAMES W/E 7/29 SERVICE AGREEMENT FOR RODENT CONTROL RODENT CONTROL RODENT CONTROL 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 - FINANCIAL ACCOUNTING PAGE 9 AMOUNT 2929.11 414 .61 2385.5S 245.22 2S62.52 8665.8B 5607.36 lS45.S5 5963.92 607B.S4 3322.66 lS4.90 249.80 43546.2B 275.00 507.30 132.44 207.30 55.42 902.46 36.95 104.42 5123.S6 49.69 25.59 81.95 12.22 S.06 14.01 S6.39 277.91 4885.86 4602.32 1520.00 1520.00 3040.00 150.00 lS0.00 180.00 lS0.00 ~-rD OB/ll/0S CITY OF CUFERTINO FAGE 1Q ACCOUNTING PERIOD: 2/06 CHECK REGISTER - DISBURSEMENT FUND SELECTION CRITERIA: transact . trans_date between "08/08/2005" and "08/12/2005" FUND - 110 - GENERAL FUND CASH ACCT CHECK NO ISSUE DT --------------VENDOR------------- FUND/DEFT -----DESCRIPTION------ SALES TAX AMOUNT 1020 619761 08/12/05 2043 RUDE'S PEST MANAGEMENT 1108505 RODENT CONTROL 0.00 180.00 1020 619761 08/12/05 2043 RUDE'S PEST MANAGEMENT 1108506 RODENT CONTROL 0.00 180.00 TOTAL CHECK 0.00 900.00 1020 619762 08/12/05 3384 SABER 2708403 CONCRETE WORK 0.00 658.00 1020 619763 OS/12/05 6n THE MERCURY NEWS 1104510 AD/RECREATION COORD. 0.00 777.7S 1020 619763 08/12/05 621 THE MERCURY NEWS 5606640 ADVERTISE JULY2005 0.00 120 .00 TOTAL CHECK 0.00 897 .78 1020 619764 OS/12/05 959 THE MERCURY NEWS 1104000 8/23-10/31 0.00 37.89 1020 619768 08/12/05 625 SAN JOSE WATER COMPANY 1108407 6/21-7/20/05 0.00 94.63 1020 619768 08/12/05 625 SAN JOSE WATER COMPANY 1108407 6/21-7/20/05 0, 00 136. 63 1020 619768 08/12/05 625 SAN JOSE WATER COMPANY 1108407 6/21-7/20/05 0, 00 38. 90 1020 619768 08/12/05 625 SAN JOSE WATER COMPANY 1108407 6/21-7/20/05 0.00 38.90 1020 619768 08/12/05 625 SAN JOSE WATER COMPANY 1108407 6/21-7/20/05 0 ,00 34.71 1020 619768 08/12/05 625 SAN JOSE WATER COMPANY 1108407 6/21-7/20/05 O. 00 20.43 1020 61976S 08/12/05 625 SAN JOSE WATER COMPANY 1108407 6/21-7/20/05 0.00 12.02 1020 619768 OS/12/05 625 SAN JOSE WATER COM PANY 1108407 6/21-7/20/05 0 ,00 3B.90 1020 619768 08/12/05 625 SAN JOSE WATER COM PANY 1108407 6/21-7/20/05 0 ,00 720. 43 1020 619768 08/12/05 625 SAN JOSE WATER COMPANY 1108407 6/21-7/20/05 0, 00 24l. 63 1020 619768 08/12/05 625 SAN JOSE WATER COMPANY 1108312 6/21-7/20/05 0 ,00 1389. 18 1020 619768 08/12/05 625 SAN JOSE WATER COM PANY 1108407 6/21-7/20/05 0, 00 12l. 93 1020 61976B 08/12/05 625 SAN JOSE WATER COMPANY 5708510 6/21-7/20/05 0, 00 324.47 1020 619768 OB/12/05 625 SAN JOSE WATER COMPANY 110B40B 6/21-7/20/05 0 ,00 120. 14 1020 619768 08/12/05 625 SAN JOSE WATER COMPANY 1108504 6/21-7/20/05 0 .00 87, 17 1020 61976B OB/12/05 625 SAN JOSE WATER COMPANY 1108504 6/21-7/20/05 O. 00 97 . 66 1020 619768 08/12/05 625 SAN JOSE WATER COMPANY 1108303 6/21-7/20/05 0 ,00 78 .77 1020 619768 OB/12/05 625 SAN JOSE WATER COMPANY 1108303 6/21-7/20/05 O. 00 342S .29 1020 619768 OB/12/05 625 SAN JOSE WATER COMPANY 1108407 6/21-7/20/05 O. 00 38.90 1020 619768 08/12/05 625 SAN JOSE WATER COMPANY 1108407 6/21-7/20/05 O. 00 95.57 1020 619768 03/12/05 625 SAN JOSE WATER COMPANY 5606640 6/21-7/20/05 0, 00 6619.97 1020 619768 08/12/05 625 SAN JOSE WATER COMPANY 1108504 6/28-7/28/05 O. 00 9. 00 1020 619768 08/12/05 625 SAN JOSE WATER COMPANY 5606620 6/21-7/20/05 O. 00 412. 67 1020 619768 08/12/05 625 SAN JOSE WATER COMPANY 5606620 6/21-7/20/05 O. 00 500 ,88 1020 619768 08/12/05 625 SAN JOSE WATER COMPANY 1108312 6/21-7/20/05 a. 00 1439 .58 1020 619768 08/12/05 625 SAN JOSE WATER COMPANY 1108312 6/21~7/20/05 O. 00 2740. 41 1020 619768 08/12/05 625 SAN JOSE WATER COMPANY 1108407 5/31-7/28/05 a. 00 28, 64 1020 619768 OB/12/05 625 SAN JOSE WATER COMPANY 110B505 6/21-7/20/05 .00 360. 18 1020 619768 08/12/05 625 SAN JOSE WATER COM PANY 1108505 6/28-7/27/05 0.00 9 , oa 1020 619768 08/12/05 625 SAN JOSE WATER COMPANY 1108513 6/21-7/20/05 a, 00 33 , oa 1020 619768 OB/12/05 625 SAN JOSE WATER COMPANY 110B512 6/28-7/27/05 a, oa 52 ,61 1020 61976B 08/12/05 625 SAN JOSE WATER COMPANY 1108512 6/21-7/20/05 0 ,00 126. 09 1020 61976B 08/12/05 625 SAN JOSE WATER COMPANY 1108512 6/21-7/20/05 0 ' oa 940.42 1020 619768 08/12/05 625 SAN JOSE WATER COMPANY 110B314 6/21-7/20/05 0, 00 1736 . BS 1020 61976B OS/12/05 625 SAN JOSE WATER COMPANY 1108321 6/21-7/20/05 0 ,00 192 .28 1020 61976B OS/12/05 625 SAN JOSE WATER COMPANY 1108315 6/21-7/20/05 a , oa 2205 .81 1020 619768 08/12/05 625 SAN JOSE WATER COMPANY 110S315 6/21-7/20/05 0 , oa 320 .41 1020 619768 08/12/05 625 SAN JOSE WATER COMPANY 1108314 6/21-7/20/05 O. oa 2334 ,64 1020 619768 08/12/05 625 SAN JOSE WATER COMPANY 1108407 6/21-7/20/05 a. oa 2455 ,63 RUN DATE OB/l1/05 TIME 12:42:26 - FINANCIAL ACCOUNTING ~~[/ a~JllJas CITY OF CUFERTINO PAGB 11 ACCOUNTING PERIOD: 2/06 CHECK REGISTER - DISBURSEMENT FUND SELECTION CRITERIA: transact. trans_date between "08/08/2005" and "08/12/2005" FUND - 110 - GENERAL FUND CASH ACCT CHBCK NO ISSUE DT --------------VBNDOR------------- FUND/DEPT -----DBSCRIPTION-~---· SALES TAX AMOUNT 1020 619768 08/12/05 625 SAN JOSE WATER COMPANY 1109407 6/21-7/20/05 0.00 2519.70 1020 619768 08/12/05 625 SAN JOSE WATER COMPANY 1108315 6/28-7/27/05 0.00 52.61 1020 619768 08/12/05 625 SAN JOSE WATER COMPANY 1108315 6/21-7/20/05 0.00 4078.41 1020 619768 08/12/05 625 SAN JOSE WATER COMPANY 1108315 6/21-7/20/05 0.00 81.16 1020 619768 08/12/05 625 SAN JOSE WATER COMPANY 1108407 6/21-7/20/05 0.00 40.03 1020 619768 08/12/05 625 SAN JOSE WATER COMPANY 1108407 6/21-7/20/05 0.00 42.13 1020 619768 08/12/05 625 SAN JOSE WATER COMPANY 1108506 6/21-7/20/05 O. 00 99.82 1020 619768 08/12/05 625 SAN JOSE WATER COMPANY 1108407 6/21-7/20/05 0, 00 16.22 1020 619768 08/12/05 625 SAN JOSE WATER COMPANY 1108407 6/21-7/20/05 0 ,00 155.52 1020 619768 08/12/05 625 SAN JOSE WATER COMPANY 1108407 6/21-7/20/05 .00 22.11 1020 619768 08/12/05 625 SAN JOSE WATER COMPANY 1108407 6/21-7/20/05 0.00 20.01 1020 619768 08/12/05 625 SAN JOSE WATER COMPANY 1108407 6/21-7/20/05 0.00 131.27 1020 619768 08/12/05 625 SAN JOSE WATER COMPANY 1108407 6/21-7/20/05 O. 00 34.71 1020 619768 08/12/05 625 SAN JOSE WATER COMPANY 1108321 6/28-7/28/05 0 ,00 52.61 1020 619768 08/12/05 625 SAN JOSE WATER COMPANY 5606620 6/21-7/20/05 0 ,00 12.02 1020 619768 08/12/05 625 SAN JOSE WATER COMPANY 1108314 6/21-7/20/05 0 ,00 S03 .27 1020 619768 08/12/05 625 SAN JOSE WATER COMPANY 1108506 6/21-7/20/05 ,00 SO. n 1020 619768 08/12/05 625 SAN JOSE WATER COMPANY 1108407 6/21-7/20/05 0, 00 20. 01 1020 619768 08/12/05 625 SAN JOSE WATER COMPANY 110B407 6/21-7/20(05 0 .00 51 ,51 1020 619768 08/12/05 625 SAN JOSB WATER COMPANY 110B407 6/21-7/20/05 0.00 211 ,11 1020 619768 08/12/05 625 SAN JOSE WATER COMPANY 5606620 6/21-7/20/05 0.00 265.67 1020 619768 08/12/05 625 SAN JOSE WATER COMPANY 1108407 6/21-7/20/05 0.00 40.03 1020 619768 08/12/05 625 SAN JOSE WATER COMPANY 5708510 6/21-7/20/05 O. 00 335.57 1020 619768 08/12/05 625 SAN JOSE WATER COMPANY 1108303 6/21-7/20/05 0 ,00 389.57 1020 619768 08/12/05 625 SAN JOSE WATER COMPANY 1108303 6/21-7/20/05 0 ,00 1235.88 1020 619768 08/12/05 625 SAN JOSE WATER COMPANY 1108303 6/21-7/21/05 0, 00 2151.49 1020 619768 08/12/05 625 SAN JOSE WATER COMPANY 1108503 6/21-7/20/05 0 ,00 316.08 1020 619768 08/12/05 625 SAN JOSE WATER COMPANY 1108312 6/01-7/28/05 0, 00 3703.40 1020 619768 08/12/05 625 SAN JOSE WATER COMPANY 1108407 6/21-7/20/05 0.00 127. 07 1020 619768 08/12/05 625 SAN JOSE WATER COMPANY 1108314 6/21-7/20/05 ,00 313 .97 1020 619768 08/12/05 625 SAN JOSE WATER COMPANY 1108314 6/21-7/20/05 O. 00 278 ,27 1020 619768 08/12/05 625 SAN JOSE WATER COMPANY 1108507 6/21-7/20/05 .00 137. 57 1020 619768 08/12/05 625 SAN JOSE WATBR COMPANY 1108314 6/21-7/20/05 O. 00 S05 ,38 1020 619768 08/12/05 625 SAN JOSE WATER COMPANY 1108314 6/21-7/20/05 0 ,00 933 , " 1020 619768 08/12/05 625 SAN JOSE WATER COMPANY 1108302 6/21-7/20/05 0 ,00 .11 , " 1020 619768 09/12/05 625 SAN JOSE WATER COMPANY 1108314 6/21-7/20/05 0.00 2085 ,74 1020 619768 08/12/05 625 SAN JOSE WATER COMPANY 1108314 6/28-7/28/05 0 ,00 9 ,00 1020 619768 08/12/05 625 SAN JOSE WATER COMPANY 5708510 6/28-7/28/05 0 ,00 9, 00 TOTAL CHECK 0, 00 52151 .32 1020 619769 08/12/05 M2006 SANCO PIPELINE 1100000 OVERTIME INSPECTION 0.00 362.88 1020 619770 08/12/05 3374 RACHELLE SANDER 5806349 BUS FARE AUG2005 ,00 211- 50 1020 619770 08/12/05 3374 RACHELLE SANDER 5806349 BUS FARB AUG2005 ,00 412 .50 TOTAL CHECK 0, 00 624. 00 1020 619771 08/12/05 30B SANTA CLARA COUNTY 5208003 2006 JUNK MAIL REDUC. 0.00 600.00 1020 619772 08/12/05 1150 WELLS FARGO FINANCIAL LE 1101201 USAGE 5/2-8/2 ,00 5.55 1020 619772 08/12/05 1150 WELLS FARGO FINANCIAL LE 1103300 USAGE 5/2-8/2 .00 2 .25 1020 619772 08/12/05 1150 WELLS FARGO FINANCIAL LB 1104000 USAGE 5/2-8/2 0, 00 60. 00 RUN DATE OB/11/05 TIME 12:42:26 - FINANCIAL ACCOUNTING ~1~ 08/11/05 CITY OF CUPERTINO PAGE 12 ACCOUNTING PERIOD: 2/06 CHECK REGISTER - DISBURSEMENT FUND SELECTION CRITERIA: transact . trans - date between "OB/OB/2005" and "OB/~2/2005" FUND - 110 - GENERAL FUND CASH ACCT CHECK NO ISSUE DT -------·------VENDOR------------- FUND!DEPT -----DESCRIPTION------ SALES TAX AMOUNT 1020 619772 08/U/05 1150 WELLS FARGO FINANCIAL LB 1104510 USAGE 5/2-8/2 0.00 23.10 1020 619772 OB/U/05 1150 WELLS FARGO FINANCIAL LE 1106100 USAGE 5/2-8/2 0.00 13 .50 1020 619772 OB/12/05 1150 WELLS FARGO FINANCIAL LE 1104400 USAGE 5/2-8/2 0 ,00 19.50 1020 619772 08/12/05 1150 WELLS FARGO FINANCIAL LB 1107301 USAGE 5/2-B/2 0. 00 401.85 1020 619772 08/12/05 1150 WELLS FARGO FINANCIAL LB 110B101 USAGE 5/2-8/2 0. 00 95.25 1020 619772 08/12/05 1150 WELLS FARGO FINANCIAL LB 1104310 USAGE 5/2-8/2 0 ,00 5625.39 TOTAL CHECK 0 .00 6246.39 1020 619773 08/12/05 2692 SBe 1108504 7/26-8/25 0.00 7B .06 1020 619773 OB/12/05 2692 SBC 1108501 7/28-8/27 0.00 65.31 TOTAL CHECK 0.00 143.37 1020 619774 08/12/05 2692 SBe 1108509 7/28-8/27 0 ,00 55.80 1020 619774 08/12/05 2692 SBe 1108201 7/28-8/27 ° .00 254. 67 1020 619774 08/12/05 2692 SBe 5606620 7/28-8/27 o. 00 163 ,71 1020 619774 08/12/05 2692 SBe 5606640 7/28-8/27 0, 00 174.57 1020 619774 08/12/05 2692 SBe 1108503 7/28-8/27 0.00 55.79 1020 619774 08/12/05 2692 SBe 1108507 7/28-8/27 ° .00 55 ,80 1020 619774 08/12/05 2692 SBe 1108508 7/28-8/27 0 ,00 61 .69 1020 619774 OB/12/05 2692 SBe 1108501 7/28-8/27 ° ,00 117.42 TOTAL CHECK ° ,00 939.45 1020 619775 08/12/05 511 SBC/MCI 6104800 #0215331 7/1-7/31 ° ,00 590 ,46 1020 619775 08/12/05 511 SEC/MCI 1108501 #0213488 7 /1~7 /31 0 ,00 590 .46 1020 619775 08/12/05 511 SBC/Mcr 1108501 #2713950 7/01-8/06 0 ,00 90. 01 1020 619775 08/12/05 511 SBC/Mcr 1108501 #2719771 7/01-8/06 o. 00 90 ,01 1020 619775 08/12/05 511 SEC/MCI 1108501 #2719421 7/01-8/01 0 ,00 246 ,80 1020 619775 08/12/05 511 SEC/MCI 1101500 #2719421 7/01-8/01 0 .00 246 .BO 1020 619775 08/12/05 511 SBC/Mcr 1108505 #2719421 7/01-8/01 ° .00 246 .80 1020 619775 08/12/05 511 SBC/MCI 5708510 #2719421 7/01-8/01 ,00 246 ,80 1020 619775 OB/12/05 511 SBC/MCI 1101500 #2719770 7/01-8/01 0 ,00 90 ,00 1020 619775 08/12/05 511 SBC/Mcr 1108503 #2719421 7/01-8/01 0, 00 246 .80 1020 619775 08/12/05 511 SEC/MCI 1108504 #2719770 7/01-8/01 0 .00 90 .00 1020 619775 08/12/05 511 SBC/MCI 1108501 #2719770 7/01-8/01 0 .00 90 ,00 1020 619775 08/12/05 511 SEC/MCI 5708510 #2719770 7/01-8/01 0 .00 89 ,99 1020 619775 08/12/05 511 SEC/MCI 1108503 #2719770 7/01-8/01 0, 00 89 ,99 1020 619775 08/12/05 511 SBC/Mcr 5606620 #2719770 7/01-8/01 0 ,00 89 .99 1020 619775 08/12/05 511 SEC/Mcr 1108505 #2719770 7/01-8/01 ° .00 89 ,99 1020 619775 08/12/05 511 SEC/MCI 1108504 #2719421 7/01-8/01 0 .00 493 ,57 TOTAL CHECK 0 ,00 3718 ,47 1020 619776 08/12/05 3334 TRICIA SCHIMPP 1107302 SERVICE AGREEMENT FOR 0.00 3150.00 1020 619777 08/12/05 644 SCREEN DESIGNS 5806349 T-SHIRT CRAZY/SPORTS 0 .00 422.18 1020 619777 OB/12/05 644 SCREEN DESIGNS 5B06349 T-SHIRT NATURE eAMP 0, 00 1017. 55 1020 619777 08/12/05 644 SCREEN DESIGNS 5806349 T-SHIRT DAY CAMP 0 ,00 622 ,4' 1020 619777 08/12/05 64' SCREEN DESrGNS 5806349 T-SHIRT CAMP CALI 0 ,00 433 .00 1020 619777 OB/12/05 644 SCREEN DESIGNS 5806349 T-SHIRT ADVENTURE ATM 0 .00 535 .84 1020 619777 OB/12/05 644 SCREEN DESIGNS 5806349 T-SHIRT JR.DAY eAMP .00 627 , B5 1020 619777 08/12/05 644 SCREEN DESIGNS 5806349 T-SHIRT/SUMMER SClENC 0, 00 696 ,98 1020 619777 08/12/05 644 SCREEN DESIGNS 5806349 T-SHIRT EXTREME SClEN 0 ,00 427 ,59 RUN DATE 08/11/05 TIME 12:42:26 - FINANCIAL ACCOUNTING ~~(3 OB/ll/o; CITY OF CUPERTINO PAGE 13 ACCOUNTING PERIOD: 2/06 CHECK REGISTER DISBURSEMENT FUND SELECTION CRITERIA: transact. trans_date between ~OB/08/2005" and "OB/12/2005" FUND - 110 - GENERAL FUND CASH ACCT CHECK NO ISSUE DT --------------VBNDOR------------- FUND IDE pT -----DESCRIPTION------ SALES TAX AMOUNT TOTAL CHECK 0.00 4783.43 1020 619778 OB/12/05 2810 SMART & FINAL 1106344 SUPPLIES A26567 0.00 122.58 1020 619778 08/12/05 2810 SMART & FINAL 5706450 SUPPLIES A25683 0.00 108.37 1020 619778 08/12/05 2810 SMART & FINAL 1106344 SUPPLIES A25639 0.00 165.22 1020 619778 Ds/ufos 2810 SMART & FINAL 5806349 SUPPLIES A25639 0.00 16. 5. 1020 619778 08/12/05 2810 SMART & FINAL 5806349 SUPPLIES A26565 0.00 141. 63 1020 619778 08/12/05 2810 SMART & FINAL 5506549 SUPPLIES nn 0, 00 44. 98 TOTAL CHECK 0 ,00 599. 37 1020 619779 OB/12/05 2320 SNAP-ON INDUSTRIAL 110BB30 CIRCUIT TESTER A27001 0.00 51.41 1020 619780 OB/12/05 877 SOUTHERN LUMBER eo 110s507 SUPPLIES 0.00 19.51 1020 6197Bl OS/12/05 3171 STAPLES BUSINESS ADVANTA 1104310 FY 2005-2006 OPEN PURe 0 ,00 4S.65 1020 61.97B1 os/n/05 3171 STAPLES BUSINESS ADVANTA 1104310 FY 2005-2006 OPEN PURC 0, 00 116B ,67 1020 619781 OB/n/05 3171 STAPLES BUSINESS ADVANTA 1104310 FY 2005-2006 OPEN PURe o. 00 116B ,67 1020 6197B1 OB/12/05 3171 STAPLES BUSINESS ADVANTA 1107405 OFFICE SUPPLIES 0 ,00 2' ,36 1020 619781 OB/12/05 3171 STAPLES BUS INESS ADVANTA 1107405 OFFICE SUPPLIES 0 ,00 47 ,20 TOTAL CHECK o. 00 2462 ,55 1020 6197B2 08/12/05 1011 STATE BOARD OF EQUALIZAT 110 JUL05 PREPYMNT TAX 0.00 1673.00 1020 6197B3 OS/12/05 677 STATE STREET BANK & TRUS no *PERS DEF 0.00 366B.67 1020 6197B4 OB/12/05 2045 SVCN 1104300 FY 2005-2006 OPEN PURC 0 ,00 3B.50 1020 6197B4 OB/12/05 2045 SVCN 1104300 FY 2005-2006 OPEN PURe 0, 00 41.25 1020 6197B4 OB/12/05 2045 SVCN 1104300 FY 2005-2006 OPEN PURC 0, 00 18. ,75 1020 6197B4 OB/n/05 2045 SVCN 1104300 FY 2005-2006 OPEN PURC 0 ,00 107 ,25 1020 6197B4 oe/n/05 2045 SVCN 1104300 FY 2005-2006 OPEN PURC 0, 00 129 ,25 1020 6197B4 OB/n/05 2045 SVCN 1104300 FY 2005-2006 OPEN PURe 0 ,00 46 ,75 1020 6197B4 OB/n/05 2045 SVCN 1104300 FY 2005-2006 OPEN PURC o. 00 41- 25 TOTAL CHECK .00 594. 00 1020 619785 oe/12/05 695 SYSCO FOOD SERVICES OF S 5606620 FY 2005-2006 OPEN PURC 0.00 5321. B6 1020 6197e6 OB/12/05 696 TADCO SUPPLY 110B312 GARBAGE BAGS 0 ,00 456. 4' 1020 6197e6 OB/12/05 696 TADCO SUPPLY 110B303 GARBAGE BAGS 0 ,00 456 ,4' 1020 6197B6 08/12/05 696 TADCO SUPPLY 1108315 GARBAGE BAGS 0 ,00 456.49 1020 6197B6 oe/12/05 696 TADCO SUPPLY 1108314 GARBAGE BAGS 0 .00 456. 4. TOTAL CHECK .00 IB25 .96 1020 619787 oe/12/05 M2006 THE MARIANIST COMMUNITY 1100000 DIFF NEGDECMNR/CATER. 0.00 1452.00 1020 619788 08/12/05 1993 TREASURER OF ALAMEDA COU 110 A LOPEZ JR 56639B126 0.00 253.B4 1020 6197B9 08/12/05 2226 UNITED RENTALS HIGHWAY T 1108201 SAFETY VESTS 0.00 1324.47 1020 619790 08/12/05 1154 UNITED WAY OF SANTA CLAR no UNITED WAY 0.00 72 .00 1020 619791 08/12/05 738 VALLEY OIL COMPANY 6308840 FY 2005-2006 OPEN PURe 0.00 53. B7 RUN DATE 08/11/05 TIME 12:42:26 - FINANCIAL ACCOUNTING ~ ~(L{ 08/11/05 ACCOUNTING PERIOD: 2/06 CITY OF CUPERTINO CHECK REGISTER - DISBURSEMENT FUND PAGE 14 SELECTION CRITERIA: transact. trans_date between "OB/OS/2005" and "08/12/200S" FUND - 110 - GENERAL FUND CASH ACcr CHECK NO ISSUE DT -----~--------VENDOR------------- FUND/DEFT -----DESCRIPTION------ SALES TAX AMOUNT 1020 619792 08/12/05 745 VMI INC 1103500 PARTS/SUPPLIES 16500 0.00 55.10 1020 619793 08/12/05 761 WEDEMEYER BAKERY 5606620 FY 2005-2006 OPEN PURC 0.00 629.10 1020 619794 OS/12/05 2B56 WESCO GRAPHI CS 5606600 FALL05 RBC SCHEDULE O. 00 423 ,11 1020 619794 OB/12/05 2856 WESCO GRAPHI CS 1106500 FALLa 5 REC SCHEDULE 0, 00 633 ,95 1020 619794 08/12/05 2856 WESCO GRAPHICS 5806449 FALL05 RBC SCHEDULE 0.00 2113 ,35 1020 619794 OB/12/05 2856 WESCO GRAPHICS 5B06349 FALL05 REC SCHEDULE O. 00 2113 ,35 1020 619794 08/12/05 2856 WESCO GRAPHI CS 5B06249 FALLOS REC SCHEDULE 0 .00 2113.35 TOTAL CHECK 0 .00 7397.11 1020 619795 08/12/05 779 WEST-LITE SUPPLY CO INC 1108504 LIGHTING SUPPLIES 0.00 319.16 1020 619796 08/12/05 775 WESTERN PACIFIC SIGNAL L 1108602 LED SIGNAL PED COUNT 0 0.00 2543.88 1020 619797 08/12/05 792 LILY WU 5706450 RPL CK61B922 LOST 0.00 190.00 1020 61979B OB/12/05 M2006 YU, KAEMIN 110 REMAINING DEPOSIT RFD 0.00 100.00 TOTAL CASH ACCOUNT 0.00 973319.37 TOTAL FUND 0.00 973319.37 TOTAL REPORT 0.00 973319.37 RUN DATE OB/ll/05 TIME 12:42:26 - FINANCIAL ACCOUNTING ~-(S RESOLUTION NO. 05-145 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 19,2005 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: (V ¡J J( d (l {} nÁJ7Jf'd Director of Administrative Services PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this ~day of September, 2005, by the following vote: Vote Members of the City Council AYES: NOES: ABSENT: ABSTAIN: ATTEST: APPROVED: Mayor, City of Cupertino City Clerk G -(fa O'/l'/OS ACCOUNTING PERIOD: 2(06 CHECK REGISTER CITY OF CUPERTINO DISBURSEMENT FUND SBLBCTION CRITERIA: transact. trans_date between "08/:1.5/2005" and "08/19/2005" FUND - 110 - GBNERAL FUND CASH ACCT CHECK NO 1020 619799 1020 619799 TOTAL CHECK 1020 619800 1020 619800 TOTAL CHECK 1020 1020 1020 1020 TOTAL CHECK 1020 1020 1020 1020 1020 1020 1020 1020 1020 1020 1020 1020 1020 TOTAL CHECK 1020 1020 1020 1020 1020 1020 619801 619802 619803 619803 619804 619805 619806 H9807 619808 619809 619810 619811 619812 619812 619812 619812 619812 619813 619814 619815 619816 619817 619818 ISSUE DT ----.---------VENDOR------------- FUND/DEPT 08/19/05 4 08/19/05 4 OS/19/05 858 08/19/05 858 08/19/05 13 08/19(053390 08/19/05 2276 08/19/05 2276 08/19/05 2333 OB/19/05 M2006 OB/19/05 M 08/19/05 3385 OB/19/05 M OB/19/05 91 OB/19/05 3212 08/19/05 M2006 OB/19/05 146 OB/19/05 146 OB/19/05 146 08/19/05 146 08/19/05 146 OB/19/05 2646 08/19/05 2461 OB/19/05 M 08/19/05 2871 OB/19/05 2846 08/19/05 174 AT & T A T & T ACI HOLDINGS, INC. ACI HOLDINGS, INC. 1108502 1108501 1100000 1100000 ACME & SONS SANITATION C 5606640 ACRO SPORTS CITY CIRCUS 1103301 ALHAMBRA ALHAMBRA ALVERNAZ CONSTRUCTION ARC INC. ARCHITECTS ARITA, HIDEYUKI ATCITY.COM INC BACH, NATALYA DR JOEL BERGER BRIGHTER THAN AIR BYER PROPERTIES CASH CASH CASH CASH CASH CDW-G 5706450 1106265 5208003 110 580 6109853 580 5B06449 5606620 110 5B06349 5B06349 5806449 5706450 1106342 230B004 CHABOT SPACE & SCIENCE C 5806349 580 CHITRE, ISHA JACKSON CHOW CLAP COCA-COLA RUN DATE 08/18/05 TIME 08:08:57 5806249 5806249 5706450 ---·-DESCRIPTION------ AUG 2005 STATEMENT AUG 2005 STATEMENT APR-JUNE 2005 TRIPPLE FLIP JAN-JN05 FY 2005-2006 OPEN PURC JUBILEE CELE/DEPOSIT WATER 4345B5B65 WATER 432369023 R & R TENNIS COURT BLE REFUND EXCESS DEPOSIT Refund: Check - SUMMER LICENSING OF STREET LE Refund: Check· SUMMER SERVICE AGREEMENT FOR DECORATIONS REMAINING DEPOSIT P.CASH B/02·8/11 P.CASH S/02-B/ll P.CASH 8/02-8/11 P.CASH 8/02-8/11 P.CASH B/02-8/11 ADOBE PAGEMAKER V 7.0. ADMISSION PLANETARIUM Refund: Check . SUMMER SERVICE AGREEMENT FOR SERVICE AGREEMENT FOR DRINKS SALES TAX 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 .00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 . FINANCIAL ACCOUNTING ~-/7 tW PAGE 1 AMOUNT 53.62 25.12 78.74 564048.03 l4B428.21 712476.24 182.83 1000.00 55.09 71.90 126.99 12000.00 591.00 35.00 1000.00 75.00 96.00 635.00 400.00 49.30 10.00 9.18 12.43 47.90 12B.81 555.83 96B.OO 58.00 307B.75 2755.00 748.52 08/H/05 ACCOUNTING PERIOD: 2/06 CITY OF CUPERTINO CHECK REGISTER - DISBURSEMENT FUND SELECTION CRITERIA: transact. trans date between "OB/15/2005" and "08/l9/2005" FUND - 110 - GENERAL FUND 1020 CASH ACCT CHECK NO 619819 1020 1020 1020 l020 1020 1020 1020 1020 1020 619B20 619821 619822 619823 619824 619825 619826 619827 619828 1020 619829 1020 619829 TOTAL CHECK 1020 619830 1020 619830 1020 619830 TOTAL CHECK 1020 1020 1020 1020 TOTAL CHECK 1020 1020 1020 TOTAL CHECK 1020 1020 1020 1020 TOTAL CHECK 1.020 619831 619832 619833 619833 619834 619834 619B34 619835 619836 619836 619836 619837 OB/19/05 M ISSUE DT --------------VENDOR~------------ FUND/DEPT 08/19/05 3036 OB/19/05 M2006 08/19/05 2793 08/19/05 1637 08/19/05 209 OB/19/05 210 08/19/05 H38 08/19/05 676 08/l9/05 3218 08/19/05 1242 08/19/05 1242 08/19/05 2754 08/19/05 2754 08/19/05 2754 08/19/05 3038 08/19/05 2578 08/19/05 234 08/19/05 234 08/19/05 2077 08/19/05 2077 08/19/05 2077 08/19/05 250 08/19/05 253 08/19/05 253 08/19/05 253 08/19/05 3388 CRITCHFIELD, WILL 580 CRITERION PICTURES USA, 1106248 CTC FUNDING, LLC 110 DATA TICKET INC 1104530 DAVID J POWERS & ASSOCIA 110 DE ANZA SERVICES INC 5606620 DEEP CLIFF ASSOCIATES L 5806449 DELL MARKETING L.P. 6109864 DEPARTMENT OF JUSTICE 1104510 DEPT OF HOUSING & URBAN 2610000 DIGITAL PRINT IMPRESSION 1104310 DIGITAL PRINT IMPRESSION 1104100 DRIVER ALLIANT INSURANCE 1104540 DRIVER ALLIANT INSURANCE 1104540 DRIVER ALLIANT INSURANCE 1104540 RALPH DUBISCH 5806249 ELBMENT K JOURNALS 1101200 ENGINEERING DATA SERVICE 110 ENGINEERING DATA SERVICE 1107301 ESRI ESRI ESRI 1107301 6104800 6104800 EUPHRAT MUSEUM OF ART 5806249 EXCHANGE LINEN SERVICE EXCHANGE LINEN SERVICE EXCHANGE LINEN SERVICE 5606620 1106265 1106230 EXPLORATORIUM 5806349 RUN DATE 08/18/05 TIME 08:08:57 -----DESCRIPTION------ Refund: Check - SUMMER PUB. PERFORM. LICENSE REMAING DEPOSIT TICKET STOCK/CITATION COMPAQ/TOLL PROJECT SPEC. CLEANUP JULY05 SERVICE AGREEMENT FOR DELL PRECISION 670 WOR FINGERPRINTING JUL05 RL INTST EARN 04/05 LETTERHEAD ENV (10K) WINDOW ENV (5K) DIFF.IN COND, 2ND LYR DIFF.IN COND 1ST LYR DIFF.IN COND, 05/06 SERVICE AGREEMENT FOR INSIDE MICROSOFT WORD DESIGN REVIEW DESIGN REVIEW ARCVIEW UPGRADE 16554 ARCVIEW UPGRADE PRIMAR ARCVIEW UPGRADE PRIMAR SERVICE AGREEMENT FOR FY 2005-2006 OPEN PURC LINENS/SPEC. EVENT LINENS/SPEC. EVENT ADMISSION 8/10 A26549 SALES TAX 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 ,00 .00 0.00 0.00 0.00 0.00 ,00 .00 0.00 0.00 0.00 PAGE 2 AMOUNT 46.40 385.00 400.00 2507.84 3847.85 3635.63 22408.00 5534.79 160.00 12980.68 1853.63 505.97 2359.60 51612.50 113159.00 20000.00 184771.50 3380.00 77.00 306.21 76.96 383.17 433.00 1490.75 11.93 1935.68 10606.25 302.33 221.18 221.18 744.69 436.50 - FINANCIAL ACCOUNTING & -{! oa/18/05 ACCOUNTING PERIOD: 2/06 CHECK REGISTER CITY OF CUPERTINO DISBURSEMENT FUND SELECTION CRITERIA: transact. trans_date between "08/~5/2005~ and ~08/~9/2005" FUND - ~~O - GENERAL FUND 1020 CASH ACCT cHECK NO 619838 1020 1020 1020 TOTAL CHECK 1020 1020 1020 1020 1020 1020 TOTAL CHECK 1020 1020 1020 1020 TOTAL CHECK 1020 1020 1020 1020 1020 1020 TOTAL CHECK 1020 1020 TOTAL CHECK 1020 1020 1020 1020 1020 1020 1020 1020 1020 TOTAL CHECK 619B39 619B40 619840 619B41 619B41 619B41 619841 619B41 619841 619B42 619843 619B43 619B43 619844 619B45 619845 619845 619845 619845 619846 619846 619847 61984B 619849 619850 619851 619852 619852 619B52 619B52 OB/19/05 2271 ISSUE DT --------------VENDOR------------- FUND/DBPT 270B404 08/19/05 273 08/19/05 OB/19/05 08/19/05 08/19/05 08/19/05 08/19/05 08/19/05 OB/19/05 08/19/05 M 08/19/05 08/19/05 08/19/05 OB/19/05 296 OB/19/05 08/19/05 08/19/05 08/19/05 08/19/05 OB/19/05 OB/19/05 08/19/05 2592 1BOB IBOB 281 2B1 281 281 281 2B1 292 292 292 29B 29B 29B 29B 29B 2630 2630 08/19/05 ME2006 08/19/05 325 OB/19/05 2540 08/19/05 M2006 08/19/05 08/19/05 08/19/05 OB/19/05 1951 1951 1951 1951 FLINT TRADING COMPANY FREMONT UNION H.S. DIST. 5806449 KIM FREY KIM FREY GARDENLAND GARDENLAND GARDENLAND GARDENLAND GARDENLAND GARDENLAND GILLANI, JUDY GOLFLAND USA GOLF LAND USA GOLFLAND USA KAREN GOTTLEIB GRAINGER INC GRAINGER INC GRAINGER INC GRAINGER INC GRAINGER INC 1106344 5806349 1108314 110B312 1108314 110B314 1108314 1108312 5BO 5806349 5806349 5806349 5806449 110B315 1108314 1108408 1108408 1108408 GREGORY B. BRAGG & ASSOC 6204550 GREGORY B. BRAGG & ASSOC 6204550 HAM RADIO OUTLET, INC. HANEL, CHRISTINE DANIEL HEDDEN HILTI HIRIYANNIAH, UMESH HOMESTEAD F.F.C. INC HOMESTEAD F.F.C. INC HOMESTEAD F.F.C. INC HOMESTEAD F.F.C. INC RUN DATE 08/18/05 TIME 08:08:57 1104400 1106342 1106500 1108501 110 5806349 5806349 5806349 5806349 -----DESCRIPTION------ SUPPLIES POOL USE 7/1-8/12/05 SUPPLIES SUPPLIES PARTS/SUPPLIES SUPPLIES PARTS/SUPPLIES PARTS/SUPPLIES PARTS/SUPPLIES SUPPLIES A27382 A27032 A27382 A27382 Refund: Check - Return GOLF GOLF GOLF 8/12 8/08 8/02 A26556 A26551 A26548 SERVICE AGREEMENT FOR PARTS/SUPPLIES A27031 PARTS/SUPPLIES A27038 PARTS/SUPPLIES A26797 PARTS/SUPPLIES A26797 PARTS/SUPPLIES A27012 W.COMP CLAIMS AUGOs BILL REVIEW JULY05 HANDHELD SCANNER COOKIES 8/11 EVENT SECURITY 7/23 SUPPLIES REMAINING DEPOSIT BOWLING BOWLING BOWLING BOWLING 8/15 B/ls 8/10 8/11 A25640 A25641 A265s2 A26554 SALES TAX 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 - FINANCIAL ACCOUNTING PAGE 3 AMOUNT 1009.93 12000.00 8.45 40.83 49.28 168.70 15.27 404.76 -41.4B -41.48 15.27 521.04 300.00 221.00 118.75 214.50 554.25 16BO.00 505.63 365.12 618.28 19.85 538.67 2047.55 1653.75 362.44 2016.19 995.79 93.85 200.00 531. 90 305.66 210.00 138.00 120.00 174.00 642.00 ~ -(~ OB/IB/05 ACCOUNTING PERIOD: 2/06 CITY OF CUPERTINO SELECTION CRITERIA: transact.trans date between "08/15/2005" and "08/19/2005" CHECK REGISTER - DISBURSEMENT FUND FUND - 110 - GENERAL FOND CASH ACCT CHECK NO 1020 1020 1020 1020 1020 1020 1020 1020 1020 1020 1020 TOTAL CHECK 1020 1020 619853 619854 619855 619856 619857 619858 619859 619860 619861 619862 619862 619863 619864 TOTAL CHECK 1020 619865 1020 619865 1020 1020 1020 1020 1020 1020 1020 1020 1020 1020 619866 619867 619868 619869 619870 619871 619872 619873 619874 619875 ISSUE DT --------------VENDOR------------- FUND/DEPT 08/19/05 1981 08/19/05 M2006 08/19/05 M2006 08/19/05 1412 08/19/05 3328 08/19/05 M 08/19/05 3386 08/19/05 879 08/19/05 1630 08/19/05 08/19/05 3n 3n INTERSTATE TRAFFIC CONTR 2708404 JANDU, SALDEV llO 08/19/05 M2006 08/19/05 2517 08/19/05 386 08/19/05 386 08/19/05 1821 08/19/05 2300 08/19/05 392 08/19/05 1396 08/19/05 3213 08/19/05 405 08/19/05 3387 08/19/05 1709 08/19/05 3360 08/19/05 1378 JANDU, HARINDER llO JOBS AVAILABLE INC 1104510 KAISER PERMANENTE 1108201 KAMARA, MUSA 5BO KEEBLE AND SHUCHAT PHOTO 2709449 KEYSER MARSTON ASSOCIATE 2507304 KIDZ LOVE SOCCER INC 5806449 LISA KING LISA KING 5806449 1101300 KLAGES, DONALD 110 LAFCO 1101000 MICHAEL LAMB MICHAEL LAMB llO 5806349 JULIA LAMY 5506549 BARBARA LAID:: 5506549 LEAGUE OF CALIFORNIA CIT 1104100 LIEBERT CASSIDY WHITMORE 1104000 LINE-X IF SANTA CLARA 6308840 LONGS DRUGS #114 5806349 LUSTRE-CAL 1104100 CARMEN LYNAUGH 1108101 MAGNA-MATIe CORP 1108312 RICARDO MARTINEZ 5706450 RUN DATE 08/18/05 TIME 08:08:57 -----DESCRIPTION------ YELLOW TRAFFIC PAINT REMAINING DEPOSIT REFD. ARCHITECT DPST AD 8/08 REC.COORDNTR HEP B/CARIAGA Refund: Check - SUMMER DIGITAL CAMERA FOR MAR SERV 6/1-7/31/05 SERVICE AGREEMENT FOR DANCE DANCE INSTRUCTION INSTR/CALI MILL REMAINING DEPOSIT 05/06 ANNUAL SHARE 25\ FRANCHISE TAX BRD ALMOST ANYTHING GOES INVITATIONS/STAMPS SERVICE AGREEMENT FOR CONF REG/DAVID WOO LEGAL FEES 7/07 SUPPLIES SCIENCE SUPPLY 26035 ASSET TAGS (lK) CAMERA SUPPLIES MAG-BODO LAWN MOWER SH FITNESS EQUIPMENT MAIN SALES TAX 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 - FINANCIAL ACCOUNTING PAGE 4 AMOUNT 1645.40 302.57 492.49 336.37 31. 00 65.00 995.85 2460.26 14517.25 1225.00 1500.00 2725.00 400.00 4878.33 -31.25 125.00 93.75 75.00 600.00 400.00 75.00 490.00 12.88 431.18 100.62 353.27 125.00 ~-2D o'/la/" ACCOUNTING PBRIOD: 2/06 CITY OF CUPERTINO SELECTION CRITERIA: transact. trans_date between "o8/~s/2005" and "OB/~9/2005" CHECK REGISTER DISBURSEMENT FUND FUND - 110 - GENERAL FUND 1020 CASH ACCT CHECK NO 619876 1020 1020 1020 TOTAL CHECK 1020 1020 1020 1020 1020 1020 1020 1020 1020 1020 1020 1020 1020 1020 1020 1020 10:20 1020 1020 1020 1020 TOTAL CHECK 1020 619877 619878 619878 619879 619880 619881 619882 619883 619884 619885 619886 619887 619868 619889 619890 619891 619892 619893 619894 619895 619896 619897 619898 61989B 619899 oa/19/05 196B ISSUE DT --------------VENDOR------------- FUND!DEPT 1104100 08(19/05 1602 08/:1.9/05 08/19/05 1868 1868 MAZE AND ASSOCIATES MBlA MUNISBRVICBS COMPAN 1100000 METRO MOBILE COMMUNlCATI 1108501 METRO MOBILE COMMUNICATI 1108501 MO, TERESA F. 5506549 08/19/05 2448 08/19/05 M 08/19/05 465 08/19/05 479 08/19/05 M2006 08/19/05 M2006 08/19/05 M2006 OS/19/05 489 OB/19/05 16B1 OB/19/05 1190 08/19/05 515 08/19/05 M2006 08/19/05 3146 08/19/05526 08/19/05 545 08/19/05 3240 08/19/05 3326 08/19/05 3220 08/19/05 2441 08/19/05 08/19/05 581 581 MOGHTADER, FARIDEH 580 08/19/05 M2006 MOUNTAIN VIEW GARDEN CEN 1108315 NATURES WOOD 5606620 NCBPA 110B201 NIBM 1101200 NORTHERN CALIFORNIA BACK 1108201 NOTEWORTHY MUSIC SCHOOL 5806249 NU-WAY TOOL SUPPLY INC 1108408 RONALD OLDS 1103500 PACIFIC WEST SECURITY IN 1108503 PATCHIPALA, SESHARAO 110 PATTERNSOFT IMC 5806249 PENINSULA DIGITAL IMAGIN 1107503 JEFF PISERCHIO 5606640 TIMOTHY D BOWEN 5806249 PREFERRED ALLIANCE, INC. 1104510 RACE STREET FOODS 5606620 RENEE RAMSEY 5806249 RELIABLE RELIABLE 1107503 1107301 RHL DESIGN GROUP 110 RUN DATE 08/18/05 TIME 08:0B:57 -----DESCRIPTION------ PROG.BILL 04/05 AUDIT S.TAX 1ST QTR 2005 SERVICE CALL 8/02 HANDHELD RADIO SUPPLIES/SOCIAL EVENT Refund: Check - SUMMER FY 2005-2006 OPEN PURC FY 2005-2006 OPEN PURC CLASS MABUTAS/LABRIE NIBM/ADMIN.PRFSSNAL MABUTAS & LABRIE SERVICE AGREEMENT FOR PARTS/SUPPLIES A27045 REPAIRS/MAINTENANCE SERV CALL B/02 REMAINING DEPOSIT SERVICE AGREEMENT FOR BLUBPRNT COPY A25014 SERVICE 8/03-8/16 SERVICE AGREEMENT FOR NON-RANDOM TESTS FY 2005-2006 OPEN PURC SERVICE AGREEMENT FOR OFFICE SUPPLIES OFFICE SUPPLIES REMAINING DEPOSIT 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 .00 - FINANCIAL ACCOUNTING PAGE 5 AMOUNT 57. SO 1250.00 270.00 1461. 38 1731. 38 53.74 99.00 37.32 435.17 36.00 55.95 40.00 7673.75 688.63 747.50 145.00 314.94 1044.00 31. 83 2035.00 4524.00 156.00 1619.57 812.00 106.93 94.73 201. 66 1612.00 ~-l( aO/lO!a; ACCOUNTING PERIOD: 2/06 CITY OF CUPERTINO SELECTION CRITERIA: transact. trans_date between "08/15/2005" and ~OB/J.9/2005" CHECK REGISTER - DISBURSEMENT FUND FUND - ~~O - GENERAL FUND CASH ACCT CHECK NO 1020 1020 1020 1020 1020 1020 1020 1020 TOTAL CHECK 1020 1020 1020 1020 1020 1020 1020 1020 1020 1020 TOTAL CHECK 1020 1020 TOTAL CHECK 1020 1.020 1020 1020 TOTAL CHECK 1020 1020 619900 619901 619902 619903 619904 619905 619906 619906 619907 619908 619909 619910 619911 619912 619913 619914 619914 619914 619915 619915 619916 619917 619918 619918 619919 619920 ISSUE DT --------------VENDOR------------- FUND/DEFT OB/19/05 594 oe/19/05 2011 08/19/05 ME2006 08/l9/05 626 OB/19/05 1636 oe/19/05 633 08/19/05 08/19/05 1919 19B RIVERVIEW SYSTEMS GROUP 1106248 S.O.S. SURVIVAL PRODUCTS 1104400 SANDER, TED 1106342 OB/1-9/05 2397 08/19/05 2397 08/19/05 511 08/19/05 644 OB/19/05 1916 OB/19/05 652 08/19/05 659 08/19/05 08/19/05 OB/19/05 2810 2810 2810 SANTA CLARA CO DEPT OF R 1102100 SANTA CLARA CTY SHERIFF 1104510 SANTA CLARA COUNTY SHERI 1108602 SANTA CLARA VALLEY TRANS 5500000 SANTA CLARA VALLEY TRANS 5500000 SAVIN CREDIT CORPORATION 1104310 SAVIN CREDIT CORPORATION 1104310 SBe/MeI 1108504 08/19/05 08/19/05 2320 2320 SCREEN DESIGNS 5806349 08/19/05 200 08/19/05 3311 08/19/05 08/19/05 3171 3171 CAROL SHEPHERD 2159620 08/19/05 2549 08/19/05 681 SIERRA SPRINGS WATER CO. 1101500 SKYHAWKS SPORTS ACADEMY 5806449 SMART & FINAL SMART & FINAL SMART & FINAL 1106344 5806349 5806449 SNAP-ON INDUSTRIAL SNAP-ON INDUSTRIAL 6308840 6308840 LESLIE SOKOL DBA DANCEKI 5806449 LEE STANFORD 5506549 STAPLES BUSINESS ADVANTA 1104510 STAPLES BUSINESS ADVANTA 1104510 STATE OF CALIFORNIA 110 CONNIE BANDA STEVENS 5806449 RUN DATE 08/1B/05 TIME 08:08:57 -----DSSCRIPTION------ RNTL/CINEMA @ SUNDOWN QUOTE 3 IN 1 BACK PACK "ANYTHING GOES" SPLY CITATIONS JUNE 2005 FINGERPRINTS MAY05 8/3/05 TRAFFIC CNTRL BUS PASSES JULY2005 BUS PASSES AUG2005 H2400800225 SEPT05 J8332201915 SEPT05 #2522405 7/01-8/15 SUMMER FINALE eAMP SUPLY/WTR COLLAE MTG BOTTLE WTR 437467954 SERVICE AGREEMENT FOR SUPPLIES A26570 SUPPLIES A26568 SUPPLIES A26569 UPDATED CARTRIDGE UPDATED CARTRIDGE 3/B" 3/B" SERVICE AGREEMENT FOR ALASKA TRIP 9/03 OFFICE SUPPLIES OFFICE SUPPLIES M.LAMB 569-37-8357 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 - FINANCIAL ACCOUNTING FAGS 6 AMOUNT 7907.12 833.51 94.95 2860.00 420.00 252.54 286.00 182.00 468.00 126.91 130.94 16.23 449.90 69.56 9.10 22349.50 82.02 54.53 28.63 165.18 207.32 566.68 774.00 2970.00 823.00 102.83 224.67 327.50 31. 25 749.10 ~ -1.L 08/18/05 ACCOUNTING PERIOD: 2/06 CITY OF CUPERTINO CHECK REGISTER - DISBURSEMENT FUND PAGB 7 SELECTION CRITERIA: transact. trans_date between ~08/15/2005" and "08/19/2005" FUND - 110 - GENERAL FUND CASH ACCT CHECK NO ISSUE DT --------------VENDOR------------- FUND/DEFT -----DESCRIPTION------ SALES TAX AMOUNT 1020 619921 08/19/05 3045 SUGIMURA & ASSOCIATES 1108101 PUBLIC WORKS CONTRACT 0 .00 724.75 1020 619921 08/19/05 3045 SUGIMURA & ASSOCIATES 1108501 PUBLIC WORKS CONTRACT 0, 00 669.00 1020 619921 08/19/05 3045 SUGIMURA & ASSOCIATES 4209225 PUBLIC WORKS CONTRAcr 0, 00 2483.37 TOTAL CHECK 0, 00 3877.12 1020 619922 08/19/05 951 SUMMERWINDS GARDEN CNTR, 1108303 LANDSCAPE SPLY 27311 0.00 51. " 1020 619922 08/19/05 951 SUMMERWINDS GARDEN CNTR, 1108303 LANDSCAPE SPLY 27312 0.00 44 ' 35 TOTAL CHECK 0.00 96.31 1020 619923 08/19/05 695 SYSCO FOOD SERVICES OF S 5606620 FY 2005-2006 OPEN PURC 0.00 4088.29 1020 619924 08/19/05 709 LOU THURMAN 5806449 SERVICE AGREEMENT FOR 0.00 779.88 1020 619925 oa/19/05 2665 ERIN TURI 5806249 SERVICE AGREEMENT FOR 0.00 2001.75 1020 619926 08/19/05 M TURNER, MICHAEL sao Refund: Check - SUMMER 0.00 46.40 1020 619927 08/19/05 733 UPBEAT INC 1108501 SUPPLIES 0.00 89.60 1020 619928 08/19/05 751 VOLT 1108501 TIME/LABOR 0.00 249.21 1020 619929 08/19/05 M WALTON, JOSEPH 530 Refund: Check - Return 0.00 55.00 1020 619930 08/19/05 761 WEDEMEYER BAKERY 5606620 FY 2005-2006 OPEN PURC 0.00 190.69 1020 619931 08/19/05 779 WEST-LITE SUPPLY CO 'NC 1108508 SUPPLIES 0, 00 635. 55 1020 619931 08/19/05 779 WEST-LITE SUPPLY CO 'NC 1108504 SUPPLIES 0 ,00 266. 30 1020 619931 08/19/05 779 WEST-LITE SUPPLY CO 'NC 1108501 LIGHTING SUPPLIES 0 ,00 236. 03 TOTAL CHECK 0 ,00 1137. 88 1020 619932 08/19/05 2845 JULIE WONG 5806249 SERVICE AGREEMENT FOR 0.00 582.00 1020 619933 08/19/05 2786 YUAN CHIH DANCE OF AMERI 5506549 SERVICE AGREEMENT FOR 0.00 70.00 1020 619934 08/19/05 M ZER, PATRICIA saD Refund: Check - FALL - 0.00 80.00 TOTAL CASH ACCOUNT 0.00 1128718.31 TOTAL FUND 0.00 1128718.31 TOTAL REPORT 0.00 1128718.31 RUN DATE 08/18/05 TIME 08:08:57 - FINANCIAL ACCOUNTING ~~23 RESOLUTION NO. 05-146 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 26, 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: (Y¡t>d{)h/~ Director of Administrative Services PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this ~day of September, 2005, by the following vote: Vote Members of the City Council AYES: NOES: ABSENT: ABSTAIN: ATTEST: APPROVED: City Clerk Mayor, City of Cupertino rn-2'1 08/25/05 ACCOUNTING PERIOD: 2/06 CITY OF CUPERTINO CHECK REGISTER - DISBURSEMENT FUND SELECTION CRITERIA: transact. trans_date between "08/22/2005" and "08/26/2005" FUND - 110 - GENERAL FUND 1020 CASH ACCT CHBCK NO 619935 1020 1020 1020 1020 1020 1020 1020 1020 1020 1020 1020 1020 1020 TOTAL CHECK 1020 1020 1020 1020 1020 1020 1020 1020 1020 1020 TOTAL CHECK 1020 1020 1020 619936 619937 619938 619939 619940 619941 619942 619943 619944 619945 619945 619945 619945 619946 619947 619948 619949 619950 619951 619952 619953 619954 619954 619955 619956 619957 ISSUE DT ------------·-VENDOR------------- FUND/DEPT OS/23/05 3393 OS/26/05 232S OS/26/05 13 08/26/05 34 08/26/05 2319 08/26/05 2333 08/26/05 44 OS/26/05 M2006 08/26/05 M2006 08/26/05 M OS/26/05 08/26/05 OS/26/05 08/26/05 1519 1519 1519 1519 LEGISLATIVE INTENT SERVI 1104330 A/C SERVICE & DESIGN CO. 110S511 ACME & SONS SANITATION C 5606620 ALL CHEMICAL DISPOSAL IN 1108005 ALVERNAZ CONSTRUCTION ALL CITY MANAGEMENT SERV 1108201 1108303 AMERICAN RED CROSS 1104400 ARGABRITE, DIANA AMERICAN SHOWPLACE PRODU 5506549 1106200 ARITA, HIDEYUKI AUTREY SUPPLY CO INe AUTREY SUPPLY CO INC AUTREY SUPPLY CO INC AUTREY SUPPLY CO INC 580 1108312 1108303 1108315 1108314 BALANCE HYDROLOGICS INC 4279112 BATTERY SYSTEMS 6308840 BENTLEY SYSTEMS, INC. BAY AREA DISTRIBUTING CO 6308840 6104800 BMI IMAGING SYSTEMS BETTERPLY BUSINESS FORMS 1107501 1104300 BROSTEIN, GRETCHEN BROWNING-FERRIS INDUSTRI 5208003 580 BRUCE'S TIRE TNC BRUCE r S TIRE INC CAL-WEST LIGHTING 6308840 6308840 CALIFORNIA HYDRONICS COR 1108312 1108830 CALIFORNIA PARK AND RECR 1106400 RUN DATE 08/25/05 TIME 12:15:31 08/26/05 3242 08/26/05 720 08/26/05 2013 08/26/05 3040 08/26/05 1305 08/26/05 100 08/26/05 M 08/26/05 1066 08/26/05 08/26/05 3314 3314 08/26/05 3269 08/26/05 2779 08/26/05 130 -----DESCRIPTION------ RESEARCH ABC/K SMITH REGULAR LABOR TRUCK C PORTABLE TOILETS 8/9 LABOR AND DISPOSA AUG 05 OPEN PURCHASE STEP REPAIR BLEACHERS HOWARD HOFF CBRT FEES OCTOBBRFEST 50 TKTS SUPPLIES/MURAL MUSIC Refund: Check - SUMMER GOAL LINE PAINT WHITE GOAL LINE PAINT WHITE GOAL LINE PAINT WHITE GOAL LINE PAINT WHITE SERVICE AGRBEMENT FOR FY 2005-2006 OPEN PURC SUPPLIES MXROAD SUBSCRIPTION BLDG DEPT FORMS FY 2005-2006 OPEN PURC Refund: Check - FALL: JULY VOLUME SVC FY 2005-2006 OPEN PURC FY 2005-2006 OPEN PURC INSTALL LIGHT FOUDATN FIELD SERVICE REPAIR D.MCCARTHY 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 ,00 0.00 0.00 0.00 ~ PAGB 1 AMOUNT 2085.00 202.00 703.71 2359.24 7786.B9 3650.00 136.00 1250.00 139.05 63.00 794.96 794.97 794.96 794.96 3179.85 9641. 40 173.09 861.50 2492.75 288.65 101.67 28.00 105191.96 603.29 338.35 941.64 1744.58 120.00 125.00 - FINANCIAL ACCOUNTING ~ -25 09)2;)0; ACCOUNTING PERIOD: 2/06 CITY OF CUFERTINO CHECK REGISTER - DISBURSEMENT FUND SELECTION CRITERIA: transact. trans_date between "08/22/2005" and "08/26/2005" FUND - ~10 - GENERAL FUND CASH ACCT CHECK NO 1020 1020 TOTAL CHECK 1020 1020 ~020 TOTAL CHECK 1020 1020 ~020 1020 1020 1020 1020 1020 ~020 1020 1020 1020 1020 1020 TOTAL CHECK 619957 619957 619958 619958 619958 619959 619959 619959 619959 619959 6~9959 619959 619959 619959 619959 619959 6~9959 619959 619959 1020 619960 1020 619960 TOTAL CHECK 1020 1020 TOTAL cRECK 1020 1020 1020 1020 1020 ~020 1020 1020 TOTAL CHECK 1020 619961 619961 619962 619963 619964 619965 619966 619967 619968 619968 619969 ISSUE DT --------------VENDOR------------- FUND/DEPT 08)26/05 08/26/05 08/26/05 08/26/05 08/26/05 08/26/05 OS/26/05 OS)26/05 08/26/05 OS/26/05 08/26/05 08/26/05 08/26/05 08/26/05 08/26/05 08/26/05 08/26/05 OS/26/05 08/26/05 08/26/05 2232 08/26/05 2232 08/26/05 08/26/05 08/26/05 1156 OB/26/05 M 08/26/05 M 130 130 33Bl 33Bl 3381 1476 1476 1476 1476 1476 1476 1476 ~476 ~476 1476 1476 1476 1476 1476 1057 ~057 08/26/05 1363 OB/26/05 M2006 OB/26/05 174 08/26/05 08/26/05 08/26/05 M 178 178 CALIFORNIA PARK AND RECR 5806449 CALIFORNIA PARK AND RECR 1106300 CALIFORNIA SYSTEMS INTEG 110S315 CALIFORNIA SYSTEMS INTEG 110S503 CALIFORNIA SYSTEMS INTEG 1108407 CANNON DESIGN GROUP CANNON DESIGN GROUP CANNON DESIGN GROUP CANNON DESIGN GROUP CANNON DESIGN GROUP CANNON DESIGN GROUP CANNON DESIGN GROUP CANNON DESIGN GROUP CANNON DESIGN GROUP CANNON DESIGN GROUP CANNON DESIGN GROUP CANNON DESIGN GROUP CANNON DESIGN GROUP CANNON DESIGN GROUP CARIAGA, LOURDES CARIAGA, LOURDES no no no no no no no no no 110 no no no no no no CERIDIAN BENEFITS SERVIC 110 CERIDIAN BENEFITS SERVIC 110 eRA CHAN, SOPHIA CHING, CAESAR CHING, LYNN M CLEAN SOURCE COCA-COLA no 580 580 no 1108501 5706450 COLONIAL LIFE & ACCIDENT 110 COLONIAL LIFE & ACCIDENT 110 CORRIGAN, GWYNNE RUN DATE OS/25/05 TIME 12:15:31 580 -----DESCRIPTION------ K.LBVY 106012 RNWL S.LEWIS 105135 RNWL CAMERA SYSTEM AT SERVI CAMBRA SYSTEM AT SERVI CAMERA SYSTEM AT SERVI JUL SVC R#30051 R#30509 JUL SVC JUL SVC R#30556 JUL SVC R#30141 R#30390 JUL SVC R#30436 JUL SVC R#30079 JULY R#30457 JUL SVC R#30502 JUL SVC R#30237 JUL SVC R#30156 JULY R#30306 JULY R#J 02 77 JULY JUL SVC R#290BO CSGARNSMNT SSGARNSMNT *FLEX HLTH *FLEX DEP eHA Refund: Check - Return Refund: check - Return R#19686 DEV MAINT FOAM CUPS DRINKS *COLONIAL/E7013899 COLONIAL/E7013899 Refund: Check - FALL: 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 .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 ,00 0.00 0.00 PAGE 2 AMOUNT 125.00 125.00 375.00 2000.00 3647.01 2000.00 7647.07 776. B1 508.4~ SOB .41 1468.41 1588.41 508.4~ 1454.20 480.00 508.4~ 1574.20 1016.81 86S.41 1814 .20 9SS.41 14063.50 306.50 103.S4 410.34 524.51 14.43 538.94 93.00 300.00 300.00 829.72 392.42 111.68 173 .19 295.83 469.02 14.00 - FINANCIAL ACCOUNTING fo-2Í Oe.j25jOS ACCOUNTING PERIOD, 2/06 CITY OF CUPERTINO CHECK REGISTER - DISBURSEMENT FUND SELECTION CRITERIA, transaçt.trans_date between "08/22/2005" and "08/26/2005" FUND - ~~o - GENERAL FUND CASH ACCT CHBCK NO ~020 ~020 1020 1020 1020 1020 ~020 1020 1020 1020 1020 TOTAL CHECK 1020 1020 1020 1020 1020 1020 1020 1020 1020 TOTAL CHECK 1020 1020 1020 1020 1020 TOTAL CHECK 619970 619971 619972 619973 619974 619975 619976 619977 619978 619978 619978 619979 619980 619981 619982 619983 619984 619985 619985 619985 619986 619987 619988 619989 619989 TOTAL CHECK 1020 619990 1020 619990 ISSUB DT --------------VENDOR------------- FUND/DBPT 08/26/05 1312 08/26/05 1194 08/26/05 2929 08/26/05 194 08/26/05 M 08/26/05 1492 08/26/05 1242 08/26/05 220 08/26/05 08/26/05 08/26/05 1958 1958 1958 COUNTRY CLUB CAR WASH COURTESY TOW CSMFO CUPERTINO SUPPLY INC DEL ROSARIO, EDGARDO DENCO SALES COMPANY 6308840 6308840 1104000 1108407 580 2708405 DISCOUNT SCHOOL SUPPLY DIGITAL PRINT IMPRESSION 1104310 5706450 DISPENSING TECHNOLOGY DISPENSING TECHNOLOGY DISPENSING TECHNOLOGY EDWARD S. WALSH CO. EHARA, KAREN EMPLOYMENT DBVEL DEPT EMPLOYMENT DEVELOPMENT ENGINEERING DATA SERVICE 110 EXCHANGE LINEN SERVICE FEDERAL EXPRESS CORP FEDERAL EXPRESS CORP FEDERAL EXPRESS CORP FERRIS HOIST FOLGER GRAPHICS INC. KEN FOOT 1108402 1108406 2708404 1108601 580 no no 5606620 2709449 1108101 1107302 6308840 no 1104310 FOSTER BROS SECURITY SYS 1108303 FOSTER BROS SECURITY SYS 2708404 **GOLDFARB & LIPMAN **GOLDFARB & LIPMAN RUN DATE 08/25/05 TIME 12;15:31 08/26/05 1434 08/26/05 M 08/26/05 242 08/26/05 243 08/26/05 234 08/26/05 253 08/26/05 08/26/05 08/26/05 260 260 260 08/26/05 2207 08/26/05 2843 08/26/05 3260 08/26/05 08/26/05 26B 26B 08/26/05 3187 08/26/05 3187 2507304 2507304 -----DBSCRIPTION------ DETAIL V#5 FY 2005-2006 OPEN PURC FY 0.5-6 OPERG BUDGET FY 2005-2006 OPEN PURC Refund; Check - REFUND SUPPLIES B.CARD PROOF SUPPLIES A26206 PAINT SHAKER PAINT SHAKER WHITE TRAFFIC PAINT SUPPLIES A25062 Refund: check - FALL; SIT/932-0014-5 SDI/776-5260-0 R#30889 PUB HRNG BAL FY 2005-2006 OPEN PURC ADDBNDUMS MARY AVE 8/11 MPA DESIGN 8/11 GOLDFARB 7/29 MAINT INSPECTION R#30889 POSTCARDS REIM EXP COPIES SUPPLIES SUPPLIES SERVICE AGREEMENT FOR 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 - FINANCIAL ACCOUNTING PAGE 3 AMOUNT 165.00 125.00 50.00 57.77 100.00 12.20 54.13 182.67 1609.75 5563.31 1048.25 8221.31 163.72 100.00 17266.04 1141.69 3175.01 521.96 43.98 38.13 16.59 98.70 860.00 1353.95 75.99 142.54 142.54 285.08 4442.73 62.50 4505.23 ~ -L ( OBjZS.jOS. ACCOUNTING PERIOD: 2/06 CITY OF CUPERTINO CHECK REGISTER - DISBURSEMENT FUND SELECTION CRITERIA: transact. trans_date between ~08/22/2005" and "08/26/2005" FUND - 110 - GENERAL FUND CASH ACCT CHECK NO 10Z0 1020 TOTAL CHECK 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 1020 TOTAL CHECK 1020 1020 TOTAL CHECK 1020 1020 1020 1020 TOTAL CHECK 1020 1020 1020 619~~1 61~991 619992 619992 619992 619~92 619992 619992 619992 619992 619992 619992 619992 619993 619994 619994 619994 619995 619996 619997 619997 619997 619997 619997 61~~~8 61~~~8 61~9~~ 620000 620001 620001 620002 620002 620002 ISSUE DT ·-------------VENDOR------------- FUND/DEPT 08/26/05 08/26/05 292 292 GOLF LAND USA GOLFLAND USA GRAINGER INC GRAINGER INC GRAINGER INC GRAINGER INC GRAINGER INC GRAINGER INC GRAINGER INC GRAINGER INC GRAINGER INC GRAINGER INC GRAINGER INC HILTI HORIZON HORIZON HORIZON HOYRUP, FUSAKO 5806349 5806349 6308840 6308840 5606620 5606640 5806649 2708405 2708405 6308840 6308840 1108830 1108501 1108501 1108407 1108314 1108303 ICMA RETIREMENT TRUST-45 110 580 INDOOR BILLBOARD INDOOR BILLBOARD INDOOR BILLBOARD INDOOR BILLBOARD INDOOR BILLBOARD 1108315 1108302 1108314 1108312 1108303 INTERSTATE TRAFFIC CONTR 2708405 INTERSTATE TRAFFIC CONTR 2708404 JADHAV, SADHANA JIA, JIEFln THE JUNGLE THE JUNGLE KOHLWBISS AUTO PARTS KOHLWBISS AUTO PARTS KOHLWBISS AUTO PARTS RUN DATE 08/25/05 TIME 12:15:31 08/26/05 08/26/05 08/26/05 08/26/05 08/26/05 08/26/05 08/26/05 08/26/05 08/26/05 08/26/05 08/26/05 298 298 298 298 298 298 298 298 298 298 298 08/26/05 2540 08/26/05 1898 08/26/05 1898 08/26/05 1898 08/26/05 M 08/26/05 343 '08/26/05 2528 08/26/05 2528 08/26/05 2528 08/26/05 2528 08/26/05 2528 08/26/05 1981 08/26/05 1981 08/26/05 M 08/26/05 M 08/26/05 1437 08/26/05 1437 08/26/05 3313 08/26/05 3313 08/26/05 3313 580 580 5806349 5806349 6308840 6308840 6308840 -----DBSCRIPTION------ GOLF AND TOKENS GOLF 8/12 A26571 FY 2005-2006 OPEN PURC FY 2005-2006 OPEN PURC SUPPLIES PLIER WRENCH PARTS TOOLS SWIVEL HOOK FY 2005-2006 OPEN PURC FY 2005-2006 OPEN PURC FY 2005-2006 OPEN PURC FY 2005-2006 OPEN PURC CORDLESS SCREWDRIVER FY 2005-2006 OPEN PURC FY 2005-2006 OPEN PURC FY 2005-2006 OPEN PURC Refund: Check - FALL: *ICMA FY 2005-2006 OPEN PURC FY 2005-2006 OPEN PURC FY 2005-2006 OPEN PURC FY 2005-2006 OPEN PURC FY 2005-2006 OPEN PURC TEMP SIGN GLASS BEADS Refund: Check - SUMMER Refund: Check - SUMMER ADMISSION 8/18 A26573 ADMISSION 8/12 A26527 FY 2005-2006 OPEN PURC FY 2005-2006 OPEN PURC FY 2005-2006 OPEN PURC SALES TAX 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 .00 0.00 0.00 0.00 0.00 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 b-lJ PAGE 4 AMOUNT 214.50 123.50 338.00 190.32 206.86 439.53 35.56 49.98 247.46 36.88 136.09 192 .66 117.59 25.00 1677.93 309.84 832.20 393.79 2579.88 3805.87 80.00 8105.20 76.17 76.18 76.17 76.18 76.18 380.88 162.38 2078.40 2240.78 199.00 58.00 356.52 275.87 632.3~ 25.85 34.94 186.61 oa/25/05 ACCOUNTING PERIOD: 2/06 CITY OF CUPERTINO CHECK REGISTER - DISBURSEMENT FUND SELECTION CRITERIA: transact. trans_date between "OS/22/2005" and "OS/26/2005" FUND - 110 ~ GENERAL FUND CASH ACCT CHBCK NO 1020 620002 TOTAL CHECK 1020 620003 1020 620004 1020 620005 1020 620006 1020 620007 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 1020 1020 1020 1020 1020 TOTAL CHECK 1020 620008 620008 620009 620009 620009 620011 620012 620013 620014 620015 620016 620016 620016 620016 620016 620016 620016 620016 620016 620016 620016 620016 620016 620016 620016 620016 620017 08/26/05 3313 ISSUE DT --------------VENDOR------------- FUND/DEPT 6308840 08/26/05 382 08/26/05 M 08/26/05 390 08/26/05 M2006 08/26/05 M2006 08/26/05 08/26/05 08/26/05 08/26/05 08/26/05 08/26/05 2567 08/26/05 1.191 08/26/05 302 08/26/05 479 08/26/05 496 08/26/05 08/26/05 08/26/05 08/26/05 08/26/05 08/26/05 08/26/05 08/26/05 08/26/05 08/26/05 08/26/05 08/26/05 08/26/05 08/26/05 08/26/05 08/26/05 08/26/05 494 986 986 1868 1868 1868 493 493 493 493 493 493 493 493 493 493 493 493 493 493 493 493 KOHLWEISS AUTO PARTS DAYTON PRINTING INC. 5506549 LAU, STEPHEN sao LAWSON PRODUCTS INC 2708405 LIMON, TIMOTHY 110 LYNN GROSS - CERF 1103500 MATTHEW BENDER & COMPANY 1101500 MATTHEW SENDER & COMPANY 1101500 METRO MOBILE COMMUNICATI 1108501 METRO MOBILE COMMUNlCATI 1108501 METRO MOBILE COMMUNICATI 1108501 MISDU 110 NAKA NURSERY INC 1108407 NATIONAL DEFERRED CaMPEN 110 NATURES WOOD 5606620 O'GRADY PAVING INC 2709450 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 1.104300 1104300 1.104300 1104300 5706450 1108101 1107503 1104300 2708403 1.108201 1104310 1104300 1103500 1104300 1104300 1104300 OFFICE DEPOT, INC. 1101500 RUN DATE 08/25/05 TIME 12:15:31 -----DESCRIPTION------ FY 2005-2006 OPEN PURC SEPT/OCT NEWSLETTER Refund: Check - REFUND HARDWARE A27040 R#20743 DEV MAINT ORG TRAINING 7/20 CA CODES 6 IN 1 2005 CA CIVIL CODE SVC TRACE PROBLEM REPAIR POWER SHORT SKU#37961 SINCLAIR J TRYBUS 385960533 SUPPLIES *NAT'L DEF FY 2005-2006 OPEN PURC SERVICE AGREEMENT FOR REF; 301418842001 OFFICE SUPPLIES REF: 301566580001 OPFICE SUPPLIES OPTICAL MOUSE CARTRIDGE TONERS HEAVY DUTY STAPLER ENVELOP BADGE CARDREL MAP TACKS CARTRIDGE INK PAPER SUPPLY OFFICE SUPPLIES OFFICE SUPPLIES OFFICE SUPPLIES REF: 301267899001 OFFICE SUPPLIES OFFICE SUPPLIES SALES TAX 0.00 0.00 0.00 0.00 0.00 0.00 0.00 .00 0.00 0.00 0.00 0.00 .00 0.00 0.00 0.00 0.00 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 .00 0.00 .00 .00 .00 0.00 - FINANCIAL ACCOUNTING PAGE 5 AMOUNT 104.17 351.57 947.19 100.00 155.71 877 .57 262.50 32.48 285.02 317.50 65.41 60.00 754.96 a80.37 221.50 1820.45 17358.06 389.70 41949.20 -124.28 124.28 -124.28 128.30 163.60 219.57 44.08 55.08 28.07 250.45 105.00 8.69 66.79 180.29 -164.40 132.23 1093.47 56.28 ~-21 OB/2S/05 ACCOUNTING PERIOD, 2/06 CITY OF CUPERTINO SELECTION CRITERIA: transact. trans_date between "08/22/2005" and "08/26/2005" CHBCK REGISTER DISBURSEMENT FUND FUND - 110 - GENERAL FUND CASH ACCT CHBCK NO 1020 1020 1020 1020 1020 1020 TOTAL CHECK 1020 1020 1020 1020 1020 TOTAL CHECK 620018 620019 620019 620019 620019 620019 620020 620021 620022 620022 620022 1020 620023 1020 620023 TOTAL CHECK 1020 1020 1020 1020 1020 1020 1020 TOTAL CHECK 1020 620024 620025 620026 620027 620027 620027 620027 620028 1020 620029 1020 620029 TOTAL CHECK 1020 1020 1020 620030 620031 620032 1020 620033 1020 620033 TOTAL CHECK ISSUE DT --------------VENDOR------------- FUND/DEPT 08/26/05 501 08/26/05 08/26/05 08/26/05 08/26/05 08/26/05 833 833 833 833 833 OPERATING ENGINEERS #3 110 08/26/05 515 oa/26/05 M oa/26/05 08/26/05 08/26/05 526 526 526 PER S PER S PER S PER S PER S 110 110 110 110 110 oa/26/05 690 08/26/05 690 oa/26/05 533 08/26/05 546 08/26/05 2661 08/26/05 Oa/26/05 08/26/05 08/26/05 3335 3335 3335 3335 PACIFIC WEST SECURITY IN 110a501 PAN, LICHUAN 580 08/26/05 2802 oa/26/05 3220 08/26/05 3220 oa/26/05 M 08/26/05 590 08/26/05 24a2 08/26/05 2011 08/26/05 2011 PENINSULA DIGITAL IMAGIN 1108101 PENINSULA DIGITAL IMAGIN 2709449 PENINSULA DIGITAL IMAGIN 2709449 PENINSULA FORD PENINSULA FORD 6308840 6308840 PERS LONG TERM CARE PROG 110 PITNEY BOWES INC 1104310 PROFESSIONAL TURF MGMNT, 5606640 QUALITY ASSURANCE TRAVEL 5506549 QUALITY ASSURANCE TRAVEL 5506549 QUALITY ASSURANCE TRAVEL 5506549 QUALITY ASSURANCE TRAVEL 5506549 QUANTUM DESIGN 1103600 RACE STREET FOODS RACE STREET FOODS 5606620 5606620 REIS, VERONICA 580 RICH VOSS TRUCKING INC 5208003 ROBERT HALF TECHNOLOGY 6104800 S.O.S. SURVIVAL PRODUCTS 1104400 S.O.S. SURVIVAL PRODUCTS 1104400 RUN DATE Oa/25/05 TIME 12:15:31 -----DESCRIPTION------ UNION DUES *PERS BYBK PERS 1959 PERS EMPLY *PERS BYBK PERS SPEC INSTALL HID CARDS Refund: Check - Return SUPPLIES PHASE I IMPROV PLAN IMPROV PLAN FY 2005-2006 OPEN PURC FY 2005-2006 OPEN PURC PERS LTC/2405 FY 2005-2006 OPEN PURC TREE REMOVAL BAL 10/26 TRIP BAL 9/22 TRIP BAL 10/13 TRIP 9/16 TRIP BAL WEB HOSTING AUG05 FY 2005-2006 OPEN PURC FY 2005-2006 OPEN PURC Refund: Check - REFUND AUG 05 COMPOST K.STAMES W/S a/12 SHIPPING CHARGES TRIAGE TARP SALES TAX 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0,00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 PAGE 6 AMOUNT 700.58 54.34 112.53 26291.46 1883.87 127.27 28469.47 500.00 750.00 110.42 a2.43 46.a2 239.67 2547.13 345.00 2a92.13 104.42 591.00 4550.00 487.50 562.50 450.00 450.00 1950.00 1500.00 1060.46 1900.24 2960.70 100.00 700.00 1406.00 65.00 404.85 469.85 - FINANCIAL ACCOUNTING ~-3ð D~J25JD5 ACCOUNTING PERIOD: 2/06 CITY OF CUPERTINO SELECTION CRITERIA: transact. trans_date between ~08/22/2005~ and ~08/26/2005" CHECK REGISTBR - DISBURSEMENT FUND FUND - 110 - GENBRAL FUND CASH ACCT CHECK NO 1020 1020 1020 1020 1020 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 TOTAL CHECK 1020 1020 1020 1020 1020 1020 620034 620035 620036 620037 620038 620038 620038 620038 620038 620038 620038 620038 620038 620039 620040 620041 620042 620042 620043 620043 620044 620045 620046 620046 620046 620047 620048 620049 620050 620050 620050 ISSUE DT ------------~-VENDOR------------- FUND/DEPT 08/26/05 1230 08/26/05 3389 08/26/05 633 08/26/05 2397 08/26/05 08/26/05 08/26/05 08/26/05 08/26/05 08/26/05 08/26/05 08/26/05 08/26/05 08/26/053353 08/26/05 M 08/26/05 2810 08/26/05 08/26/05 08/26/05 08/26/05 08/26/05 3311 08/26/05 677 08/26/05 08/26/05 08/26/05 08/26/05 695 08/26/05 2008 2692 2692 2692 2692 2692 2692 2692 2692 2692 662 662 1523 1523 2045 2045 2045 08/26/05 ME2006 08/26/05 3376 08/26/05 3376 08/26/05 3376 SAFECHECKS 1104100 SANTA CLARA COUNTY 110 SANTA CLARA COUNTY SHERI 5606620 SAVIN CREDIT CORPORATION 1104310 SBC SBC SBC SBC SBC SBC SBC SBC SBC 1108501 1108501 1108501 5708510 1108505 1108504 1108315 1108303 1108511 SCHOOLHOUSE SVC ECONOMIC 110 SEEBACH, TONY 580 SMART & FINAL 5806349 SNADER AND ASSOCIATES IN 1103500 SNADER AND ASSOCIATES IN 1103500 JANA SOKALE J ANA SOKALE 427911.2 2809213 LEE STANFORD 5506549 STATE STREET BANK & TRUS 110 SVCN SVCN SVCN 1104300 1104300 5208003 SYSCO FOOD SERVICES OF S 5606620 TECH MUSEUM OF INNOVATIO 5806349 TOGNETTI, SHAWN 1108201 TOTAL QUALITY MAINTENANC 1108508 TOTAL QUALITY MAINTENANC 1108314 TOTAL QUALITY MAINTENANC 1108303 RUN DATE 08/25/05 TIME 12:15:31 -----DESCRIPTION------ AP CHECK STOCK (5K) DUP PMT REFUND FY 2005-2006 OPEN PURC J0131303354 SEPT2005 8/07-9/06 8/07-9/06 8/07~9/06 8/07-9/06 NEW SVC 7/18 NEW SVC 7/25 NEW SVC 7/15 NEW SVC 7/15 NEW SVC 7/18 R#30889 BUNGALOW CT Refund: Check - SUMMER SUPPLIES 26068 SONY PDB64ME SONY PDE64ME 5/21-7/22 5/21-7/22 REIMB 8/19 THRU 9/22 *PERS DEF FY 2005-2006 OPEN PURC FY 2005-2006 OPEN PURC 8/3 DISPLAY AD FY 2005-2006 OPEN PURC ADMISSION 7/28 A26500 HAZMAT WKSHP 9/5-9/9 JANITORIAL AUG2005 JANITORIAL AUG2005 JANITORIAL AUG2005 SALES TAX 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 .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 ~ FINANCIAL ACCOUNTING fa -3l ~AGE 7 AMOUNT 643.07 239.06 2090.96 114.66 55.54 55.54 55.54 55.54 152.13 137.81 158.29 88.85 152.13 911.37 225.00 31.00 19.97 1732.54 1243.25 2975:79 3424.74 45.46 3470.20 706.49 3623.97 159.25 55.25 374.00 588.50 4623.40 420.00 164.50 335.00 2415.60 805.20 OB/25/05 ACCOUNTING PERIOD: 2/06 CITY OF CUPERTINO SELECTION CRITERIA: transact. trans_date between "OB/22/2005" and "OB/26/2005" CHECK REGISTER - DISBURSEMENT FUND FUND - 110 - GENERAL FUND CASH ACCT CHECK NO 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 1020 1020 1020 1020 1020 1020 1020 1020 1020 1020 1020 1020 1020 1020 1020 1020 1020 1020 1020 1020 620050 620050 620050 620050 620050 620050 620050 620050 620050 620050 620050 620050 620050 620050 620050 620051 620052 620053 620054 620055 620056 620056 62005B 620058 620058 62005B 62005B 620058 620058 62005B 62005B 62005B 62005B 620058 620058 620058 620058 62005B 62005B 62005B 62005B 62005B ISSUE DT --------------VENDOR------------- FUND/DEPT 08/26/05 OB/26/05 08/26/05 08/26/05 08/26/05 08/26/05 08/26/05 08/26/05 08/26/05 08/26/05 08/26/05 08/26/05 08/26/05 08/26/05 08/26/05 08/26/05 M 08/26/05 1993 08/26/05 724 08/26/05 727 08/26/05 1154 OB/26/05 08/26/05 08/26/05 08/26/05 08/26/05 08/26/05 08/26/05 08/26/05 08/26/05 08/26/05 08/26/05 08/26/05 08/26/05 08/26/05 08/26/05 08/26/05 08/26/05 08/26/05 08/26/05 08/26/05 08/26/05 08/26/05 3376 3376 3376 3376 3376 3376 3376 3376 3376 3376 3376 3376 3376 3376 3376 738 738 310 310 310 310 310 310 310 310 310 310 310 310 310 310 310 310 310 310 310 310 TOTAL QUALITY MAINTENANC 1108504 TOTAL QUALITY MAINTBNANC 1108505 TOTAL QUALITY MAINTBNANC 1108407 TOTAL QUALITY MAINTENANC 1108503 TOTAL QUALITY MAINTBNANC 1108302 TOTAL QUALITY MAINTENANC 1108511 TOTAL QUALITY MAINTBNANC 5708510 TOTAL QUALITY MAINTBNANC 1108513 TOTAL QUALITY MAINTBNANC 1108315 TOTAL QUALITY MAINTBNANC 1108512 TOTAL QUALITY MAINTENANC 1108509 TOTAL QUALITY MAINTENANC 1108502 TOTAL QUALITY MAINTBNANC 1108506 TOTAL QUALITY MAINTENANC 1108507 TOTAL QUALITY MAINTBNANC 1108501 TOURBTTE, MARIELLE sac TREASURER OF ALAMEDA COU 110 TURF & INDUSTRIAL EQUIPM 5606620 U S POSTMASTER 1103400 UNITED WAY OF SANTA CLAR 110 VALLEY OIL COMPANY VALLEY OIL COMPANY 6308840 630B840 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 VERIZON WIRELESS VERIZON WIRELESS VERIZON WIRELESS VERIZON WIRELESS VERIZON WIRELESS VERIZON WIRELESS 1104510 6104800 110B101 1104400 1101200 5208003 1103300 1104000 5B06649 1104300 1104530 1106500 1107501 1107503 110B001 110B005 1108102 110B201 1108501 5606620 RUN DATE 08/25/05 TIME 12:15:31 -----DESCRIPTION-----· JANITORIAL AUG2005 JANITORIAL AUG2005 JANITORIAL AUG2005 JANITORIAL AUG2005 JANITORIAL AUG2005 JANITORIAL AUG2005 JANITORIAL AUG2005 JANITORIAL AUG2005 JANITORIAL AUG2005 JANITORIAL AUG2005 JANITORIAL AUG2005 JANITORIAL AUG2005 JANITORIAL AUG2005 JANITORIAL AUG2005 JANITORIAL AUG2005 Refund: check - SUMMER A LOPEZ JR 566398126 PARTS BEARNIG FILTER 6 ISSUES MAILING UNITED WAY FY 2005-2006 OPEN PURC FY 2005-2006 OPEN PURC #408456999 JUL2005 #408456999 JUL2005 #408456999 JUL2005 #408456999 JUL2005 #408456999 JUL2005 #408456999 JUL2005 #408456999 JUL2005 #40B456999 JUL2005 #408456999 JUL2005 #408456999 JUL2005 #408456999 JUL2005 #408456999 JUL2005 #408456999 JUL2005 #408456999 JUL2005 #408456999 JUL2005 #408456999 JUL2005 #408456999 JUL2005 #408456999 JUL200S #408456999 JUL2005 #408456999 JUL2005 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 .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 PAGE B AMOUNT 3470.00 2165.00 1515.00 1020.00 402.60 325.00 2413.84 329.16 402.60 1151.00 335.00 4755.00 260.00 1134.00 2008.00 25242.00 190.00 253.84 231.94 16200.00 72.00 7711.80 158.68 7870.48 42.18 92.34 42.1B 42.18 42.18 42.18 43.53 42.1B 42.18 43.53 168.72 84.36 42.18 345.67 42.18 42.18 154.31 534.09 43.53 42.1B - FINANCIAL ACCOUNTING ~-]2..- OQ!2;JC\ ACCOUNTING PERIOD: 2/06 CITY OF CUPERTINO CHECK REGISTER - DISBURSEMENT FUND SELECTION CRITERIA: transact. trans_date between ~08/22/2005" and MOaj26/200S" FUND - 110 - GENERAL FUND CASH ACCT CHECK NO 1020 1020 1020 1020 1020 1020 1020 1020 1020 TOTAL CHECK 1020 1020 1020 1020 1020 1020 TOTAL CHECK 1020 1020 1020 TOTAL CHECK 1020 1020 1020 1020 1020 1020 TOTAL CHECK 620058 620058 620058 620058 620058 620058 620058 620058 620058 620059 620059 620059 620059 620059 620059 620060 620061 620061 620062 620063 620064 620065 620066 620066 TOTAL FUND TOTAL CASH ACCOUNT TOTAL REPORT ISSUE DT --------------VENDOR------------- FUND/DEPT oa/26/05 oa/26/05 08/26/05 Oa/26/05 08/26/05 Oa/26/05 Oa/26/05 oa/26/05 08/26/05 08/26/05 08/26/05 08/26/05 06/26/05 08/26/05 08/26/05 08/26/05 2904 06/26/05 761 08/26/05 761 08/26/05 768 08/26/05 2498 310 310 310 310 310 310 310 310 310 1839 1839 1839 1839 1839 1839 06/26/05 M2006 08/26/05 M 08/26/05 799 08/26/05 799 VERIZON WIRELESS VERIZON WIRELESS VBRIZON WIRBLESS VERIZON WIRELESS VBRIZON WIRBLESS VERIZON WIRELESS VERIZON WIRELESS VERIZON WIRELESS VERIZON WIRELESS KRIS WANG KRIS WANG KRIS WANG KRIS WANG KRIS WANG KRIS WANG 1106400 1106503 2308004 1106200 1108601 1108602 1106830 1106265 1106300 1100000 110 1100000 1100000 1100000 1100000 WEBEX COMMUNICATIONS INC 6104600 WEDEMBYER BAKERY WEDEMEYER BAKERY 5606620 5606620 KIERSA WITT WEST GROUP PAYMENT CENTE 1101500 1101070 YEE, BOB YEH, CHI ZANKER ROAD LANDFILL ZANKER ROAD LANDFILL RUN DATE 08/25/05 TIME 12:15:31 5506549 SBO 5208003 5208003 -----DBSCRIPTION------ #408456999 JUL2005 #408456999 JUL2005 #408456999 JUL2005 #408456999 JUL2005 #406456999 JUL2005 #408456999 JUL2005 #408456999 JUL2005 #408456999 JUL2005 #406456999 JUL2005 20634 NANC'l CT 20634 NANCY T 20634 NANCY CT 20634 NANCY CT 20634 NANCY CT 20634 NANCY CT MONTHLY SUBSCRIPTION FY 2005-2006 OPEN PURC FY 2005-2006 OPEN PURC 7/15-8/14/05 MUNICORP 8/23 PC MTG FOOD SENIOR GOLF TOURNMNT Refund: Check - REFUND JUL YARDWASTE JUL COMPOST DELIVERY 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 .00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 PAGS ~ AMOum 138.52 84.36 42.18 42.18 42.16 165.15 42.16 44.69 84.46 2680.16 16.20 7.50 -213.84 -285.37 1200.00 -102.37 622.12 600.00 317.58 714.72 1032.30 1181.56 62.68 280.00 10.00 16282.75 100.00 16382.75 433452.67 433452.67 433452.67 - FINANCIAL ACCOUNTING ~ -3'3 RESOLUTION NUMBER 05-147 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 August 12, 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 $ 478,215.28 Less Employee Deductions $(127,33 I .38) NET PAYROLL $ 350.883.90 Payroll check numbers issued 83783 through 84082 Void check number(s) CERTIFIED: ('~ ~ Director of Administrative Services PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this 6th day of September ,2005, by the following vote: Vote Members of the City Council AYES: NOES: ABSENT: ABSTAIN: ATTEST: APPROVED: {-I RESOLUTION NUMBER 05-148 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 August 26, 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 $ 464,112.66 Less Employee Deductions $(126,294.46) NET PAYROLL $ 337.818.20 Payroll check numbers issued 84083 through 84363 Void check number(s) CERTIFIED: ~ ~ Director of Administrative Services PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this 6th day of September ,2005, by the following vote: Vote Members of the City Council AYES: NOES: ABSENT: ABSTAIN: ATTEST: APPROVED: 7-:Z "' I I\~ I('\~ /~ ,/,-, F CUPEIQ1NO . City Hall 10300 Torre Avenue Cupertino, CA 95014-3255 Telephone: (40S) 777-3220 FAX: (408) 777-3366 DEPARTMENT OF ADMINISTRATIVE SERVICES SUMMARY Agenda Item No. c¡ Meeting Date: September 6, 2005 SUBJECT Accept the Treasurer's Investment and Budget Report - July 2005. BACKGROUND Attached are the Treasurer's Investment and Budget report for the period ended July 31, 2005. The report includes all funds in control of the City. Investments The market value of the City's current portfolio totaled $38.6 million at July 31, 2005, with a maturity value of$39.0 million. The slightly lower market value of the individual securities (compared with cost or maturity values), indicates that rates have risen since the time of purchase. The City intends to hold investments until maturity to redeem full value of the securities plus interest earnings up through the maturity date. The Local Agency Investment Fund (LAIF) yielded 3.083% in July compared to 1.604%, a year ago. LAIF yields have risen consistently as interest rates have increased. The City's portfolio as a whole yielded 3.02% in July. Short-term agency yields increased slightly during the quarter. Overall, the City's current investment portfolio decreased $400,000 since June. The decrease is primarily due to the payment of year-end obligations and increased maintenance. The investments of the City of Cupertino are in full compliance with our City investment policy and/or State law, and are tiered to adequately provide the City with sufficient cash flows to pay its obligations over the next six months. Printed on Recycled Paper g--I Revenue/Expenditure Trends Bottom line, General Fund revenues are tracking at anticipated levels given the timing of our revenue receipts. In addition, current year trends are consistent with the prior year levels. Hotel tax revenues are still on the rise and our development activity has kept revenues from permits and charges for services strong. Departmental expenditures are below budget due to the city's hiring freeze (fourteen positions were vacant during July) and continued deferred maintenance wherever possible. RECOMMENDATION: Accept the Treasurer's Investment and Budget report for July 2005. Submitted by: Approved for submission: ~,~ Carol Atwood Administrative Services Director ~ David W. Knapp City Manager ¡~J.- l' , - - Sf. c." URITIES MATURED/CALLED, - ... -.-. _un. -- t --f - t----- ·,-----+-f----r -- =~ F =1 j:'".I~=:ti;~~:=!~k~~'-_j·~ ~ :d-- __ i __~7!31105 ¡~~1~ ~~go - Wor~ers Camp 6966 6966 6,966 c~~~~ _ !:7QI~~tl1S F~g=~h~n:~~t=t-i~:~::~~~~~ r-]::~~:~il t:~%~!~t ~=t.. -- J _~7)Jj/OS I LA: ~St¡¡¡~POOI- - -__--r~~_ 308o/{- 14.¡lIo,240 r-l4,öl0.240.1-_ 14.(10)40 L lCEKIlFIC~S OF DEPO~!I:___ - -- r 1--- I ----1- ___n_ 1 - I _n-~{;~:;~r-n~:;;~;~-: :~~~~:ru~:::~s.avin~Bank: 1_ :~~~j~~:~~~ !:::~~~ {n:~- i:::~~~ --ì~~~I~~I"-lri~ -iE ·¡i~~-I .~E! _n -j 03/26/04-' - -09/26/081SouthcõaŠt Cooununtiy Bank --;9----· fiO%l--98~ÕOO-:-- 98,000; 9(i89-~-- (3,711) CP1::;~- :::: ,~;==~-1J-2~t~~.!·f-:~eì -_l;t g;~ ~i~~~t~~r"'"~~ ---[I: ~~i:---~:f-=:¡~~f- · nr~~!~n1~;~~1~n~i~~~~=~- ----~-~+ _nnm~: - ~~ä~J .. ~H~~i- -. ~if~t6u7_; «(~:m¡ __ .1 01/12j(j4_ 08/06/0~LB©.step n -'2 ' 300%1' 997.489..:_ ,. ..I..'0_:_~f,~~~1.. _ _ 987'810 __ (9.679) ____ 08/07/02.. 08/07/06 FHL¡¡©,st~_ ----;Z 2,33% _..500,00(j+ IT 493,125 __~6.875) 08/11/03 08/11/06 FHLB© t2 ---T50o/,,: 2.400,000 : 2.400.000 : 2:361,000 '_(39.0002 -0272-5/04- - -0-2725/08 FHLB©- 2' 3.130/,,' - -'.(jOO.OOO L 1.000;000 972,480 __(27.520) j ~::::¡. ~;;:::;:~~- -~ T :::~I ::::. ::;::~:: Q'¥;: =¡~~I~~Ç--=;t~~- ~ii 1·:!St'¡599r6:..:.0z..~5-_00~..r¡1.-1~rm¡ -- j -- ~;;~~;~~ ~ ~~;~~~~ ~:::A©' step -;~ 'H~~¡ 1.~~~~KEu 1.~66~K~l 976,880 , (~~~m~ I 127}~03: 12/30/08 FHLMC©. SloE .. __._.t222_-_--.....-¡i.-_.._. 275%; _ .. 1.000.0001 u_I.OOO.OOO. 1.000.140 140 _ _~~~29/~_~ 1~(~9/0~ ~_~_~B©, _~~er _ _~~O~~~__ _ _ 30~~~Q _____30_~~~~~+_____-_ 293'?~J_t¡ _ (6.093) 00'___ "",,"=~",,=-. +,. "", _:'",",";--'~""":¡_ ""'"r""" City of Cupertino July 2005 ACTIVITY DATE PURCHASE MATURITY ADJUSTED COST MARKET VALUE -------------- REF YIELD MATURITY VALUE DESCRIPTION UNREALlZE PROFIT/LOSS - o o o o o 0-3 City of Cupertino July 2005 ACTIVITY DATE PURCHASE MATURITY -- DESCRIPTÎON-- ADJUSTED REF YIELD~ ~ COST MATURITY VAL~ MARKET ---- VALUE UNREALlZE PR(}frfiwss i- __ _ __~ =--- ~---_- - + ~ -===-J r- ~:;f~~: r ~~~;~~~!~~~~~~ -===-tF- ;_.~~_~-li ~=3~~:~~~1, ~ ~~ ___6'¡¡187~ IOii8i67r'lLBFloater -'2 '357%; 1.500.000 ---=-L-~~VE~N~ENT~-ECUR~IES -=-~ _n_: f- ,- 19,9SI),915 t U~ t --03~1/~ì__68131IOTSTfeas-u~NO¡e - - =--E :- ~ 3 63~ ~_ :~~:~:~ . ~iTot'l Man:ged p~rtfO~i~, ~__=--~~--- =r-- I 38,956,726, ___ ~~verag~~ield________ J________ _______ _____-;-___. 3.02% ; Average Length to Maturity (in years) I 1.39L_ --F==--~-=T=-r=-= ~------l -l--¿~- - ;m"",. ^~'" .."J,"~ 1 CERTÏFICAiES OF DEPOk,--_u --I ~ ¡---- 07/2!~O I __Q7g l/Ö-Ð Cup~in?-Natl(~~~~tt--Trii~L__:16))_~¡___~-_--- ~:~~: ------- 1,192.128 ; 492.575 i 1.497.480 I - _________t___ 19,655,406 ' (295,509) --~-r-- _ U~~:~~~t~=- -}~~=- _._~ j _ 1.200,000 ] _-,-.~%t.~~~ L- ~ 20,008,741 i -=-- I I (7.872) (7.410) (2.520) 1,130 o 39,031,972 38,628,310 -------- (295,509) ------+------ ~-1__ _ , ,Total Trust&Agencÿ-PortfoIlO I _¡- - - __ - - -- îU' U_ -t- -.:-=¡ - -L- -- --.. I -t-- 1- ~=-!- -~J= --=_-IIIONDRES1!RVE-PòF'fFOLIÖ- I =-¡ Bond Reserve Portfolio - #078791 _, . ._.__u___ _.__.n.._._.... ._. ....______ ,~~ond R_~~e Portfolì~_-=-_~_0~!!~3 Bond Reserve Portfolio· #078794 -- ,-To-iäfSondReserve Portfóllo------ i-=f- -~-f=~_~:-: 4~-=r-: ~- . F~=r-==-- -==~!I-=f ~ 42.i94~ 42,294 --.----. --;---- 42,294 ¡ ---, 42.294 I 42.294 o _no. _____ ___ 42,294 I o -t---f- 11.050 ]-~ 1, -------- ¡ 2,054 ! 13104 -- :1.~50 l 11,050 0 I 1 2.054 2.054 0 13104 13104 0 l---r - - [ --r-~-~ ., ~~~~--- : ~ ~ -- ---:- ···1- - ~--=-I-- '! g-ý 3.50% AgencyNmes 50% Investments by Type Managed Portfolio US Trea~l1[yNoles J% /////~~ ;;;;;: 111{~~:t).>..~ ';;;; ~11111111~h, ";;; I~IIII~~~~~~~ ;;; ~~~~~~~I~I~III~#., ;; ~BI~~III{$.IIIII~ LAlF N ~11~I$jIIIIBIIII~ 36% ,; ~~~I~,-,-~~~~~~~~~~~) '" ~IIIIIIIJjlllllllll' ~~~~IIIIIIIIIJjllll~ ~~~~n-~~~~~~~'-'-~'-'-~~ ~IIIIIBIIIIIBIIIII'I ~~~~~~'-'-n-n-~~ !:~~~~j!; ~"IIIIIIIII{$.IJjll ~"IIIIIIIIII{$.I~ ~"IIIIIIIIIJJ ~"IIIIIII~ ~~~~~I( ~"17 C~h 6% CD's 3% I Rate of Return Comparison I 3.00% ---~._-."-------._------ 2.50% 2.00% ----.... 1.50% 1.00% 0,50'% ----.-.-"---..-------.------ 0.00% - --_.__.~- - ._-----------------~-- - ..",-_..._-.---_.,,- -----~-- --_._..._~_.--.--- ----------------- 3f04 4/04 5f04 6/04 7/04 8f04 9f04 10f04 11f04 12/04 1/05 2/05 3/05 4/05 5/05 6fOS 7/05 --+-- LAIF , _Cupertino I ~-j COMPLIANCE WITH INVESTMENT POLICY City of Cupertino 7-31-05 Category Treasury Issues US Agencies (eg FHLMC) Medium Tenn Corporate BondslNotes LAIF Money Market Funds Maximum Maturities " Per Issuer Max Bankers Acceptances Commercial Paper Negotiable Certificates of Deposit Repurchase Agreements Reverse Repurchase agreements Standard 'No limit 'No limit 30% with A rating $40 million 20% 25% up to 15 years Remainder up to 5 years 10% (except LAIF) 180 days & 40% 270 days & 25% 30% 365 days Prohibited Complies Complies , Complies Complies , Complies Complies Complies Complies Complies Complies Complies Complies Complies Comment l-& City of Cupertino General Fund BU4:1getR. ep~rt.. _.__±___ July 31...1.0051 ____ __H Budeet 2004/05 2005/06 Actual 7/31/2004 7/31/2005 , -1-- ._ 2,737,365 ,600,000 228,113 : 133,334 -4,864,000 -5,118,000 -405,333 , -426,500 ,. --- -,-- -'<-.---------- , -765219: -826486 -] 101 170: -I 016957 't since January 2005 pI"" checks fees Analysis of Trends Taxes: Sales}ax__ 8,400,000 9,150,000 - 322,4).01 . - i75~0501 _ Property Tax 3,748,000 4,157,000 O¡- 0, . ~:=e;:ccup~cy ---~-I~~~~õõiH---n~~~ÓÓ---~3~:~~il 1ió:~¿~I- FranchiseFees__~~,31~,0001__~0,000 ___ 0' 0, Other Taxes 1,435,000! 1,550,000 69,2981 77,962: I,icenses andPennits --ÜOÒ:OOO' 2,80Ò~OOO -- -141,1831 . 388~OÒ5 r I Ret1~~iS£Os.t!~covery rates for~llildin¡¡ permitsand Use of Money & Property ~_1,186,900' 1,075,000 102,048, 30,982, b~ _______________ Intergovernmental ,___ 2,820,687' _ 3,052,0~0 251,~7 :_.24,618, VLF reclassed pennanently to property taxes Charges for_Services 490,000 i 1,285,0()0 -'-___§7,442 95,4311 Refj"c.ts costr"covery rates for engineering, zoning '" planninj¡ I'in~s & Forfeitures 600,000: 650,000 0 3,392, CitationslMoving Violations Other Revenue 162,000 116,200 ___ 3,609 12,207, _________~__ ____ Sale of Property 1,500,000 1,500,000 0 01 -+-- _T<>.IIiLRevemle__L 28554587 32040200 1 102587L_ 1083477[ ¡___ ________ t----- - Operating Expenditures: . i ¡ I --r--.----~- . .---- ---,---- -- ------+---+- ----- Administrative I. .... 1,360,074 1,345,235 f. 71,7221.. 83,5391 . Law Enforcement . , . 6,72Ù53! 6,9(9)23--,-----552,5281- 561,8911 r- -- cOIrununity-service_t-_718,3551 __8.32,445 --=t-- _38,060~ 47,9621 T - - --- Administrative service1----=- 4,104'818~ _ _4'5~-! 592,185+-__ ~8,260¡ Vacancies and timing of insurance premiums . Recreation Service 2,261,219' 2,428,787 ___ 173,344 213,491 Conununity [)evelopment I 2,661,498 3,392,8391_126,149 133,400 Public Works ,9,364,054 9,779,2991 472,549 528,725 Total Expenditures L27191 171 29148686L_ 2 º26 5371___ 1807268 1- : Payments rec'd Nov- Jan & Apr-June Occupancy rates have been increasing Large payment received in June . Large p"y;,;e;;i~eceived - ill June º"erating Transfers In ü£'erating Transfers Out ~ ~ Revenue Comparison 450,000 400,000 ~-_._----_.- t' 350,OOO~- ,< .y- 300,000 , { ---------..--.. -- ---- -.-.---- 200,000 150,000 ~ _________n_ <'0 }( " 100,000 50,000 - D 0 .IT 4 6 7 9 10 11 12 13 Expenditure Comparison 700,000 600,000 400,000 500,000 -------,.- -- 300,000 200,000 100,0001'--- o 2 3 4 5 6 7 1 Sa1esTax 2 ProperryTax 3 TranscientOccupancy 4 Utility Tax 5 Franchise Fees 6 Othcr Taxes 7 Licenses & Permits 8 Use of Money & Property 9ln!ergoyenUnelltal 10 Charges for Services 11 Fines & Forfeirures 12 Other Revenue 13 Sa1eofProperty r-.YTO 7/31/04 i [¡YTO 7/31/05 1 Adm.inistrative 2 Law Enforcement 3 CorrununityService 4 Administralive Service 5 RecreatiO(J Service 6 COllillmnity Development 7 Public Works F-t Capital Projects 6/30/05 ___ ____ _ 6/30/200,5._ _ --+-= __ + Fund Proi# ¡otion ___ C/O bud Adooted chanae I Total Budaet Encumbrance I Exoenditun urrent Ba!. 210 9612¡MinorSt' nlmpro"-, ),320cOO¡" 44.511.80,~,953! ------=---J- 7478ÙO __----ª':J20.001 "40,404. __31c()60:06 215' 9620 , Slorm Dr rOJects 15.000.01 840,167.55 75,000:- 940.167.56 120.353.00 9,668., 810,146.14 __._~ I __ - --. --- - -I- --.. -+---~ .-- ---- . ..-- 270' 9430!Slev Car ¡d widenin9 ;5.290.41 T003.00 =--, ' ,_~,.' 62,293.4,1L-52,000.55 ,}º.289. -- 3.00. 270 9432' Hmstd b, ,e T/S modif. 0.00 56,000 ,56,000.00, 0.001 55,589. 410.49 270 9435"Neigi1b01 traf_calming .- _ _ _~ ¡ ____-- ::._.5,000.00¡_____------r::.....:5,00000·__________1________~-~ --5,000,0Q. 270 9436'SlevCrk Bike facilities ,_+ ,30.219.00 _ _+ ___ .1_~219.00+----_ .~, __ 30,219,º0 2]0: 944~IBomnger iketacilityimprov,t 11),371..21.....__156.358,29 ___-¡----- ___..l_ 202.729]R~943.62136,42L _156,358.29 270: 9447 MaryAv, ¡ateway 17,476.07 89,315.01 '106,791.08 6.960.00 O. 99,831.08 --- I -------- ----.-.-------..- _ ~._.- -- -.. - ~._..._-- ---..---- --- -------..-.--------- - ----- 270 _9449 Mary Av' Foolbridg-", )5.000.00" 498,594.78 ___~.800.~ _,_, 6,1 03,594.7-ªL--Ji4_3,042.83 ,287.545. 5,273.006.76 270 9450j'avemer "agernenl _,--'- _8,513~&_ 682.205.18 ,~,000f--- __,~ 1,440.718.91L ----ªª'-407.~..J85,440. _1,066,871.43 27.,01.953, .1 !Ram.p. m. ignaI280/~.. ì 29.816.70 i__--.!0~2n83 ___' . ' ',' 3Q.0,034. ..53. 2,29.816JOI'_ 0'--.!().2.17..8.-~3., _1ZQU.532ISR85/SI1 K T/S mOdificalR'on ____nO 49.378.49 ~_ _...L.._ ~ 49.378.49 --+-_ 49,378.49 _ 2701- 9701jSidewalk ¡unimprvareas _ ---L- 30,()00.00 _ ,___ _~_ 30.000.00 __ -+--, __30,000.00 _~O, 9,702 I Citywide parkingfacililies__ t __ :_....J'1..789.~, _+ _ (51.78900J__ _0.00 _ __, ,____ ___O.OO~ 2801 9213 McClella, lch bldg improv. ' I 211,652.00: 211,652.00, 171,49181 37,513.2 2.646.95 420i-9113iStev Crk "asterplan ~ --. 6.260.70 .- - ---¡---- (6 260 70)1 - 0.00:--- - - - '-0,00 -{~~i -~i'¡v ~r~r r~~::,r~~~~~3:' _~~ t _ _ ;:::~~~!J-- ~ - (3~~62~ ~~F- 53,89~~~! --=- __r--.'-17001 :~,n~~~. 420 9216¡Servicec rexpanison _ 19.!!1!8-ºº-:. _15,976.55_~_ __~_ ___. _ 35,86~.551_ ---+-_.35,864.55._---º,º0 420 9219'Animal I> I facilities : 0.00 , 500.000.00 , , ,500,000.00: 500,000.00 , 0.00 i-!ii~I~~ ~~tT:::~menis~J~~,--t:~~~!tr ....50.000001-.. 0;&;~~~¡1_ ~'.. ;;;;rl!~--- 25,~9382f--=;~~:;; 1~-~'1]~~ ~rm~~I~e~~~: ~~~~f~ell1:: ! .-=-::-. T~~~--. . 1~~:~~~:~~:- - --~-i ~ 1~~:~~~:~~1 '.. .-~~~ -~~;;~~ 4i:g~::~- _ 420~---ª-~CHe.rner~ge"erator§.. __ . .____-----1-_10,000.00 ,,__ --i-, 10,000.00' .,._,__ .~__.1D.000.00 420l 9528¡2801W01f ffic safety imP..rov. ,.. ,21.1.3. 2..§0 '.' 10.7.,554.20-1--, _ "_..' i~,686~, _21,13.2.5.,0,--.0.00 i. _107. .554.20., 420 9530lPhaselll ¡ldarterialrn9ml _,__, 3_9.936.90, n__ ---L _ 39.93~9,0i__ _+_ un '. 39.936.90 _420i ". 9533¡Green L! '~ii9hIS_. __', 0.Oq+-_.261 ,251 07 I . __:n____n_.. 261.251..0.~-_ ,___ .~. 261,251.~,L. :"Loo",~~ '00_ '"' .. -, ~"'1t --+-- --- - ~.N',æ . - I -- - ~,".' . 420J 95411.Schoollr calrrling meas~re! .. 0.0..0,_ 47,6.8_6.55 .' n!-_ n_ ! , 47,686.551. __ _..l..._.. t 47,686.55 420, 9544: Safe -,-oul HS _, __'j 70.556.80 ¡ _, 403,737.54 .-----!__, ,-1" 474,294~ 10.5.7.5.62, .. 224.971.17 . _ 238,747.5.5.. 420, 9545[T/S upgn v~"ous iocallons ," _' .. 2º.000.00., 100,000.00 , ----1 ,120.000.00¡ ___ O,OQ.;".n _ 26,473.03 , .... 93,526,9.7 _~20'_..95.4.7!YeIIOW pI õD T/supg.rades. .' 188'100.00L. .11,900.00 ' . 60,000.00,__ .--,--260,.000, .00;,_0.001. 257c843,~1...:..-.-, 2,15.-.609 -420I'-95~Traf sl Wi ,ility mods facility' _----º'º-OJ _ . 5,000.00 I . "----i--. __u "~OOOcOO __ ' 2.500cOO i~O,OO ~49',saferoul "den Galescho.o.1 . 0cOQ...... 205.00~270,00().00_L-. _ "~. ' . 475,000.00, __ -1--.. !. 47.5.000,º0 420! 9550,T/S batte )wer backup =t' 0.00, 200,000.00 ' '200,000.001 ' ' 200,000.00 423-:-9Cjbrary-¿' U.ction .. .. -. . . -7,4 If2,(j4 ,_ 825.738,27-1---- . _- 45'1;035,00 L 8.737,1553.-~ 3,600.00. 8,340~571,'io~--=-392,983.61. 425, 9313¡Four Se, Corner_ 00.00 '76,861.60 " ' _ 81.861,60 ~OO 79.343.51 . 2.518.09 426!9212'Sports CI less expansion "----¡'1,152.00-:- '-- ..-_____. ... 1.152.00¡ o,ööT .0.00 ' 1,15ioo __427) 9112Ste.veiiS; ",rridorp"rK· .~ .--:-:----=t:.--~- 000 I 2.843,72553' 2,843,72.5ÆL-19º.865.22'f=- 45,779.58i-2,607.08º73 560! 9105,Blackben "m ',00 531.644.96, ' r---531,644.96, O.OO! 3.250.00 i 528,394,96 --------;---_.-_._~--- -- -----+- _ ----...-j----- -------,----- -- ___oj _____ __¡.----- ~ ---- ,- ---------..-- 560 9112,BBF.rl'as ,Ian study -I OQ.,..... 47,]09.29 , ~,7092QL ,----º--Q.O__O.OQ.:.. __ 0.00 '-----º'ºº 570 _ 9230,T-""nisl> 'esurfacin~_i 001___ 0,00 __150.000.00 .__---.!50,0Q.0"ºº_ ---º,OO 38,550.0Q._.J.!1,450.00 i 1'01,,1-- 586.197 ,779.26 6,552.953.00 3:151 ,842:00-24,894,063.74 1,476,802.77T10,52i.940.80 ,8: <:::>.¡¡ \ -...f) .......i t~~····~ ,,,.- I CUPEIQ1NO . City Hall 10300 Torre Avenue Cupertino, CA 95014-3255 Telephone: (408) 777-3220 Fax: (408) 777-3366 DEPARTMENT OF ADMINISTRATIVE SERVICES SUMMARY Agenda Item No. 9 Meeting Date: September 6, 2005 SUBJECT AND ISSUE Adopt a Resolution Accepting the Treasurer and Deputy Treasurer Appointment BACKGROUND Chapter 730 of the statutes of 1976 Section 16429.1 was added to the California Government Code to create a Local Agency Investment Fund in the State Treasury. This Section requires government agencies to appoint a treasurer and deputy treasurer on an annual basis. The attached resolution extends the current appointment of the City's treasurer and appoints our new Finance Director as Deputy Treasurer. This legislation was intended to provide ongoing review of investment issues by the governing body. RECOMMENDATION: Adopt the resolution accepting the Treasurer and Deputy Treasurer appointment. Submitted by: Approved for submission: ~âahmJ Carol A. Atwood Director of Administrative Services 5iß>L David W. Knapp City Manager Printed on Recycled Paper 9-( DRAFT RESOLUTION NO. 05-149 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO RESCINDING RESOLUTION NO. 05-020 AND APPOINTING TREASURER AND DEPUTY TREASURER WHEREAS, the City has available funds to invest in accordance with principles of sound treasury management; and WHEREAS, the City annually adopts an investment policy; WHEREAS, the City invests funds in accordance with provisions of California Government Code Section 53600; and NOW, THEREFORE BE IT RESOLVED, that the City Council of the City of Cupertino hereby rescinds Resolution No. 05-020 and appoints Carol Atwood City Treasurer and David Woo as Deputy Treasurer effective September 6,2005; and BE IT FURTHER RESOLVED that the City Treasurer is empowered and specifically authorized to invest and reinvest City funds in accordance with California Government Code Section 53600; to buy, sell, trade and deal in authorized securities on margin or otherwise in connection therewith and to pledge any and all securities for future delivery thereof. PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this 16th day of September 2005 by the following vote: Vote Members of the City Council AYES: NOES: ABSENT: ABSTAIN: ATTEST: APPROVED: City Clerk Mayor, City of Cupertino q-;¿ ,-:'\ I .,~ "1 ~ /' ""'/T' . City Hall 10300 Torre Avenue Cupertino, CA 95014-3255 Telephone: (408) 777-3220 Fax: (408) 777-3366 CUPEIQ1NO DEPARTMENT OF ADMINISTRATIVE SERVICES SUMMARY Agenda Item No./O Meeting Date: September 6, 2005 SUBJECT AND ISSUE Authorize the Investment of Monies in the Local Agency Investment Fund (LAIF) BACKGROUND Chapter 730 of the statutes of 1976 Section 16429.1 was added to the California Government Code to create a Local Agency Investment Fund in the State Treasury. The State now requires a specific resolution be adopted by each agency authorizing the deposit or withdrawal of monies into LAIF. The attached State resolution satisfies this requirement. RECOMMENDA nON: Adopt the attached resolution. Submitted by: Approved for submission: ~a~ Carol A. Atwood Director of Administrative Services ~ David W. Knapp City Manager 10-( Printed on Recycled Paper DRAFT RESOLUTION NO. 05-150 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO AUTHORIZING INVESTMENT OF MONIES IN THE LOCAL AGENCY INVESTMENT FUND 10300 Torre Avenue, Cupertino, CA 95014 (408) 777-3200 WHEREAS, pursuant to Chapter 730 of the statutes of 1976 Section 16429.1 was added to the California Government Code to create a Local Agency Investment Fund in the State Treasury for the deposit of money of a local agency for purposes of investment by the State Treasurer; and WHEREAS, the City Council does hereby find that the deposit and withdrawal of money in the Local Agency Investment Fund in accordance with the provisions of Section 16429.1 of the Government Code for the purpose of investment as stated therein as in the best interests of the City of Cupertino; NOW, THEREFORE BE IT RESOLVED, that the City Council does hereby authorize the deposit and withdrawal of the City of Cupertino monies in the Local Agency Investment Fund in the State Treasury in accordance with the provisions of Section 16429.1 of the Government Code for the purpose of investment as stated therein, and verification by the State Treasurer's Office of all banking information provided in that regard. BE IT FUR THER RESOLVED that the following City of Cupertino officers or their successors in office shall be authorized to order the deposit or withdrawal of monies in the Local Agency Investment Fund: Carol A. Atwood Director of Administrative Services/Treasurer David Woo Finance Director/Deputy Treasurer ~g~ Signature ~{).~, Signature (D-2 Resolution No. 05-150 PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this 6th day of September, 2005, by the following vote: Vote Members of the City Council AYES: NOES: ABSENT: ABSTAIN: ATTEST: APPROVED: City Clerk Mayor, City of Cupertino 2 (D - 3 RESOLUTION NO. 05-151 DRAFT A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO AUTHORIZING EXECUTION OF IMPROVEMENT AGREEMENT BETWEEN THE CITY AND DEVELOPER, TAYLOR WOODROW HOMES, INC., CIVIC PARK DEVELOPMENT R-l, APN 369-40-017 WHEREAS, there has been presented to the City Council a proposed improvement agreement between the City of Cupertino and developer, Taylor Woodrow Homes, Inc., for the installation of certain municipal improvements at Civic Park Development R-l and said agreement having been approved by the City Attorney, and Developer having paid the fees as outlined in the attached Exhibit A; NOW, THEREFORE, BE IT RESOLVED THAT the Mayor and 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 6th day of September, 2005, by the following vote: Vote Members of the City Council AYES: NOES: ABSENT: ABSTAIN: ATTEST: APPROVED: City Clerk Mayor, City of Cupertino It-( Resolution No. 05-151 Page 2 EXHIBIT "A" SCHEDULE OF BOND, FEES, AND DEPOSITS DEVELOPMENT: Taylor Woodrow Homes, Inc. LOCATION: Civic Park Development R-l APN 369-40-017 A. Faithful Performance Bond: $ 81,247.95 EIGHTY-ONE THOUSAND TWO HUNDRED FORTY-SEVEN AND 95/100 DOLLARS B. Labor and Material Bond: $ 81,247.95 EIGHTY-ONE THOUSAND TWO HUNDRED FORTY-SEVEN AND 95/100 DOLLARS C. Checking and Inspection Fees: FOUR THOUSAND SIXTY-TWO AND 40/100 DOLLARS $ 4,062.40 D. Development Maintenance Deposit ONE THOUSAND AND 00/100 DOLLARS $ 1,000.00 E. Storm Drainage Fee: N/A F. One Year Power Cost: ONE HUNDRED FIFTY AND 00/100 DOLLARS $ 150.00 G. Street Trees: By Developer H. Map Checking Fee: N/A 1. Park Fee: N/A J. Water Main Reimbursement: N/A K. Maps and/or Improvement Plans: As specified in Item #21 of agreement {¡ - 2... AGREEMENT Civic Park Development R-l APN: 369-40-017 This AGREEMENT made and entered into this _ day of , 2005, by and between the CITY OF CUPERTINO, a municipal corporation of the State of California, hereinafter designated as CITY, and, Taylor Woodrow Homes Inc., hereinafter designated as DEVELOPER. WITNESSETH WHEREAS, the DEVELOPER has made application to the CITY to Secure a Building Permit to construct a residential development hereinafter referred to as "Project". WHEREAS, CITY hereby approves the improvement plans and specifications prepared for the Project by Kier & Wright, INC., a true copy of which improvement plans and specifications are on file in the office of the City Engineer of Cupertino; and WHEREAS, the same are incorporated herein by reference, the same as though set out in full; NOW, THEREFORE, said improvement plans and specifications shall be hereinafter called the "Plans", and the work to be done under the Plans shall be called the "Work". . [~ -] WHEREAS, pursuant to the provisions of this AGREEMENT, the CITY hereby established the amounts of Bonds, Fees, and Deposits as set forth in the following schedule: SCHEDULE OF BONDS, FEES, AND DEPOSITS Street Improvement Category: PART A. Faithful Performance Bond: 110-2211 PART B. PART C. PARTD. PART E. PART F. PART G. PARTH. PART I. PART J. P ART K. $ 81,247.95 Labor and Material Bond: 110-2211 $ 81,247.95 Checking and Inspection Fee: 11 0-4538 $ 4,062.40 Development Maintenance Deposit: 110-2211 $ 1,000.00 Storm Drainage Fee: Basin 3 Account #: 215-4073 Paid One-Year Power Cost: 110-4537 $ 150.00 Street Trees: By Developer Map Checking Fee: 110-4539 N/A Park Fee: Zone III Account #: 280-4083 Paid Water Main Reimbursement: 110-4554 N/A Maps and/or Improvement Plans: As specified in Item #21 of agreement N/A Page 2 of 10 (r-1 NOW, THEREFORE, IT IS HEREBY MUTUALLY AGREED by and between the parties hereto as follows, TO WIT: 1. DEDICATION B. The DEVELOPER offers to dedicate the real property shown on Exhibit "A", which is attached hereto and made a part hereof by reference. Said dedicated property shall be free and clear of all liens or encumbrances except those, which the CITY shall waive in writing. The DEVELOPER agrees not to revoke said offer of dedication, and to keep said offer open until the CITY accepts offer by resolution. C. Upon execution of this AGREEMENT, the DEVELOPER agrees to deliver a properly executed grant deed to the CITY of the real property described in Exhibit "A", and such other executed conveyances, or instruments necessary to convey clear title as herein required. The DEVELOPER shall provide, at the DEVELOPER'S sole cost and expense, to the City: (I) A preliminary title report issued by a title insurance company relating to the property offered for dedication. (2) A standard policy of title insurance issued by a title insurance company and insuring the CITY in the sum of N/A, and which shall show said property free and clear of all liens or encumbrances except those as the CITY shall expressly waive in writing; said policy shall be furnished at the time of acceptance of dedication and recordation of deed. D. Upon the condition precedent that the DEVELOPER shall perform each and every covenant and condition of this AGREEMENT, the CITY agrees to accept said real property offered for dedication. 2. INSTALLATION OF WORK It is further agreed that: A. The DEVELOPER shall install and complete the Work within one (I) year from the date of execution of this AGREEMENT, or such longer period as may be specifically authorized in writing by the City Engineer. In the event the DEVELOPER fails or refuses to complete the Work within the specified period of time, the CITY, at its sole option, shall be autl10rized to complete the Work I whatever manner the CITY shall decide. In the event the CITY completes the Work, the CITY may recover any and all costs incurred thereby from the DEVELOPER or the DEVELOPER'S surety or both. No final inspection shall be granted or street improvements shall not be accepted unless all the requirements for safety purposes are installed such as sidewalks, handicap ramps, street lights, etc. Page3 of 10 (I-S- B. The DEVELOPER shall install and complete the Work in a good and workmanlike manner in accordance with the plans as approved by the City Engineer of Cupertino. The Work shall be done in accordance with existing ordinances and resolutions of the CITY and in accordance with all plans, specifications, standards, sizes, lines, and grades approved by the City Engineer. The Work shall be done in accordance with all State and County Statutes applicable hereto. The decision of the City Engineer shall be final as to whether any material or workmanship meets the standards, specifications, plans, size lines and grades as set forth. C. It is further agreed that the Work shall be done in accordance with the most current Standard Specifications of the Department of Public Works, Califomia Department of Transportation, State of California, and in accordance with the specifications of the Cupertino Sanitary District where applicable. Wherever the words "State" or "California Division of Highways" are mentioned in the State Specifications, it shall be considered as referring to the CITY of Cupertino; also wherever the "Director" or "Director of Public Works" is mentioned, it shall be considered as referring to the City Engineer. In case of conflict between the State Specifications and the specifications of the CITY, and/or the Cupertino Sanitary District, the specifications of the CITY and/or the Cupertino Sanitary District shall take precedence over and be used in lieu of such conflicting portions. 3. QUITCLAIM DEED It is further agreed that the DEVELOPER, when requested by the CITY, shall quitclaim all his rights and interests in, and shall grant to CITY authorization to extract water from the underground strata lying beneath said project DEVELOPER agrees to execute a "Quitclaim Deed and Authorization" in favor of CITY, when presented to them for signature. 4. BONDS AND OTHER SECURITY A. Upon the execution of this AGREEMENT, the DEVELOPER shall file with the CITY a faithful performance bond to assure his full and faithful performance of this AGREEMENT. The penal sum of said faithful perfonnance bond shall be the full cost of.any payment to be made under this AGREEMENT, the value of any land agreed to be dedicated, and any improvements are to be made under this AGREEMENT. In the event that improvements are to be made under this AGREEMENT, the DEVELOPER shall, in addition to said faithful performance, file with the CITY a labor and materials bond in a penal sum adequate to assure full payrnent of all labor and materials required to construct said improvements. The amount of said bonds shall be as designated by the City Engineer. Said bonds shall be executed by a surety company authorized to transact a surety business in the State of California and must be approved by the City Attorney as to form and by the City Engineer as to sufficiency. In the event that the DEVELOPER shall fail faithfully to perform the covenants and conditions of this AGREEMENT, or to make any payment, or any dedication of land, or any improvements Page 4 of 1 0 ((-~ herein required, the CITY shall call on the surety to perform this AGREEMENT or otherwise indemnify the CITY for the DEVELOPER'S failure to so do. B. In lieu of a faithful performance surety bond and or labor and material bond, the DEVELOPER may elect to secure this AGREEMENT by depositing with the CITY: 1. Cash; or, 2. A cashier's check, or a certified check payable to the order of the City of Cupertino; or, 3. A certificate of deposit, or instrument of credit meeting the requirements of Government Code Section 66499 (b) or (c). C. The amount of said cash, checks, certificate of deposit, or instrument of credit shall be as designated by the City Engineer, and shall be the equivalent to that which would have been required had the DEVELOPER furnished the CITY with a faithful perfonnance surety bond and a labor and materials bond. In the event that the DEVELOPER shall fail faithfully to perform the covenants and conditions of this AGREEMENT, or to make any payment, or any dedication of land, or any improvements herein required, the CITY may apply the proceeds of said security thereto. D. No release of surety bond, cash deposit, check, or certificate of deposit, shall be made except upon approval of the City Council. I. Schedule for bond and insurance release for all sureties are as follows: A. Release of 90 percent of the faithful performance bond upon acceptance by City Council B. Release of the remaining 10 percent of the performance bond at one year from acceptance after all deficiencies have been corrected and in the absence of any claim against such bond. C. Release of the entire labor and material bond at six months from acceptance after all deficiencies have been corrected and in the absence of any claim against such bond. D. Liability insurance, provided by the developer to hold the City harmless in the event of liability arising from the project, to be retired at the end of one year if all deficiencies have been corrected and in the absence of any claim against such insurance. E. No interest shall be paid on any security deposited with the City. Page 5 of 10 {(-7 4. CHECKING AND INSPECTION FEE It is further agreed that the DEVELOPER shall pay any and all necessary direct expenses for inspection, checking, etc. incurred by CITY in connection with said Project, and that DEVELOPER shall have deposited with CITY, prior to execution of this AGREEMENT, the amount as set forth herein at Page 2 (Part C.). Should construction cost vary materially from the estimate from which said sum is calculated, the City Engineer shall notify DEVELOPER of any additional sum due and owing as a result thereof. 5. MAP CHECKING FEE It is further agreed that the DEVELOPER shall deposit with CITY, prior to execution of this AGREEMENT, for office checking of final map and field checking of street monuments, in compliance with Section 4:1 of Ordinance No. 47 (Revised 12/04/61) of CITY, the amount as set forth herein at Page 2 (Part H). 6. DEVELOPMENT MAINTENANCE DEPOSIT It is further agreed that the DEVELOPER shall pay to the CITY, prior to execution of this AGREEMENT, the amount set forth herein at Page 2 (Part D), as a development maintenance deposit to insure proper dust control and cleaning during the construction period. The development maintenance deposit may be utilized for repairs of defects and imperfections arising out of or due to faulty workmanship and/or materials appearing in said work during the period until release of the surety bonds or other security permitted under paragraph 5.B by the CITY. Should the DEVELOPER complete the required repairs to the entire satisfaction of the CITY, the unused balance will be returned under the release of the surety bond or other security permitted under paragraph 5.B. 7. STORM DRAINAGE FEE It is further agreed that the DEVELOPER shall deposit with the CITY, prior to execution of this AGREEMENT, a storm drainage charge in connection with the said Project in accordance with the requirements established in Resolution 4422, March 21, 1977, in the amount as set forth herein at Page 2 (Part E). 8. WATER MAIN EXTENSION DEPOSIT The DEVELOPER further agrees to deposit with the CITY, those monies required to comply with "Policy on Water Main Extensions Work and Deposits" dated 9/30/77. The CITY shall hold the deposit until said monies are needed to implement improvements outlined by the Director of Public Works or improvements outlined within the adopted Water Master Plan. Page 6 of 10 {\~8 9. ONE YEAR POWER COST It is further agreed that the DEVELOPER shaH pay to the CITY, prior to execution of this AGREEMENT, the amount as set forth herein at Page 2 (Part F), which amount represents the power cost for street lights for one year. 10. THE INSTALLATION OF STREET TREES It is further agreed that the DEVELOPER shall, at such time as deemed appropriate by the City Engineer, plant street trees in conformance with the standards of the City of Cupertino. Variety of tree shaH be selected from the CITY approved list. 11. PARK FEES It is further agreed that the DEVELOPER shaH pay such fees and/or dedicate such land to the CITY, prior to execution of this AGREEMENT, as is required within Section 18-1.602, Park Land Dedication, Cupertino Municipal Code, and which is further stipulated under Part I, Page 2 herein. Fees are also in accordance with action adopted by the City Council on March 19,1991 and Chapter 14.05 or Section 18-1.602 of the Cupertino Municipal Code 12. MAINTENANCE OF WORK It is further agreed that the DEVELOPER shall maintain the Work until all deficiencies in the Work are corrected to conform to the Plans and the City Standards and Specifications for the Work. The DEVELOPER shaH, upon written notice thereof, immediately repair or replace, without cost or obligation to the City of Cupertino, and to the entire satisfaction of said CITY, aH defects and imperfections arising out of or due to faulty workmanship and/or materials appearing in said Work. 13. SANITARY DISTRICT It is further agreed that the DEVELOPER shall file with the CITY, upon execution of this AGREEMENT, a letter from the Cupertino Sanitary District stating that the DEVELOPER has submitted plans for review by the District and that sanitary sewers are available to serve all lots within said Project. 14. GOVERNMENT COSTS It is further agreed that the DEVELOPER shall file with the CITY, upon execution of this AGREEMENT, substantial evidence that all provisions of Section 66493, Article 8, Chapter 4 of the Government Code, pertaining to special assessments or bonds, have been complied with. Page 7 of 10 (1-1 15. PACIFIC GAS AND ELECTRIC/PACIFIC BELL It is further agreed that the DEVELOPER shaI! pay to Pacific Gas and Electric Company and/or to Pacific Bell Company, any and all fees required for installation of overhead and/or underground wiring circuits to all electroliers within said property and any and all fees required for undergrounding as provided in Ordinance No. 33 I of CITY when the DEVELOPER is notified by either the City Engineer or Pacific Gas and Electric Company and/or Pacific Bell Company that said fees are due and payable. 16. EASEMENTS AND RIGHT-OF-WAY It is further agreed that any easement and right-of-way necessary for completion of the Project shaI! be acquired by the DEVELOPER at his own cost and expense. It is provided, however, that in the event eminent domain proceedings are required, the CITY for the purpose of securing said easement and right-of-way, that the DEVELOPER shall deposit with CITY, a sum covering the reasonable market value of the land proposed to be taken and, to be included in said sum, shall be a reasonable allowance for severance damages, if any. It is further provided that in addition thereto, such sums as may be required for legal fees and costs, engineering, and other incidental costs in such reasonable amounts as the CITY may require shall be deposited with the City of Cupertino. 17. HOLD HARMLESS It is further agreed that, commencing with the performance of the Work by the DEVELOPER or his contractor and continuing until the completion of the maintenance of the Work, the DEVELOPER shall indemnify, hold harmless and defend the CITY from and against any or all loss, cost, expense, damage or liability, or claim thereof, occasioned by or in any way whatsoever arising out of the performance or nonperformance of the Work or the negligence or willful misconduct of the DEVELOPER or the DEVELOPER'S agents, employees and independent contractors, except tot eh extent any of the foregoing is caused by the negligence or willful misconduct of the CITY or the CITY'S agents, employees and independent contractors. 18. INSURANCE It is further agreed that: The DEVELOPER shall take out, or shall require any contractor engaged to perform the Work to take out, and maintain at all times during the performance and maintenance of the Work called for or required to be done hereunder, a policy of insurance naming the CITY and members of the City Council of the City of Cupertino individuaI!y and coI!ectively, and the officers, agents and employees of the CITY individuaI!y and coI!ectively, as insured. Said separate policy shaI! provide bodily injury and property damage coverage to the foregoing named CITY and individuals covering all the Work performed by, for, or on behalf of said DEVELOPER. Both bodily injury and property damage insurance must be on an occurrence basis; and said policy or policies shall provide that the coverage afforded thereby shall be primary coverage to the full limit of Page 8 of 10 If-/Ò liability stated in the declarations, and if the CITY, its members of the City Council individually and collectively, and the officers, agents and employees of the CITY, individually and collectively, have other insurance against the loss covered by said policy or policies, that other insurance shall not be called upon to cover a loss under said additional policy. The insurance carrier shall provide proof of their ratings. All ratings shall be a minimum of "Best A-7" in accordance with ABAO policies. A. Each of said policies of insurance shall provide coverage in the following minimum amounts: For bodily injury, $100,000 each person; $300,000 each occurrence, property damage, $50,000 on account of anyone occurrence with an aggregate limit of not less than $200,000. . B. The DEVELOPER shall file with the City Engineer at or prior to the time of execution of this AGREEMENT by the DEVELOPER such evidence of said foregoing policy or policies of insurance as shall be satisfactory to said City Engineer. Each such policy or policies shall bear an endorsement precluding the cancellation or reduction in coverage without giving the City Engineer at least ten (10) days advance notice thereof. The CITY shall be shown as additionally insured on a separate "Additional Insured Owners, Lessees or Contractors" (Form A) or (Form B) Endorsement provided along with the evidence of said foregoing policy or policies of insurance. C. In the event that the Project covered herein should be mutually situated in or affect the area of jurisdiction of a separate municipality or political subdivision of the State of California, the policies of insurance required herein and above shall co-name such municipality or political subdivision and the provision set forth herein and above for the protection ofthe CITY shall equally apply to municipality and political subdivision. 19. MAPS AND/OR IMPROVEMENT PLANS It is further agreed that the CITY shall obtain the following map and/or plans at the DEVELOPER'S expense: A. A mylar blackline and ten (10) prints of fully executed improvement plans. B. A scan in CAD format of all executed improvement plans and map. The DEVELOPERS agree to pay the CITY from the development maintenance deposit the cost for all prints of plans and map required. Page 9 of 10 ([-rt 20. SUCCESSORS This AGREEMENT shall bind the heirs, administrators, executors, successor, assignee and transferees of the DEVELOPERS. The assignment of this AGREEMENT shall not be made without approval by the City Council of the City of Cupertino. IN WITNESS WHEREOF, CITY has caused its name to be hereunto affixed by its Mayor and City Clerk, thereunto duly authorized by resolution of the City Council and said DEVELOPER has hereunto caused their name to be affixed the day and year first above written. CITY OF CUPERTINO: Mayor Approved as to form: City Attorney City Clerk DEVELOPER: ~i Vice-President Land & Planning Taylor Woodrow Homes, Inc. Notary Acknowledgement Required Exhibit A Attached Page 10 afJO f( -f;¿ ~ ~ _ ~ r. CALIFORNIA ALL.PURPOSE ACKNOWLEDGMENT before me, ( . <: Name and Tille of Officer (e,g., "Jane Doe, Nota 'Ç)n\ \ i;¡ 6 m[¡rk: ,f \ Ñame(s)ofSlgner(s) rstPersonally known to me o proved to me on the basis evidence State of California County of (' 0('\-\\(\ (' n~(', On ~\ ;\'1 \~'1oc6 Date . personally appeared VERONICA SIMON @'commlssion#1439918 ¡ . _,,; Notary PubUc . California ~ ~' Contra Costa County ~ _ _ _ ~:o~m:..~e,-Se~1:2~7 } ss of satisfactory to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/shelthey executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. \ )Q\\.C\f1«(..C'.J ~Ç>r\ Signature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: D Individual D Corporate Officer - -ntle(s): D Partner - D Limited D General D Attorney-in-Fact D Trustee D Guardian or Conservator D Other: Signer Is Representing: Number of Pages: . Top of thumb here C 1999 National Notary Associabon· 9350 De Solo Ave. P.O, Box 2402' Chatsworth, CA 91313-2402' www.nationalnotary.org Prod. No,S907 Aeorder:CaIlT~I-Free 1-800-876-6827 {( -{ 3 DRAFT RESOLUTION NO. 05-152 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO AUTHORIZING EXECUTION OF AN EASEMENT MAINTENANCE AGREEMENT BETWEEN THE CITY OF CUPERTINO AND TAYLOR WOODROW HOMES, INC., A CALIFORNIA CORPORATION WHEREAS, there has been presented to the City Council an "Easement Maintenance Agreement", between the City and Taylor Woodrow Homes, Inc. (TWH), to allocate the costs of maintenance, repair, and replacement for the portion of Torre A venue, as shown on Exhibit A and to establish certain criteria and procedures for the accomplishment of said maintenance, repair, and replacement; and WHEREAS, under the terms of the agreement, the City grants to TWH, a perpetual non-exclusive easement on, over and across Torre Avenue for the purposes of maintaining, repairing, and replacing the portions ofthe easement area; and WHEREAS, the provisions, terms, and conditions of the aforementioned agreement have been reviewed and approved by the City Attorney and the Director of Public Works. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Cupertino hereby authorizes the City Manager to execute said agreement on behalf of the City of Cupertino. PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this 6th day of September, 2005, by the following vote: Vote Members of the City Council AYES: NOES: ABSENT: ABSTAIN: A TrEST: APPROVED: City Clerk Mayor, City of Cupertino (2-( RECORDED AT THE REQUEST OF And WHEN RECORDED MAIL TO: Taylor Woodrow Homes, Inc. Attn: Paul Manyisha 2300 Camino Ramon, Suite 100 San Ramon, CA 94583 EASEMENT MAINTENANCE AGREEMENT THIS EASEMENT MAINTENANCE AGREEMENT ("Agreement") is made and entered into this _ day of July, 2005, by Taylor Woodrow Homes, Inc., a California corporation ("TWH"), and the City of Cupertino ("City"). RECITALS This Agreement is made and entered into with reference to the following facts: A. TWH is the owner and developer of a portion of real property and improvements at the Civic Park Project which shall be called the Sterling Square at Civic Park Project ("Project") that is located within the City. B. As set forth herein, the provisions of this Agreement are intended to and shall run with the Project, and any portion thereof, and be binding upon all owners, successors and assigns ofTWH and the City. C. The purpose of this Agreement is to allocate the costs of maintenance, repair and replacement between TWH and the City for the portion of Torre A venue, as shown on Exhibit A, which is owned by the City; and to establish certain criteria and procedures for the accomplishment of said maintenance, repair and replacement. NOW, THEREFORE, the parties hereto agrees as follows: 1. Grant and Use of Easement: In consideration of good and valuable consideration, receipt of which is hereby acknowledged by City, City grants to TWH a perpetual non-exclusive easement on, over and across Torre Avenue for the purposes of maintaining, repairing and replacing the portions of Torre Avenue described on Exhibit A (the "Easement Area"). 2. Covenants Running With the Land: Property Subiect to Agreement: It is intended and agreed that this Agreement shall run with the land and shall be binding on all parties having or acquiring any right, title or interest in the Project. Each and all of the limitations, easements, obligations, covenants, conditions, and restrictions contained herein shall be deemed to be, and shall be construed as equitable servitudes, enforceable by the City, TWH, or any owner of real property within the Project against any other person or party. -1- 07/07/05 T0070076/427517-2 07/19/05 (2.-:2 3. Responsibility for Cost of Repair. Replacement and Maintenance: TWH shall, at its sole cost and expense, maintain, repair, replace, and keep in good condition all improvements, including, but not limited to, landscaping and hardscape located on the Easement Area. 4. Definitions of Repair. Replacement and Maintenance: The repair, replacement and maintenance to be undertaken and performed under this Agreement shall include all work necessary to maintain the Easement Area in a good, useable condition under all weather conditions, TWH shall maintain the Easement Area to the standards, specifications and conditions to which, at a minimum, they were originally constructed as evidenced by plans and specifications on file with the City and/or provided by TWH. 5. Decisions Regarding Performance of This Agreement: All decisions regarding the need for maintenance, the implementation thereof and any particular other matters of the Easement Area shall be determined by TWH. 6. Assignment of Agreement: City acknowledges and agrees that this Agreement and all ofTWH's rights and obligations hereunder, are expressly assignable, at TWH's sole option and discretion, to the Sterling Square at Civic Park Owners Association, a nonprofit mutual benefit corporation and the homeowners association formed in connection with the development of the Project (the "Association"). TWH shall not assign this Agreement to any other party without the prior written consent ofthe City, which consent shall not be unreasonably withheld. Any such assignment shall be in recordable form, in form and substance satisfactory to the City, and shall release TWH from all of its obligations, duties and responsibilities hereunder. Upon any assignment, the assignee shall be responsible for all of the obligations, duties and responsibilities ofTWH hereunder, including without limitation the obligation to maintain the Easement Area. 7. Indemnity: TWH shall defend, indemnify, and hold the City harmless from any and all claims, liabilities, actions, causes of action, and damages for personal injury and property damage, including without limitation reasonable attorneys' fees, arbitration fees or costs and court costs, arising out of or related to the use and maintenance of the Easement Area described in this Agreement, except to the extent that such claims, liabilities, actions, causes of action, and damages arise out of or relate to City's negligence and/or intentional conduct or the negligence or intentional acts of any of City's employees, agents, representatives, contractors, vendors, or consultants. 8. Arbitration: In the event that any dispute or controversy arises between the TWH and City with respect to this Agreement, the same shall, at the election of any party, be submitted to arbitration to and in accordance with the rules ofthe American Arbitration Association and shall be conducted at its office nearest to the Project. The cost of the arbitration and reasonable travel cost shall be borne by the parties in such proportion as the arbitrator shall decide. 9. Attorney's Fees: In the event that any party institutes legal action or arbitration against the other to interpret or enforce this Agreement, or to obtain damages for any alleged -2- 07/07/05 T0070076/427517-2 07/19/05 (2 -j breach hereof; the prevailing party in such action or arbitration shall be entitled to reasonable attorneys' or arbitrators' fees in addition to all other recoverable casts, expenses and damages. 10. Entire Agreement: This Agreement constitutes the entire agreement of the parties with respect to the subject matter contained herein and supersedes all prior agreements, whether written or oral. There are no representations, agreements, arrangements or undertakings, oral or written which are not fully expressed brain. II. Severability: In the event any part or provision of this Agreement shall be determined to be inyalid or unenforceable under the laws of the State of Califomia, the portions ofthis Agreement which can be separated from the invalid, unenforceable provisions shall, nevertheless, continue in full force and affect. 12. No Waiver: The waiver ofany covenant contained herein shall not be deemed to be a continuing waiver of the same or any other covenant contained herein. 13. Recordation: It is agreed that this Agreement shall be recorded as an exhibit to the Declaration of Covenants, Conditions and Restrictions of the Association, and shall be executed and acknowledged in proper recordable form. 14. Amendment: This Agreement may be attended in whole or in part only in writing and executed by all parties. Any such amendment shall be recorded in Santa Clara County, California. In the event any conflict arises between the provisions of any such amendment and any of the provisions of any earlier document or documents, the most recently duly executed and recorded amendment shall be controlling. Executed the day and year first above written. TAYLOR WOODROW HOMES, INC., A California Corporation ~~,.~~IL Its: Vice President, Land & Planning CITY OF CUPERTINO By: Name: Title: -3- 07/07/05 T0070076/427517-2 07/19/05 ( 1- -if CALIFORNIA ALL·PURPOSE ACKNOWLEDGMENT ~ ~ ,. - - State of California } ss County of Cc-,,,,t('Q. CoS\o.... On \,-,\" , \S 1rDS Date' before me, \ rTQC'\\ (0 S,mûf"I Nn\-a,,\ V,-;h\\C Name and Tille alOfficer (è,9., "Jane Doe, Not ry PublIC") V~\ \\? h, ffiodC':.r Name(s} cf Signer(s) ~ersonallY known to me D proved to me on the basis of satisfactory evidence personally appeared VERONICA SIMON œ Commlsslon#1439918 :;( .... Notary Public - Califomla ¡ 2. '. Contra Cos~a County - MyComm. expires Sep 16, 2007 to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument WITNESS my hand and offiçial seal. l1 "- \l ortlM s.1\\SY'> Signature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: . Top 01 thumb here D Individual C Corporate Officer - 1ïtle(s): D Partner - D Limited D General D Attorney-in-Fact D Trustee o Guardian or Conservator D Other: Signer Is Representing: «:11999 National Notary Association' 9350 De Soto Ave., P,O. Box 2402' Chatsworth, CA 91313-2402' www.nationalnotary.org Prod. No. 5907 Reorder: Call Toll-Free 1-800-876·6827 {2-) August 8, 2005 Job No. A00088-14 Page 1 of 4 EXHIBIT "A" LEGAL DESCRIPTION For Maintenance Agreement All that certain real property lying within the City of Cupertino, County of Santa Clara, State of California and being a portion of Torre Avenue as shown on the certain map of Tract No. 9612 filed for record on December 28, 2004 in Book 779 of Maps at pages 48 and 49, Official Records and being more particularly described as follows: AREA 1 Beginning at a point on the westerly line of Torre Avenue at the northeast comer of Lot 6 as both are shown on said map; Thence along said westerly line of Torre Avenue South 00°56'43'" West, 89.34 feet to the True Point of Beginning; Thence continue southerly along said line, South 00°56'43'" West, 71.93 feet; Thence leaving said westerly line South 89°03'17" East, 6.00 feet; Thence northeasterly, along a curve to the left having a radius of 11.50 feet, through a central angle of90003'17'", an arc distance of 18.08 feet; Thence North 00°56'43'" East, 10.45 feet; Thence westerly, along the arc of a curve to the left having a radius of 0.50 feet, through a central angle of 140°00'00'", an arc distance of 1.22 feet; Thence South 40056'43'" West,. \3,73 feet; Thence North 49°03'17'" West, 10.00 feet; Thence North 40°56'43'" East, 10.73 feet; Thence North 49°03'17'" West, 9.00 feet; Thence North 40°56'43'" East, 10.73 feet; Thence North 49°03'17" West, 9.00 feet; F:\PROJECTSIA00088-7\LEGAL DESCRIPTlONSIMAINT ANCE ESMT,doc . ..._..-.,~_.,~.~<--.,_.. ---..-,....~....>---"~....,.-"..~....- - -~._-~~----., - -'"¥--"',^-'..~~ {2-{, August 8, 2005 Job No. A00088-14 Page 2 of4 Thence North 40°56'43" East, 10.73 feet; Thence North 49°03'17" West, 9.00 feet; Thence North 40°56'31" East, 15.32 feet; Thence North 89°03'17" West, 9.98 feet to the True Point of Beginning. AREA 2 Beginning at a point on the westerly line of Torre Avenue at the northeast comer of Lot 6 as both are shown on said map; Thence along said westerly line of Torre Avenue South 00°56'43" West, 186.27 feet to the True Point of Beginning; Thence continue southerly along said line South 00°56'43" West, 128.35 feet; Thence leaving said westerly line, South 89°03'17" East, 10.07 feet; Thence North 40°56'43" East, 11.56 feet; Thence North 00°56'43" East, 5.63 feet; Thence westerly, along the arc of a curve to the left having a radius of 0.50 feet, through a central angle of 140°00'00", an arc distance of 1.22 feet; Thence South 40°56'43" West, 13.73 feet; Thence North 49°03'17" West, 10.00 feet; Thence North 40°56'43" East, 10.73 feet; Thence North 49°03'17" West, 9.00 feet; Thence North 40°56'43" East, 10.73 feet; Thence North 49°03'17" West, 9.00 feet; F:\PROJECTS\A00088-7\LEGAL DESCRIPTIONSIMAINT ANCE ESMT.doc .. ~,_._..__...._---.. ____ '__ _~...,___.._",,_.,.__..'n_~~<__'U'''_ _ ,___ ( :z -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 I~ AGENDA DATE September 6. 2005 SUBJECT AND ISSUE Adoption by the City Council of Resolution No. 05- I) 3 , authorizing the City Manager to negotiate and execute all necessary Cooperative Agreements with the California Department of Transportation required for design oversight, construction, and maintenance in connection with the Mary Avenue Bicycle Footbridge Project. BACKGROUND The Mary Avenue Bicycle Footbridge Project consists of the design and construction of a bicycle footbridge on Mary A venue over Interstate Route 280 in the City of Cupertino. Because the bridge will cross state right of way at Interstate Route 280, State law requires that the California Department of Transportation (Caltrans) conduct oversight of the project in cooperation with the City. In order to formally define both the City's and Caltrans' roles regarding oversight activities, standard cooperative agreements for the project design and construction phases, as well as for subsequent maintenance of the project, must be executed. Caltrans' oversight of the project design phase has been ongoing since Council approval of the project. Phase I of the project, which does not include work in State right of way, is now proceeding to construction. However, the cooperative agreements should be executed prior to the start of Phase II ofthe project, which includes the construction of the bridge structure over Interstate Route 280. FISCAL IMPACT There is no additional fiscal impact to the City for design and construction ofthe project. Staff will make recommendations to Council on the future maintenance costs of the bridge. /l{-( Printed on Recycled Paper STAFF RECOMMENDATION Adopt Resolution No. 05- I:; 3 , authorizing the City Manager to negotiate and execute all necessary Cooperative Agreements with the California Department of Transportation required for design oversight, construction, and maintenance in connection with the Mary A venue Bicycle Footbridge Project. Submitted by: ~Ql:€5:t "U~ Director of Public Works Approved for submission: ~ David W. Knapp City Manager [4,-2- RESOLUTION NO. 05-153 DRAFT A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ALL NECESSARY COOPERATAIVE AGREEMENTS WITH THE CALIFORNIA DEPARTMENT OF TRANSPORTATION REQUIRED FOR DESIGN OVERSIGHT, CONSTRUCTION AND MAINTENANCE IN CONNECTION WITH THE MARY AVENUE BICYCLE FOOTBRIDGE PROJECT WHEREAS, Mary Avenue Bicycle Footbridge Project consists of the design and construction of a bicycle footbridge on Mary A venue over Interstate Route 280 in the City of Cupertino; and WHEREAS, the bridge will cross State right of way at Interstate Route 280 and State law requires that the California Department of Transportation (Caltrans) conduct oversight of the project in cooperation with the City; and WHEREAS, in order to formally define both the City's and Caltrans' roles regarding oversight activities, standard cooperative agreements for the project design and construction phases, as well as for subsequent maintenance of the project, must be executed. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Cupertino hereby authorizes the City Manager to negotiate and execute all necessary Cooperative Agreements with the California Department of Transportation required for design oversight, construction, and maintenance in connection with the Mary Avenue Bicycle Footbridge Project. PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this 6h day of September, 2005, by the following vote: Vote Members of the Citv Council AYES: NOES: ABSENT: ABSTAIN: ATTEST: APPROVED: City Clerk Mayor, City of Cupertino [l{- 3 F CUPEIQ1NO PUBLIC WORKS DEPARTMENT SUMMARY AGENDA ITEM (~ AGENDA DATE Seutember 6. 2005 SUBJECT AND ISSUE Report on the status of the traffic study in the neighborhood affected by the traffic restrictions on Kim Street north of Bollinger Road. Set a public hearing for October 4,2005, for discussion of the traffic report and recommendations on traffic restrictions on Kim Street north of Bollinger Road and an existing petition for permanent closure of Kim Street at Bollinger Road. BACKGROUND Beginning in the mid 1980's, the neighborhood bounded by Bollinger Road, Stelling Road, McClellan Road, and De Anza Boulevard, known as the Kim Street Neighborhood, expressed to the City considerable concern over cut-through traffic coming from Bollinger Road via Kim Street, which is one-way north between Bollinger Road and Kirwin Lane. A number of years of dialogue between the neighborhood and the City, culminated in an August 1984 action by the City Council to implement turning restrictions from Bollinger Road onto Kim Street during the morning peak traffic hours of6:00 to 9:00 AM (at that time the existing Kmart store on De Anza Boulevard and Bollinger was also a traffic generation factor for this neighborhood. Subsequently, turning restrictions were also implemented on Erin Way at Stelling Road (see attached diagram). Initially, staff placed barricades on Kim Street during the moming peak hours to comply with the Council's direction. In August 1993, in order to minimize the diversion of staff time and the associated costs, Council approved Public Works' recommendation that an automatic steel barrier gate be installed on Kim Street between Bollinger Road and Kirwin Lane to close the street during the morning peak hours. That gate remained in operation until damaged in April 2002, due to being forced open on several occasions. Subsequently, the Sheriffs Department has been enforcing the turning movement restrictions on a spot basis. At its regular November 17, 2004, meeting, Council requested that Staff evaluate the current traffic circulation in the Kim Street Neighborhood and the existing barrier gate on Kim Street. At that time, in consideration of similar gate at Pacifica Avenue, the legal status of traffic gates had been called into question and the gates on Kim and on Pacifica have been removed. Since the gate was installed, a number of traffic improvements have been made to move traffic through the area. State Route 85, the West Valley Freeway, opened in 1994 and diverted a substantial number of through trips off of City streets. The De Anza Boulevard bridge deck at 1- 280 was widened in 1995, and an advanced traffic management system (ATMS) was installed in 2003 for the De Anza Boulevard corridor. All of these improvements have expedited traffic (J-{ Printed on Recycled Paper movements around this area, although the opening of the Home Depot store in the vacated Kmart building in 2000 generated additional traffic concerns at that time. The City contracted a traffic consultant to assist in collecting neighborhood traffic data, and the study was conducted during March 2005, when schools were in full session. Staff is completing the analysis of the data collected along with a report and appropriate recommendations. In addition, a portion of the neighborhood has filed a petition requesting that the City close Kim street at Kirwin Lane where the gate was originally located. To consider the report and recommendations and to hear from the neighborhoods involved with this situation, staff is recommending that the Council set a public hearing Council on October 4, 2005. If approved, staffwill notice all residents in the neighborhood, including those on adjacent residential streets. FISCAL IMPACT There is no fiscal impact with setting the public hearing beyond minor costs of noticing all stakeholders. STAFF RECOMMENDATION Set a public hearing for October 4, 2005, for discussion of the traffic report and recommendations on the traffic conditions and restrictions on Kim Street north of Bollinger Road and consideration of an existing petition for permanent closure of Kim Street at Bollinger Road. Submitted by: ~~~CtU'1 Director of Public Works Approved for submission: ~ David W. Knapp City Manager (j-2 ---> l . - _. . EXIST i\:ìi ROAD BUMP ~ I- ~-- (f) Z "" ~~ -. mr -I í~\ ,,~ \ ERI \ lvy"-, , A' Z ~¡, ~ '\ ""- --.J "5 VllI I- 7ì K R fvl \ (f) riíL \ :> - ~;; l ~IJ BJLLI ==--==\ ~ '" jj~J ~ ~ Z --.J [ üi 0::: ~ ';' _5 0 r---< ) IS! DE F 0 JOLL YMAN LN I I ~' fY / r; I I T I I I I I R LILA >- --~- ~»~ z :< ~ RD - >-1 11.0 - - L ~t \Ji.) 0::: RD HOME DEPOT ~ ~ ~ t±J IrIE1R L R ~ N N.T.S M \ h - DRAFT RESOLUTION NO. 05-154 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO APPROVING THE FINAL MAP OF TRACT NO. 9729, OAK PARK VILLAGE LOCATED ON DE ANZA BOULEVARD; DEVELOPER, AMERICAN SECURITIES COMPANY, A CALIFORNIA CORPORATION; 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 Oak Park Village, Tract No. 9729, located on De Anza Boulevard, showing certain avenues, drives, places, and roads by American Securities Company, a California Corporation; and WHEREAS, said map has been approved by the City Attorney; NOW, THEREFORE, BE IT RESOLVED THAT a. Said final map of Tract No. 9729 is hereby approved. b. The offer of dedication for all 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 6th day of September, 2005, by the following vote: Vote Members of the City Council AYES: NOES: ABSENT: ABSTAIN : ATTEST: APPROVED: City Clerk Mayor, City of Cupertino /0 ~( DRAFT RESOLUTION NO. 05-155 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO AUTHORIZING EXECUTION OF IMPROVEMENT AGREEMENT BETWEEN THE CITY AND DEVELOPER, CUPERTINO ESTATE LLC, A CALIFORNIA LIMITED LIABILITY COMPANY, 22291 CUPERTINO ROAD, APN 326-16-017 WHEREAS, there has been presented to the City Council a proposed improvement agreement between the City of Cupertino and developer, Cupertino Estate LLC, a California Limited Liability Company, for the installation of certain municipal improvements at 22291 Cupertino Road 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 6th day of September, 2005, by the following vote: Vote Members of the City Council AYES: NOES: ABSENT: ABSTAIN: ATTEST: APPROVED: City Clerk Mayor, City of Cupertino 17-( Resolution No. 05-155 Page 2 EXHIBIT "A" SCHEDULE OF BOND, FEES, AND DEPOSITS DEVELOPMENT: Cupertino Estate LLC, a California Limited Liability Company LOCATION: 22291 Cupertino Road APN 326-16-017 A. Faithful Performance Bond: $ 17,985.00 SEVENTEEN THOUSAND NINE HUNDRED EIGHTY-FIVE AND 00/100 DOLLARS B. Labor and Material Bond: $ 17,985.00 SEVENTEEN THOUSAND NINE HUNDRED EIGHTY-FIVE AND 00/100 DOLLARS C. Grading Bond: $ 9,230.00 NINE THOUSAND TWO HUNDRED THIRTY AND 00/100 DOLLARS D. Checking and Inspection Fees: $ 2,239.33 TWO THOUSAND TWO HUNDRED THIRTY-NINE AND 33/100 DOLLARS E. Development Maintenance Deposit ONE THOUSAND AND 00/100 DOLLARS $ 1,000.00 F. Storm Drainage Fee: THREE HUNDRED FIFTY-FIVE AND 49/100 DOLLARS $ 355.49 G. One Year Power Cost: N/A H. Street Trees: By Developer 1. Map Checking Fee: N/A J. Park Fee: N/A K. Water Main Reimbursement: N/A 17- 2- AGREEMENT 22291 Cupertino Road APN: 326 16017 This AGREEMENT made and entered into this 26 day of A tA_ r; , 2005, by and between the CITY OF CUPERTINO, a municipal corporation of the State of California, hereinafter designated as CITY, and Cupertino Estate LLC, a California Limited Liability Company, hereinafter designated as DEVELOPER. WITNESSETH WHEREAS, the DEVELOPER has made application to the CITY to Secure a Building Permit to construct a single family dwelling hereinafter referred to as "Project". WHEREAS, CITY hereby approves the improvement plans and specifications prepared for the Project by SMP COMPANY, a true copy of which improvement plans and specifications are on file in the office of the City Engineer of Cupertino; and WHEREAS, the same are incorporated herein by reference, the same as though set out in full; NOW, THEREFORE, said improvement plans and specifications shall be hereinafter called the "Plans", and the work to be done under the Plans shall be called the "Work". [7-3 WHEREAS, pursuant to the provisions of this AGREEMENT, the CITY hereby established the amounts of Bonds, Fees, and Deposits as set forth in the following schedule: SCHEDULE OF BONDS, FEES, AND DEPOSITS Street Improvement Category: PART A. Faithful Performance Bond: 110-2211 PART B. PART C. PARTD. PART E. PART F. PART G. PARTH. PART I. PART J. PARTK. $ 17,985.00 Labor and Material Bond: 110-2211 $ 17,985.00 Grading Bond: 110-2211 $ 9,230.00 Checking and Inspection Fee: 11 0-4538 $ 2,239.33 Development Maintenance Deposit: 110-2211 $ 1,000.00 Storm Drainage Fee: Basin 2 Account #: 215-4072 $ 355.49 One-Year Power Cost: 110-4537 N/A Street Trees: By Developer Map Checking Fee: 11 0-4539 Paid Park Fee: Zone II Account #: 280-4082 Paid Water Main Reimbursement: 110-4554 N/A Page 2 of 10 17~ if NOW, THEREFORE, IT IS HEREBY MUTUALLY AGREED by and between the parties hereto as follows, TO WIT: 1. DEDICATION B. The DEVELOPER offers to dedicate the real property shown on Exhibit "A", which is attached hereto and made a part hereof by reference. Said dedicated property shall be free and clear of all liens or encumbrances except those, which the CITY shall waive in writing. The DEVELOPER agrees not to revoke said offer of dedication, and to keep said offer open until the CITY accepts offer by resolution. C. Upon execution of this AGREEMENT, the DEVELOPER agrees to deliver a properly executed grant deed to the CITY of the real property described in Exhibit "A", and such other executed conveyances, or instruments necessary to convey clear title as herein required. The DEVELOPER shall provide, at the DEVELOPER'S sole cost and expense, to the City: (I) A preliminary title report issued by a title insurance company relating to the property offered for dedication. (2) A standard policy of title insurance issued by a title insurance company and insuring the CITY in the sum of N/A, and which shall show said property free and clear of all liens or encumbrances except those as the CITY shall expressly waive in writing; said policy shall be furnished at the time of acceptance of dedication and recordation of deed. D. Upon the condition precedent that the DEVELOPER shall perform each and every covenant and condition of this AGREEMENT, the CITY agrees to accept said real property offered for dedication. 2. INSTALLATION OF WORK It is further agreed that: A. The DEVELOPER shall install and complete the Work within one (1) year from the date of execution of this AGREEMENT, or such longer period as may be specifically authorized in writing by the City Engineer. In the event the DEVELOPER fails or refuses to complete the Work within the specified period of time, the CITY, at its sole option, shall be authorized to complete the Work I whatever manner the CITY shall decide. In the event the CITY completes the Work, the CITY may recover any and all costs incurred thereby from the DEVELOPER or the DEVELOPER'S surety or both. No final inspection shall be granted or street improvements shall not be accepted unless all the requirements for safety purposes are installed such as sidewalks, handicap ramps, street lights, etc. Page 3 of 10 f7-J B. The DEVELOPER shall install and complete the Work in a good and workmanlike manner in accordance with the plans as approved by the City Engineer of Cupertino. The Work shall be done in accordance with existing ordinances and resolutions of the CITY and in accordance with all plans, specifications, standards, sizes, lines, and grades approved by the City Engineer. The Work shall be done in accordance with all State and County Statutes applicable hereto. The decision of the City Engineer shall be final as to whether any material or workmanship meets the standards, specifications, plans, size lines and grades as set forth. C. It is further agreed that the Work shall be done in accordance with the most current Standard Specifications of the Department of Public Works, California Department of Transportation, State of California, and in accordance with the specifications of the Cupertino Sanitary District where applicable. Wherever the words "State" or "California Division of Highways" are mentioned in the State Specifications, it shall be considered as referring to the CITY of Cupertino; also wherever the "Director" or "Director of Public Works" is mentioned, it shall be considered as referring to the City Engineer. In case of conflict between the State Specifications and the specifications of the CITY, and/or the Cupertino Sanitary District, the specifications of the CITY and/or the Cupertino Sanitary District shall take precedence over and be used in lieu of such conflicting portions. 3. EXCAVATION PERMIT It is further agreed that the DEVELOPER shall comply with Section Three of Ordinance No. 130 of the CITY by obtaining an excavation permit from the City Engineer before the commencement of any excavation in, or, or under the surface of any existing public street, lane, alley, sidewalk, or other public place. It is further agreed that the DEVELOPER shall notify the City Engineer of the exact date and time when the proposed excavation is to commence. 4. QUITCLAIM DEED It is further agreed that the DEVELOPER, when requested by the CITY, shall quitclaim all his rights and interests in, and shall grant to CITY authorization to extract water from the underground strata lying beneath said project DEVELOPER agrees to execute a "Quitclaim Deed and Authorization" in favor of CITY, when presented to them for signature. 5. BONDS AND OTHER SECURITY A. Upon the execution of this AGREEMENT, the DEVELOPER shall file with the CITY a faithful performance bond to assure his full and faithful perfonnance of this AGREEMENT. The penal sum of said faithful perfonnance bond is as set forth in Part A of the SCHEDULE OF BONDS, FEES AND DEPOSITS. In the event that improvements are to be made under this AGREEMENT, the DEVELOPER shall, in addition to said faithful Page 4 of 10 (7-& performance, file with the CITY, a labor and materials bond in a penal sum as set forth in Part B of the SCHEDULE OF BONDS, FEES AND DEPOSITS. Said bonds shall be executed by a surety company authorized to transact a surety business in the State of California and have been approved by the City Attorney as to form and by the City Engineer as to sufficiency. In the event that the DEVELOPER shall fail faithfully to perform the covenants and conditions of this AGREEMENT, or to make any payment, or any dedication of land, or any improvements herein required, the CITY shall call on the surety to perform this AGREEMENT or otherwise indemnify the CITY for the DEVELOPER'S failure to do so. B. In lieu of a faithful performance surety bond, the DEVELOPER may elect to secure this AGREEMENT by depositing with the CITY: I. Cash; or, 2. A cashier's check, or a certified check payable to the order of the City of Cupertino; or 3. A certificate of deposit, or instrument of credit meeting the requirements of Government Code Section 66499 (b) or (c). C. The amount of said cash, checks, certificate of deposit, or instrument of credit shall be as designated by the City Engineer, and shall be the equivalent to that which would have been required had the DEVELOPER furnished the CITY with a faithful performance surety bond. In the event that the DEVELOPER shall fail faithfully to perform the covenants and conditions of this AGREEMENT, or to make any payrnent, or any dedication ofland, or any improvements herein required, the CITY may apply the proceeds of said security thereto. D. No release of surety bond, cash deposit, check or certificate of deposit shall be made except upon approval of the City Council. 1. Schedule for bond and insurance release for paper bonds are as follows: A. Release of 90 percent of the faithful performance bond upon acceptance by City Council. B. Release of the remaining 10 percent of the perfonnance bond at one year from acceptance after all deficiencies have been corrected and in the absence of any claim against such bond. C. Release of the entire labor and material bond at six months from acceptance after all deficiencies have been corrected and in the absence of any claim against such bond. D. Liability insurance, provided by the DEVELOPER to hold the CITY harmless in the event of liability arising from the project, to be retired at the end of one year if all deficiencies have been corrected and in the absence of any claim against such insurance. Page 5 aflO {7-7 6. CHECKING AND INSPECTION FEE It is further agreed that the DEVELOPER shall pay any and all necessary direct expenses for inspection, checking, etc. incurred by CITY in connection with said Project, and that DEVELOPER shall have deposited with CITY, prior to execution of this AGREEMENT, the amount as set forth herein at Page 2 (Part D). Should construction cost vary materially from the estimate from which said sum is calculated, the City Engineer shall notify DEVELOPER of any additional sum due and owing as a result thereof. 7. MAP CHECKING FEE It is further agreed that the DEVELOPER shall deposit with CITY, prior to execution of this AGREEMENT, for office checking of final map and field checking of street monuments, in compliance with Section 4:1 of Ordinance No. 47 (Revised 12/04/61) of CITY, the amount as set forth herein at Page 2 (Part I). 8. DEVELOPMENT MAINTENANCE DEPOSIT It is further agreed that the DEVELOPER shall pay to the CITY, prior to execution of this AGREEMENT, the amount set forth herein at Page 2 (Part E) as a development maintenance deposit to insure proper dust control and cleaning during the construction period. The development maintenance deposit may be utilized for repairs of defects and imperfections arising out of or due to faulty workmanship and/or materials appearing in said work during the period until release of the surety bonds or other security permitted under paragraph 5.B by the CITY. Should the DEVELOPER complete the required repairs to the entire satisfaction of the CITY, the unused balance will be returned under the release of the surety bond or other security permitted under paragraph 5.B. 9. STORM DRAINAGE FEE It is further agreed that the DEVELOPER shall deposit with the CITY, prior to execution of this AGREEMENT, a storm drainage charge in connection with the said Project in accordance with the requirements established in Resolution 4422, March 21, 1977, in the amount as set forth herein at Page 2 (Part F). 1 O. WATER MAIN EXTENSION DEPOSIT The DEVELOPER further agrees to deposit with the CITY, those monies required to comply with "Policy on Water Main Extensions Work and Deposits" dated 9/30/77. The deposit shall be held by the CITY until said monies are needed to implement improvements outlined by the Director of Public Works or improvements outlined within the adopted Water Master Plan. Page 6 of 10 {l-ð II. ONE YEAR POWER COST It is further agreed that the DEVELOPER shall pay to the CITY, prior to execution of this AGREEMENT, the amount as set forth herein at Page 2 (Part G), which amount represents the power cost for street lights for one year. 12. THE INSTALLATION OF STREET TREES It is further agreed that the DEVELOPER shall, at such time as deemed appropriate by the City Engineer, plant street trees in conformance with the standards of the City of Cupertino. Variety oftree shall be selected from the CITY approved list. 13. P ARK FEES It is further agreed that the DEVELOPER shall pay such fees and/or dedicate such land to the CITY, prior to execution of this AGREEMENT, as is required within Section 18-1.602, Park Land Dedication, Cupertino Municipal Code, and which is further stipulated under Part J, Page 2 herein. Fees are also in accordance with action adopted by the City Council on March 19,1991 and Chapter 14.05 or Section 18-1.602 of the Cupertino Municipal Code 14. MAINTENANCE OF WORK It is further agreed that the DEVELOPER shall maintain the Work until all deficiencies in the Work are corrected to conform to the Plans and the City Standards and Specifications for the Work. The DEVELOPER shall, upon written notice thereof, immediately repair or replace, without cost or obligation to the City of Cupertino, and to the entire satisfaction of said CITY, all defects and imperfections arising out of or due to faulty workmanship and/or materials appearing in said Work. 15. SANITARY DISTRICT It is further agreed that the DEVELOPER shall file with the CITY, upon execution of this AGREEMENT, a letter from the Cupertino Sanitary District stating that the DEVELOPER has submitted plans for review by the District and that sanitary sewers are available to serve all lots within said Proj ect. 16. GOVERNMENT COSTS It is further agreed that the DEVELOPER shall file with the CITY, upon execution of this AGREEMENT, substantial evidence that all provisions of Section 66493, Artic1e 8, Chapter 4 of the Government Code, pertaining to special assessments or bonds, have been complied with. 17. PACIFIC GAS AND ELECTRIC/PACIFIC BELL It is further agreed that the DEVELOPER shall pay to Pacific Gas and Electric Company and/or to Pacific Bell Company, any and all fees required for installation of overhead and/or Page 7 of 10 /7-1 underground wiring circuits to all electroliers within said property and any and all fees required for undergrounding as provided in Ordinance No. 331 of CITY when the DEVELOPER is notified by either the City Engineer or Pacific Gas and Electric Company and/or Pacific Bell Company that said fees are due and payable. 18. EASEMENTS AND RIGHT-OF-WAY It is further agreed that any easement and right-of-way necessary for completion of the Project shall be acquired by the DEVELOPER at his own cost and expense. It is provided, however, that in the event eminent domain 'proceedings are required, the CITY for the purpose of securing said easement and right-of-way, that the DEVELOPER shall deposit with CITY, a sum covering the reasonable market value of the land proposed to be taken and, to be included in said sum, shall be a reasonable allowance for severance damages, if any. It is further provided that in addition thereto, such sums as may be required for legal fees and costs, engineering, and other incidental costs in such reasonable amounts as the CITY may require shall be deposited with the City of Cupertino. 19. HOLD HARMLESS It is further agreed that, commencing with the performance of the Work by the DEVELOPER or his contractor and continuing until the completion of the maintenance of the Work, the DEVELOPER shall indemnifY, hold harmless and defend the CITY from and against any or all loss, cost, expense, damage or liability, or claim thereof, occasioned by or in any way whatsoever arising out of the performance or nonperformance of the Work or the negligence or willful misconduct of the DEVELOPER or the DEVELOPER'S agents, employees and independent contractors, except tot eh extent any of the foregoing is caused by the negligence or willful misconduct of the CITY or the CITY'S agents, employees and independent contractors. 20. INSURANCE It is further agreed that: The DEVELOPER shall take out, or shall require any contractor engaged to perform the Work to take out, and maintain at all times during the performance and maintenance of the Work called for or required to be done hereunder, a policy of insurance naming the CITY and members of the City Council of the City of Cupertino individually and collectively, and the officers, agents and employees of the CITY individually and collectively, as insured. Said separate policy shall provide bodily injury and property damage coverage to the foregoing named CITY and individuals covering all the Work performed by, for, or on behalf of said DEVELOPER. Both bodily injury and property damage insurance must be on an occurrence basis; and said policy or policies shall provide that the coverage afforded thereby shall be primary coverage to the full limit of liability stated in the declarations, and if the CITY, its members of the City Council individually and collectively, and the officers, agents and employees of the CITY, individually and collectively, have other insurance against the loss covered by said policy ore Page 8 of 10 /7-(0 policies, that other insurance shall not be called upon to cover a loss under said additional policy. The insurance carrier shall provide proof of their ratings. All ratings shall be a minimum of "Best A-7" in accordance with ABAG policies. A. Each of said policies of insurance shall provide coverage in the following minimum amounts: For bodily injury, $100,000 each person; $300,000 each occurrence, property damage, $50,000 on account of anyone occurrence with an aggregate limit of not less than $200,000. . B. The DEVELOPER shall file with the City Engineer at or prior to the time of execution of this AGREEMENT by the DEVELOPER such evidence of said foregoing policy or policies of insurance as shall be satisfactory to said City Engineer. Each such policy or policies shall bear an endorsement precluding the cancellation or reduction in coverage without giving the City Engineer at least ten (10) days advance notice thereof. The CITY shall be shown as additionally insured on a separate "Additional Insured Owners, Lessees or Contractors" (Form A) or (Form B) Endorsement provided along with the evidence of said foregoing policy or policies of insurance. C. In the event that the Project covered herein should be mutually situated in or affect the area of jurisdiction of a separate municipality or political subdivision of the State of California, the policies of insurance required herein and above shall co-name such municipality or political subdivision and the provision set forth herein and above for the protection of the CITY shall equally apply to municipality and political subdivision. 21. MAPS AND/OR IMPROVEMENT PLANS It is further agreed that the CITY shall obtain the following map and/or plans at the DEVELOPER'S expense: A. A mylar blackline and five (5) prints of fully executed parcel map. B. A mylar blackline and twelve (12) prints of fully executed improvement plans. C. A scan in raster format of all executed improvement plans and map. D. Two (2) Y, size prints of fully executed plans and map, The DEVELOPER agrees to pay the CITY from the development maintenance deposit the cost for all prints of plans and maps. Page 9 of 10 fI-{/ 22. SUCCESSORS This AGREEMENT shall bind the heirs, administrators, executors, successor, assignee and transferees of the DEVELOPERS. The assignment of this AGREEMENT shall not be made without approval by the City Council of the City of Cupertino. IN WITNESS WHEREOF, CITY has caused its name to be hereunto affixed by its Mayor and City Clerk, thereunto duly authorized by resolution of the City Council and said DEVELOPER has hereunto caused their name to be affixed the day and year first above written. CITY OF CUPERTINO: Mayor Approved as to form: City Attomey City Clerk DEVELOPER: ~~ Sku. '---'" President Cupertino Estates, LLC, A California Liability Company Notary Acknowledgement Required Exhibit A Attached Page 10 aflO { 7-( ~ CALIFORNIA ALL·PURPOSE ACKNOWLEDGMENT ~ ~ ~ r State of California 8?Vn/lt Cltl f~ } ss. County of On <.:ful'( /5~ Date personally appeared OSbefore me, Sic ¡Je TÆâhh /éy L-tl ;,e and Tille of Officer (e.g.. "Jane Doe: Notary Public") Name(s)ofSigner(s) D personally known to me B1Oroved to me on the basis of satisfactory evidence l~ THANHKY ~ - Comm,#1510498 II) iii NOTARYPIIBlIC·CAlIFORIIA II) . SamaClillaCoun- 1 /¡IYCOmlll,EIPiIe5AU9Ust'9,20081 to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(les), and that by his/her/their signature(s) on the Instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. Signature of Notary Publk: OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. 02,).,)'1/ Cupcdff1.i) ? - Title or Type of Document: -Ajree~ -f6., In:.;ecf AP¡J -' ~(p /(¡? Ò/7 ÓIAI'! 1!5-M ¿;D¿;G Number of Pages: 10 Nolt-é' Description of Attached Document Document Date, Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: . D Individual Top oj thumb here I D Corporate Officer - Title(s): D Partner - D Limited D General D AttorneY-in-Fact I D Trustee [ D Guardian or Conservator I D Other: ~~~~==~~~=~~~J C 1999 National Notary Association' 9350 De Soto Ave.. P.O. Box 2402' Chatsworth. CA 91313-2402' www,nationalnotary.org Prod. No. 5907 Reorder: Call Ton-Free 1-600-876-6827 1¡-13 RESOLUTION NO. 05-156 DRAFT A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO ACCEPTING GRANT OF EASEMENT FOR ROADWAY PURPOSES FROM CUPERTINO ESTATE LLC, A CALIFORNIA LIMITED LIABILITY COMPANY, 22291 CUPERTINO ROAD, APN 326-16-017 WHEREAS, Cupertino Estate LLC, a California Limited Liability Company, has executed a Grant of Easement for Roadway Purposes which is in good and sufficient form, granting to the City of Cupertino, County of Santa Clara, State of California, easement over certain real property for roadway purposes, situate in the City of Cupertino, more particularly described in Exhibit "A" and Exhibit "B", attached hereto and made a part hereof, which is as follows: All that certain real property situate in the City of Cupertino, County of Santa Clara, State of California, located at 22291 Cupertino Road, APN 326-16-017. NOW, THEREFORE, BE IT RESOLVED that the City of Cupertino accept said grant so tendered; and IT IS FURTHER RESOLVED that the City Clerk is hereby authorized to record said grant and this resolution. PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this 6th day of September, 2005, by the following vote: Vote Members of the City Council AYES: NOES: ABSENT: ABSTAIN: ATTEST: APPROVED: Mayor, City of Cupertino City Clerk If-( GRANT OF EASEMENT FOR ROADWAY PURPOSES 22291 Cupertino Road APN 326-16-017 Cupertino Estate LLC, a California Limited Liability Company, grant(s) to the CITY OF CUPERTINO for public roadway purposes, together with the right to construct, repair, operate, and maintain any and all public utilities and improvements which shall be or become necessary for preservation of the public safety, welfare or convenience, the hereinafter described property which is situated in the City of Cupertino, County of Santa Clara, State of California, and as described as follows: (See Exhibit "A" & "B") IN WITNESS WHEREOF, executed this 2? day of AU~, 200 s-. o~.~~~ Steve President - Cupertino Estates, LLC, A California Liability Company (Notary acknowledgment to be attached) [ ð- :J- EXHIBIT A Street Dedication The land referred to herein is situated in the State of California, County of Santa Clara, City of Cupertino. A 10 feet wide street dedication describing as follow: Beginning found I.P. at the most southerly line ofsaid parcel, thence S 15° 13' 00" W, 10.36 feet; thence N 89° 53' 00" W, 88.10 feet; thence along a curve to the right with a radius of 15' and a central angel of 89° 53' 00", and a distance of25.32 feet; thence North, 192.60 feet; thence East, 10.00 feet; thence South, 182.62 feet; thence along a curve to the right with a radius of 15' and a central angel of 89° 53' 00", and a distance of 23.53'; thence S 89° 53' 00" E, 80.82 feet to the point of beginning. APN: 326-16-017 fr-J If6 r~ ()C\I ::D m ~ 3: ::Db po b g o CJ) R= 1 .00 ~ L = 3.53 D= 9'53'00' S 90'00'00' E 133.80 123.BO CUPERTlON ESTATE LLC. - q 326-16-017 U1 --i ;u 6 LOTI o 1"'1 o n ~ . 6 C\lz <0 N 'co ...... N 90'00'00' W 135.65 ..-....._~----"---".".,.__._.,..- ...........................,.- 125.65 .~ .............................._~')-){J !íl\j LOT2 :? §¡ C¿ ; iì$ f17 1.0 IfJ .il/ :::}I ! R= 15.00 L = 23.53 D= 89'53'00' ! P.O.B. S89'53'OO'E 117.63' CUPERTINO RD. EXHIBIT B PLAT TO ACCOMPANY DESCRIPTION FOR STREET DEDICATION 22291 CUPERTINO ROAD, CUPERTINO, CALIFORNIA APN: 326-16-017 f' SMP COMPANY Civil Engineers - .Land Surveyors 1534 Carob Lane Los Altos. CA 94024 Tel. (650) 941-6055 Fex (650) 941-6755 DA TE: 06-24-05 SCALE: 1"=30' JOB NO.: 24117 If-V CALIFORNIA ALL·PURPOSE ACKNOWLEDGMENT ~ ~ ~ ~ County of State of California Sant-t c/¿:¡ I7Æ. }ss. On efu ('/ /5f4, dðb5 before me, Date personally appeared Stelle. 1-tUn 7IttU¡f, K Ij Name and Tdle of Officer (e.G-. "Jan6 Doe. N6tary PublicÎ Name(s)ofSigner(s) D personally known to me g/proved to me on the basis of satisfactory evidence ,1~ THANH KY ~ - Comm.#1510498 (/).. HOTARY PU8UC·CA!JfORNIA rn , SantaClal1Co11n- ., w'ComIll.~esAugUst~9,2008'" to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. SigoeturaofNotaryPublk: OPTIONAL Though the information below ís not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: e rtút t Of E<tge~ FiJ r !( M cfc.Jtt y At r pC! I lfu/y ISft, ¿JDbS Document Date: Signer(s) Other Than Named Above: Number of Pages: -:5 Signer's Name: Capacity(ies) Claimed by Signer . Top of thumb here D Individual D Corporate Officer - Title(s): D Partner - D Limited D General o Attorney-in-Fact éJ Trustee D Guardian or Conservator D Other: ~ I c""" Signer Is Representing: . - . - © 1999 National Notary Association' 93S0 De Soto Ave.. P.O. Box 2402' Chatsworth, CA 91313-2402' www.nationalnotary.org Prod,No,S907 Reorder. Cell Toll-Free t-800-876-6827 ~ S'. , " lð~.) Dedication.txt Lot name: Dedication North: 699.7049 East: 2051. 7755 Line course: 5 00-00-00 W Length: 192.60 North: 507.1049 East: 2051. 7755 curve Len~th: 23.53 Radius: 15.00 De ta: 89-53-00 Tangent: 14.97 chord: 21.19 course: 5 44-56-30 E course In: 5 90-00-00 E course Dut: 5 00-07-00 w RP North: 507.1049 East: 2066.7755 End North: 492.1050 East: 2066.7449 Line course: 5 89-53-00 E Length: 88.10 North: 491. 9256 East: 2154.8447 Line course: N 15-13-00 E Length: 10.36 North: 501. 9224 East: 2157.5639 Line course: N 89-53-00 w Length: 80.82 North: 502.0869 East: 2076.7441 curve Len~th: 23.53 Radius: 15.00 De ta: 89-53-00 Tangent: 14.97 chord: 21.19 Course: N 44-56-30 W Course In: N 00-07-00 E Course out: N 90-00-00 W RP North: 517.0869 East: 2076.7746 End North: 517.0869 East: 2061. 7746 Line course: N 00-00-00 E Length: 182.62 North: 699.7069 East: 2061. 7746 Line course: N 90-00-00 W Length: 10.00 North: 699.7069 East: 2051. 7746 Perimeter: 611.56 Area: 3,020. sq. ft. 0.06 acres Mapcheck closure - (Uses listed Error closure: 0.0021 Error North: 0.00196 precision 1: 287,885.19 courses, radii, and deltas) course: N 22-54-55 W East: -0.00083 ~~~ /1: ~. .~\\ ~ f:e No. 32438 ~ \ c- 12-~I-oc;.l* *. ""^,,o . . . '. C \..' .s'~'" IVI ..,~" ''''Ji .......... \)Q;......... ./ ~, ~'~yPilJ; Page 1 [J'- ~ i .,-:'\ I , .Î~ /, ,..,>"- City Hall 10300 Torre Avenue Cupertino. CA 95014-3255 Telephone: (408) 777-3212 FAX: (408) 777-3366 davek@cupertino.org I CUPEIQ1NO i OFFICE OF THE CITY MANAGER STAFF REPORT Agenda Item Number 19 0.- Agenda Date: September 6, 2005 SUBJECT AND ISSUE Approval ofthe Revised Policy and Guidelines for Sister City Partnerships BACKGROUND The City Council adopted the "Guidelines for Sister/Friendship City Partnerships" in 2000. However, since that time circumstances have changed resulting in leaner budgets and the potential for the proliferation of associations. This situation strongly argues for revising the guidelines. The proposed revisions are centered on two very important elements of any program of this kind. These are: . Consideration of a much more refined and specific set of criteria for any potential new affiliation of Sister/Friendship City partnership. . Specific criteria and procedures for the budgeting and expenditure of any city (public) funds for Sister City travel and/or program expenses Attached is a proposed revision to the guidelines with particular emphasis on the two areas noted above. RECOMMENDATION Adoption of the proposed revision to the Policies and Guidelines on Sister Cities for the City of Cupertino Respectfully submitted: 5lli- David W. Knapp, City Manager /1fÀ..--1 Printed on Recycled Paper POLICIES AND GUIDELINES ON SISTER CITIES FOR THE CITY OF CUPERTINO Backl!round: Presently, Cupertino has two active sister cities registered with Sister Cities International, the cities ofToyokawa, Japan and Hsinchu, Taiwan. Intent of Sister City Affiliations: The city recognizes the value of developing people-to-people contacts as a way to further international communication and understanding. Sister city partnerships have proved very successful in fostering educational, technical, economic and cultural exchanges Sister city relationships are effective only when organizations of interested residents in one community work with interested residents in another city to promote communication and understanding among people of different cultures. The ideal affiliation should involve a large number of citizens and organizations in both cities, engaging in exchanges of people, ideas and cultures on a long-term, continuing basis. Interested citizen groups are responsible for implementing sister city programs. Sister City Citizen Committee Responsibilities: · Identify, manage, coordinate and implement all activities related to the sister city program · Establish a formal, incorporated 50 I (c) (3) structure, with officers and appropriate functional subcommittees. · Maintain communication with the affiliate sister city committee, ensuring the counterpart committee is equally committed to the program. · Solicit donations and in-kind contributions from the local business community as appropriate. · Finance from fundraising efforts and resources other than public funding, all travel and program expenses beyond reasonable postage, fax, copying and printing costs for events in which the City is participating. · Prepare a detailed budget from fundraising efforts other than public (City) funding for events and activities and keep track of expenses. Budget should f1Cl-:L Policies on Sister Cities Page 2 of3 show funds available and should identify adequate, ongoing funding sources for program activities. · Work with city staff several weeks in advance in arranging official city gifts and meetings for foreign delegations. For local groups traveling abroad and bringing city gifts, similar notice is required. City of Cupertino Responsibilities: · Serve as a support for sister city programs and activities by: · Providing reasonable postage, fax, copying, and printing support for sister city events in which the city is participating. · Providing the use of meeting room space at no cost to the Sister City Committee for related activities. · Offering city affiliation with official committee for purposes of coverage under ABAG insurance policy. · Providing modest official city gifts to government representatives from visiting countries. Travel and Prol!:ram Expenses: · The City Council will, as part of its annual budget adoption process for each Fiscal Year, to the extent deemed appropriate or necessary, determine and establish a program budget for anticipated sister city program activities. · During the course of annual sister city program activities, specific expenditures from funds in the Adopted Sister Program budget must be approved by the City Council in advance. No disbursements will be made with specific approval by the City Council. New Affiliations: · To gain the most from an international affiliation, the city will follow guidelines set forth by the Sister Cities International Association. Henceforth, Cupertino will not establish a relationship with any foreign city that already has an affiliation in the U.S. The city also will not establish a relationship with more than one sister city in the same country. · Future international relationships will involve cities that share characteristics with the city of Cupertino. Generally, these cities should be of similar population, be located in a similar geographic region, have a strong 2 f 1~ - j Policies on Sister Cities Page 2 of3 educational community component, house numerous high-technology companies or other characteristics common to the city of Cupertino. . To ensure that there is a broad base of community support for a global partnership, the citizen committee responsible for implementing the sister city program should include at least 20 active Cupertino residents who are committed to making a new affiliation successful. The committee should be composed of Cupertino residents who do not exclusively share an ethnic heritage with the prospective sister city. Adopted by Cupertino City Council on ,2005 Patrick K wok, Mayor 3 (c¡~ -t¡ ! /~ 11.1 ¡, .'/1 ~.-_._------' . City Hall 10300 Torre Avenue Cupertino, CA 95014-3255 Telephone: (408) 777-3220 Fax: (408) 777-3366 DEPARTMENT OF ADMINISTRATIVE SERVICES CUPEIQ1NO SUMMARY Agenda Item No: I q b Meeting Date: September 6, 2005 SUBJECT AND ISSUE Deny the request to pay for hotel accommodations for the Toyokawa and/or Hsinchu Sister City delegates during the Golden Jubilee Celebration. BACKGROUND The Policies and Guidelines on Sister Cities for the City of Cupertino provide for payrnent of reasonable postage, copying and printing, free use of city facilities, official city gifts to the delegates and certain other expenditures that Council approves. Several delegates from our Sister cities may be attending our Golden Jubilee celebration. In conjunction with their visit, staff has been asked to reserve and pay for hotel accommodations during their stay. The Cupertino Toyokawa Sister City Committee has recommended that we continue the tradition of allowing our visitors to participate in the home stay experience in lieu of paying for a hotel (see attached letter). Staff concurs with this recommendation given the success of this past practice and the limited funds available for the Sister City programs. RECOMMENDATION Deny the request to pay for hotel accommodations for the Toyokawa or Hsinchu Sister City delegates during the Golden Jubilee Celebration. Submitted by: ~a~ Carol A. Atwood Director of Administrative Services Approved for submission: ~v David W. Knapp City Manager Printed on Recycled Paper { ~ b-¡ Cupertino Sister Cities lnc. Cupertino-Toyokawa Sister City Post Office Box 742 Cupertino. California 95015-0742 .... t1'!) or August 24, 2005 Honorable Mayor Patrick Kwok City of Cupertino 10300 Torre Avenue Cupertino, CA 95014 Dear Mayor K wok, One of our contacts in Toyokawa, Japan has made our Cupertino- Toyokawa Sister City Organization aware that there may be an adult delegation from Toyokawa attending Cupertino's Golden Jubilee Celebration on September 24th and 25th. While we are always happy to welcome guests from Toyokawa, unfortunately during that time, our organization members will have little or no time to assist with their visit. That time frame corresponds with the annual visit of the student delegation of 16 students and 3 chaperones. We also plan to participate in the Golden Jubilee Celebration with a booth in "History Lane". In the interest of helping minimize expense to the City, we would like to suggest continuing the tradition of allowing the visitors to participate in the rewarding home stay experience. Perhaps the members of the adult delegation or the Innovations music group, who visited Toyokawa recently, could reciprocate by providing home stays. With the tight funding for non-profit organizations we have experienced, we find it increasingly important that the funding allocated by the City for each sister city organization be available for only the most essential expenses. If a delegation is visiting from Toyokawa, we wish them a successful and enjoyable visit and look forward to meeting them. Sincerely, Cupertino- TOY~~~~. Executive Committee Lucille Honig 'Il à~ . Cheryl Hultquist e.,{~ /k.'&pt.H'/ Virgil Klein ¡)¥ ¡eZ.¡.., MargeTaniguchi ~ .;;t;."J.JL Cc: Sandra James, Cupertino, City Council Member Richard Lowenthal, Cupertino City Council Member Dolly Sandoval, Cupertino City Council Member Kris Wang, Cupertino, City Council Member Dave Knapp, Cupertino City Manager Rick Kitson, Cupertino, Public Infonnation Officer (1h-,Á CITY OF CUPEIQ1NO 10300 Torre Avenue Cupertino, CA 95014 (408) 777-3308 FAX (408) 777-3333 Community Development Department SUMMARY AGENDA NO. dO AGENDA DATE September 6, 2005 SUBJECT: General Plan update, Application Nos. GPA-2004-01 and EA-2004-17, City of Cupertino, Citywide. RECOMMENDATION: Staff recommends that the City Council ~ Hear the report from the traffic consultant Bob Harrison ~ Identify the few remaining issues that need further discussion by polling the Council and asking the public to identify issues on their speaker cards. Examples of topics that may need further discussion include: o Trails o Sustainability o Economic Development Policies relating to retail sales and office developrnent and limits on non-retail sales in a shopping center o Traffic Level of Service to accommodate pedestrians o One-percent for art ~ Take action to approve the remaining components of the update. If this action includes the development allocations, indicate if it is based on Planning Commission or staff recommendations. ~ Open the hearing to hear comments on remaining issues. ~ Tirne permitting, discuss and resolve any of the issues and take a vote on those issues. ~ Continue remaining discussion to the Septernber 14, 2005 special General Plan meeting (Environmental Irnpact Report, any remaining issue resolution). BACKGROUND: The City Council held two public hearings on the proposed amendments to the General Plan; the first was an introductory meeting and the second meeting focused on the following subjects: Printed on Recycled Paper ao-I General Plan Update September 6, 2005 Page 2 1. Development Allocations }> Major differences among recommendations ~ Office allocation 2. Heights }> Major differences among recommendations }> Building heights needed for typical high volume, high quality retail buildings 3. Economic Development }> Ensure fiscal benefits of all new developrnent There are a few remaining issues for discussion from the Planning Commission recommended changes to the Task Force draft, as described above. The remaining elements of the General Plan are reasonably standard sections that were not the subject of a lot of discussion. In the interest of expediting the discussion, following the staff presentation, the Council may choose to identify the remaining issues and topics for discussion by asking members of the public to identify their issues on the speaker cards and polling council rnembers on the remaining issues you would like to discuss or review. Then the Council could take action to approve the remaining components of the draft General Plan, subject to the Environmental Review scheduled next week and the formal resolutions that will be presented on October 18. Focusing the discussion in this manner would facilitate the public input at the September 6 and 14 hearings and help expedite preparation of the final documents. DISCUSSION Planning Commission Recommendations (Exhibit A) The Planning Commission recommendations for changes to the Task Force Draft General Plan have been revised to highlight recent changes. The City Council may choose to identify any of these changes for additional discussion. Other than these changes, the Task Force Draft would be adopted as is, unless the Council identifies any additional changes needed. Parks/Trails: No hot topics were initially identified relative to parks and trails. However, future trail development was discussed at the Planning Commission meetings. The Planning Commission, in response to a petition received from the Regnart Gatekeepers, recommended some amended trail language that would attempt to locate trails away from rear yards. Here is the amended language proposed by the Planning Commission: c9J)- d" General Plan Update September 6, 2005 Page 3 Policy 2-70, Strategy 2 Trail Projects. Implement the trail projects described in this element. Evaluate any safety, security and privacy impacts and measures associated with trail development. Work with affected neighborhoods in locating urban creek trails, and locate creek trails on the opposite side of the creek frorn residential development. This recommended text was added during the discussion of the Regnart Creek trail segment located East of De Anza Boulevard. However it is not specific and could be interpreted to apply to all creek trails and potentially eliminate trail development and neighborhood connections in Cupertino, particularly for: the Mary Avenue bridge, Stevens Creek Trail at Deepcliff (the old haul road) and portions of the Stevens Creek Trail in the corridor currently planned for construction. In addition, two residential projects were approved with trail access to increase walkability: one on Orion Lane and the other on Rodrigues A venue. Both of them are next to Regnart Creek. These trail plans were developed over many meetings taking residential, environmental, structural and financial consequences into consideration. The city has a process for allowing public input on specific aspects of trails so that residents' concerns are addressed; interested residents would be expected to stay engaged in specific trail plans as they are developed. . The Bicycle and Pedestrian Commission was asked by the City Council to review this language, which they did on August 30, 2005, and they recommend the following changes: Trail Projects. Implement the trail projects described in this element. Evaluate any safety, security and privacy impacts and mitigations measures associated with trail development. Work with affected neighborhoods in locating urban €reek trails, and locate creek trails en thc opf3osite side of the creek from residential de'lclopmcnt. They also recommend adding the following text to the Regnart Creek and West Foothills Trails paragraph (page 2-54): ....A comprehensive trail plan for Regnart Creek, as well as one for the west foothills, would be advantageous, to provide consistent trail designs for future development. Locations of creekside or on-street trails will be determined during the public planning process. é),o- :? General Plan Update September 6, 2005 Page 4 These two changes are included in Exhibit A. The Council could alter the language as suggested by the Bicycle and Pedestrian Commission, modify the wording to address specific concerns of the Council members or eliminate the Regnart Creek trail segment as requested by the residents adjacent to Regnart Creek. Circulation/ Pedestrians The Hot Topic in the Circulation Element relates to Traffic Service and Pedestrian Needs (Hot Topic C-l, page 23 of the Planning Commission recommendations). The Task Force draft deleted a policy to allow a lower Traffic Level of Service to accommodate pedestrians on major streets and at specific intersections. The Planning Commission recommends restoring this policy to the General Plan. City Council discussion of this Hot Topic may not be necessary, but it is brought to the attention of the City Council because it was identified as a Hot Topic. An additional change is shown in Exhibit A in response to the request for a parking ordinance amendment to encourage Employee Cashout Programs. The change incorporates the suggestion that the parking ordinance be amended to define the program elements of a cashout program. Staff does not suggest that a one-year tirne deadline be incorporated into the General Plan because the work prograrn is typically decided by the Council in conjunction with all other city priorities and should not be singled out at this time. See page 21. The traffic consultant to the General Plan will be present to discuss traffic impacts of the General Plan, since he will be unable to attend the September 14 meeting on the Environmental Impact Report. Public Art Another Hot Topic in the Land Use Element is Public Art (Hot Topic LU-5, page 13 of the Planning Commission recommendations), which calls for a One-Percent for Art Ordinance. Again, City Council discussion of this Hot Topic may not be necessary, but it is brought to the attention of the City Council because it was identified as a Hot Topic. Environmental Resources - Sustainability Hot Topic ER-l calls for appointing a Task Force or Commission to develop a Sustainability and Resource Plan for the City. The Planning Commission recommends retaining this policy, but they recommend strengthening the policy regarding Green Building Design (see page 22 of the Planning Commission recommendations). City Council discussion of this Hot Topic may not be eJ,o-4 General Plan Update September 6, 2005 Page 5 necessary, but it is brought to the attention of the City Council because it was identified as a Hot Topic. REMAINING SCHEDULE Staff recommends that the City Council tentatively approve the proposed General Plan recommendations, subject to review of the Environmental Impact Report at the next meeting. The rernaining schedule would be: September 14 Draft Environmental Impact Report, remaining preliminary recommendations September 20 "Final" recommendations (without Resolutions) October 18 Approval of final General Plan (with Resolutions) and Certification of EIR Enclosures: Task Force Draft General Plan - please bring to meeting Exhibit A - Planning Commission Recommendations, revised September 6, 2005 Exhibit B - August 16 City Council Report y: Ciddy Wordell, City Planner b' Approved by: . ~ Steve Piasecki Director of Community Development David W. Knapp City Manager G:planningj pdreportj ccjCCGP A2004-01 sept 6 200S 30- 5' CUPERTINO PLANNING COMMISSION RECOMMENDATION FOR CHANGES TO TASK FORCE DRAFT GENERAL PLAN (Also incorporates changes recommended in the Corrections Document and recent staff recommendations) September 6, 2005 RECENT CHANGES ARE HIGHLIGHTED IN RED NOTE CHANGE NEEDED LAND USE AND COMMUNITY DESIGN NO ACTION NEEDED HERE. SEE HEIGHT CHANGES FOR EACH SPECIAL CENTER CONSENT EXHIBIT A Change Figure 2-D to conform to the height changes recommended for each Special Center (see below). Change as shown below: Actively pursue the annexation of unincorporated islands properties within the City's urban service area, including the MORta Vista and Creston neighborhoods. which will be annexed on a parcel-by-parcel basis with new development. and ººther remaining small unincorporated islands will be annexed as determined by the City Council. Page 2-12 1 2. Policy 2-12, Page 2-10 The reference to annexation of small unincorporated islands is out of date ~ C) \ ~ NOTE 2 CHANGE NEEDED APPROVED 6/15/05 MODIFIED 6/23/05 Add Strategies 5 and 6: Strategy 5: Multi-Family Residential Floor Area Ratios Ensure that the floor area ratios of multi- family residential developments are compatible with similar buildings in the surrounding area. Include a mix of unit types and sizes, and avoid a preponderance of excessively large units. Strategy 6: Ordinance Revision Revise the Planned Development and R-3 ordinances to reflect the intent of Strategy 5. APPROVED 6/15/05 MODIFIED 6/23/05 APPROVED 6/28/05 SEE TABLE 2-A Add Strategy 3: Transition Neighborhoods Recognize that some neighborhoods are in transition, and added flexibility for new residences will be considered. Add Strategy 7: Street Signs: When replacement is required, install new street signs at major intersections that promote Cupertino community identity, such as using the morion logo on the sign. Retain the standard font size of the street name to ensure readability. Change Table 2-A as shown on the following page. LAND USE AND COMMUNITY DESIGN 3. Policy 2-13, Page 2-11 Add two strategies. 4. Policy 2-16, Page 2-14 Add a strategy. 5. Policy 2-17, Page 2-15 Streetscape Design Add a strategy 6. Page 2-17 çe o \ ...J f Buildout Addt'l Potential 2005 Built RES. 2000 Built - - HOTEL (ROOMS) 2000 I 2005 \ Buildout Built Built 3 - - SjU'T.) 2005 TBUildout Built OFFICE 2000 Built - - COMMERCIAL (Sqi FT.) 2000 1 2005 Bui1dout Built Built TABLE2A 902 m. 220 17,776 87 o iL 200 815 178 220 17,576* 760 178 220 17,376 456.210 417.626 416.557 99,698 570 - 611 911 784 216 354 238 521,987 510,53 510,53 ,476,115 I 300 600 300 311 484 306 6 484 126 69,550 69,550 69,550 93,678 NEIGHBORHOODS - - 88,816 88.816 Monta Vista Oak Valley Fairgrove Other Areas COMMERCIAL CENTERS Heart of the 1,194,164 City Valteo Park South Homestead Road Other Areas 764 26 764 fD.A.) 26 708.057 708,057 708,057 ,902,564 50 1,652. 82,456 0.700 238.735 238,735 EMPLOYMENT CENTERS North De Anza I 44,979 36,505 Blvd. City Center Valleo Park North Bubb Road --i 46 300 250,604 268,735 268,735 495,415 496,40 494,576 656 751 951 o ISO 00 00 100 200 400 o 150 00 I 46 556 551 219 551 224 315 224 315 315 2,266,206 1.050. 227 3.069.676 2.048.02 1,050,227 2,968,144 ** 2,048,02 1.032,072 2,843,144 51,372 79,0 \I 133,147 61,308 127,806 29,358 127.806 - 23.000 23.650 1,903 2,553 21,097 20,032 1.429 1.579 1,429 441 444,435 8,836,952 428,645 8,344,536 428,645 8,325,312 4,431,000 Other Areas Citywide 8.840.000 8;325,000 4.431.000 3,895,885 3,317,426 3,317,000 Citywide (rounded to nearest thousand) REVISED 6/28105 and committed development through a Development 2005 Bui *Estimate **125,000 square feet committed to the HP campus Agreement was added to this column 6/13/05 G:pubJic folder/ciddyfIABLE2A-2004 6-14-05 includes approved Ib C) \ ~ NOTE 4 CHANGE NEEDED LAND USE AND COMMUNITY DESIGN DELETE STRATEGY 2. See Hot Topic Flag LU-2 for additional discussion of this issue 7. Policy 2-20, strategy 2, Page 2-17 Delete this strategy if the intent is not to A strategy to allow floor area ratios to allow floor area ratios to be exceeded: be exceeded may be in conflict with Floor area ratios for non-residential uses other references that do not allow them may be exceeded through the to be exceeded development review process using established criteria for evaluating projects. Recommended by staff August 16, 2005 in response to City Council questions regarding the reduction of office square footage and providing assurance that major companies have expansion opportunities. CONSENT This wording is in the current General Plan and was inadvertently left out of the draft General Plan. APPROVED 6J13/05 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. Add strategy 3: Merriman-Santa Lucia Neighborhood: Allow legally constructed duplexes to remain in the area bounded by Santa Lucia Road, Alcalde Road and Foothill Boulevard. Change "Development Intensity" as shown below: '[;'1, .. New 7. Policy 2-20, new strategy 2, new strategy 3, Page 2-17 8. Policy 2-21, Page 2-21 A strategy needs to be added Policy 2-24, Page 2-22 Monta Vista 9. ~.- . to< .If< ~ #it Development intensity shall be determined in conjunction with specific development review. Add Residential: Up to 12 units per acre. Change Building Heights from "two story 1 .", ',1.1 1 -1-...... "t ]'"-- = 0 f';-"1r:: 30 feet. ~ C) -b NOTE 5 CHANGE NEEDED APPROVED AS MODIFIED 6/13/05 MODIFIED 6/23/05 Change the first paragraph as shown below: ... .General Plan allocations for other commercial areas R6àes are for local- serving commercial needs. Commercial/ residential mixed-use is encouraged in selective commercial areas if the residential units provide an incentive for retail development and the resulting development is financially beneficial to Cupertino. Active commercial uses. such as bookstores. coffee shops. restaurants office supply. furniture and electronic stores are encoura!':ed to locate in Cuvertino. LAND USE AND COMMUNITY DESIGN 10. Page 2-24 Commercial Centers APPROVED AS MODIFIED 6/13/05 [Directed staff to reformat Heart of the City, Crossroads and Stevens Creek Boulevard areas so that it's clearer that the latter two areas are sub-areas of Heart of the City] Change "Development Activities" as shown below: Mixed commercial and residential development may be allowed if the residential units provide an incentive to develop retail use. if the development is well desi~ed. financially beneficial to Cupertino. provides community amenities and is are-pedestrian-oriented. Change Development Intensity: Residential Buildout: TABLE 2A Policy 2-27, Page 2-24 Heart of the 11 City <b C) \ --.. () NOTE APPROVED AS MODIFIED 6{13/05 AND 6/28/05 6 CHANGE NEEDED Change Development Activities as shown below: Development along Stevens Creek Boulevard shall have retail uses with storefronts on the ground level. Corrunercial office uses may be allowed on the second level. Limited residential uses are allowed. Change "Development Intensity" as shown below: . Development intensity shall be determined in conjunction with specific development review. Add Residential Units: Up to 25 units per APPROVED 6{13/05 acre. Chan: Heights to 45 feet. Change "Development Intensity" as shown below: Development intensity shall be, determined in conjunction with specific development review. Mixed corrunercial and residential development may be allowed if the residential units provide an incentive to develop retail use, if the development is well designed, financiall' beneficial to Cupertino, provides corrununi amenities and is are-pedestrian-oriented. Change Residential to: Up to 25 units per to 45 feet. acre. Chan LAND USE AND COMMUNITY DESIGN 12. Policy 2-28, Page 2-25 Crossroads 13. Policy 2-29, Page 2-27 Stevens Creek Boulevard <þ C) \ - -- NOTE APPROVED AS MODIFIED 6/13/05 MODIFIED 6/23/05 7 CHANGE NEEDED Change policy as shown below: Retain and enhance Valko Park South as a large- scale commercial area that is a regional commercial (including hotel), office and entertainment center with su orting residential development. are a Master Plan for scale Strate' streetsl s a: Valko Rosebowl ,d-, the entire Parkwa Change "Development Intensity" as shown below: 1 Master Plan connectivi servio , Strate LAND USE AND COMMUNITY DESIGN 14. Policy 2-30, Page 2-27 Vallco Park South ~Development intensity shall be determined in conjunction with specific development review. Mixed commercial and residential development may be allowed if the residential units provide an incentive to develop retail use, if the development is well designed, financially beneficial to Cupertino, provides community amenities and is are-pedestrian-oriented. Residential: Up to 35 units per acre. Residential Buildout: Table 2A Change Building Heights to 60 feet if mixed use and 45 feet if not mixed-use. ~ <::> \ 9J NOTE APPROVED 6/13/05 MODIFIED 6/23/05 8 CHANGE NEEDED Intensity" as shown "Development Change below: CONSENT Development intensity shall be determined in conjunction with specific development review. Mixed commercial and residential development may be allowed if the residential units provide an incentive to develop retail use, if the development is well designed, financiall' beneficial to Cupertino, provides communi amenities and is are-pedestrian-oriented. Residential Buildout: See Table 2A Chan¡;e Buildin¡; Hei¡;hts to 45 feet "Development Intensity" as shown below: . Development intensity shall be determined in conjunction with specific development review. Mixed commercial and residential development may be allowed if the residential units provide an incentive to develop retail use, if the development is well designed, financiall beneficial to Cupertino, provides communi amenities and is are-pedestrian-oriented. LAND USE AND COMMUNITY DESIGN , I 15. Policy 2-31, Page 2-28 Homestead I I Road I I ! 16. Policy 2-32, Page 2-29 Remainder of Neighborhood Commercial Areas ~ C) I - \,}! 9 - CHANGE NEEDED NOTE Modify Development Activities: Office, CONSENT industrial, research and development with The City Council previously supporting commercial and residential uses. requested that the Development N cw office de'lelopmeRt mast be associated Activities reference be deleted, and with Rew residential ElevelopmcRt at a ratio it was left in inadvertently. of two uffits for every 1,000 sq. ft. of effiec 5J"3ff' Change "Development Intensity" as shown below: l office. DevelopmeI MODIFIED 6/23/05 tined in conjunction ,nt review. Mixed PC VOTE 3-2 tial development sidential units develop retail use, i1 designed, financiaU provides communil lestrian-oriented. The IS shall not have a able 2A ts to 45 feet LAND USE AND COMMUNITY DESIGN 17. Policy 2-33, Page 2-30 North De Anza Boulevard ~ \ 1: 10 - LAND USE AND COMMUNITY CHANGE NEEDED NOTE DESIGN ~ 18. Policy 2-34, Page 2-31 City Center I Change "Development Intensity" as shown I CONSENT below: MODIFIED 6/23/05 CONSENT MODIFIED 6/23/05 Commission majority: 60 feet, one if mixed use and one office / ind only . Development intensity shall be determined in conjunction with specific development review. Mixed conunercial and residential development may be allowed if the residential units provide an incentive to develop retail use, if the development is well designed, financially beneficial to Cupertino, provides conununity amenities and is are--pedestrian- oriented.Residential Buildout: TABLE 2A Change "Development Intensity" as shown below: Hewlett Packard's development agreement locks in the remaining floor area allocated to their property. After the expiration of the development agreement, and for other properties in this area, the development intensity shall be determined in conjunction with specific development review. The Hewlett Packard campus shall not have a residential com¡ Residential Buil, 19. Policy 2-35, Page 2-32 Vallco Park North hts to 60 feet Chan 'b D \ - If\ NOTE 11 CHANGE NEEDED LAND USE AND COMMUNITY DESIGN APPROVED 4/15/05 Add Commercial to Bubb Road Land Use Map APPROVED 6/15/05 with additional wording. J-etfu Development intensity shall be determined in conjunction with specific development review. Building Heights: 30 feet. Change this policy to read: Use an annual, 5-year revenue projection, forecast by revenue area, to correspond to Cupertino's current revenue analysis. Include a fiscal analysis of development applications comparing the development proposal with the annual economic development plan, including the fiscal impacts of the development on the city's projected 5-year revenue stream. Develop a proactive economic development strategy that links residential development to provision of revenue generating uses such as sales tax offices and retail uses. Create an economic develoDment staff and bud~et. as shown Change "Development Intensity' below: L'l ~ A ~ 20. Policy 2-36, Page 2-32 Bubb Road ":--1¡:: -R-.c " 21. Policy 2-38, Page 2-35 Economic Development 9J C:> \ -- B' NOTE 12 CONSENT PC VOTE 3-2 Conversion of Office/Industrial Uses to Residential: Evaluate the economic impacts of converting office/ industrial uses to residential uses. See next page: Maintaining Cohesive Commercial Centers and Office Parks CHANGE NEEDED (to follow Policy 2- LAND USE AND COMMUNITY DESIGN 22. New Policy 42) Page 2-35 CONSENT Change as shown below: .. . Redevelopment funds will be used to foster the revitalization of this regional shopping center through mall expansion, infrastructure improvements, economic development programs and provision of very low, low and moderate-income housing. 23. New Text and Policy (to follow new policy above) Page 2-35 24. Page 2-36 Commercial Development Text related to Valko Fashion Park. Recommended by staff August 16, 2005 to help ensure the fiscal benefits of new development. CONSENT Change as shown below: 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. Change as shown below: Facilitate redevelopment in the Vallco Redevelopment Area as a distinctive regional shopping, residential and entertainment center, with hotel uses. 25. Policy 2-42, Page 2-35 Retail Sales-and Office Development 26. Policy 2-43 Page 2-36 Vallco Development Area ~ CO> 1- ....j 13 Centers and Office Parks Cohesive commercial centers and office parks are necessary to maintain a healthy sales tax base for the city and to retain opportunities for existing businesses to expand in response to changing business trends. Cupertino's major retail commercial centers are located at Vallco Fashion Park, The Marketplace and Portal Plaza centers, Cupertino Village, the Oaks and the Crossroads Commercial District; the office parks are located at Val1co (North of Highway 280), North De Anza Boulevard and Bubb Road: Maintaining Cohesive Commercial sales producers that are proposed to replace some or all of the existing be evaluated on a case by case basis to determine if they are or otherwise meet the following criteria: Projects with residential, eT quasi-public components or non-retai industrial, office and commercial uses on a site in these areas will complementary to the overall business park or shopping center, Integrate into the existing land use pattern by: · Continuing established land use patterns (e.g. commercial next to commercial or residential adjacent to residential) · Continuing patterns of building massing, setbacks and height · Establishing logical development patterns bounded by visible natural or man-made features such as a public or private road, creek, freeways etc. Provide visible pedestrianlbicycle connections to and from existing uses. Provide a visible and publicly accessible park/plaza or open space area. Orient active building spaces to the public or private rights of way. Provide superior building design with high quality natural materials and building architecture. Demonstrate there are sufficient existing or supplemental local revenues to support municipal and school services needed to serve the development. Show that the building is functionally obsolete in a market sense and cannot be reasonably redeveloped or marketed into a compatible use within the surrounding area, or show the existing building/use is no longer complementary to the larger commercial center or office par . Show that the development can reasonably stand alone as a self-sufficient land use that is otherwise complementary to existing buildings and uses. Show that the residential or quasi-public use provides an incentive to incorporate a significant component of commercial or offices uses on the site. Prohibit non-retail uses from exceeding 25% of a shopping center. 1) 2) 3) 4) 5) 6) 7) 8) 9) 10) g .J... "'" NOTE 14 CONSENT CONSENT CONSENT The tank house was constructed in the late 1800' s. It is currently located on vacant land that is part of a Byrne Avenue development. The Cupertino Historical Society believes that it has historical significance and should be maintained and preserved. APPROVED 6/15/05 Big Box Development: Consider approving big box development if it is compatible with the surrounding area in terms of building mass and traffic. Change the last sentence in Strategy 2 as shown below: Actual lot sizes and development areas will be determined through zoning ordinances, clustering, identification of significant natural features and geological constraints. Add the Nathan Hall Tank House to the Historic Resources Map. CHANGE NEEDED follow Policy 2- 28. Policy 2-45, Strategy 2 Page 2-37 Hillside Development Standards LAND USE AND COMMUNITY DESIGN 27. New Policy 44), Page 2-36 (to 29. Figure 2-G, Page 2-43 The Nathan Hall Tank House, adjacent to Blackberry Farm, needs to be added to the map of Historic Resources. Change Strategy 1 as shown below: Ordinance. Develop and adopt a One- Percent for Art ordinance, which requires public and private development to set aside 1 % of their total project budget for on-site art. Apply to vroiects 50,000 SQuare feet and larger. Page 2-45 1 30. Policy 2-63, Strategy Public Art \)..> c:; \ -- 4) NOTE 15 CHANGE NEEDED LAND USE AND COMMUNITY DESIGN CONSENT CONSENT Changes recommended by the Bicycle and I'edestrian Commission are shown in red. 9/6/05 CONSENT APPROVED AND MODIFIED 6/15/05 and 6/23/05 A motion to require 66% neighborhood approval for urban trails was defeated 2-3. Changes recommended by the Bicycle and Pedestrian Commission are shown in red. 9/6/05 Change the trails section adjacent to "Rancho San Antonio Park" text from "Future" symbol to "Existing or Proposed" symbol Add a strategy: Where possible, open and restore covered creeks and riparian habitat. Change as shown: ... A comprehensive trail plan for Regnart Creek, as well as one for the west foothills, would be advantageous, to provide consistent trail designs for future development. Change Strategy 2 as shown below: Trail Projects. Implernent the trail projects described in this element. Evaluate any safety, security and privacy impacts and measures associated with trail development. Work with affected neighborhoods in locating urban creek trails, and locate creek trails on the opposite side of the creek from residential development. Evaluate any safety, security and privacy impacts and mitigations associated with trail development. Work with affected neighborhoods in locating trails. 31. Page 2-52, Figure 2-1 Trail Linkages 32. Policy 2-75, Page 2-55 Park Design Creek and West Foothills 34. Policy 2-70, Page 2-54 Strategy 2 33. Regnart Trails ~ c::, ~ C) NOTE 16 CHANGE NEEDED LAND USE AND COMMUNITY DESIGN Add a policy to follow Policy 2-72: Park Variety: Plan for park uses that provide for a variety of recreational activities. 36. Policy 2-75, Page 2-55 Modify as shown below: on Park Design needs to be modified. Design parks to utilize the natural features and topography of the site and to keep long-term_maintenance costs low. Strategy: Native Plants Maximize the use of native plants and minimize water use. Add areas as shown below: Cali Park plaza, library plaza, City Center amphitheater, 3 apt. .5 acre areas, private open space in planned development such as De Anza Oaks. Change as shown below: Policy 2-77: Acquisition or Dedication of Additional Parklands: Additional parklands are identified and shall be acquired or dedicated in the Rancho Rinconada area, in the Vallco Park area, and in the area north of 1-280 near Stelling. Require dedication when significant new housing units are identified to meet State requirements. Delete Policy 2-82. CONSENT Suggested by the Park and Recreation Commission. to promote a 35. Page 2-55 A new policy is needed variety of park uses. CONSENT Recommended by Community Congress. CONSENT Don't count toward meeting the 3 acres/1000 population ratio. Only include areas that have public access 37. Table 2-C, Page 2-61 This table should be amended to incorporate private parks and open space areas. CONSENT 38 and 2-63 These policies are similar and should be combined. Policies 2-79 and 2-82, Pages 2-62 CD C) ¡ ~ - NOTE 17 CHANGE NEEDED LAND USE AND COMMUNITY DESIGN CONSENT Change as shown below: Provide park and recreational space and facilities for new residential development in the urban core. The need. this 39. Policy 2-81, Page 2-62 Some wòrds were omitted from policy CONSENT CONSENT See Draft Land Use Map Change as shown belowõ . . . tennis courts and will work. Revert the proposed hillside land use designation for the Lindy Lane area properties to Residential Low 1-5 duL acre 40. Policy 2-83, Page 2-63 One word needs to be deleted. 41. LAND USE MAP ~ C) ~ 9J 18 NOTE APPROVED AND MODIFIED 6/15/05 CHANGE NEEDED Change as shown below: .. . After adjusting for housing units already provided between 1999-2001, the revised estimate is that adequate sites are needed for 2,325 units from 2001-2006 or 465 units per year. -A - "1.. e-je 1..sffle1 L à,-.LL" ", New HOUSING 42. Page 3-4, Program 1 Construction. CONSENT The Household Income Categories originate with the State Department of Housing and Community Development and ABAG, and are essential to the certification of Cupertino's Housing element. CONSENT 'ó ....."- _ ~ 1 _. _~11 15" Restore this policy and Household Income Categories: Very Low 378 units Low 188 units 626 units 43. Policy 3-1, Page 3-5 Sufficiently Zoned Land for New Construction Need CONSENT Moderate Above Mod. 1,133 units TOTAL 2,325 units Update these numbers when Planning Commission determines the number of housing units for special centers, and also Residential Potential Outside of Planning Districts, Pro?;1'am 3 Change this program to conform to current state law. Change as shown below if other requests to add back mixed-use are reinstated: ... the City will evaluate the possibility of allowing residential development above existing parking areas except where mixed use is herein excluded. 44. Page 3-6, Program 1 Housing Units by Planning District 45. Policy 3-4, Page 3-10 Implementation Program 13 Density Bonus Proj:!;ram 46. Program 15, Page 3-10 Residential and Mixed Use Opportunities In or Near Employment Centers ~ ~ ~ ~ NOTE APPROVED 6fl5/05 The Task Force draft eliminated Implementation Program 17 related to Policy 3-6, Conversion of Commercial Lands to Residential. The Planning Commission approved new language related to conversion; the new language will be associated with the same policy. PC VOTE 3-2 APPROVED AND MODIFIED 6fl5/05 19 CHANGE NEEDED New Implementation Program for Policy 3-6: See attached page. The deleted Implementation Program is: Implementation Program 18: ResÚkntial Develaprrænt Exceeding Maximums Allow residential developments to exceed planned density maximums if they provide special needs housing and the increase in density will not overburden neighborhood streets or hurt neighborhood character. Time Frame: 2001-2006 Responsible Party: City of Cupertino, Planninp; Department the HOUSING 47. Policy 3-6, Page 3-11 Housing Densities 48. Policy 3-6, Page 3-11 The Task Force deleted an Implementation Program from Administrative Draft. 9..J c:::, t ~ -k NOTE APPROVED AND MODIFIED 6(15/05 APPROVED AND MODIFIED 6(15/05 CHANGE NEEDED Add a strategy: Evaluate providing incentives, such as reduced permit costs, for homes that exceed Title 24 requirements. Change as shown: The City will evaluate and implement the potential to provide incentives, such as waiving or reducing fees, for energy conservation improvements to residential units (existing_or newl 20 HOUSING 49. Policy 3-9, Page 3-14 Energy Conservation Program 28, Page 3-14 Waivers or Reduction for Energy Conservation 50. Fee 9..> ~ \ 9J U\ NOTE New wording added 9/6/05 in response to a request for an ordinance amendment. APPROVED AND MODIFIED 6/15/05 AND 6/23/05 21 CHAN Modify text a: Strategy 2: T~ TSM prograrr public and pr preferred par] bus passes, er workweeks ª' cashouts. En( Pro~ams by ordinance to , elements. To enhance walking, consider various improvements to roadways to make them more pedestrian friendly and less auto- centric. Where a median is provided, it should be wide enough to safely accorrunodate pedestrians. Streets such as Homestead, Bollinger, Rainbow, Prospect or Stelling should be evaluated for potential improvements for pedestrians. Working with the neighborhood, consider reducing residential street widths to promote slower traffic and less pervious surface. below: CIRCULATION 51. Policy 4-2, Page 4-6 TSM Programs 52. Policy 4-3, Strategy 5, Page 4-7 Pedestrian Improvements ~ \ \)J ~ NOTE CONSENT Recommended by the Bicycle/Ped Commission (is same as Policy 4-9 in the existing General Plan) CONSENT 6/23/05 This strategy needs to be modified because floor areas ratios were eliminated. 22 CHANGE NEEDED Add a new policy: Continue to plan and provide for a comprehensive system of trails and pathways consistent with regional systems, including the Bay Trail, Stevens Creek Corridor and Ridge Trail. The General Alignment of the Bay Trail, as shown in the Association of Bay Area Governments' Bay Trail planning document, is incorporated in the General Plan by reference. Modify strategy as shown below: 3. Allocation of Non-residential Development. In order to maintain a desired level of transportation system capacity, the city's remaining non- residential development potential shall be pooled and reallocated according to the city's development priority tables as shown in the Land Use Element of this Plan" CIRCULATION 53. New Policy (to follow Policy 4-3), Page 4-8 Regional Trail Development 54. Policy 4-5, Page 4-13 Modify a strategy )b C:; \ ~ --J NOTE CONSENT The Commission added another strategy on 6(15/05 Planning Commission asked that pedestrian policies deleted from the Administrative Draft by the Task Force be brought back 4/15/05 23 CHANGE NEEDED Add a new strategy: 6. Intersection Capacity Improvements. Make capacity improvements as needed to maintain Level of Service policies. (DeAnza Boulevard and Homestead Road and Stelling Road at McClellan Road.) 7. Enhanced Level of Service Strive to enhance the intersection Levels of Service where feasible. Add to first paragraph: It is the intent of this Plan that most streets should operate with no more than a tolerable level of congestion, LOS D. Exceptions to this standard in the Crossroads and at other locations to ensure pedestrians are well served at intersections are discussed below. Change the requirement to 66 % CIRCULATION 55. Policy 4-5, Page 4-13 A new strategy is needed to make the capacity improvements at the two intersections where needed to maintain the Level of Service policy standard. 56. Page 4-12 New text CONSENT This change is consistent with the Neighborhood Traffic Management Program practices as implemented by the Public Works Dept. PC VOTE 4-1 CONSENT The change is requested by Cupertino's transportation consultant. PC VOTE: 3-1 57. Policy 4-11, Strategy 1, Page 4-16 Requiring 60% approval by residents on the streets affected by traffic calming measures is not consistent with existing City practices. Change as shown below: De Anza Boulevard at McClellan Road, Existing 2000, Morning B, C+, Afternoon G, C-Projected 2020, Morning B C, Afternoon :g D+. Stevens Creek Boulevard at SR 85 Southbound Ramps, Projected 2020, Mornin~B-Ç. 58. Table 4-2, Page 4-18 A correction to the Level of Service is needed. so C) \ ~ """ NOTE APPROVED 6/15/05 Recommended by the Bicycle/Ped Commission PC VOTE 4-1 CONSENT CONSENT The change is requested by Cupertino's transportation consultant. 24 CHANGE NEEDED Restore this policy and strategies: Balance the needs of pedestrians with desired traffic service. Where necessary and appropriate, allow a lowered LOS standard to better accommodate pedestrians on major streets and at specific intersections. Strategy: Traffic Signal Walk Tirnes. This strategy is described in Policy 4-3. Added time on walk signs would be most appropriate near shopping districts, schools and seruor citizen developments. Change as shown below: measu traffic im Add Strategy 4: Use VTA Pedestrian Technical guidelines in street design, traffic calming and pedestrian crossings. Change as shown below: ... .However, assumin¡¡ roadway capacir improvements were provided at the intersections of De Anza Boulevard at Homestead Road and Stellin¡¡ Road at McClellan Road, the 2020 LOS for major intersections CIRCULATION 59. Page 4-13 Restore Adm. Draft Policy 4-6 Traffic Service and Pedestrians Needs 60. Policy 4-11, Page 4-16 Traffic Calming I I 61. Page 4-18 A change is needed to the description of "Future Year Traffic Conditions." ~ ~ ~ NOTE CONSENT The Santa Clara Water District requested that the General Plan place more emphasis on water use efficiency. CONSENT A City Council member requested that community gardens be mentioned in this element. MODIFIED 6/28/05 CHANGE NEEDED Add a strategy to Policy 5-1: Strategy 4: Conservation and Efficient Water Usage. Adopt and implement programs that promote conservation and efficient water usap;e. Add a strategy to Policy 5-1: Strategy 5: Community Gardens. Encourage community gardens, which provide a more livable environment by controlling physical factors such as temperature, noise, and pollution. Modify Policy 5-3 and Strategy 1 as shown below: Green Building Design £ncoura¡;c Set standards for the design and construction_of energy and resource converving/ efficient buildings (Green Building Design). Strategy 1: Green Building £-¡alaution Program. Prepare and implement "Green Building" c'¡aluation standards for all maior private and public projects that ensure reduction in energy consumption for new development through site and buildin\! design. 25 ENVIRONMENTAL RESOURCES 62. Policy 5-1, Page 5-2 An additional strategy is needed to stress water use efficiency. 63. Policy 5-1, Page 5-2 A reference to the environmental benefits of community gardens is 1 requested. 64. Policy 5-3, Page 5-6 Strategy Modify strategy ~ \ V o NOTE APPROVED 6/28/05 CONSENT This needs to be clarified to allow for EP A certified woodstoves. 26 CHANGE NEEDED Amend policy and add a strategy as shown below: Minimize the air quality impacts of new development projects and the impacts affecting new development. Strategy 4 Environmental Review. Evaluate the relationship of sensitive receptors, such as convalescent hospitals and residential uses, to pollution sources through the environmental assessment of new development. Change as shown below: Prohibit the use of wood-burning fireplaces in new construction, except for Environmental Protection Agencv Certified Woodstoves. ENVIRONMENTAL RESOURCES 65. Policy 5-4, Page 5-8 Air Pollution Effects of New Development New Strategy 66. Policy 5-7, Strategy 2, Page 5-9 A strategy regarding prohibition of wood-burning fireplaces needs to be clarified. ~ CO> ()¡ - NOTE CONSENT The Santa Clara Valley Water District requests this change. CONSENT The Santa Clara Valley Water District requests this change. 27 CHANGE NEEDED Change as shown below: The Santa Clara Valley Groundwater sub- basin provides approximately half of the total water demands in Santa Clara County, with an estimated operating capacity of approximately 350,000 acre-feet. The Santa Clara Valley Water District is the groundwater management agency in Santa Clara County. The District conjunctively manages the basins to maximize water supply, protect the basins from contamination and ensure that groundwater supply is sustained. The District manages the groundwater resources, including groundwater recharge, through percolation ponds and in-stream recharge of the creeks. The McClellan Ponds recharge facility is located in Cupertino. Please see next page for changes. ENVIRONMENTAL RESOURCES 67. Page 5-17 The paragraph under "Ground Water Recharge Facilities" needs to be replaced. 68. Page 5-18 A revised description of Urban Conservation is proposed. ~ o \ \..}..¡ 9J of the State 28 Changes to Urban Conservation: Climatic conditions of the region within which Cupertino is located reflect the climatic conditions typical of the rest of California. These conditions are characterized by periods of hot and dry seasons and seasons of heavy rainfall during the wet winter months. Weather conditions, however, can vary from year to year. In recent times, the region experienced periods of multi- year droughts in 1976-1977 and again in 1987-1992. Given the cyclical nature of the climatic conditions, it may be assumed that the region may again experience periods of drought in the future. Water conservation is of great economic, social and environmental importance. During these past periods of drought, the two retailers serving the City imposed water restrictions on their customers in response to the Santa Clara Valley Water District's calls for water use reduction. The reduction targets were periodically adjusted during the drought based upon water reserves, water usage and projected water supplies from both local and imported sources. Through the water management programs of both the District and the retailers, groundwater levels remained healthy and land subsidence was avoided. The District is currently updating its Integrated Water Resource Plan (IWRP), the purpose of which is to develop a flexible and incremental water supply plan for Santa Clara County through the year 2040. According to the District, flexibility is a key aspect of the IWRP 2002, which calls for periodic reassessments to respond to ever-changing water demand and water supply conditions. The District strives to meet the needs of its water retailers, but unpredictable eventualities necessitate continual monitoring and revisions to the District's water management activities. In the 2001 session, the State Legislature and Governor enacted Senate Bills 221 and 610, which requires jurisdictions to secure a water supply assessment from suppliers of water systems, for projects subject to the California Environmental Quality Act. The water supply assessment must be incorporated into the environmental documents and considered when determining if projected water supplies are sufficient to satisfy the demands of the project, in addition to the existing and planned future demands. ~ Ç) \ ~ V NOTE CONSENT The Santa Clara Valley Water District requests this change. CONSENT The Santa Clara Valley Water District requests this change. the CONSENT The Santa Clara Valley Water District requests this change. CHANGE NEEDED Change as shown below: Other Water Resources. Cupertino has two major water suppliers: the California Water Company and the San Jose Water Company. Both of these retailers purchase their water supply from Santa Clara Valley Water District. Change as shown below: Prior to making land use decisions, estimate increases in pollutant loads and flows resulting from projected future development to avoid surface and groundwater quality impacts. Change as shown below: Coordination of Local Conservation Policies with Region-wide Conservation 29 £ 'b Many of Policies: Coordinate city-wide water conservation efforts with the Santa Clara Valley Water District efforts being conducted on a regional scale. ' IH >iEi - g. ef ~ iL.... .1_ L ..L..1 1. .1, these. ENVIRONMENTAL RESOURCES 69. Page 5-18 A reference is needed to the Santa Clara Valley Water District. 70. Policy 5-21, Page 5-17 The policy related to Pollution and Flow Impacts needs to be revised. I 71. Policy 5-29, Page 5-19 This policy needs to be revised. I ! ~ <:::> I \.}.! Z NOTE CONSENT The Santa Clara Valley Water District requests this change. 30 CHANGE NEEDED Change as shown below: Water Use Efficiency: Promote efficient use of water throughout the City. ENVIRONMENTAL RESOURCES 72. Policy 5-31, Page 5-20 This policy needs to be revised. Strategy 1: Landscaping Plans. Require water-efficient landscaping plans that incorporate the u: e of recycled water of the for ation as development review process. Strategy 2: Water Conservation Programs. Work with the Santa Clara Valley Water District to undertake ams tho romote water use and Maintain CONSENT The Santa Clara Valley Water District requests this change. customers. Change as shown below: Flooding resulting from dam failure is yet another hydrological hazard. The largest body of water within the area is the Stevens Creek Reservoir. Stevens Creek Darn meets current d standards and the 73. Page 5-34 A reference to the Stevens Creek Reservoir is needed. failure is minimal. Causes for dam failure are numerous. They include inadequate design, construction deficiencies and sometimes poor under! foundation conditions. ~ <::> \ \}.J \J'\ CONSENT Change is requested by Department of Conservation, California Geological Survey Seisrnic Hazard Mapping Program 31 Change as shown below: Require all developers to provide geotechnical analyses per the requirements of the California Seismic Hazards Mapping Act and the California Environmental Quality Act. EJ:t: .!'¡'1... - C'. r. "r Analysis HEALTH AND SAFETY 74. Policy 6-1, Strategy 2 Geotechnical and Structural CONSENT Recommended by the Public Safety Commission (slightly revised by staff) Change Policy as shown below: Consider adopting a residential fire sprinkler ordinance. This will reduce Þetft fire flow requirements and thc _M-' ,_ 'iff'igI tg- _1 rI .. 75. Policy 6-11, Page 6-15 Residential Fire Sprinklers Ordinance CONSENT This information General Plan. Starting with the sentences in both policies that begin with "Specifically, require " strike the remaining text. 76. Policy 6-64 and Policy 6-45, Page 6-44 is too detailed for a The technical description of interior and exterior noise requirements needs to be deleted. APPROVED 6/28/05 PC VOTE 3-2 Modify as shown below: Strengthen the energy performance of existing housing. The City will considcr adapting encourage a residential energy conservation ordinance requiring residential units to meet minimum energy efficiency requirements at the time of re sale or maior renovation, recommendations public folder 2 77. TECHNICAL APPENDIX B Page B-66 ModifY text. G:public folder/ ciddy /preliminary ~ Ç) \ ~ ~ EXHIBIT B 10300 Torre Avenue Cupertino, CA 95014 (408) 777-3308 FAX (408) 777-3333 CITY OF CUPEIQ1NO Community Development Department SUMMARY AGENDA NO. n AGENDA DATE AU¡p1st 16,2005 SUBJECT: General Plan update, Application Nos. GPA-2004-01 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. Developrnent 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. - ,."; .,·c ,.)~ ¿J.D -3 7 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 cornpares 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: d-,O- 3! General Plan August 16, 2005 Page 3 AREA 2005 BUILT PLANNING PLANNING RECOMMENDED TOTAL UNITS COMMISSION COMMISSION POTENTIAL BUILDOUT POTENTIAL TOTAL Vallco Park 311 300 611 600 911 South (Toll Brothers 400 Vallco Fash. Park 156) Vallco Park 551 200 751 400 951 North (Morely 131 North Tantau 255) Bubb Road 0 0 0 150 150 TOTAL 862 500 1,362 1,150 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 Vallco Park North and North De Anza Blvd. In the Vallco Park North area, Hewlett Packard has 125,000 square feet of the committed office space, due to their Developrnent 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 aG - 3O¡ 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): Policy 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 Vallco Park South. The Planning Commission recommendation for Vallco 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 sirnilar 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 developrnent positively contribute to the City in terms of open space and fiscal resources. A rnodification 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 develot>ment 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 d.O~L/O 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: ~--)£:,,-¿ æ~cA-lc¿</ Steve Piasecki Director of Community Development w¿ David W. Knapp City Manager g:pdreportl eel CCGP A-2004-01 d-,O - 4 ( Message Page I of6 ~t q!b!OS =tt20 Kimberly Smith From: Bullock, Mike [mike.bullock@lmco.coml Sent: Tuesday, August 30, 2005 11 :12 AM To: City Clerk Cc: Ciddy Wordell; Steve Piasecki; Cupertino City Manager's Office SUbject: RE: August16thCouncilMeetinglnfo(Cashout) Subject: Sept6thCou ncilMeetingl nfo( Cashout) Mayor Kwok and Members of the Council: Up until now I have been advocating three changes to the City's Parking Ordinance: 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 $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. Also, in my Council Packet Email of July 19th, I included the following paragraph regarding Item 3. 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 cash out 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 cashout amount that allowed the parking lot size reduction or to spend whatever is required to put the parking lot back to its original size. However, since the meeting of August 16th, 1 have exchanged several very brief Emails with Councilman Lowenthal on cashoul. Consequently, I would like to suggest a sentence to preface the schedule of parking lot size reductions, as follows The following schedule of parking lot size reductions will not go into effect, for any company offering cashout, until after the expected reduction in parking lot use for that company is verified by the City. (I do not intend to imply that Counci1man Lmventha! is advocating the above ! simply offel" the change as a method to reduce any perceived risk to the city.) I have adjusted my charts accordingly The changes are shown In red fonl. Apology; In my August 9tl1 message and my August 16th comments, ! should have said that the Planning Commission proposed Strategy 2 words mean practically nothing to me. not that they mean practically nothing 8/30/2005 ;D-1f!J Message Page3 of 6 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 and offering parking cashouts. 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 Progr¡¡ms by ¡¡mending the Cupertino P¡¡rklng Ordin¡¡nce (within 1 year) with 1.) a definition of employee c¡¡shout. 2.) ¡¡ schedule of p¡¡rking lot si;¡:e rl!ductions as ¡¡ function of amount paid. and 3.) legal protections to ensure sufficient parking in ¡¡II cases. Note that Cashout will increase w¡¡lking, biking, c¡¡rpools, and transit use. Well, I have to admit that there is still no explicit subjecl. 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 11 th 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 cashout. 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) 756-8261 ----0rigln¡¡1 Message---- From: Bullock, Mike sent: Monday, July 11, 2005 1 :45 PM To: 'cityclerk@cupertino.org' SUbject: Julyl9thCouncllMeetingInfo( Cashout) Mayor Kwok, Zô - L[)' 8/30/2005 Message Page 4 of6 We met at the ABC dinner and, if I recall correctly, we briefly discussed bicycles. At that s¡¡me 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 city 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 Emai' attached below. The Email was distributed further. The resulting comments were supportive. I was subsequenUy made to understand that the Planning Commission added some cashout information and recommendation(s) into their June 28111 pecket for consideration and I was invited to make a presentation at that June 28111 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 19111 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 Parking Cashout at Places of Employment is where an empioyer 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 I¡¡rge.) 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 $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 wony 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 cashout 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 concépt with the Director of Community Development, Steve Piasecki. Besides this Email (including the attached Email below), there are two other items that I would like to supply, in support of an infonmed cashout decision, as follows. 1.) The first is a set of Power Point charts, that includes some of the ideas behind cashout and, most importanUy, the data showing how employees have reacted to the choice of cashout. 2.) The second is a reprint of an article by Patrick Siegman. 2..ð ~l(" 8/30/2005 Message Page 5 of6 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 19th 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 stliff 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, SlIfer, 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) 756-6261 ----QrIglnal Message----- From: Bullock, Mike Sent: Monday, June 20, 2005 6:25 PM To: 'gwong212@aol.com' Cc: 'cbpac@greensteln.com'; 'jhwaltDn@msn.rom'; 'foulkes@apple.com' SUbject: CarParkingOlshout(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 th¡¡t car-parking cash out is a better answer to the only legitim¡¡te CCC concem that I can think of, which is fear of grid locked car traffic. Nobody likes clogged traffic. I would like your commission to recommend that the City amend its car-parking ordinances, so as to give new choices to our Cupertino companies. I believe that such an amendment could be described ¡¡nd 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 perfo"" that function well. But there are huge unintended consequences; among the most prominent are significant company expense, global wa""ing, ¡¡nd 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 ¡¡mended to offer companies the choice of adopting car-parking cashout, with ¡¡ reasonable reduction in required parking lot size offered as a reward for doing so, then, without any coercion wh¡¡tsoever, events would naturally tum for the better. More specifically, the off-street parking ordinance should be amended to first define cashout and then to set up a schedule of reductions, such as: 2.ð ~~ Î 8/30/2005 Message Page 60f6 $3Iday allows a parking lot size reduction of 8% $6/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 ¡¡ 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 m¡¡y offer many arguments as to why cashout won't work. That is their job, if they have concems. I have exchanged Emai' 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 govemment regulation. Car parking cashout programs being recognized in the off-street parking ordinances would offer a new set of choices for comp¡¡nies. 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 eam no extra money. On the other h¡¡nd, 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 ¡¡Iso 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. 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"'C U ~ CO 0> co-o r:: a. ~ ....J:=:....J CO ~ ::J . . . . - - I' !-= o ftS E S .- .. .... ¡ CJ OJ .... C c: ftS ::J ~ (I) .... ( ) ..: ! :E CD 0 13 ¡ E g .!! ~ ü (.) = z- CD [! ü E CD g o C 1:: (.) CÞ 8- CD CÐ :::s .a " ~ - C 0 ~~~ ~.2~ ._.- E O'$! .. ca ( ) ::J CD fJ) O.a ..II:: (,) .Q :; ŒI ( ) ..II:: ::2 ;2J -c; <) Cc. 1/~!õS- Page 1 of I #- :1ð Kimberly Smith From: Melissa Hippard [melissa.hippard@sierraclub.org] Sent: Monday, August 29, 2005 3:25 PM To: City Clerk Subject September6thCounciIMeetinglnfo:LP SC SupportOfCashout Please forward to the Mayor and City Council. Thank you. Subject: September6thCounciIMeetinglnfo:LP SC SupportOfCashout Mayor Kwok and Members of the Council, The Lorna Prieta Chapter of the Sierra Club supports city policies that encourage the implementation of car parking cashout programs at places of employment. Congratulations on having a Planning Commission and Staff that have already recommended support for car parking cashout in your revised General Plan. Mr. Bullock has been an active chapter member since 1975. His idea of augmenting your current off-street p¡¡rking requirements with 1.) a definition of cashout, 2.) a schedule of p¡¡rking lot size reductions as a function of amount paid, and 3.) protections to ensure that neighborhoods will be protected from the intrusion of parked cars in all cases is a particularly effective and appropriate means of encouraging cashout. We plan to follow this issue closely and report the results in our chapter newsletter, the Lorn¡¡ Prietan. We are hopeful that the Cupertino off-street parking ordinances will become a model th¡¡t we can promote in other suburban cities. Sincerely, Melissa L. Hippard, Director Sierra Club, Loma Prieta Chapter 3921 E. Bayshore Rd. Palo Alto, CA 94303 650/390-8414 office 650/390-8497 fax www.!omaprieta.sierraclub.org - visit our website to leam morel ¡o -)~ 8/29/2005 I Buildout Add! Potential 2005 Bui RES. 2000 Built EXHIBIT A HOTEL (ROOMS) 2000 2005 _I Buildout Bui Bui' OFFICE S 2000 Built I Buildout TABLE 2A-7.19.05 COMMERCIAL (SQ. FT.) 2000 2005 Buildout Bui Built 902 178 220 172776 87 o o 200 815 178 220 7,576* 760 178 220 17,376 456,210 417,626 416,557 99,698 88,816 570 6 I 2 354 238 ,987 1 52 1 510,53 510,531 1,476,115 94,164 -I 611 300 311 764 26 764 (DA) 126 708,057 708,057 708,057 1,902,564 1,652,150 NEIGHBORHOODS Monta Vista 88,816 Oak Valle Fair Qve Other Areas COMMERCIAL CENTERS Heart of the City Valleo Park South 82,456 10,700 1 1 784 300 484 484 26 69,550 69,550 69,550 93,678 238,735 238,735 Homestead Road Other EMPLOYMENT CENTERS North De I 44,979 Anza Blvd. City Center Valko Park North Bubb Road Other Areas Citywide 306 300 6 250,604 268,735 268,735 495,415 496,40 494,576 Areas 146 656 75 I 00 100 200 46 556 55 219 551 224 315 224 315 2,266,206 ,050,227 3,069,676 2,048,021 1,050,227 2,968,144 *. 2,048,02 1,032,072 2,843,144 51,372 79,011 133,147 36,505 61,308 127,806 29,358 127,806 315 o 100 23.000 o 100 1,903 444,435 428,645 428,645 21,097 20,032 1.429 1,429 441 8,836,952 8.840.000 8,344,536 8,325,312 8,325,000 4,431,000 4.431.000 3,895,885 3,317,426 3,317,000 Citywide (rounded to nearest thousan4L 6/28/05 REVISED includes approved and committed development through a Development 2005 Bui *Estimate **125,000 square feet committed to the HP campus Agreement was added to this column 6/13/05 G:publîc folder/cîddyrrABLE 2A-2004 7-19-05CC.doc ~ (J \ t CITY OF CUPEIQ1NO 10300 Torre Avenue Cupertino, CA 95014 (408) 777-3308 FAX (408) 777-3333 CommU1Ùty Development Department SUMMARY Agenda Item No.2.\ Agenda Date September 6, 2005 SUMMARY: Application No. TM-2005-02, Tentative Map to subdivide a 0.84 net acre parcel for condominium purposes for a mixed use project consisting of about 2,400 square feet of retail space and 23 residential units in a Planned Development Zoning District. RECOMMENDATION: The Planning Commission recommends approval of Tentative Map, TM-2005-02, in accordance with Planning Commission resolution no. 6311. BACKGROUND: The project is located at 20128 Stevens Creek Boulevard. The site is occupied by a vacant restaurant building and surrounded on the west and south side by apartment buildings, and to the east by a commercial office building, and to the north by a retail store and commercial office. The City Council previously approved a Use Permit (file no. U-2004-01) to allow a retail/residential mixed use development (Adobe Terrace project) at this address on March 1, 2005. The subdivision request conforms to the approved plans and use permit conditions of approval. DISCUSSION: Tentative Map. On July 26, 2005, the Planning Commission reviewed and recommended approval of this tentative map on a 4-0-1 vote (Chen absent) (Exhibit A). They had no issues with the tentative map. According to the applicant, Pinn Brothers Construction, the air-space residential condominiums will be subdivided and sold, while the commercial condominiurn space will be retained by Pinn. All condo owners will share in the ownership and maintenance of the parking garage and other common areas (Exhibit B). Heart of the City Specific Plan. The Heart of the City Specific Plan commercial development standards (p. 24) require a minimum parcel size of 10,000 square feet for commercial retail development and/or one hundred (100) linear feet of (property) frontage for permitted uses. This parcel meets the second criterion with 108 feèt of property frontage. The Specific Plan language reads as follows: Printed on Recycfed Paper 2[-( TM-2005-02 ~ptember 6, 2005 Page 2 "c. Minimum Parcel Sizes -for previously unsubdivided properties are listed below. Existing legally-created lots are exempt from these minimums: 1. Commercial Retail Development- ten thousand (10,000) square feet and/or one hundred (l00) linear feet of frontage for pennitted uses." Handicapped Parking. The Commission noted that a handicapped parking stall was missing frorn the surface parking detailed on sheet 2 of the tentative map. It adopted a separate minute order, requesting that the parking stall be retained in the surface parking lot. The parking lot design is not a tentative map issue, but staff did not have the City Council-approved plans (Architectural & Site Approval and Use Permit) at the hearing to resolve this issue. Since then, staff has reviewed the plans, which show a handicapped parking stall in the surface parking lot. In addition, federal accessibility laws also require such a surface parking stall. No further action is needed on this issue. Enclosures: Planning Commission Resolution No. 6311 Planning Commission Minute Order No. 6312 Exhibit A: Planning Commission Staff Report dated 07/26/05 Exhibit B: Preliminary Condominium Plan Plan Set Prepared by: Colin Jung, Senior Planner Approved by: Steve Piasecki Director of Community Developrnent ~ David W. Knapp City Manager Cuptnmainserver/Planning/PDREPORT/CC/TM-2005-02 CC SR.doc 2 21-2 TM-2005-02 CITY OF CUPERTINO 10300 Torre Avenue Cupertino, California 95014 RESOLUTION NO. 6311 OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO RECOMMENDING APPROVAL OF A TENT A TIVE MAP TO SUBDIVIDE A 0.84 NET ACRE PARCEL FOR CONDOMINIUM PURPOSES FOR A MIXED USE PROJECT CONSISTING OF 2,395 SQUARE FEET OF RETAIL SPACE AND 23 RESIDENTIAL UNITS AT 20128 STEVENS CREEK BOULEVARD. SECTION I: PROTECT DESCRIPTION Application No.: Applicant: Location: TM-2005-02 Pinn Brothers Construction 20128 Stevens Creek Blvd. SECTION II: FINDINGS WHEREAS, the Planning Commission of the City of Cupertino received an application for a Tentative Subdivision Map as described in Section I of this Resolution; and WHEREAS, the necessary public notices have been given as required by the Subdivision and Procedural Ordinances of the City of Cupertino, and the Planning Commission has held at least one public hearing in regard to the application; and WHEREAS, the applicant has met the burden of proof required to support said application; and has satisfied the following requirements: a) That the proposed subdivision map is consistent with the City of Cupertino General Plan. b) That the design and improvements of the proposed subdivision are consistent with the General Plan. c) That the site is physically suitable for the type and intensity of development contemplated under the approved subdivision. d) That the design of the subdivision or the proposed improvements are not likely to cause substantial environmental damage nor substantially and avoidable injure fish and wildlife or their habitat. e) That the designs of the subdivision or the type of improvements associated therewith are not likely to cause serious public health problems. £) That the design of the subdivision and its associated improvements will not conflict with easements acquired by the public at large for access through or use of property within the proposed subdivision. 2-[- "5 Resolution No. 6311 Page 2 TM-2005-02 July 26, 2005 NOW, THEREFORE, BE IT RESOLVED: That after careful consideration of maps, facts, exhibits, testimony and other evidence submitted in this matter, the application TM-2005-02 for a Tentative Map is hereby approved subject to the conditions which are enumerated in this Resolution beginning on page 2 thereof, and That the subconclusions upon which the findings and conditions specified in this Resolution are based and contained in the Public Hearing record concerning Application TM-2005-02, as set forth in the Minutes of Planning Commission Meeting of July 26, 2005, and are incorporated by reference as though fully set forth herein. SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT DEPT. 1. APPROVED EXHIBITS Approved is based on the tentative map entitled "Tentative Map for Condominium Purposes: Adobe Terrace, City of Cupertino, Santa Clara County, California" by Ruggeri, Jensen, Azar & Associates, dated June 2005, and consisting of two sheets labeled 1 and 2. 2. NOTICE OF FEES, DEDICATIONS, RESERVATIONS OR OTHER EXACTIONS The Conditions of Project Approval set forth herein may include certain fees, dedication requirernents, 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 cornplying with all of the requirements of Section 66020, you will be legally barred frorn later challenging such exactions. 3. PEDESTRIAN INGRESS/EGRESS EASEMENT Prior to final map approval, the applicant shall record an appropriate deed restriction and covenant running with the land, subject to approval of the City Attorney and providing for the benefit of the abutting residential property to the rear of the subject parcel, an easement for pedestrian ingress and egress frorn the benefiting parcel to Stevens Creek Boulevard. 4. CUPERTINO SANITARY DISTRICT APPROVAL The project may significantly affect surrounding sanitary sewer facilities. The applicant shall participate in a flow study if necessary to determine the impact of the proposed project on the existing sanitary sewer system and make off-site improvements if necessary. 2(-L( Resolution No. 6311 Page 3 TM-2005-02 July 26,2005 5. BELOW MARKET RATE UNITS The applicant shall comply with the requirements of the Housing Mitigation Manual. 6. CONDOMINIUM PLAN Prior to the issuance of building permits, the applicant will provide a final condominium plan showing the three-dirnensional division of parcels, which will be checked by staff for conformance with the approved floor plans in the use permit (U-2004-0l). SECTION IV. CONDITIONS ADMINISTERED BY THE PUBLIC WORKS DEPARTMENT 7. STREET WIDENING Street widening, improvements and dedications shall be provided in accordance with City Standards and specifications and as required by the City Engineer. 8. CURB AND GUTTER IMPROVEMENTS Curbs and gutters, sidewalks and related structures shall be installed in accordance with grades and standards as specified by the City Engineer. 9. 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 forrns 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. 10. 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. 11. 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 perrnits maybe required. Please contact Army Corp of Engineers and! or Regional Water Quality Control Board as appropriate. 12. 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. 2{-J Resolution No. 6311 Page 4 TM-2005-02 July 26, 2005 13. 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. Ordinance No. 331 requires all overhead lines to be underground whether the lines are new or existing-. 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. 14. 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. Applicable development fees shall be commensurately adjusted to reflect the actual scope of the project in accordance with city ordinances. Fees: a. PW Checking and Inspection Fee: 6% of On & Off-site Improvements for Commercial Units 5% of On & Off-site Improvements for Residential Units b. Grading Perrnit Fee: 6% of On & Off-Site Improvements for Commercial Units 5% of On & Off-site Improvements for Residential Units $ 1,000.00 $ 3,462.00 N/A $ 243,000.00 c. Development Maintenance Deposit: d. Storm Drainage Fee: e. Map Checking Fees: f. Park Fees: Bonds: a. Faithful Perforrnance Bond: 100% of Off-site and On-site Improvements b. Labor & Material Bond: 100% of Off-site and On-site Improvernent 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 21-0 Resolution No. 6311 Page 5 TM-2005-02 July 26, 2005 event of said change or changes, the fees changed at that time will reflect the then current fee schedule. 15. 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. 16. 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. * Identify all Pre- and Post development BMPs that will be installed on-site. "Include erosion control plans with next submittal, which shall include a 50' rocked construction entrance and straw rolls. 17. WORK SCHEDULE A work schedule shall be provided to the City to show the timetable necessary for completion of on and off site improvements. 18. 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. 19. TRAFFIC The Traffic Department must approve all improvement plans prior to issuance of a building permit. CITY ENGINEER'S CERTIFICATE OF ACCEPTANCE OF ENGINEERING/SURVEYING CONDITIONS (Section 66474.18 of the 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 /s/ RalphOualls Ralph Qualls, Director of Public Works City Engineer CA License 22046 2r-7 Resolution No. 6311 Page 6 TM-2005-02 July 26, 2005 PASSED AND ADOPTED this 26th day of July 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, Chairperson Wong COMMISSIONERS: COMMISSIONERS: COMMISSIONERS: Chen ATTEST: APPROVED: / s / Steve Piasecki Steve Piasecki Director of Community Development /s/ Gilbert Wong Gilbert Wong, Chairperson Cupertino Planning Commission g:fplanning/pdreporf/res(TM-2005-02 re"doc ~I~J TM-2005-02 Minute Order CITY OF CUPERTINO 10300 Torre Avenue Cupertino, California 95014 RESOLUTION NO. 6312 (MINUTE ORDER) OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO RECOMMENDING THAT A HANDICAPPED PARKING STALL BE PLACED AT THE GRADE LEVEL PARKING LOT FOR THE PREVIOUSLY APPROVED ADOBE TERRACE RETAIL AND RESIDENTIAL MIXED USE PROJECT AT 20128 STEVENS CREEK BOULEVARD (FILE NOS. U-2004-01 and ASA-2004-02) The Planning Commission recommends that the City Council place a handicapped- parking stall at the grade level parking lot for the previously approved Adobe Terrace retail and residential mixed-use development located at 20128 Stevens Creek Boulevard. The Commission believes this is a safety, as well as a convenience issue. PASSED AND ADOPTED this 26th day of July, 2005, at a Regular Meeting of the Planning Commission of the City of Cupertino, State of California, by the following roll call vote: AYES: COMMISSIONERS: Giefer, Vice-Chair Miller, Saadati & Chairperson Wong COMMISSIONERS: COMMISSIONERS: COMMISSIONERS: Chen NOES: ABSTAIN: ABSENT: ATTEST: APPROVED: f sf Steve Piasecki Steve Piasecki Director of Community Developrnent f sf Gilbert Wong Gilbert Wong, Chairperson Planning Commission 21~1 E.'/-\\Ib't: A CITY OF CUPERTINO 10300 Torre Avenue, Cupertino, California 95014 DEPARTMENT OF COMMUNITY DEVELOPMENT REPORT FORM Application: TM-2005-02 Applicant: Pinn Brothers Construction Owner: Mandella Family Trust Location: 20128 Stevens Creek Boulevard Project Data: General Plan: Zoning: Gross Acres: Residential: Units: Density: Commercial: Retail: Project Consistency with: Agenda Date: July 26, 2005 Commercial/OfficelResidential P (Heart of the City) 0.84 23 condominium units 33.8 du/net ac. (Heart of the City Specific Plan calculation) 2,395 sq. ft. General Plan yes Zoning yes Environmental Assessment: This subdivision map is based on the approved use permit - U-2004-0l and is within the scope of the negative declaration granted by the City Council on March 1,2005 for EA-2004-02. Application Summary: Tentative map to subdivide a 0.84 net acre parcel for condominium purposes for a mixed use project consisting of about 2,400 square feet of retail space and 23 residential units in a Planned Development Zoning District. RECOMMENDATION: Staff recommends the Planning Commission take the following action: 1. Approve TM-2005-02 subject to the model resolution. BACKGROUND: The City Council approved a Use Permit (File #: U-2004-01) to allow a retail/residential mixed-use development at 20128 Stevens Creek Boulevard on March I, 2005-the Adobe Terrace project. This subdivision request conforms to the approved plans and conditions for the approved Use Permit. DISCUSSION: Condominium Plan Section 66427 of the State Subdivision Map Act states that: "a map of a condominium project need not show the buildings or the manner in which the buildings or the airspace above the property shown on the map are to be divided..." Prior to the issuance of building permits, the applicant will provide a final condominium plan showing the three- ~\~[D 2 dimensional division of parcels, which will be checked by staff for conformance with the approved floor plans in the use permit (U-2004-01). Enclosures: Model Resolution Tentative Map Prepared by: Approved by: Colin Jung, Senior Planner ~ Steve Piasecki, Director of Community Developme~ g:planninglpdreportlpcTMreportsITM-2005-02.doc 2 2-1 ~ It if ,<. "[ (:> --t (;t SHEET INDEX: TITLE AND NOTES SHEET LOT LA YOUT GARAGE PLAN FIRST FLOOR PLAN SECOND FLOOR PLAN UNIT PLAN BUILDING SECTION 1. 2. 3. 4. 5. 6- 12. 11 BENCHMARK: CONCRETE NAIL IN T. C. NORTHEAST RETURN ON STEVENS CREEK BL VD. AT INTERSECTION WITH PORTAL A VENUE. £LEVA TlON 196.49 BASIS OF BEARINGS: THE BEARING N89'54'OO"E OF THE MONUMENT LINE OF STEVENS CREEK BLVD. AS SHOWN ON THA T CERTAIN "RECORD OF SURVEY" RECORDED IN BOOK 91 OF MAPS OF PAGE 35, SANTA CLARA COUNTY RECORDS, WAS TAKEN AS THE BASIS OF ALL BEARINGS SHOWN ON THIS PLAN. LEGEND: NOTES: THE REAL PROPERTY SUBJECT TO THIS PLAN COMPRISES ON PROJECT CONTAINING 24 CONDOMINIUMS AND COMMON AREA LOTS. ALL OF PARCEL "A" AS SHOWN ON THA T RECORD OF SURVEY FILED IN BOOK 242 OF MAPS A T PAGE 13, RECORDS OF SANTA CLARA COUNTY, STA TE OF CALIFORNIA, IS A "CONDOMINIUM PROJECT" AS THE TERM IS DEFINED IN SECTION 1351(f) OF THE CIVIL CODE OF THE STA TE OF CALIFORNIA THIS CONDOMINIUM PLAN IS A THREE DIMENSIONAL DESCRIPTION OF THE CONDOMINIUM PROJECT WHICH SHOWS MONUMENTA TlON ON THE GROUND. THE PROJECT AND THIS CONDOMINIUM PLAN ARE SUBJECT TO THE DECLARA TlON OF COVENANTS, CONDITIONS. AND RESTRICTIONS FOR THE ADOBE TERRACE PROJECT. TITLE AND NOTES ",SI CONDOMINI~~ ~ ADO~"," -OCNRAC CI y ~ ~~ERTINO C~T' SANTA CLARA <:z Yrepared By: RUGGEi~jL~SEN-AZAR & ASSOCIATES 8055~amino Arroyo. Gilroy, CA 95020 JOB #002016 JULY 2005 SHEET 1 Ar 12 SHEETS ENGINEER'S STA TEMENT.· I HEREBY STA TE THA T I AM A LICENSED LAND SURVEYOR IN THE STA TE OF CALIFORNIA; THA T THIS PLAN CORRECTL Y REPRESENTS THE BOUNDARIES OF THIS CONDOMINIUM PROJECT AND A THREE DIMENSIONAL DESCRIPTION OF THE UNITS BASED UPON ARCHITECTURAL PLANS ENTITLED . ~ SHEET NUMBERS XX THROUGH XX, DATED MONTH DArE )'FAR PREPARED BY ANDERSON ARCHITECTS. INC.; AND THA T THIS CONDOMINIUM PLAN CONSISTING OF TWEL VE (12) SHEETS WAS PREPARED UNDER MY SUPERVISION AND IS A DESCRIPTION OF A CONDOMINIUM PROJECT WHICH REFERS TO THE BUILDING PERIMETERS ON THE GROUND AND A THREE DIMENSIONAL DESCRIPTION OF THE PROJECT IN SUFFICIENT DETAIL TO IDENTIFY THE COMMON AREAS AND EACH SEPARA TE INTEREST PURSUANT TO THE REQUIREMENTS OF CALIFORNIA CIVIL CODE SECTION 1351 (e). v' MONTH/DA Y/YEAR NAME REG NO. REGISTRA TlON EXPIRES ~ \ -- ~ ~ I i ~ LOT LAY~UT ~ CONDOMINI' ' N ADO~~ 1Eì ACE CI Y ~ ~PERTINO C~T' SANTA CLARA -a .\Â'repared By: RUGGEffiI-~SEN-AZAR & ASSOCIATES 80(5)Carnino Arroyo, Gilroy, CA 95020 JOB #002016 JULY 2005 SHEET 2 OF 12 SHEETS ~ ~ . . ~ " § ~ " ~I ., , _:r....._ - ~~~. 'J.NJ.~[iX2 ~x; _ .=..::::~ -- c¢. I ,~ fJ ~ ...11-;' - ~ _11.;' ¡ Lt 11- 1: y.l= ImL ....~ ==- --=-- xxxxxxx.; - - .......¡ "" ~ --- "" = y-"- C)(xxxxxx ~XJ<YXXJ __ ~.. ~8C;IX ............_ r~ ~_ --~ :.BZY'....'nØII_ -=-- ::iii ~ ~ ~ - 0 20 _ .' I ::ALE IÑ FEET: ,'" 40 ~ vv ~ -SEE SHEET 2 FOR BOUNDARY CONTROL -ALL DIMENSIONS AND ELEVA nONS ARE IN FEET AND DECIMALS THEREOF. -DIMENSIONS SHOWN AREA TO EXTERIOR FACE OF CONCRETE WALL, AND UNFINISHED INTERIOR WALL AND FLOOR SURFACES. -ALL LINES SHOWN ARE PARALLEL mTH OR A T RIGHT ANGLES TO THE WALL WHOSE BEARING APPEARS HEREON UNLESS OTHERmSE NOTED. -INTERIOR WALLS mTHIN THE UNITS ARE NOT SHOWN. g ~ o , w w " o ~ z ~ ~ ~ 62,0' .~ J '1' -r ~ ~ '" --T 49 DASHED LINE INDICATES BUILDING ABOVE 27.0' ACE OF CUR ~ GARAGE~LA~ ~ CONDOMINI _\ N ADO~~ 1£ì ACE CIT.'( ~ ~~ERTINO C~~T SANTA CLARA <::t \.-Prepared By: RUGGF.€P-~SEN-AZAR & ASSOCIATES B055\Camino Arroyo, Gilroy, CA 95020 JOB #002016 JLlL Y 2005 SHEET 3 OF 12 SHEETS ?860· 155.3'- - - \ I D 1 .ß 2 ø = ~ ~ " = -~ it ~ - - - -303.0' ~ ~ 0 20 10 60 -- - . ~ SCALE IN FEET: ~ 40' 24.0' ---'k- ~ ~ q --+ 59.3' 40 58 48 60 ~ ~ q LEV. Q~IP = = ô q = 3 14 15 . BIKE STORAGE 6 7 8 ~ ~ '" g ~ q -, '-20,0' tJ 1 ~ -£: NOTES' -SEE SHEET 2 FOR BOUNOARY CONTROL -ALL DIMENSIONS AND ELEVATIONS ARE IN FEET AND DECIMALS THEREOF. -DIMENSIONS SHOWN AREA TO EXTERIOR FACE OF CONCRETE WALL. AND UNFINISHED INTERIOR WALL AND FLOOR SURFACES. -ALL LINES SHOWN ARE PARALLEL WITH OR A T RIGHT ANGLES TO THE WALL WHOSE BEARING APPEARS HEREON UNLESS OTHERWISE NOTED. -INTERIOR WALLS WITHIN THE UNITS, ARE NOT SHOWN. © E)IS!»II Ci , ~ ~ ro~t " ~ ~ ~ ~ ~ ~ ~' .,- '"= oo<=:> /' " m. ~ "'""" -- ~ - ~~....-=~ ~""o:<>,.ftT"fNfþ:O=1Oti ¡¡QQQ¡ ~ """"' Ci ····1 poaum¡ 11).0 _II'.III[J"''''''''' """" ""'" - - =--..:.I.;.=.. ""'" """" " ~ " ~~ i ! Ci :>'! """'" I"""'" (Qf'UII1fR$ I . . ""'" . " - ~ I==... I ¡ !Vo1!CI>~~1< ...IC&'!II<:U>,.~~ 1IeI:!~_1"L.HI NlPI!I.J!V"'"I1ON~ ,~ 37.0 FACEOfWflB A- FIRST FLOO~P~A ~ CONDOMINI ~\ N ADO~",-1E:ì ACE CI 'f ~ ~PERTINO C~T1 SANTA CLARA <2. ,\»repared By: RUGGEØ-~SEN-AZAR & ASSOCIATES 80(5)Çamino Arroyo. 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City Hall 10300 Torre Avenue Cupertino, CA 95014-3255 (408) 177-3262 FAX: (408) 717-3366 CUPEIQ1NO SUMMAR Y Agenda Item '1.:L Date: September 6, 2005 Subject: Consider Adopting Resolution and Supporting Assembly Bill 438, as amended, (Parra) Sex offenders. Background: The Megan's Law Web site has placed rental property owners and managers in a difficult position. Governor Schwarzenegger signed AB 488 last year, expanding the scope of Megan's Law by requiring information about sex offenders to be available on the Internet. This easy access to the Megan's Law registry has heightened public interest and awareness of convicted sex offenders in communities throughout California. Residents are discovering that their families might be living next to convicted sex offenders. AB 438 is intended to address the current state of California law that has given rental property owners and managers conflicting directives. State law effectively prohibits use of the Megan's Law website to deny housing to listed sex offenders. If a residential rental property owner or manager learns from the database that someone is a sex offender, he/she cannot deny the sex offender housing or warn other residents based on this knowledge, without the risk of being sued by the sex offender. At the same time, the law also exposes rental property owners to lawsuits if they fail to protect residents against a known risk-in this case, someone with a documented criminal history of sexual assault against children, women, and other residents. Heavy fines, including a civil penalty of up to $25,000, can be imposed upon a landlord for unlawfully using the Megan's Law database to discriminate against or harass a sex offender. This contradiction in state law places all California rental property owners and managers in a difficult situation. Recommendation: The city council consider support of this legislation. Approval of this recommendation will adopt the attached resolution and authorize the Mayor to send letters of support to state legislators and staff. SUbIlli,'2L,,~ed by: ./ . . ,/..-....' . Approved for submission: ~ Rick Kitson Public Information Officer David W. Knapp City Manager 2.1.-/ Printed on Recycled Paper DRAFT RESOLUTION NO. 05-157 A RESOLUTION OF THE CITY COUNCIL OF CUPERTINO SUPPORTING AND ENDORSING AB 438 (PARRA) TO PROTECT FAMILIES LIVING IN RENTAL COMMUNITIES FROM SERIOUS AND HIGH RISK SEX OFFENDERS Resolution of the city of Cupertino requesting the State Legislature to pass Assembly Bill 438 (Parra) to protect families living in rental communities from serious and high risk sex offenders. WHEREAS, the City of Cupertino seeks to ensure safe and affordable housing for its residents; . WHEREAS, there are a significant number of families and individuals residing in rental communities throughout the City; WHEREAS, rental housing providers are in a precarious situation due to the recent availability of sex offender information over the Internet; WHEREAS, rental housing providers seek to be able to protect their tenants from the known dangerous propensities of other tenants; WHEREAS, state law currently prohibits rental-housing providers from using information contained on the state Megan's Law database to make housing decisions; WHEREAS, state law currently prohibits rental housing provides from notifYing tenants if there is a serious or high-risk sex offender residing in the rental community; WHEREAS, rental housing providers need a clear direction from the state and relief from the current situation; WHERAS, the legislature needs to provide clear direction and identifY housing alternatives for serious and high-risk sex offenders. NOW THEREFORE BE IT RESOLVED that the city of Cupertino does hereby request the State Legislature to pass Assembly Bill 438 to protect families living in rental communities from serious and high risk sex offenders. ;z.2- :L Resolution No. 05-157 2 PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this 6th day of September, 2005, by the following vote: Vote Members of the City Council AYES: NOES: ABSENT: ABSTAIN: ATTEST: APPROVED: City Clerk Mayor, City of Cupertino 2 :z.~ - 3 A.J:::} "t.Jö r\.:::¡::;.t:llIUIY DIll - .L\.J.V.l..J...j.l"'\.L-".f.-.¿.L-" - -·0- - -- BILL NUMBSR: AB 438 BILL TSXT Ai"lENDED AMENDED IN ASSEMBLY APRIL 13, 2005 INTRODOCED BY Assembly Member Parra FEBRUARY 15, 2005 An act to amend Section 290.46 of the Penal Code, relating to sex offenders. LEGISLATIVE COONSEL'S DIGEST AB 438, as amended, Parra. Sex offenders. Existing law provides that the Department of Justice shall make available information concerning specified registered sex offenders to the public via an Internet Web site. Existing law provides, with respect to certain sex offenders, that the address at which the person resides shall be made available. Existing law requires that every lease or rental agreement for residential real property and every contract for sale of residential real property, as specified, contain a notice that this information is maintained by law enforcement authorities. This bill would provide that based upon the information made available to the public via the department Web site, a lessor of residential real property may refuse to provide housing to, or evict, a sex offender whose residence address is made available on the Web site. This bill would also provide that a lessor may inform other residents of that residential real property that a person whose residence address is made available on the Internet Web site also .resides in the residential real property. Existing law ~lgç requires the department to update the Web site on an ongoing basis. This bill would require tR9 ?~r~r~m2P~ local law enforcement to update the Web site ~ aFfr~~ri?~~ t2 ~çrr~?~ +R9 ?¿¿r9~~ çf ~ r93i~t9rg~ 99:" ?ffgR~çr "i~1.-.~~ ]" ?-:'~.~ -:-f rç'':'ç'~niPJ.} rç+~g9 fr-:'~ ¿¡ rçç~9,:,~~i~J rrç'r~~+~· 2<>¡qÇ'- t~?~ +1.-.9 -QJ~~+~-9~ ~Q~" ~ÇÇ9R?Q- ~~ lç~JQ- -~@jªQ~ )+ +1.-.~ ~99-~~~ li~t':'~ ?R ~1-.ç' \'19J2 &'i*='>.' and to seek to verify whether a registered sex offender no longer resides at the address listed on the Web site within a reasonable time after receiving a written notice indicati ng that the registered sex offender no longer resides at the address from the current owner of the residential real property that is listed on the Web site as the home address of the registered sex offender Because this bill would require local official to perform new duties, this bill would create a state-mandated, local program. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions. http://www.leginfo.ca.gov/publbill/asmlab_040l-0450/ab_438 _ bill_ 20050413_ amended_a... 8/30/2005 ;¿2-L( AJ:j 4.)ð ASSt:IIlOlY DIU - J-\...iVIC1"lULU - Vote: majoríty. Appropríation: no. Fiscal State-mandated local program: ~ yes COIJ1mittee: yes. THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS: SECTION 1. Section 290.46 of the Penal Code is amended to read: 290.46. (a) On- or before the dates specif ied in this section, the Department of Justice shall make available information concerning persons who are required to register pursuant to Section 290 to the public via an Internet Web site as specified in this section. The department shall update the Web site on an ongoing basis. All information identifying the victim by name, birth date, address, or relationship to the registrant shall be excluded from the Web site. The name or address of the person's employer and the listed person's criminal history other than the specific crimes for which the person is required to register shall not be included on the Web site. The Web site shall be translated into languages other than English as determined by the department. (b) (1) On or before July I, 2005, with respect to a person who has been convicted of the commission or the attempted commission of any of the offenses listed in this subdivision or the statutory predecessors ?f any of these offenses, or any offense which, if committed or attempted to be committed in this state, would have been punishable as one or more of the offenses listed in this subdivision, the Department of Justice shall make available to the public via the Internet Web site his or her names and known aliases, a photograph, a physical description, including gender and race, date of birth, criminal history, the address at which the person resides, and any other information that the Department of Justice deems relevant, but not the information excluded pursuant to subdivision (a) . (2) This subdivision shall apply to the following offenses: (A) Subdivision (b) of Section 207. (B) Subdivision (b) of Section 209, except kidnapping to commit robbery. (C) Paragraph (2) or (6) of subdivision (a) of Section 261. (D) Section 264.1. (E) Section 269. (F) Subdivision (c) or (d) of Section 286. (G) Subdivision (a), (b), or (c) of Section 288, provided that the offense is a felony. (H) Subdivision (c) or (d) of Section 288a. (I) Section 288.5. (J) Subdivision (a) or (j) of Section 289. (3) This subdivision shall also apply to any person who has ever been adjudicated a sexually violent predator as defined in Section 6600 of ~he Welfare and Institutions Code. (c) (1) On or before July I, 2005, with respect to a person who has been convicted of the commission or the attempted commission of any of the offenses listed in paragraph (2) or the statutory predecessors of any of these offenses, or any offense which, ,if committed or attempted to be committed in this state, would have been punishable as one or more of the offenses listed in this subdivision, the Department of Justice shall make available to the public via the ~nternet Web site his or her names and known aliases, a photograph, a physical description, including gender and race, date of birth, criminal history, the community of residence and ZIP Code in which the person resides, and any other information that the http://www.leginfo.ca.gov/publbill/asm/ab_040l-0450/ab_438_ bill_ 20050413 _amended_a... 8/30/2005 .2..'2 -) Atl 4.5(:) ASSemOlY 1:)111 - f-\.iYll:.1"'iULU ~ ......þ'" oJ '-'A , DeDartment of Justice deems relevant, but not the information ex~luded pursuant to subdivision (a). however, the address at which the person resides shall not be disclosed until a determination is made that the person is, by virtue of his or her additional prior or subsequent conviction of an offense listed in paragraph (2) of subdivision (a) of Section 290, subject to this subdivision. On or before July 1, 2006, the Department of Justice shall determine whether any person convicted of an offense listed in paragraph (2) also has one or more prior or subsequent convictions of an offense listed in paragraph (2) of subdivision (a) of Section 290, and, for those persons, the Department of Justice shall make available to the public via the Internet Web site the address at which the person resides. (2) This subdivision shall apply provided that the person has one or convictions of an offense listed in of Section 290: (A) Section 220, except assault to commit mayhem. (B) Paragraph (1), (3), or (4) of subdivision la) of Section 261. to the following offenses, more prior or subsequent paragraph (2) of subdivision (a) (C) Paragraph (2) of subdivision (b), or subdivision (f), (g), or (i), of Section 286. (D) Paragraph (2) of subdivision (b), or subdivision (f), (g), or (i), of Section 288a. (E) Subdivision (b), (d), (e), or (i) of Section 289. (d) (1) On or before July 1, 2005, with respect to a person who has been convicted of the commission or the attempted commission of any of the offenses listed in this subdivision or the statutory predecessors of any of these offenses, or of any offense which, if committed or attempted to be committed in this state, would have been punishable as one or more of the offenses listed in this subdivision, the Department of Justice shall make available to the public via the Internet Web site his or her names and known aliases, a photograph, a physical description, including gender and race, date of birth, criminal history, the community of residence and ZIP Code in which the person resides, and any other information that the Department of Justice deems relevant, but not the information excluded pursuant to subdivision (a) or the address at which the person resides. (2) This subdivision shall apply to the following offenses: (A) Section 220, except assault to commit mayhem, with no prior or subsequent conviction of an offense listed in paragraph (2) of subdivision (a) of Section 290. (B) Subdivision (a) of Section 243.4, provided that the offense is a felony. (C) Paragraph (1), (3), or (4) of subdivision (a) of Section 261, with no prior or subsequent conviction of an offense listed in paragraph (2) of subdivision (a) of Section 290. (D) Section 266, provided that the offense is a felony. (E) Section 266c, provided that the offense is a felony. IF) Section 266j. (G) Section 267. (H) Paragraph (2) of subdivision (b), or subdivision (f), (g), or (i), of Section 286, with no prior or subsequent conviction of an offense listed in paragraph (2) of subdivision (a) of Section 290. (I) Subdivision (c) of Section 288, provided that the offense is a misdemeanor. (J) Paragraph (2) of subdivision (b), or subdivision (f), (g), or (i), of Section 288a, with no prior or subsequent conviction of an offense listed in paragraph (2) of subdivision (a) of Section 290. http://W\VW.leginfo.ca.gov/pub/bill/asmlab_0401-0450/ab_438_ bill_ 20050413 _amended_a... 8/30/2005 22--~ An "tJO J-\.;:':~ÇH.1UJY .D1U - r'U\I.l.L..d·U.J.LJ..J - -0- (K) Subdivision (b), (d) , Ie), or Iii oÍ Section , , offense listed 289, with no in paragraph :2\ prior or subsequent conviction of an of subdivision (a) of Section 290. (L) Section 647.6. (e) (1) If a person has been convicted of the commission or the attempted commission of any of the offenses listed in this subdivision or the statutory predecessors of any of these offenses, or of any offense which, if committed or attempted to be committed in this state, would have been punishable as one or more of the offenses listed in this subdivision, and he or she has been convicted of no other offense listed in subdivision (b), (c), or (d) other than those listed in this subdivision, that person may file an application for exclusion from the Internet Web site with the Department of Justice. If the department determines that the person meets the requirements of this subdivision, the department shall grant the exclusion and no information concerning him or her shall be made available via the Internet Web site described in this section. He or she bears the burden of proving the facts that make him or her eligible for exclusion from the Internet Web site. However, a person who has filed for or been granted an exclusion from the Internet Web site is not relieved of his or her duty to register as a sex offender pursuant to Section 290 nor from any otherwise applicable provision of law. (2) This subdivision shall apply to the following offenses: (A) A felony violation of subdivision (a) of Section 243.4. (B) Section 647.6, provided the offense is a misdemeanor. (C) An offense listed in subdivision (b), (c), or (d) if the offender is eligible for, granted, and successfully completes probation pursuant to Section 1203.066 of the Penal Code. If) The Department of Justice shall make a reasonable effort to provide notification to persons who have been convicted of the commission or attempted commission of an offense specified in subdivision (b), (c), or (d), that on or before July I, 2005, the department is required to make information about him or her available to the public via an Internet Web site as specified in this section. The Department of Justice shall also make a reasonable effort to provide notice that he or she may be eligible for exclusion from the Internet Web site if he or she may have been convicted of an offense for which exclusion is available pursuant. to subdivision (e). (g) Notwithstanding Section 6254.5 of the Government Code, disclosure of information pursuant to this section is not a waiver of exemptions under Chapter 3.5 (commencing with Section 6250) of Title 1 of Division 7 of the Government Code and does not affect other statutory restrictions on disclosure in other situations. (h) (1) Any person who uses information disclosed pursuant to the Internet Web site to commit a misdemeanor shall be subject to, in addition to any other penalty or fine imposed, a fine of not less than ten thousand dollars ($10,000) and not more than fifty thousand dollars ($50,000). (2) Any person who uses information disclosed pursuant to the Internet Web site to commit a felony shall be punished, in addition and consecutive to any other punishment, by a five-year term of imprisonment in the state prison. (i) Any person who is required to register pursuant to Section 290 who enters the Web site is punishable by a fine not exceeding one thousand dollars ($1,000), imprisonment in a county jail for a period not to exceed six months, or by both that fine and imprisonment. (j) (1) A person is authorized to use information disclosed pursuant to this section only to protect a person at risk. (2) (A) Based upon the information http://www.leginfo.ca.gov/publbill/asm/ab_040l-0450/ab_438 _ bill_20050413 _amended_a... 8/30/2005 21~7 An "+Jð J-\.SSt:li1UiY DIll - rUVH::'j'''I1.Il~.u disclosed pursuant to this section, a lessor or an agent of a lessor of residential real property may, but is not required to, refuse to provide housing to or evict a sex offender whose residence address must be made available to the public pursuant to this section. Based ~Don the information disclosed pursuant to this section, a lessor or an agent of the lesso r of residential real property may, but is not required to, inform other residents that a person whose residence address must be made available to the public pursuant to this section also resides in the residential real property. (E) However, nothing in subparagraph (A) shall be construed to do any of the following: (i) Diminish in any way any power or right that any person, including, but not limited to, any service provider or lessor of residential real property, may have, pursuant to paragraph (1) of subdivision (j) of this section, to use information disclosed pursuant to this section to protect a person at risk from a an individual who is required to register as a sex offender pursuant to Section 290, including those persons who whose residence address is not made available to the public pursuant to this section. (ii) Diminish in any way any power or right that any person, including, but not limited to, any service provider or lessor of residential real property, may have, pursuant to this section, or any other provision of statutory or decisional law to deny services, housing, privileges, benefits, or otherwise discriminate against persons who are required to register pursuant to this section, including those persons whose address of residence is not made available to the public pursuant to this section. (3) Except as authorized under paragraph (1) or (2), or any other provision of law, use of any information that is disclosed pursuant to this section for purposes relating to any of the following is prohibited: (A) Health insurance. (B) Insurance. (C) Loans. ( 0) Credit. (E) Employment. (F) Education, scholarships, or fellowships. (G) Housing or accommodations. (H) Benefits, privileges, or services provided by any business establishment. : 7; (4) This section shall not affect authorized access to, or use of, information pursuant to, among other provisions, Sections 11105 and 11105.3, Section 8808 of the Family Code, Sections 777.5 and 14409.2 of the Financial Code, Sections 1522.01 and 1596.871 of the Health and Safety Code, and Section 432.7 of the Labor Code. ~ 1 ; (5) This section shall not be construed to make a persons who is required to register as a sex offender pursuant to Section 290 a member of a protected class or to make registered sex offenders a protected class under any provision of statutory or decisional law, nor shall it be construed to otherwise confer any right or privilege on any person that is required to register as a sex offender pursuant to Section 290. (6) (A) Any this section for 1?~r213~7rh .'1 \ :::-r use of information disclosed pursuant purposes other than those provided by iR ..~~l~';"'i:::-"" ~f f?r211r21r!;¡ ~:d; to ~ uõ..... -' V'~ , http://w~w.leginfo.ca.gov/publbill/asmlab _040 ¡ -0450/ab _438_ bill_20050413 _amended_a... 8/30/2005 lL-~ At! 4j/\ AssemOlY t!ll! - A1VlJ:Ol~lJtlJ paragraph (1) or (2) r or in violation of paragraph (3) shall make the user liable for the actual damages, and any amount that may be determined by a jury or a court sitting without a jury, not exceeding three times the amount of actual damage, and not less than two hundred fifty dollars ($250), and attorney's fees, exemplary damages, or a civil penalty not exceeding twenty-five thousand dollars ($25,000). (8) Whenever there is reasonable cause ~o believe that any oerson or group of persons is engaged in a pattern or practice of misuse of the information available via the Internet Web site in violation of paragraph ~ (3) , the Attorney General, any district attorney, or city attorney, or any person aggrieved by the misuse is authorized to bring a civil action in the appropriate court requesting preventive relief, including an application for a permanent or temporary injunction, restraining order, or other order against the person or group of persons responsible for the pattern or practice of misuse. The foregoing remedies shall be independent of any other remedies or procedures that may be available to an aggrieved party under other provisions of law, including Part 2 (commencing with Section 43) of Division 1 of the Civil Code. ~1,) TÞ¡-;; ?-;:r?~tm9FJ'= '?f :"£,=i99 §R:all T9:at9 ,¡...j;qg r'~2]g ',?i -:-:- ':'\;]9¡q ?rr--fri~-:-:- -:- ~~rr?~-: -:~-:- -~~---- ?f ? --:-3~-'¡"'-~~~ ~~~: ?~ç-;:-~~- "itÞ~~ ~º d2:'~ Q~ _~~giTTjR1 ~9~~~~ fr2rn ~ rQ~~~~~'¡"'~-l ;r9PQrt7 Q"~çr. ?Pl ? '¡:-:-r:m :af? m:a:' Þ-:- 9gt:9FmiFJ'.2";? 1ç::' ",="_1q-:- '3.@F:ar"tm?~"=, ~~?,¡... :~? r?3ie"=--g~ §?:: -:-ff-:--~~- FJ? 1?FJ3~r -~~'~@g ~t "=1q~ ?¿¿-~~~ li~'¡"'2~ ~R tR'g I,1QJ; &'1 t9 (k) Local law enforcement agencies shall update the sex offender database and seek to verify whether a registered sex offender no longer resides at the address listed on the Web site within a reasonable time after receiving a written notice indicating that the registered sex offender no longer resides at the address from the current owner of the residential real property that is listed on the Web site as the home address of the registered sex offender. (1) On or before July 1, 2006, and every year thereafter, the Department of Justice shall make a report to the Legislature concerning the operation of this section. (m) The Department of Justice and its employees shall be immune from liability for good faith conduct under this section. (n) Other than the duty to provide a notice in every lease or rental agreement for residential real property and every contract for sale of residential real property pursuant to Section 2079.10a of the Civil Code, a lessor, seller, or broker of residential real property has no duty to inquire, investiga"te, or disclose any information regarding a person who is required ro register as a sex offender pursuant to this section. Notwithstanding this section nor any other provision of law, a lessor of residential real property has no duty to evict, deny housing, to, or to otherwise discriminate against a person because that person is required to register pursuant to Section 290. {oj The provisions of this section are severable. If any provision of this section or its application is held invalid, that invalidity shall not affect other provisions or applications that can be given effect without the invalid provision or application. SEC. 2. If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code. I Q.l:'ç V VI I http://www.leginfo.ca.gov/publbill/asmlab_0401-0450/ab_43 8_ bill_ 20050413 _amended_a... 8/30/2005 .v..-4 AB 438 Assembly Bill- AMENDED Page 701"7 http://www.leginfo.ca.gov/publbilllasmJab_040l-0450/ab_438 _ bill_ 20050413 _amended_a... 8/30/2005 2J- -/Ó OFFICE OF THE CITY ATTORNEY 204 I 0 Town Center Lane, Suite 2 I 0 Cupertino, CA 95014-3255 Telephone: (408) 777-3403 FAX: (408) 777-3401 Charles T. Kilian, City Attorney Eileen H. Murray, Assistant City Attorney August 24, 2005 Honorable Mayor and Members of the City Council City of Cupertino 10300 Torre Avenue Cupertino, CA 95014 Re: Appeal of David and Margaret Critzer Dear Mayor and City Council: Backaround Mr. and Mrs. Critzer reside at 20282 Northcove Square, Cupertino. This unit is part of the Northpoint development and the owners are members of the Northpoint Homeowners Association. In 2004, the Critzer's neighbor in the development, Jerry Enos, installed a clear glass bathroom window in his unit where previously there was a solid wall. The installation was previously approved by the Northpoint Homeowners Association's Design Review Committee. Mr. Enos was issued a permit for installation by the city. Prior to the issuance of the permit, the city received a letter from the homeowner's association approving the project. The city conducted no independent inspection, prior to the installation but rather relied on the homeowner's association approval. The Critzer's claim that the installed window provides a direct, unobstructed view through the window into the Critzer's living room and backyard in violation of the city's municipal code sections regarding privacy intrusion. Upon receiving the Critzer's complaint, staff conducted an inspection of the premises and determined that the window as installed created privacy impacts 2-3-1 PrinfPrl on ~",,,,,,,,I,,,.-i D~___ The Honorable Mayor and Members of the City Council August 24, 2005 Page 2 for the Critzers and suggested that the Critzers, Mr. Enos, and the homeowners association attempt to improve the situation. City staff also offered to be of assistance in an attempt to work out the problem. In early 2005, the city arranged for a mediation process to resolve the problem through Project Sentinal. For a variety of reasons, the mediation was unsuccessful. The Critzers thereafter requested that the city take further action. The Director of Community Development responded to the Critzers request by letter dated April 24, 2005 stating his position that the issuance of the permit by the city was discretionary and that the city relied upon the letter approved from the homeowner's association. The Director also stated that he believed that the homeowners offer to pay for installation of obscure glass in the window was a reasonable compromise and that the city intended to take no further action. The Critzers appealed this decision to the City Manager who appointed Ralph Qualls as a hearing officer to hear the appeal. Prior to any hearing on the matter, it was discovered that several months prior to the appeal, the Critzers had instituted a legal action against Mr. Enos and the Northpoint Homeowners Association seeking an injunction and damages regarding the window. Upon hearing this, Mr. Qualls elected to dismiss the appeal without prejudice to the Critzers to renew the appeal after the lawsuit was completed. It was thought at the time that the lawsuit would resolve the problem without further city involvement. The Critzers, however, appealed Mr. Qualls' decision. Thereafter, our office received information from the Critzer's attomey that the Court case was delayed in order to allow the Critzers to exhaust their administrative remedies with the City. I have attached the relevant correspondence which corroborates in more detail the above-described facts. Recommendation The City Council should not hear the merits of this appeal at this time because the merits have not been addressed in the City Manager's appeal hearing before Mr. Qualls. It also appears that the court will not attempt to resolve this issue until the city has made a final determination. Our office therefore recommends that the Council refer this matter back to the City Manager for further hearings on the merits. As an aside, I should note that Mr. Enos sold his unit in August to Mr. Darien Tung. 23-2- The Honorable Mayor and Members of the City Council August 24, 2005 Page 3 Charles T. Kilian City Attorney CTKldjb Ene. cc: Dave Knapp 13-3 CITY OF CUPEIQ1NO OFFICE OF THE CITY ATTORNEY 20410 Town Center Lane, Suite 210 Cupertino, CA 95014-3255 Telephone: (408) 777-3403 FAX: (408) 777-3401 Charles T. Kilian, City Attorney Eileen H. Murray, Assistant City Attorney August 9, 2005 Mr. Darien Tung 20272 Northcove Square Cupertino, CA 95014 Re: Appeal of David and Margaret Critzer Dear Mr. Tung: Your predecessor in interest to your home at 20272 Northcove Square, Cupertino, Jerry Enos, informed this office that you had purchased this property on or about August 2, 2005. As you may be aware, there has been an ongoing controversy between your neighbors, Mr. and Mrs. David Critzer and Mr. Enos concerning the existence of a bathroom window which was constructed by Mr. Enos. There is a pending lawsuit filed by Mr. and Mrs. Critzer against Mr. Enos, a copy of which I have attached to this letter. You may ultimately become an additional defendant. The Critzers have also petitioned the City of Cupertino to require removal of the window. An appeal to the City Council contesting the City Manager's denial of the Critzer's request is scheduled for the City Council meeting of September 6, 2005 at 6:45 p.m. at City Council Chambers, Community Hall, 1 0300 Torre Avenue, Cupertino. If you wish to review the documents related to the appeal, you may do so by contacting the city's Planning Department at (408) 777-3200. 23~l.{ If you have any questions, please do not hesitate to call. Charles T. Kilian City Attorney CTKldjb cc: Dave Knapp Ralph Qualls Steve Piasecki Steven M. White, Esq. bee: Kim Smith Linda lDgergren 13~) ELLER & ASSOCIATES ATTORNEYS AT LAW 60 SOUTH MARKET STREET, SUITE 1201 SAN JOSE, CALIFORNIA 95 I I 3-235 I TELEPHONE: (408) 299.{)180 FACSIMILE: (408) 271'{)754 jelleresq@aol.com August 5, 2005 Charles T. Kilian City Attorney 20410 Town Center Lane, Suite 2iO Cupertino, CA 95014-3255 Re: Appeal of David and Margaret Critzer Dear Mr. Kilian: I am in receipt of your letter dated August 2, 2005, regarding the above- referenced appeal. In response to your request that we provide you with a copy of the court's written order regarding any postponement of Critzer v. Enos, et al. (Case No. 1- 05-CV -034156, Santa Clara County Superior Court), please be advised that, at the conference held in that lawsuit on July 19,2005, we told the court that the Critzers were pursuing administrative remedies before the City of Cupertino that we anticipated would be concluded within the next sixty (60) days or so, and asked the court to schedule the next case management conference after that time had passed. In response to our request, the court stated that it would set the matter for a further case management conference on October 18, 2005. We do not yet have anything in writing from the court setting that conference date, but we will be happy to forward to you a copy of the court's notice once we receive it. 14342 2J-~ CITY OF CUPEIQ1NO OFFICE OF THE CITY ATTORNEY 20410 Town Center Lane, Suite 210 Cupertino, CA 95014-3255 Telephone: (408) 777-3403 FAX: (408) 777-3401 Charles T. Kilian, City Attorney Eileen H. Murray, Assistant City Attorney August2,2005 James J. Eller, Esq. Eller & Associates 60 South Market Street, Suite 1201 San Jose, CA 95113-2351 Re: Appeal of David and Margaret Critzer Dear Mr. Eller: I am in receipt of your letter to the City Council dated July 27, 2005. In the letter you indicated that the Superior Court in Critzer v. Enos et al (Sup Ct #1 05CV034156 filed January 19, 2005) had ·postponed further action in that lawsuit until after the anticipated date of the hearing of this appeaL..". In order to properly advise the City Council, I respectfully request that you provide a copy of the court's written order regarding any postponement of the case which would substantiate your statement Thank you for your consideration in this matter. Charles T. Kilian City Attorney CTKldjb cc: Dave Knapp Ralph Qualls Jerry Enos Northpoint Homeowners Association Steven M. White, Esq. Á-3-t ELLER & ASSOCIATES AITORNEYSATLAW 60 SOUTH MARKET STREET, SUITE 1201 SAN JOSE, CALIFORNIA 95113-2351 TELEPHONE: (408) 299-0180 FACSIMILE: (408) 271-0754 jelleresq@aoI.com July 27, 2005 Cupertino City Council City of Cupertino 10300 Torre Avenue Cupertino, CA 95014 Re: Appellants: David and Margaret Critzer Installation of window at 20272 Northcove Square Appeal of City Manager's determination to dismiss appeal Dear Members of the Cupertino City Council: This letter is submitted to you on behalf of the Appellants, David and Margaret Critzer (the "Critzers" or "Appellants"), in support of their appeal of the determination by the City Manager to dismiss their appeal with respect to the installation of a second story master bathroom window (the "Window") by Jerry Enos ("Enos") at his home at 20272 Northcove Square in February 2004. The Critzers are taking this action because Enos now has a direct, unobstructed view through the Window into the Critzers' living room and backyard located at 20282 Northcove Square, next door to Enos's home, in violation of Sections 19.44.060 and 19.44.080 of the Cupertino Municipal Code (the "Code"). As a preliminary matter, please note that this appeal is submitted with respect to the Director of Community Development's initial decision to take no further action upon the Critzers' claims (the "Director's Decision''), as well as the determination by the City Manager to dismiss the Critzers' appeal of the Director's Decision (the "City Manager's Dismissal"). I By this appeal, the Critzers request that the City Council direct City staff to revoke or amend the existing building permit issued for the construction of the Window in order to require that Enos either remove the Window or modify it so as to completely and permanently eliminate any view from the Window into the Critzers' home. In the alternative, the Critzers request that the City Council refer this matter back to the City Manager and direct the City Manager to conduct the hearing that was cancelled when the City Manager made his determination to dismiss the appeal without prejudice to permit I The Critzers' appeal is being submitted without the filing fee required for appeals from decisions of the Director of Community Development and Planning Commission, in reliance on information given by the City Clerk; a copy of the City Clerk's email advising there would be no appeal fee in this case is attached to the cover sheet. The Critzers previously paid an appeal fee with their appeal of the Director's Decision. ÁJ-! Cupertino City Council City of Cupertino July 27,2005 Page 2 the Critzers' civil lawsuit to proceed, in order that the parties may have the opportunity to attempt to resolve their issues through the City's administrative review process. 1. Factual Background The facts of this dispute are set forth in the Critzers' appeal of the Director's Decision, a copy of which is attached hereto and incorporated herein by reference as Exhibit A. Those facts will not be reiterated in detail here; for ease of reference, a timeline of significant events relevant to this appeal is attached hereto and incorporated herein by reference as Exhibit B. 2. Appeal of the Director's Decision With regard to their appeal of the Director's Decision to take no further action upon their claims, the Critzers believe that the City must act to compel Enos to remove or otherwise render opaque and unopenable the Window in order to (a) enforce the applicable provisions of the City's Municipal Code that have been violated by Enos's installation of the Window, and (b) remedy the failure of North point Homeowners Association ("HOA") to employ a legally adequate architectura1 control process in approving Enos's installation of the Window. The Critzers' position has previously been set forth in detail in Exhibit A. their appeal of the Director of Community Development's decision to take no further action upon their claims. We invite you to review the Critzers' appeal, and shall not repeat in detail in this letter the arguments set forth therein. Rather, we ask that the City Council take note of the following: (a) With the installation of the Window, Enos's house now has a view directly through the entire depth of the living area of the Critzers' home and into the Critzers' private back yard. (b) The Window violates applicable Code provisions and is not allowed to be installed under either the Code or HOA's CC&Rs. Section 14.44.060 of the Code precludes visual intrusion into private outdoor yards and interior spaces in the RlC zone, where the Critzers' and Enos's homes are located, and Section 19.44.080 of the Code states that no structure may be altered in a manner that would violate the zoning provisions for the RlC zone.2 Pursuant to Section 11.01 ofHOA's CC&Rs, restrictions imposed by the City, including the above-referenced Code provisions, are applicable to 2 In his letter to the City Manager dated July 7, 2005, HOA's counsel states that Chapter 19.44 of the City's Municipal Code does not apply here because that chapter does not relate to planned developments or multi- family residential zones. That statement is in error; City staff has identified the zone where the Critzers' and Enos's homes are located as RIC. 13-~ tino City Council of Cupertino ,y 27,2005 .'age 3 the Northpoint development. A copy of the relevant provisions ofHOA's CC&Rs are attached hereto and incorporated by reference as Exhibit C. (c) HOA approved the installation of the Window without giving adequate notice to the Critzers. While counsel for HOA contends in his letter to the City Manager dated July 7, 2005, that the Critzers were afforded proper notice of Enos's application to install the Window, that position is legally defective. HOA's counsel states that HOA's CC&Rs do not require that individual notice be sent to homeowners when HOA's board considers recommendations from its Architectural Committee, which reviews all homeowners' applications to modify their homes. Because HOA takes up those recommendations at every "regularly noticed meeting" of the board,3 HOA's counsel claims that the Critzers were given notice of Enos's application. These procedures are inadequate in this situation, however, because consideration and approval by HOA's board of an application for a nonconforming use such as the Window (see (b), supra) requires that HOA's board provide all affected homeowners with specific notice of such a request. See, Cohen v. Kite Hill Community Assn. (1983) 142 Cal. App. 3d 642, 652, 654 (approval of a nonconforming structure by a homeowners association "is analogous to the administrative award of a zoning variance," which requires a public hearing with notice to affected persons, and a decision to approve such a structure "must be 'in keeping with the general plan for the improvement and development of the Project,' and of course, must be made in good faith and not arbitrary. "). Both HOA' s CC&Rs and Bylaws fail to provide for this type of notice to be sent to affected homeowners under these circumstances; copies of relevant provisions of the CC&Rs and Bylaws are attached hereto and incorporated herein by reference as Exhibit C and Exhibit D. respectively. (d) In view of the fact that the Window's approval and installation violates the Code, the Window constitutes a public nuisance under Sections 1.09.030 and 1.09.180 of the Code. As such, the City may require that the Window be removed, even though the City has already issued a permit for its installation. See, o 'Hagen v. Board of Zoning Adjustment (1971) 19 Cal. App. 3d 151, 158. (e) The City, by and through its administrative officers, has a duty to enforce the Code. See, Taliaferro v. Wampler (1954) 127 Cal. App. 2d 306,309. The City's obligation to enforce the Code is thus not mitigated, vitiated or excused by relying on HOA's procedures for considering and approving homeowners' applications to modify their homes. 3 As noted in the Critzers' appeal, the only notice given ofHOA board meetings is a calendar item in the HOA newsletter, which does not include any agenda of Architectural Committee recommendations to be taken up by HOA's board. 2- ., -tD Cupertino City Council City of Cupertino July 27,2005 Page 4 Based on the foregoing, the Critzers' position is that the City must require Enos to remove the Window or otherwise render the Window fixed and non-transparent in order to eliminate any possible view from the Window into the Critzers' home. 3. Appeal of the City Manager's Dismissal With regard to their appeal of the City Manager's determination to dismiss their appeal on the ground that the Critzers have filed a civil suit against Enos and HOA, it is the Critzers' position that this administrative process, rather than the courts, is the most appropriate forum for the resolution of this dispute because of the City's unique position to enforce the Code. See 2(e), supra. The Cri1zers have been attempting in good faith to resolve this dispute through these administrative processes,4 and only filed their civil suit in order to protect their rights.s At the Critzers' request, the Santa Clara County Superior Court has postponed further action in that lawsuit until after the anticipated date of the hearing of this appeal in order to allow this appeal to proceed to a resolution. In the event the City Council will not act upon the Critzers' appeal, in the alternative, the Critzers ask that this matter be referred back to the City Manager to allow the hearing that had been cancelled to proceed, before the court takes any action with regard to this matter. 4. Conclusion Based on the foregoing, it is the Critzers' position that the City Council must either direct City staff to revoke or amend the existing building permit issued for the construction of the Window in order to require that Enos either remove the Window or modify it so as to completely and permanently eliminate any view from the Window into the Critzers' home, or refer this matter back to the City Manager to conduct a hearing in order that the parties may have the opportunity to attempt to resolve these issues through the City's administrative review process. Thank you for your attention to this matter. · Contrary to the claim made by HOA's counsel in his letter of July 7, the Critzers did not breach the Confidentiality Agreement entered into by the parties in connection with the mediation held on January 19, 2005, by making reference to matters discussed during the mediation. Under its tenus, the Confidentiality Agreement provides only that the proceedings of the mediation could not be used in civil court; as such, these matters could in fact be discussed during the City's administrative review process. , In his letter of July 7, HONs counsel claimed that HOA was unaware that the civil suit had been filed until just prior to the date of that letter. This statement is untrue, as HOA had been served with the complaint well before that letter and HOA's counsel had contacted counsel for the Critzers to discuss the lawsuit shortly after the HOA was served. 2-3-( [ City of Cupertino 10300 Torre Avenue Cupertino, CA 95014 (408) 777-3223 CUPEIQ1NO APPEAL I. Application No. N/A (Re: Window installation at 20272 Northcove So.) 2. Applicant(s) Name: See below (same as Appellants) 3. Appellant(s) Name: David and Margaret Critzer, by James J. Eller. ESQ. Eller & Associates 60 S. Market Street. Suite 1201 San Jose, CA 95113 (408) 299-0180. fax (408) 271-0754 Address Phone Number Email iellereso(a).aol.com 4. Please check one: . Appeal a decision of Director of Community Development Appeal a decision of Planning Commission 'f Appeal a decision of the City Manager 5. Date of determination of Director or mailing of notice of City decision: July 13,2005 6. Basis of appeal: See attached letter from Eller & Associates. Eller & Signature(s) Please complete , inc e appeal fee of$145.00, and return to the attention of the City Clerk, 10300 Torre Avenue, Cupertino, (408) 777-3223. [Appeal fee not applicable per email from Kimberly Smith dated July 19, 2005 attached hereto.) l)-(.:L- Y.moo! Mail- dsgonzale6@yr'''''0.com Page 1 of 1 YJlHootMAIL Print - Close Window Subject: appeal fee for appeal re 20292 Northcoast Square Date: Tue, 19 Jul 2005 15:50:47 -0700 From: "Kimberly Smith" <Kimberlys@cupertino.org> To: dsgonzale6@yahoo.com Hello Mr. Gonzales, There is no appeal fee in this case. Kimberly Smith Cupertino City Clerk (408) 777-3217 kimberlvs@cupertino.ora > > > > > > > > Hello Mr. Gonzales, > > Here is the appeal form you requested (see attached). > > . « File: Appeal fo~.doc » > Someone from my office will contact you in the next day or so to let you know if there is an appeal fee for appealing the decision of the City Manager. > > > > > > -----Original Message----- From: Kimberly Smith Sent: Tuesday, July 19, 2005 3:39 PM To: 'dsqonzale6@vahoo.com' Subject: appeal form re 20292 Northcoast Square Kimberly 8m! th Cupertino City Clerk (408) 777-3217 kimberlvs@cuÐertino.ora 2- J -{ 3 httn://us..fSl R.mRil v~hnn r.nm/vm/~hnwT .P:ffPT?h('\v=rri+'7.......P..~A".........TA..,...O,OO O~O~~l 'J 'J 1 IV.., ""''''n/'''nn~ City of Cupertino 10300 Torre Avenue Cupertino, CA 95014 (408) 777-3223 CUPEI\TINO APPEAL I. Application No. 2. Applicant(s): 4. v( Qntzev :20!1~ No~ c.W>erhno, Of! Cf6l)1 4oè-C¡13- I(~Ll rnW~¡::PM~.ChM Plg¡se check one: ~ Appeal a decision of Director of Community Development o Appeal a decision of Planning Commission AppeUant(s): name, address, ph~ne number, and email 3. 5. Ap¡{tl 27-t"1-¡ I 2CDb Date of determination of Director or mailing of notice of City decision: 6. Basis of appeal: Se¿ f+~ Signature(s) -"" \! Please complete form, . elude appeal fee of$145.00, and return to City Clerk, 10300 Torre Avenue, Cupertino, (408) 777-3223. Exhibit A 7-..3-(l{ David and Margaret Critzer 20282 Northcove Square Cupertino, CA 95014 Jowei Chen 20292 Northcove Square Cupertino, CA 95014 May 10, 2005 Mr. David Knapp City Manager City of Cupertino . 10300 Torre Avenue Cupertino, CA 95014 Dear Mr. Knapp, We are writing to request a meeting with you to appeal the decision of Cupertino's Director of Community Development, Mr. Steve Piasecki, in the atta¢hed letter postmarked April 27, 2005 (Attachment A) and received by us on April 28, 2005. Mr. Piasecki states in the letter that the City will have no further involvement in the matter of a second story master bathroom window1 installed in a previously windowless wall of the townhouse neighboring and directly east of our home in the Northpoint townhouse development The second story window was installed in the townhouse belort/ing to Mr. Jerry Enos at 20272 Northcove Square. The window was installed with no advance notice to us, and is a nuisance that violates Cupertino Municipal Code TItle 19. Additionally, Mr. Piasecki states that the Northpoint Homeowners' Associations' offer to pay up to $200 to replace the glass in Mr. Enos' window with obscure glass is "an acceptable compromise". We disagree and that is the reason we contacted the City to begin with. We contacted the City Attorney last September, asking him to investigate the window installation because it violates RIC code (see attached letter from Ber1ner Cohen dated 9-28-04 - Attachment B). The installed window contains transparent glass, slides open for ventilation, and is installed so that the entire dimensions of the window are at a height directly above the top of our backyard privacy fence. The window is in a direct alignment wifh our rear IMng room windows (Mr. Enos himself has stated the window is "dead on"), and affords Mr. Enos a clear view through the entire depth of our previously private living space and backyard from the master bathroom of his residence. Despite Mr. Enos' aSsertion ear1y on that he "cannot see us", shortly after the installation of the window, Mr. Enos returned 1 This is the only master bathroom window in 416 units. 2.'3-!) · Page 2 May 10, 2005 a wave from Margaret Critzer as she was standing in her living room. It is not possible to prevent the visual intrusion with landscaping because the line of sight of the window is directly over our fence gate and there is a concrete walkway under the gate. The Northpoint development is zoned RIC on the Cupertino zoning map. Cupertino Municipal Code section 19.44.060 (Chapter 19.44 - Residential Cluster Zonesþ states: "the relationship between adjoining units shall be arranged in such a manner so as to preclude visual intrusion into private outdoor yards or interior spaces." "Private outdoor space shall be provided for each unit..." Section 19.44.080 states: ". . . no structure shall be hereafter erected, structurally altered or enlarged in a residential cluster zone, otherwise than in conformance with the follOWing provisions. " Additionally, the Cupertino General Plan policies state: "ensure that the site design for a residential project has private indoor and outdoor spaces for each unit..." The window installation violates Cupertino Municipal Code Title 19, and therefore constitutes a nuisance under Cupertino Municipal Code TItle 1. Because of 'the impact on our privacy, and the comfortable enjoyment of our property, it also constitutes a nuisance under California law. Great care was taken in the initial design of the Northpoint development, and extensive common area landscaping was install$d and has been painstakingly maintained in the development for the enjoyment of the residents and to ensure privacy, specifically for the backyards and rear living area windows;, the space now impacted by the window was the private space in our home prior to the window installation. The window installation forces us to choose between accessing daylight, fresh air, and a view of our backyard and the common area landscaping, or keeping our blinds closed at all times to prevent Mr. Enos from viewing into our home. The City has an obligation to enforce municipal code and to cause the window to conform and comply with municipal law. 1.3 -I b . Page 3 May 10, 2005 The window contains two distinct sections of glass and slides open for ventilation. Even if the panes of glass were replaced with obscure glass, it would not afford us any control over when we have privacy and when we do not, as the window cari be opened at any time by Mr. Enos; this concept is clearly expressed in Cupertino's R1 privacy planting ordinance, which states that the only windows exempt from privacy planting afe: · Obscure, unopenable windows · Windows with fixed louvers · Windows with a sill height of 5 ft or higher Thus, the City has clearly codified in R1 zoning the standards for second støry window installations to realize the goals stated in the privacy protection policies of the General Plan, and has codified that an equivalent protection should apply in R1C developments through code section 19.44.060 (i.e., "precludes visual intrusion....''). (The Merriam- Webster online dictionary defll1es "preclude" as "to make impossible by necessary consequence: rule out in advanceì. A sliding openable window clearly does not "preclude visual intrusion". Mr. Piasecki's position that replacing the glass in the existing window is an "acceptable compromise" is also inconsistent with my November 15, 2004 telephone CQnversation with Assistant City Attomey Eileen Murray. Ms. Murray stated that the intent of the November 10, 2004 (Attachment C) letter from Planner Ciddy Wordell to the Northpoint Homeowners' Association was that if obscure glass were installed, it would be non- openable privacy glass; Ms. Murray stated that she asked Ciddy Wordell about this and had told Ms. Wordell that she would see no point in openable privacy glass being installed. . The window was installed with no advance notice to us that the exterior alteration was being considered or had been approved. Although the Northpoint Board cff Directors considered and approved the modification at an open meeting of the Board, no notice that consideration of an alteration that would impact our privacy and the comfortable enjoyment of our home was given to us, and no agenda was posted in advance of the meeting. Under the Brown Act and other provisions of law, advance notice that a modification to property will be considered at an open meeting is required to be provided to City residents possibly impacted by the proposed modification; an agenda of the meeting is required to be posted in advance. The opportunity to provide input only after the approval and installation of a modification does not in any way equate tb advance notice or to the ability of an impacted resident to give advance input prior to a¡ goveming body's consideration of a modification. Shortly after the window was installed, on or about March 9, 2004, Margaret Critzer called the City Building Department and spoke to Sue, who incorrectly told her she could not file a complaint about the window because the City approved it basêd on the 23~IÎ · Page 4 May 10, 2005 Homeowners' Association approval. On May 17, attorney Christian Picone sent a letter to Cupertino Code Enforcement and was also incorrectly informed by Gary Chao of the Planning Department that City zoningi and code enforcement do not apply to RIC zones (Attachment D). . As Mr. Piasecki's letter states, the City arranged a Project Sentinel mediation after the issuance of Ciddy Wordell's November 10, 2004 letter. In attendance were representatives of the City and the Nþrthpòint Homeowners' Association, us¡, and each parties' attorneys. The mediator's opinion was that the only meeting notice we received, which was a monthly event calendar: stating the time and date of the regular monthly Board meeting and with no agenda, was completely inadequate notice of the proposed window installation. An agreement was reached that the Northpoint Board would install an awning window containing obscure glass and with a limited opening capability in Mr. Enos' unit. Mr. Enos did not attend the mediation, so the advance premise of the mediation was to discuss modifications to restore privacy that would not involve his participation. The Northpoint Board suggested the awning window, in preference to proposals we presented that would not involve Mr. Enos' window, and represented that they firmly believed this was a solution requiring Mr. Enos' participation that he would be agreeable to. After the mediation, Mr. Enos refused to accept installation of the awning window, and instead attempted to clandestinely sell his townhouse from an Internet site, not on the multiple listing service and without any "For Sale" signs. This became apparent to Margaret Critzer, while in her living room, as she observed through Mr. Enos' bathroom window that potential buyers were touring his property. At no time during the mediation was there any consideration by the intereste4f parties of placing obscure glass into Mr. Enos' existing window. When we leamed that Mr. Enos would not accept the limited opening awning window, we proposed to the Northpoint Homeowners' Association that they increase the height of our fence in orde ' to restore our privacy, without altering Mr. Enos' window; the Northpoint Homeowners' Association refuses to increase our fence height or to allow us to do so (the Homeowners' Association owns the fence). The City appears to be retreating from its duty to enforce the municipal code, in part because Mr. Enos was issued a building permit by the City for the window. As the building permit states, it does not entitle the holder of the permit to violate municipal code. Therefore, the window installation is not legal even if the builçling permit was obtained through a valid process. Additionally, Mr. Enos stated on the owner-builder verification he signed to obtain the permit, that he or an immediate member of his family would perform the window installation and that the total installed cost of tine window would not exceed $200. It is our belief that Mr. Enos actually used a contractor or workers of some sort to perform the installation, as David Critzer witnessed one of the worke~, ~o ~ere present for. several weeks at Mr. Enos' residence perfbnning an extensIVe mtenor remodel, leaning through the opening cut in the exterior wall of Mr. Enos' unit after the wall was opened and before the window was installed into the Z)-(g · Page 5 May 10, 2005 opening. This was our first indication that the window would be installed. If hi¡! did use a licensed contractor, Mr. Enos was required to provide the contractor's state license number on the pennit application; if the workers were not licensed, the building pennit application states that a worker's compensation Certificate of Insurance needed to be on file at the City of Cupertino Building Department. Additionally, it is our belief that the total cost of the window and installation including the opening of the wall, the stuccö repairing, and the installation and painting of wood trim on the wall would have exceeded $200. The pennit application listed the "occupancy group' as R-3; the Northpoint development is zoned RIC on the Cupertino zoning map. If "occupancy group' detennines which zoning ordinances apply to the subject property, there may be an error on the application, or in the planner's review of the application. These are issUéS the City should investigate and resolve to its satisfaction before it withdraws from 1his matter, based partly or entirely on a belief that Mr. Enos has a valid building permit for the window. Mr. Piasecki stated the City issues building pennits relying on the Homeowners' Association to represent the interests of all parties; the Homeowners' Association clearly did not represent the interests of all parties in this case. The Northpoint Homeowners' Association has not responded to Ciddy Wordell's April 11 letter requesting that the Association contact her and infonn her how they plan to resolve this matter. Eileen Murray infonned me that Northpoinfs attorney stated that the Northpoint Board does not want to increase our fence height because declination by the Board of similar requests from members of the Association may be deemed "arbitrary". This is a ludicrous assertion by the Northpoint Board, given the code violation that the Board has approved and the City's requests for property improvements to restore privacy. The City should not accept this as a reasonable response from the Northpoint Board when the Board will not agree to any other acceptable remedy. We believe Cupertino Municipal Code Title 19 and/or Title 1 give the City the authority to require the Homeowners' Association to increase our fence height. Additionally, we believe Mr. Enos may represent a risk to our personal safety; he is certainly not someone we want viewing into our home at times of his choosilllg from his master bathroom. See Attachment E. It is incumbent upon the City to perfonn its duty to enforce municipal code and require either the Northpoint Homeowners' Association, Mr. Enos, or both parties, to bring the modification into compliance with Cupertino's RIC code and the General Plan policies on privacy, and in a manner that affords us control of our privacy in the previously private indoor and outdoor spaces of our home. The restoration of privacy needs to be accomplished consistent with Cupertino's extensive history of protecting the pñvacy of its residents to afford us equal protection under the municipal code, and consistent with the character of the Northpoint development. At a minimum, possible solutions the City could require are installation of a window with unopenable, obscure glass or fixed louvers; a re~o~struction. of our .fen~ in the manner we proposed to the iNorthpoint Board; or the limited opening awning window agreed to in mediation. 27-¡q . Page 6 May 10, 2005 An openable, sliding window does not achieve a result consistent with the zoning ordinance intent or language, and therefore will not bring the window installation into compliance with municipal code. The City should not vacate its duty to consistently enforce code simply because Mr. Enos obtained a building pennit for his wimdow. The purpose of zoning is to provide predictability conceming the use of neighboring property; to enhance property values and the comfortable enjoyment of property; to minimize nuisances, and to implement community goals as described in the general plan. Those purposes are undennined if the zoning ordinances are not enforced. We look forward to meeting with you to discuss this further. Sincerely, . dß~IIlM".-J/l/~~ ì5~Wd ~~er, ~~~~~ an~~~i Chen cc: Mr. James J. Eller, Ësq. J.-J-2ð ~ ~/zrþ5 ¡j£¿ CUPEfQ1NO April 24, 2005 Mr. David Critzer 20282 Northcove Square Cupertino, California 95014 Dear Mr. Critzer: The City of Cupertino staff issued a building permit for a window adjacent too your property (20272 Northcove Square) in the Northpoint residential development. The permit was issued based on the letter of approval ftom the Northpoint Homeowners Association Design Review Committee. The issuance of a permit such as this is discretionary on the part of the City and we rely on the Homeowners Association to represent the interests of all the homeowners in approving such projects. After the project was completed we were contacted by you and your neighbo~, Jowei Chen, where you expressed your concerns about the privacy impacts of the window. We wrote to the Northpoint Homeowners Association on November 10, 2004 and offered to continue to work with all parties to help resolve the privacy concerns, which we did through the mediation services of Project Sentinel. We wrote to the Homeowners Association on Aprilll, 2005, encouraging thtm to arrive at a solution that met everyone's needs to the greatest extent possible. We al$o offered to coordinate additional mediation if that was desired. Although we have had nØ response ftom the Homeowners Association, we understand that they have offered to pay for the installation of obscure glass in the window. We feel this is an acceptable co~proznise. Therefore, we will not be involved any further in this matter, since our role h$s been to help coordinate communication between the Homeowners Association and ~ property owners. If you are in disagreement with this position, you tnay appeal my de4:ision to the City Manager within ten business days. Seas Director of Community Development G:planninglmiscl20282 Northcove Square 13-21 BERLINER COHEN ATTORNEYS AT LAW SANPORD A. BEIU.lNBR· ANDREW L. PABBR WII.1lAM J. GOINBS'" R.QBERTW. HUMPHREYS RJJ...PHJ.SWANSON PEGGY 1-. SPRINOGA Y IOSBPH B. DWORAK SAMUBLL PARS ALAN·I. PINNBR. FRANK R. UBHAUS LINDA A. CALLON JAMEs P. CASHMAN STEVEN J. CASAD NANCY J. JOHNSON JEROLD A. RBITON ROBBRTLœORTEK JONATHAN D. WOLF' XA1HLBBN K. SIPLE KBVIN F. IŒI.l.BY MAR.K MAKIEWICZ .JEFFREY S. KAUFMAN JOI..lB HOUSTON A PAR.TNER.SHIP INCLUÐ1NG PROFBSSIONAL CORPORATIONS TEN AlMADEN BOULEY ARD EI.BVEN1H FLOOR SAN JOSE, CALIFORNIA 95113-2233 TEU!PHONE: (408) 286-5800 FACSIMJJ..Ec (408) 998-5388 www.be.lliner.oom P AUt. A. PBLOSJ 11IOMAS P. MUR.PH¡'( NADJA V. HOLOB.m . BRIAN L SHBn.BR MICHAEL VI"'-""$ cmJS11AN E. J'lCO~ BILEBN P.IŒNNEÐ,( PfiTBR. BAJOREK HARRY A. LOPEZ JOHN F. DOMlNOlÆÎ SE11i 1. COHEN MONICA B. ÐOROCHOFP CHlU'snNB If. LONG DAVlDD:WADB mOMAS Ii £BBRSOLB -uv Ie. RASSETr LAURA PALAZZOLO AAR.ON M. V AL6NTI SHANNON N. COGAN CLAIRE I.ENCI"", JENNIFBR 1.. GROSSMAN *.... Pdsuiooal Cotpoadoa RETIRED SAWtIBLJ. COHEN September 28, 2004 OFaJUNSBL HUGH L.ISOLA STBVBN' 1.. HA1LGR.lMSON ERIC WONG NANCY 1.. BRAND'I' OIARlBS W. VOf.PB ~OffJCC-Merce4,CA Charles Kilian, Esq. City Attorney City of Cupertino 10320 South DeAnzaBlvd. Ste 1D Cupertino, CA 95014 Re: Critzer/Enos Violation of Municipal Code §§19,44.060 and 19.44.080 20272 Northcove Square, Cupertino, CA 95014 Our File No,: 13772-001 Dear Mr. Kilian: Berliner Cohen represents David and Margaret Critzer. My clients 1eside,at 20282 Northcove Square, Cupertino, CA 95014. Recently their neighbor, Jerry Enos, whose ~s is 20272 Northcove Square, Cupertino, CA 95014, installed a clear glass bathroom window in his unit where previously there was just a solid wall. This window constitutes a visual privacy intrusion, i.e. a nuisance. Mr.iEnos ildded the window to his dwelling in violation of Cupertino's single family cluster zones (!Iq. Mr. Enos did not followed code sections 19.44.060 and 080 when he obtained a ¡permit for the modification. 'The relationship between adjoining units shall be designed in stt:h a manner so as to preclude visual intrusion into.. .interior spaces." My clients had no notice or input in the decision. My clients haye demanded that Mr. Enos remove this window because It yiolates code. Mr. Enos refuses to remoye his window. . My clients attempted to seek regress from the Northpoint Homeowner!! Association it was fruitless. My clients next contacted Code Enforcement and unfortunately ~y were told to close their drapes. Once involYed, I contacted Code Enforcement and was politely informed that \CEPVJ3B9S9.1. 092804-13772001 2 )-22- Charles Kilian, Esq. City Attorney September 28, 2004 city zoning and code enforcement did not apply to RIC zones. I disagree as Title 19 clearly applies to the Northpoint buildings. I request that your office look into this matter to determine whether this 'Window Yiolates Cupertino's Ordinance Code and, if so, require that Mr. Enos remove the window. If you have any questions or would like to discuss this matter, please conflict me. Very truly yours, BERLINER COHEN ~c-2 CHRISTIAN E. PICONE E-Mail: cep@berliner.com CEP:jk Cc: Clients ICEP'ß36959.1 . 092804-13772001 l~ -..23 10300 Torre Avenue Cupertino, Califorrlia 95014 Telephone: (408) 777-3308 FAX. (488)1777 J3JJ COMMUNITY DEVElJOPMENT' CITY OF CUPEI\11NO November 10, 2004 Northpoint Homeowners Association 10880 Northpoint Way . Cupertino, California 95014 Re: 20272 Northcove Square (Property owner Jerry Enos) Dear Homeowners Association: I had intended to send this letter to you last week. Please excuse me if this is the second time I have sent it. It has come to our attention that a second story window was installed at the above address. Ai¡ you are aware, the City consulted with the Northpoint Homeowner1 AsSociation prior to approving a building permit for the window. I visited the area adjacent to the window, and determined that it creates privacy [Problems for property owners west of the window. The city relied on the Homeowners Aåsociation to consult with and represent the interests of all iúfected property owners. We would like to continue to work with the Homeowners Ai¡sociation representatives and the ¡toperty owner, Jerry Enos, to determine options to improve the privacy situation. Imprdwements options could include installing obscure glass or louyers that prevent views out of the window into adjacent properties. Please contact me to determine the best course of action to address this matter. The City can help convene a meeting of interested parties, if there is a need for that, You may reach me at 777-3236. Thank you in advance for your cooperation. Yours truly, t!é--itÚ¡ W~ Ciddy Wordell City Planner Cc: Ierry Enos, 20272 Northcove Square¡, Cupertino, CA 95014 Eileen Murray, Assistant City Attorney G:.ptanning/misc/Northpoint Hom~wners- Associ4tion be.. : D~ ~'\hzG( l]-2L( Printed on Recycled Paper BERLINER COHEN ATTORNEYS AT LAW SANFORD A. BERLINER- ANDREWLFIIBER WIUJ,oW J. GOINES"' ROBERT W. HUMPHREYS RAlPH J. SWANSON PEGGY l. SPRINGGAY JOSEPH Eo DWORAK SAMUEL L. FARe ALAN J. PtNNER FRANK R..UBHAUS LINDA. A. CAllON JAMES p, CASHMAN SlEVEN J. CASAD NANCY J. JOHNSON JEROLD A. REITON ROBERT L CHORTEK JONATHAN D. WOlF KATHLEEN K. SIPLE KEVIN F. KBJ.EY MARK MAKlEWICZ JEFFREY S. KAUFMAN JOLIE HOUSTON A PARTNERSHIP INCLUDING PROFESSIONAL CORPORATIONS TEN ALMADEN BOULEY ARD ELEVENTII FLOOR SAN JOSE, CALIFORNIA 951 13-2233 TELEPHONE: (408) 286-5800 FACSIMILE: (408) 998-5388 www.bertiner.com PAUL A. PELOSI THOMAS P. MURPHY NAOIAV. HOLOBER BRIAN L SHET1.ER MICHA€L VIOLANTI CHR~TlAN E. P~f¿ EILEEN P. KENNEWf PETER BAJOREK HARRY A. LOPEZ .JOHN F. OOMINGUE SETH J. COHEN MONICA B. BORQCHOFF CHRISTINE H. LONG DAVID D. WADE THOMAS E. EBERSOLE llV K. HASSETT AARON M. VALENTI SHANNON N. COGAN JENNIFER t, GROSSMAA OF COUNSEL HUGH L tsOLA STEVEN L HALLGRlMSON ERIC WONG NANCY L. BRANDT CHARLESW. VOLPE -A Professional Carporalion RETiRED SAMUEL J. COHEN Branch Office - Merœd, CA May 17, 2004 City of Cupertino Code Enforcement Department Cupertino City Hall 10300 Torre Avenue Cupertino, CA 95014-3202 Re: CritzerlEnos , Code Violation at 20272 Northcove Square, Cupertino, CA 95014, Our File No.: 13772-001 Dear Madani or Sir: Berliner Cohen represents David and Margaret Critzer. My clients teside at 20282 Northcove Square, Cupertino, CA 95014. Recently their neighbor, Jerry Enos, whose address is 20272 Northcove Square, Cupertino, CA 95014, installed a clear glass slid:ing window in his second story bathroom where there previously was no window. This window is low to the floor and faces the Critzers' family room and kitchen. When the Critzers are in their family room or their kitchen they look directly into Mr. Enos' master bathroom. It is my clien~' understanding that Mr. Enos obtained a permit of an undetermined kind from the City of Cup4\rtino; however, my clientS have not seen a copy of the permit. It is our belief that the location of this window violates Cupertino's code. In addition to causing the Critzers severe emotional distress, the windC\w constitutes a visual privacy.intrusion, i.e. a nuisance. Mr. Enos added the window to his dwelQing in violation of Cupertino's multi-family residential ordinances. The code requires that -.11 multi-family residential designs/modifications must consider and minimize visual privacy Intrusions. My clients have demanded that Mr. Enos remoye this window because it violates code. It is neither a skylight nor high-seated window located near the ceiling for ventilation pw:poses" either of which would prevent my clients from seeing Mr. Enos while he is in the bathroom, or conyersely Mr. ICEP\62J624.2 051504·13772001 LJ~2) City of Cupertino Code Enforcement Department May 17,2004 Enos looking at my clients while he is in his bathroom. The window as it is situG!ted, whether open or shut, presents a full view of the Enos bathroom, and sometimes Mr. Enos h)lbself. The copies of photographs; attached hereto, were taken by my clients from inside their family room windows. Mr. Enos has claimed that he is unable to see the Critzers in their home from the window in his bathroom. To make a point, on one occasion Margaret Critzer waived to Mr. Enos while he was in his bathroom and she was in her family room. Mr. Itnos had the audacity to return my client's waye, despite his previous assertions that he could not see into my clients" family room. As you can see from the photos, my clients are forced to look in to a window where there should be a significant level of privacy. As Margaret Critzelt put it, "Mr. Enos decides when I have privacy." This lack of privacy is a nuisance to the CriìØers and their surrounding neighbors. We respectfully ask that your department determine whether this win40w violates Cupertino's Ordinance Code and, if so, require that Mr. Enos remove the win4ow. In the alternative, should Mr. Enos feel the need for some kind of window, that the City r~uire that the window be replaced with a skylight or ventilation type window that meets code. My clients are very distressed about the present situation and haye requeste/d that I seek immediate legal action. I have informed them that the proper first step is to çOntact your department for action, as it is our underst>!nding that the location of this window viclates code. I would appreciate your immediate review of this matter. If you have any questions or would like to discuss this matter further, please I:Ontact me. Very truly yours, ~ CHRISTIAN E. PICONE E-Mail: cep@berliner.com CEP:jk Enclosure, Cc: Clients Jowei Chen \CEPI623624.2 051504-13772001 ;L 3 .- 2(P - 20272 Northcove Square Window Impact Mr. Enos early on in this situation (before March 9th BOD meeting returns wave to Ms. Critzer. - He can't see us? . March 17th Prior to blinds being installed Ms. Critzer views an at least partially undressed Mr. Enos in his bathroom. April 24th - The Critzers awake to find that Mr. Enos has posted 2 pictures in his newly installed window, one in each half-width window pane. - One is of a kitten, the other of a man of unknown identity making a funny expression. ~ By 1 PM Mr. Enos has removed the pictures from the window . . N '-' , N -l - Window 20272 Northcove Square Impact Memorial Day, 2004, - Mr. Enos intruded onto the Critzers' home twice telling them to leave him and his window alone. At one point, he discussed the "30 degree cone of vision" and ranted that the window was not within the "30 degree cone", but was "DEAD ON". . ~ \.,J \ t" ~ - Window 20272 Northcove Square Impact Memorial Day, 2004, - Later that day, within minutes of Ms. Chen turning on her living room lights (after returning home - with friends), Mr. Enos visited her home and began telling her in front of her guests to leave him alone. · Critzers told Mr. Enos to leave immediately. · Mr. Enos returns and taunts Mr. Critzer. · The Critzers called the police. · Ms. Chen installs a home security system shortly after this . """,' ¡ . ~ \.,.3 1 t-J .....p - 20272 Northcove Square Window Impact June 14,2004, return from an evening walk around 7:50 pm to see Mr. Enos on the other side of his open blinds, he immediately spun around and dropped his arms as ifhe was holding a camera or binoculars. Once he had his back to the window, he quickly closed the blinds. Evening - Critzers had a neighbor over when Mr. Enos began viewing into their home as ifhe was "figuring out" who was in oUI home. - Once we looked in Mr. Enos direction, he quickly closed the blinds. . . ~ ~ G <:::> 20272 Northcove Square Window- Impact · February 24, 2005 - Mr. Critzer sees Mr. Enos riding a bicycle on the street outside the Critzer's home. Several minutes later, Mr. Critzer drives to his place of business, about 1.5 miles away. As he opens the door to exit his car, Mr. Enos rides his bike swiftly by the trunk of Mr. Critzer's car and continues, without looking back at Mr. Critzer or his car, to the far end of the parking lot. Mr. Critzer stands and watches asMr. Enos circles his bicycle at the far end of the lot to look back at Mr. Critzer's car, and rides out of the parking lot when he sees Mr Critzer looking at him. o vJ \ v\) 12/22/03 1/20/04 1/04-2/04 2/24/04 3/04-4/04 4/28/04 5/11/04 5/17/04 , 5/27/04 9/28/04 11110/04 EXHIBIT B APPEAL OF DAVID AND MARGARET CRITZER TIMELINE OF SIGNIFICANT EVENTS Enos files architectural application with HOA to install the Window; no notice of this filing is mailed to the Critzers. HOA approves Enos's application to install the Window at HOA board meeting; no notice of the consideration of Enos's application at the meeting or its approval is mailed to the Critzers. Enos files building permit application with City to install the Window, which City approves; no notice of this filing or its approval is mailed to the Critzers. The Critzers first learn of Enos's Window when they see the Window being installed; the Critzers communicate with onsite manager and HOA president to protest installation of the Wmdow. The Critzers attend HOA meetings to ask HOA to remedy this problem, citing violation of privacy and nuisance, and to request that HOA comply with the City's code requirements. Letter from HOA to the Critzers suggesting binding arbitration Letter from the Critzers' counsel to HOA suggesting nonbinding alternative dispute resolution. Letter from the Critzers' counsel to City Attorney to investigate code violations resulting from the Window's installation. Letter from the Critzers' counsel to Enos and HOA requesting non- binding arbitration pursuant to HOA CC&Rs to resolve this dispute. Enos fails to respond to this request. Letter from the Critzers' counsel to City Attorney stating that the Window violates the Code and asking for investigation and Code enforcement. Letter from City Planner Wordell to HOA noting that City consulted with HOA prior to approving Enos's building permit application and that the Window creates privacy issues, and requesting that the parties work together to achieve a resolution Exhibit B L)-J~ 1/05 1/19/05 3/2/05 3/4/05 3/31/05 4/11/05 4/14/05 4/20/05 4/27/05 5/10/05 The Critzers and HOA participate in City-sponsored mediation, which Enos does not attend, and which produces a compromise between the HOA and the Critzers for the installation of an opaque awning window with limited opening capability to replace the Window. The Critzers file a civil lawsuit against HOA and Enos to preserve their rights against those parties; the Critzers do not inunediately serve HOA and Enos with the lawsuit, and later advise the court that they are not actively prosecuting this lawsuit pending conclusion of City-sponsored mediation and City's administrative processes. Letter from the Critzers to City Attorney advising of Enos's refusal to comply with the compromise produced by the City-sponsored mediation and intention to sell his property, and pointing out Enos's code violations. Letter from the Critzers to Enos informing Enos that they were aware of his efforts to sell his property and his refusal to carry out the compromise produced by the City-sponsored mediation, but that they would continue to pursue a resolution with HOA, the City, and any owner of Enos' property. Letter from the Critzers to City Attorney demanding that City enforce its ordinances with regard to Enos and the Window. Letter from City Planner Wordell to HOA encouraging HOA to arrive at a solution to the Critzers' problem and asking for information on what action HOA will take to resolve the matter. Letter from HOA's counsel to the Critzers' counsel and Enos proposing a settlement in which Enos would replace the clear glass of the Window with obscure glass but would continue to allow the Window to be opened, with HOA to bear no more than $200 of the cost, and each party to release the other parties and bear own attorneys' fees. Letter from the Critzers' counsel to HOA's counsel rejecting proposed settlement. Letter from City Director of Community Development Piasecki to the Critzers stating City's view that the installation of obscure glass in the Window is an acceptable compromise and advising of City's decision that City will no longer be involved in the matter (postmark date). Appeal of City Director of Community Development's decision to City Manager Knapp filed by the Critzers. 2-3-33 717105 7/13/05 t4332 Letter from HOA's counsel to City Manager Knapp setting forth HOA's position in response to appeal filed by the Critzers. Letter from City Director of Public Works Qualls, acting as City Manager Knapp's hearing officer, to the parties notifying them of his determination that the Critzers' appeal is dismissed without prejudice and canceling the hearing on the Critzers' appeal, based on the Critzers' civil lawsuit against Enos and HOA. 'L3-3l.( , . AMENDED AND RESTATED DECLARATION OF COVENANTS, CONDITIONS AND REsTRICllONS OF NOR'I'RPOINT HOMEOWNERS ASSOCIATION The Declaration of Covenants, Conditions and Restrictions applicable to that certain subdivision of real property known as NORTHPOINT located in the City of Cupertino, County of Santa Clara, as shown on that certain map entitled "TractÆNo,~?O Northpoin,t" filed fOf record in the office of the Recorder of the County of Santa Clara on December 29, 1971, in Book 294 of Maps at pI!gcs38 to 42 inclu~ve and as shown on that certain Map entitled "Tract No. 5071 Northpoint Unit No.2", filed for record in the office of the Recorder of Santa Clara County, on lune 12, 1972, inliook 303 of Maps at Pl!ges r. 2, 3, 4 and 5, which Declaration was recorded December 23, 1980, in Book F808, Pages, et.seq., Instrument No'. 6935037. The Amended and R.e~~tødD~O,!;I;w.as arnCþ11ded by an Amendment to Amended and Restated Declaration of Covenants, Conditions and Restriction of North point recorded 1anuary 30, 1984 in Book 1267, P4ge 351, ~t~. 7962115, and by a further Amen4ment,recorded F@1'WIIy 17, 1987 in Book K040, Pages 1493..149S,ln$tJun:¡ent No. 9158967 and a second Amendment to Amended and Restated Declaration of Covenants, Conditions and Restrictions of North point recorded March 29, 1990 in Book LJ04, Pages 386-38$, Il¡strument N'o.> 10470968. Tracts 5070 and 5071 above referred to are hereinafter referred to as "the Pro~, "the Properties", and as "NORTHPOINT". WHEREAS, Arti~e X, Sectioa 10.05. of the CÇBµt's ofNQRTHPOINT provides that they may be amended by an instrument signed by not less than sixty percent (600Ái) of the Lot Owners, and WHEREAS, The: Ownel'$of,~ percent.(6O"Ái) or more of.the Lots ,in NORTHPQINT deem it to be for the best interests of all int~ested parties to amend and restate the CC&R's ofNORTIIPOINT, NOW, THEREFORE, the CC&R's ofNORTHPOINT are hereby amended and restated to read in full as follows: Declarants declare thatthePfQ{Ießy ~~,·ÞeId.SQld, lea$ed. encumbered 8;Qd conveyed subject to the easements, covenants, conditions and restricû,on¡¡ COma,med in this DecI¥ation which are imposed as equitable servitude's pursuant to a general plan for the development of the Property and for the PlJlPOsc Qf prøtectÏf1g tbeI· Va!µç and dC$ira.biIity of,the Property. 'I'bi$ Declaration shall run with ~ and ÇYro-lot and ParceI,Q(Jand CQl!1Prising the Property and shall be binding upon the Owners thereof and each and every successive Owner for the benefit of each and every portion of the Property and the prqvjsÏons of.this Declaration shall inure to the benefit of each and every Owner of a lot or parcel of land comprising the Property and his or her heirs, successors and assigns. 2 Exhihit ~ 2..:3-"3) 4.09 The lien of the A$~$ßlents provided fO,rJ¡yrein,~l1aIIbe ;S1;\;~<?rdin~e to the lien of any first mortgage. The Association may subordinate such lien to a second mortgage if the Board determines that the Owner's equity in the Lot will, after such subordination, be not less than 25% Gfits ~ market value. SaleGr trarlsfer of..y I,.øtsJWIno!J 1fect the~SßlentJien. However, the sale of any Lot pursuant to mortgl!.ge f9recJOS\lreOf ~er to the mortgage holder in lieu of foreclosure shall extinguish the lien of such assessments as to payments which became due prior to suchS41e Qr tnµ)$f«. No ~e or ~er ~ r.e1i~e such Lot Hom liability for any assessments thereafter becoming due or ft.om the lien. thereof. . . .'.",. , , ARTICLE V . ARt.:w.b!;Ç'I'UßA.t, CONTROL , " 5.01 No building, fence, waÍI or other Structure shall be cómmcóce4..t1Çected Qr~tained, nor shall any alteration be made therein nor shall any exterior addition be made to any Bwlding Unit, nor $Þa.U any air~l.l4itioniIJg.unit or otherappJiance be instIIU~ in a window ope,ning, nor shall any WÙ1dQW be covered On t4eÙ1$ide orou~de with a n1aterW ,got çprove4 by the Board, nor shall any exterior wall be'painted, ÐQf any ~ f.!ADtedun(Ü.an a,ppticatiO!lfor approval thereofhas been submitted to the Board together with the plans and specifications showing the nature, kind, sI1a~~ materials, and.l~o¡lpfthe same, 8D.Ø ua tree, tI1.e speci~ there,ot; and.they have b~approved in writing Þy the BQ.afdofI)..irectors of the Assoç¡¡rtion as to harmony of external design and IQçation-JnrÞlatiQn to ,S\lITQijIldù!g structwesand topography and as to other applicable featu1'es. .. ... 5.02 ~Board may assïgn.to4I1A1cl.\i1¡~~9.WIittee, t.o be apf!~ed by tÞe Board, the review o.fany application iUed under Section 5.01 ,and for the purpose oftUaking a report to the Board. . '. . . . , 5.03 lfadecisjQn~ ~ bøen'~e'withintl¥l1¡yQQ).~,afterthe.appli~Jlissubmitted, the . appUÇ81\t.$baII be entitled to a h~ befor~ ~~:ijqard on his application within sixty (60) days .~CI' tbeapplicatùm hu been sub~, .. . 1.-.'. . . ,.'" . ,':."., . 5.04 ···IftheBQ"4,~Yesapproval.toJU1Owner fg¡¡the.Î.lW~"ation ofastn.l<:ture or exterior addition, such as but 11~limited to, a sul:)~~4e Of patiO' cover,·the Owner shall be promòited ftom making any additio~. t,h¡:refo or changes therÇÚ , ftQmpain~g the ~e. trom instaI\ü)g. electric lights thereon, and fi:onrperçù~g plw1~ or VÙ!¡;s.to grow~eon, witbout..pµo.r written approval of the Board after $ubmission to tbeBøard of an4tppÄcation therefor pursuant to Section 5.01. 5.05 (a) Each Owner who receives Board approval for installation of a structure or exterior additionsh4!lbe require4~{1QIÛOP to aUoftbe condiû,OIl$ of.approvaJ, and to keep and maintain the structure Of¡ exterior ~oningood conditionand'fepajr at his own expense in açcordancc ~ Re~l~tiøns,o£the Boar4 then in eff«:t and as may be thereafter adopted. . . . J : ~ 9 23-1fo I 10.05 ThisDeclaration~r~·in'force for f. teJm of~ty (20) years from the~te this Deç\aratiøn is recor~ ai\¢r wmoh time it sba.II be autømati¡:allyextended for successive periods often (10) y~s, subject, however, to the power oftbe Owners to amend. 10.06 . ThisDeQlaratiQnllUlY ~.lIQ)enGted by the vote or written assent (or acomhination thereof) of the OWl}ers of not less thanQây percent (60%) of the Lots; provided, however, any amendment which: (a) çbanges ~Q1~od of 4et~ the obligatiens, assessments, dues and other charges which may be levied against an Owner; or (b) authorizes the abandonment, partition, subdivision, encumbrance, sale or transfer of the Con¡njwn .t\r;ea other tIII!n as providedberein, sba.II require the written consent of the Owners oht leastsev.enty..tive percent (75%) of the Lots. 10.07 An amendment to this Declaration shall become effective upon the reco.l'dingin the office of the Recorder of Santa Clara County of a certificate signed and acknowledged by the President and Seccetuy ofth~Â$sodation ~1hat suœ..$Dendmentha$ been approved by the vote or written. consent1)f the requisite. p.ercentage of Lot Owners as specified in Sectioti 10.06. . 10.08 The Article h~rI;ngs herein are for convenience only and they are not intended to be a part of thi$ Dec1¡¡,ration,nor do they descn'be the scope or intent of the particular Article to which they refer. ARTICLE XI - CONDITIONS IMPOSED BY THE CITY OF CUPERTINO 11.01 The Associati01\or any Owner, sbaI1 haveth&right-to œfQrçe, by .anyprøoeeding at law or in equity, all restrictions, conditions, covenant$, reservations, liens and charges now or hereafter imposed by the City of Cupertino. Failure by the Association or by any Owner to enforce any requirement of the City of CupCItinoher. r.q¡ot.JÍÎ"ed shall in no event be deemed a waiver of the right to do so thereafter. 11.02 All of the conditions setiørtb. in ResolutiG.ns No. 928 and, 929 of the City of Cupertino are made a part hereof as if recited in full. . 11.03 All of Resolution No, 9SI of the Planning Commission of the City of Cupertino recommending thø granting of a Use Pemût tG Ditz-crane is hereby made a part hereof-as ifrecited in full. 1'3-37 17 , . . AMENDED AND RESTATED BYLAWS OF' NORTHPOINT HOMEOWNERS ASSOCIATION ARTICLE I NAME AND LOCATION Théname'Ofthe co'1'0ration is NORTHPOINT HOMEOWNERS ASSOCIATION, hereinafter referred to as the "Association'. The pñncipaI office of the co'1'0rationsball be located in the City of Cupenino, County of Santa Clara, State of California., but meetings of Members and DirectoB may be held at such places within the State of CaJifornia, County of Santa.Clara, as may be designated by the Board of Directors. ARTICLE ß DEFINl1tONS 2.01 "Association" shall mean and refer to NORTIlPOINT HOMEOWNERS ASSOCIATION. its successors and assigns. 2.02 "Property" and "Prøperties" shaD mean and refer to that certain real property descn'bed in the Amended and Restated Dec1aration of Covenants, Conditions and Restrictions, and such additions .' . Ìhereto as may hereafter J;¡e brought within the jurisdictiòn of the Association. 2.03 "Common Area" sha1I mean all real property ownecrby the Association for the common use and enjoyment of the Owners.. 2.04 "Lot" shall mean and refer to any plot ofland shown upon any recorded subdivision map of the Properties with exception of the Common Area. 2.05 "Owner" shaIJ mean and refer to the record oWner, whether ODe or I!1Ofe persons or entities, of the fee simple title to any Lot which is a part of the Properties, incl.g contract sellers, but excluding those having such interest merely as security for the performance of an obligation. 2.06 "Declarant" shaD mean the Owners, coUectively, 2.07 "Declaration" sha1I mean and refer to the Amended and Restated Declaration of Covenants , Conditions and Restrictions applicable to the Properties recorded December 23, 1980, in the office of the Recorder, County of Santa Clara, State of California and any additions or amendments thereto hereafter adopted. 2.08 "Member" shall mean and refer to those persons entitled to membership as provided in the Declaration. The tenns "Owner" and "Member" are synonymous. '. 1 Exhibit D :z 3 -]1 /~ / //, .........................----~ ~ -..-.-, ..._~~'~ 'MIX.. Ojl¿.:! ARTICLE V MEETINGS OF DIREcrORS 5.01 Regular Meeting. Regular meetings of the Board of Directors shall be held monthly without notice, at such place and hour as may be fixed Û"om time to time by resolution of the Board. Should said meeting fall upon a lei1;aI holiday, then that meeting shall be held at the same time on the next day which is not a Friday, Saturday, Sunday or a legal holiday; provided, however, that the Board may specify a C dift'erent day or time. 5.02 Special Meetings. Spec:ial meetings of the Board ofDirectors shall be held when called by the President, Vice President, Secretary or any two Directors of the Association, after not Jess th8J1 three (3) days notice to each Director. 5.03 Quorûm. A majority of the number of Directors shall constitute a quorum for the traJuaction of business_ Every act or decision done or made by such majority shall be regarded as the act of the Board, except as may be otherwise specifically provided in these Bylaws, the Anicles of Incorporation or the DecJå.raPon. 5.04 Attendance by Members and Association Manager, (a) With the exception of executive sessions of the Board (see subparB8f'lph (b), below) and any meetings conducted by conference telephone, all meetings of'the Board shall be open to Members of the AssOciation, pt'ovided that l,Ion-DirectorMembers may only participate in deliberations or disaJssions oftbe Board when ecpressly aUthorized by.. vote of a majority of a quorum of the Board, If the Association has retained the services of a Manager, such person may, in the Board's discretion, attend ·tegular aad special meeting. (b) The Board may adjourn a meeting and reconvene in executive session to discuss and vote upon litigation, matters that relate to the formation of CÒntracts 'With third parties, or personnel matters. The nature of any and all business to be discussed in executive session shaD first be announced in open session. Any matters discussed in executive session shall be generilly noted in the minutes oftbe Board of Directors. In any .matter relating to the dßcipline.of an Association member, the Board of Directors shall meet in executive session if requested by the Member, ana the Member shall be entitled to attend the executive session. Nothing provided herein shall be constrUed to obligate the Board to first call an open meeting before meeting in executive session with respect to the matters described above. 7 2-3-31 ~&/f.;/~ Dear City of Cupertino, I am sorry for your having to address the issues the Critzers have come up with. The HOA has tried to resolve their issues, but they refuse all reasonable negotiations. They refused the offer of a trellis. When they agreed to obscure glass, they then changed their minds and wanted the window frame replaced with an obscure glass of their choice. Since they seem to stop or make negotiations impossible due to their ranting, raving, threatening, and changing agreements I quite listening to them. They claim I spy on them through the window; this is simply not true. They claim I intentionally put in clear class; this is not true. I put in the same double pane low E squared glass that is in my other windows. The HOA approved my window with the same glass as is in my other windows on two separate occasions before I fmally installed it. I have since put in an obscure glass so that I could open my wood blinds and use the window as intended, having light enter the room without having the Critzers peeking in. They have actually taken pictures of the inside of my home through that small window (I have no idea how they managed that) and shown them to others without my permissions. Before putting the window in, I confIrmed that the balcony had a more unblocked view of the back of the units that the window would face. I had the balcony that gave a higher to lower clear view, and a dining room window that gave a slightly lower view. After I installed the window, the Critzers cut their patio foliage to provide them with a more clear view to that window. This more aggravated their issue than to resolve it. Here is the window as it is now as seen from inside my home: Sincerely, Jerry Eno 2..3 - L(D WHITE & MacDONALD, LLP ATTORNEYS AT LAW 99 ALMADEN 80ULEV ARD SUITE 1050 SAN JOSE, CALIFORNIA 95113-1601 14081 345-4000 FACSIMilE (4081 345·4020 AICHARD G. WHITE. INC. ROB D. MacDONALD STEVEN M. WHITE JAMES P. HILLMAN July 7, 2005 David Knapp City Manager City of Cupertino 10300 Torrey Avenue Cupertino, CA 95014 Re: 20272 Northcove Square Hearing on Appeal to Community Development Director's Decision Dear Mr. Knapp: This office represents the Northpoint Homeowners Association, a non-profit mutual benefit corporation formed to manage and maintain defined components in the planned unit development known as Northpoint. The purpose of this letter is to provide you with information responsive to the May 10, 2005 appeal letter of David and Margaret Critzer and Jowei Chen. CITED SECTIONS OF CUPERTINO MUNICIPAL CODES ARE NOT APPLICABLE. The above-referenced correspondence mistakenly cites as applicable to the subject circumstances, sections of Chapter 19.44 of the City of Cupertino Municipal Code. This chapter relates exclusively to single-family home developments, not planned developments nor multi-family residential zones, including the subject development. Similarly, repeated references to R-I zoning standards do not apply to the subject development, since those are exclusively related to single- family communities, Thus, the Association has not violated any of the provisions cited by appellants. Notably, the Association was not a party responsible to install any window component at issue. Rather, compliance with applicable Municipal Code Sections, to the extent required, would be an obligation of Mr. Jerry Enos, the owner of the altered Lot. Thus, the Association was not responsible to satisfy any municipal ordinances. REQUIREMENTS OF GOVERNING DOCUMENTS WERE SATISFIED. Like other common interest developments, the Association is governed by Covenants, Conditions and Restrictions which constitute equitable servitudes under Civil Code § 1354 (a) These equitable servitudes inure to the benefit, and are binding on, all owners of Lots within the development, including appellants. The duties and obligations of the Northpoint Homeowners 1)~'-(( David Knapp City Manager City of Cupertino July 7,2005 Page 2 of3 Association relative to exterior modifications of the buildings in said development are prescribed in Article V of the "Amendment to Amended and Restated Declaration of Covenants, Conditions and Restrictions oÎ Northpoint Homeowners Association", recorded with the Santa Clara County Recorder on or about May 29, 1997 ("CC&Rs"). This Article imposes an obligation on the owner of a Lot in the Northpoint community to submit a written request to alter hislher Lot. The Architectura1 Committee of the Association then reviews the application and makes a recommendation to the Board of Directors for approval or disproval. Please know that the requirements for approval as specified under Article V of the CC&Rs were satisfied by affected Lot owner, Jerry Enos. Mr. Enos submitted an application in May of2oo3. The application was approved by the Board in June; and then again in December 2003, because Mr. did not perfonn the alteration within six (6) months of the original approval date. In February 2004, the City of Cupertino issued a permit and the window in Mr. Enos' master bathroom was installed. The CC&Rs do not require that individual notice be provided to all members when the Board considers a recommendation of the Architectura1 Committee. The appellants' reliance on the Ralph M. Brown Act (Government Code §§54950-54962), is misplaced because the Northpoint Homeowners Association is a private organization. The approval/disapproval of Architectura1 Committee recommendations by the Board is made at every regularly noticed meeting, of which the Critzers and Ms. Chen were afforded notice. Thus, notice of the board meetings at which Mr. Enos' requested modification was approved was provided to appellants. EXTRAORDINARY EFFORTS TO RESOLVE TillS DISPUTE HAVE BEEN UNSUCCESSFUL. Since March 2004, the Association, through its Board of Directors, has conducted multiple meetings on the subject, inviting the members in this dispute to air their grievances at meeting with the hope of achieving a mutually acceptable resolution. Unfortunately, those meetings were unsuccessful. The Association then agreed to attend a mediation session with the assistance of a professional mediator paid for by Project Sentinel. The mediation was conducted on January 19, 2005. All parties entered into a Confidentiality Agreement at the inception of the mediation session. In breach of that agreement, the appellants have described conduct and comments attributable to certain participants in their May 10,2005 letter of appeal. The Association will avoid any liability associated with breach of this agreement by 2j-l.{~ David Knapp City Manager City of Cupertino July 7,2005 Page 3 of3 declining to comment with any specificity. Instead, the Association merely wishes the City to understand that the conduct and comments described by appellants are inaccurate and respectfully request the City avoid any reconsideration based upon such descriptions. APPELLANTS HAVE FILED A LAWSUIT. Unbeknownst to the Association, at the same time the appellants were expressing an interest in resolving this dispute by way of mediation, they filed a civil suit naming the Association and Mr. Enos as defendants'. The Complaint was filed on January 19, 2005, (the day of the mediation), but was just served. Following the mediation, the Association voluntarily paid for the installation of obscure glass in the window of Mr. Enos' bathroom. This effort was apparently unsatisfactory to the appellants as . they have requested this hearing and served their civil suit since then. On behalf of the Northpoint Homeowners Association, I wish to express gratitude for the City's efforts in trying to reach areasonable solution to this dispute. Unfortunately, those efforts, as well as those of the Association, are unacceptable to the appellants. We hope you will view the Association's actions to date as sincere efforts to resolve this dispute and require nothing more of the Association. Thank you. SMW/nm cc: Mark Shem, Esq. James J. Eller, Esq. IIWhiteserve1\tradelWP\Northpoint\Knapp 7-7.oS.doc I Santa Clara County Superior Court Case No.1 05 CV 034156. :;LJ~ 4. 3 David and Margaret Critzer 20282 Northcove Square Cupertino. CA 95014 ~08- q7:3 - IIBLf Jowei Chen 20292 Northcove Square Cupertino, CA 95014 rö)re~re~~ærRI lrù MAY 1 0 2005 lW May 10, 2005 CUPERTINO CITY CLERK Mr. David Knapp City Manager City of Cupertino 10300 Torre Avenue Cupertino, CA 95014 Dear Mr. Knapp, We are writing to request a meeting with you to appeal the decision of Cupertino's Director of Community Development, Mr. Steve Piasecki, in the attached letter postmarked April 27, 2005 (Attachment A) and received by us on April 28, 2005. Mr. Piasecki states in the letter that the City will have no further involvement in the matter of ( a second story master bathroom window1 installed in a previously windowless wall of the I I. townhouse neighboring and directly east of our home in the Northpoint townhouse development. The second story window was installed in the townhouse belonging to Mr. Jerry Enos at 20272 Northcove Square. The window was installed with no advance notice to us, and is a nuisance that violates Cupertino Municipal Code Title 19. Additionally, Mr. Piasecki states that the Northpoint Homeowners' Associations' offer to pay up to $200 to replace the glass in Mr. Enos' window with obscure glass is "an acceptable compromise". We disagree and that is the reason we contacted the City to begin with. We contacted the City Attomey last September, asking him to investigate the window installation because it violates RIC code (see attached letter from Ber1iner Cohen dated 9-28-04 - Attachment B). The installed window contains transparent glass, slides open for ventilation, and is installed so that the entire dimensions of the window are at a height directly above the top of our backyard privacy fence. The window is in a direct alignment with our rear living room windows (Mr. Enos himself has stated the window is "dead on"), and affords Mr. Enos a clear view through the entire depth of our previously private living space and backyard from the master bathroom of his residence. Despite Mr. Enos' assertion ear1y on that he "cannot see us", shortly after the installation of the window, Mr. Enos returned 1 This is the only master bathroom window in 416 units. '1'3-l{l{ · Page 2 May 10, 2005 a wave from Margaret Critzer as she was standing in her living room. It is not possible to prevent the visual intrusion with landscaping because the line of sight of the window is directly over our fence gate and there is a concrete walkway under the gate. The Northpoint development is zoned RIC on the Cupertino zoning map. Cupertino Municipal Code section 19.44.060 (Chapter 19.44 - Residential Cluster Zones) states: "the relationship between adjoining units shall be arranged in such a manner so as to preclude visual intrusion into private outdoor yards or interior spaces." , "Private outdoor space shall be provided for each unit...· Section 19.44.080 states: ".. . no structure shall be here<ifter erected, structurally altered or enlarged in a ~ residential cluster zone, otherwise than in confonnance with the following provisions. . Additionally, the Cupertino General Plan policies state: "ensure that the site design for a residential project has private indoor and outdoor spaces for each unit... . The window installation violates Cupertino Municipal Code Title 19, and therefore .:;¿ , constitutes a nuisance under Cupertino Municipal Code Title 1. Because of the impact on our privacy, and the comfortable enjoyment of our property, it also constitutes a nuisance under Califomia law. Great care was taken in the initial design of the Northpoint development, and extensive common area landscaping was installed and has been painstakingly maintained in the development for the enjoyment of the residents and to ensure privacy, specifically for the backyards and rear living area windows; the space now impacted by the window was the private space in our home prior to the window installation. The window installation forces us to choose between accessing daylight, fresh air I' andd a vie,lwt. of outr baCkyartdMandEthe cof mm~n ~re~ latndscahPing, orTkheePcing our / ~ ¿ blinds c ose at a Imes 0 preven r. nos rom vieWIng In 0 our ome. e ity has ". an obligation to enforce municipal code and to cause the window to confonn and comply with municipal law. 'L)~L/~ · Page 3 May 10. 2005 The window contains two distinct sections of glass and slides open for ventilation. Even if the panes of glass were replaced with obscure glass, it would not afford us any control over when we have privacy and when we do not, as the window can be opened at any time by Mr. Enos; this concept is clearfy expressed in Cupertino's R1 privacy planting«- 'f ordinance, which states that the only windows exempt from privacy planting are: · Obscure, unopenable windows · Windows with fixed louvers · Windows with a sill height of 5 ft. or higher Thus, the City has clearfy codified in R1 zoning the standards for second story window installations to realize the goals stated in the privacy protection policies of the General Plan, and has codified that an equivalent protection should apply in R1C developments «~ through code section 19.44.060 (i.e., "precludes visual intrusion...."). (The Merriam- Webster online dictionary defines "preclude" as "to make impossible by necessary consequence: rule out in advance"). A sliding openable window clearly does not "preclude visual intrusion". Mr. Piasecki's position that replacing the glass in the existing window is an "acceptable compromise" is also inconsistent with my November 15, 2004 telephone conversation with Assistant City Attomey Eileen Murray. Ms. Murray stated that the intent of the November 10, 2004 (Attachment C) letter from Planner Ciddy Wordell to the Northpoint Homeowners' Association was that if obscure glass were installed, it would be non- openable privacy glass; Ms. Murray stated that she asked Ciddy Wordell about this and f~ ¡¡, had told Ms. Wordell that she would see no point in openable privacy glass being "" installed. . The window was installed with no advance notice to us that the exterior alteration was e 1 being considered or had been approved. Although the Northpoint Board of Directors considered and approved the modification at an open meeting of the Board, no notice that consideration of an alteration that would impact our privacy and the comfortable enjoyment of our home was given to us, and no agenda was posted in adyance of the meeting. Under the Brown Act and other provisions of law, advance notice that a ~ t modification to property will be considered at an open meeting is required to be provided to City residents possibly impacted by the proposed modification; an agenda of the meeting is required to be posted in advance. The opportunity to provide input only after the approval and installation of a modification does not in any way equate to advance notice or to the ability of an impacted resident to give advance input prior to a governing body's consideration of a modification. Shortly after the window was installed, on or about March 9, 2004, Margaret Critzer called the City Building Department and spoke to Sue, who incorrectly told her she could ~ <[ not file a complaint about the window because the City approved it based on the 2- J - <-(0 . Page 4 May 10, 2005 Homeowners' Association approval. On May 1.7, attorne~ Christian Picone sent a letter «-10 to Cupertino Code Enforcement and was also Incorrectly Informed by Gary Chao of the Planning Department that City zoning and code enforcement do not apply to RIC zones ~ i1 (Attachment D). As Mr. Piasecki's letter states, the City arranged a Project Sentinel mediation after the issuance of Ciddy Wordell's November 10, 2004 letter. In attendance were representatives of the City and the Northpoint Homeowners' Association, us, and each parties' attorneys. The mediator's opinion was that the only meeting notice we received, Jç- which was a monthly event calendar stating the time and date of the regular monthly I 2 Board meeting and with no agenda, was completely inadequate notice of the proposed window installation. An agreement was reached that the Northpoint Board would install an awning window containing obscure glass and with a limited opening capability in Mr. Enos' unit. Mr. Enos did not attend the mediation, so the advance premise of the mediation was to discuss modifications to restore privacy that would not involve his participation. The Northpoint Board suggested the awning window, in preference to proposals we presented that would not involve Mr. Enos' window, and represented tha they firmly believed this was a solution requiring Mr. Enos' participation that he would be agreeable to. After the mediation, Mr. Enos refused to accept installation of the awning window, and instead attemDted to clandestinely sell his townhouse from an Internet site, not on the rhultiple listing service and without an "For Sale" si ns. This became a arent to ar aret ritzer, while in her living room, as she observed through Mr. Enos' ba ow a po en la uyers 0 n IS prope . -- ~ . (if At no time during the ~ediation was the.re. any ~nsideration by the interested parties of ~ ...JrYI.~ . placing obscure glass Into Mr. Enos' eXisting window. When we leamed that Mr. Enos W vv , would not accept the limited opening awning window, we proposed to the Northpoint Homeowners' Association that they increase the height of our fence in order to restore our privacy, without altering Mr. Enos' window; the Northpoint Homeowners' Association ~ If' refuses to increase our fence height or to allow us to do so (the Homeowners' Association owns the fence). kÞ! ø ~;J I The City appears to be retreating from its duty to enforce the municipal code, in part <""' ! (p because Mr. Enos was issued a building permit by the City for the window. As the c- building permit states, it does not entitle the holder of the permit to violate municipal code. Therefore, the window installation is not legal even if the building permit was obtained through a valid process. Additionally, Mr. Enos stated on the owner-builder verification he signed to obtain the permit, that he or an immediate member of his family would perform the window installation and that the total installed cost of the window would not exceed $200. It is our belief that Mr. Enos actually used a contractor or workers of some sort to perform the installation, as David Critzer witnessed one of the workers, who were present for several weeks at Mr. Enos' residence performing an extensive interior remodel, leaning through the opening cut in the exterior wall of Mr. Enos' unit after the wall was opened and before the window was installed into the 'J-')-Y7 · Page 5 May 10, 2005 opening. This was our first indication that the window would be installed. If he did use a licensed contractor, Mr. Enos was required to provide the contractor's state license number on the permit application; if the workers were not licensed, the building permit application states that a worker's compensation Certificate of Insurance needed to be on file at the City of Cupertino Building Department. Additionally, it is our belief that the total cost of the window and installation including the opening of the wall, the stucco repairing, and the installation and painting of wood trim on the wall would have exceeded $200. The permit application listed the "occupancy group" as R-3; the Northpoint development is zoned RIC on the Cupertino zoning map. If "occupancy group" determines which zoning ordinances apply to the subject property, there may be an error on the application, or in the planner's review of the application. These are issues the City should investigate and resolve to its satisfaction before it withdraws from this matter, based partly or entirely on a belief that Mr. Enos has a valid building permit for the window. Mr. Piasecki stated the City issues building permits relying on the Homeowners' Association to represent the interests of all parties; the Homeowners' Association clearly did not represent the interests of all parties in this case. The Northpoint Homeowners' Association has not responded to Ciddy Wordell's April 11 letter requesting that the Association contact her and inform her how they plan to resolve this matter. Eileen Murray informed me that Northpoint's attomey stated that the Northpoint Board does not want to increase our fence height because declination by the Board of similar requests from members of the Association may be deemed "arbitrary". This is a ludicrous assertion by the Northpoint Board, given the code violation that the Board has approved and the City's requests for property improvements to restore privacy. The City should not accept this as a reasonable response from the Northpoint Board when the Board will not agree to any other acceptable remedy. We believe Cupertino Municipal Code Title 19 and/or Title 1 give the City the authority to require the Homeowners' Association to increase our fence height. Additionally, we believe Mr. Enos may represent a risk to our personal safety; he is certainly not someone we want viewing into our home at times of his choosing from his master bathroom. See Attachment E. 11 J1v1 (J -,,-ht~1 ~~ ~J,~ ¡../C-rg9 pApA ( t~ Ÿ ~p It is incumbent upon the City to perform its duty to enforce municipal code and require either the Northpoint Homeowners' Association, Mr. Enos, or both parties, to bring the modification into compliance with Cupertino's RlC code and the General Plan policies on privacy, and in a manner that affords us control of our privacy in the previously private indoor and outdoor spaces of our home. The restoration of privacy needs to be accomplished consistent with Cupertino's extensive history of protecting the privacy of its residents to afford us equal protection under the municipal code, and consistent with the . I Ó character of the Northpoint development. At a minimum, possible solutions the _City 'c1" could require are installation of a window with unopenable, obscure glass or fixed 1 louvers; a reconstruction of our fence in the manner we proposed to the Northpoint (-- Board; or the limited opening awning window agreed to in mediation. )-6 2J ~ Ll t · Page 6 May 10, 2005 An openable, sliding window does not achieve a result consistent with the zoning ;).. ( ordinance intent or language, and therefore will not bring the window installation into compliance with municipal code. The City should not vacate its duty to consistently enforce code simply because Mr. Enos obtained a building permit for his window. The purpose of zoning is to provide predictability concerning the use of neighboring property; to enhance property values and the comfortable enjoyment of property; to minimize nuisances, and to implement community goals as described in the general plan. Those purposes are undermined if the zoning ordinances are not enforced. We look forward to meeting with you to discuss this further. Sincerely, ..dß¡¡~fIlM...t/lI---d~ ts~Vid ~~er, ~~~r~ an~~~i Chen cc: Mr. James J. Eller, Esq. 2-3 -l(q ATrAC/tMeN1 A ~ ~/2rf( ¡J~ April 24, 2005 Mr. David Critzer 20282 Northcove Square Cupertino, California 95014 Dear Mr. Critzer: The City of Cupertino staff issued a building permit for a window adjacent to your property (20272 Northcove Square) in the Northpoint residential development. The permit was issued based on the letter of approval from the Northpoint Homeowners Association Design Review Committee. The issuance of a permit such as t/ús is discretionary on the part of the City and we rely on the Homeowners Association to represent the interests of all the homeowners in approving such projects. After the project was completed we were contacted by you and your neighbor, Jowei Chen, where you expressed your concerns about the privacy impacts of the window. We wrote to the Northpoint Homeowners Association on November 10, 2004 and offered to continue to work with all parties to help resolve the privacy concerns, which we did through the mediation services of Project Sentinel. We wrote to the Homeowners Association on April 11, 2005, encouraging them to arrive at a solution that met everyone's needs to the greatest extent possible. We also offered to coordinate additional mediation if that was desired. Although we have had no response from the Homeowners Association, we understand that they have offered to pay for the installation of obscure glass in the window. We feel t/ús is an acceptable compromise. Therefore, we will not be involved any further in t/ús matter, since our role has been to help coordinate communication between the Homeowners Association and the property owners. If you are in disagreement with t/ús position, you may appeal my decision to the City Manager within ten business days. Seas Director of Community Development G:planninglmiscl20282 Northcove Square 1- '3 -s-D Printed on RBCVCJArl P"'ne>r !I-TTA-CI+tv1 E1~T 5 BERLINER COHEN ATTORNEYS AT LAW SANFORD A. BERUNER· ANDREW 1.. FABER WD..LlAM J. oonœs· I.OBERTW. HUMPHREYS RALPH J. SWANSON ÆOOY L Sl'RINGGAY JOSEPH B. DWORAK SAMUELL FARD ALANJ. PINNER. f1lANK R.. UBJ{AUS LINDA A. CAU.ON JAMEs P. CASHMAN STEVEN J. CASAD NANCY 1.100NSON JEROLD A. R.ErI'ON ROBERTI.. OIOIITEK JONATHAND. WOLF 1CAna..EEN K. SIPLE KEVIN F. KELlEY MARK MAKlEWICZ JEFFREY S. KAUFMAN JQUE HOUSTON A PARTNERSHIP INCLUDING PR.OFESSIONAL CORPORATIONS PAUL A PELOSI 11fOMAS P. MURPHY NADIA V. HCLOSER BRIAN L SHE'I1.ER MlOlAEL VIOLANTI CHJUS1'IAN E. PICONE ElLEENP. KENNEDY PETER BAJOREK HARRY A. LOPEZ JOHN F. DOMINGUs SE1H 1; COHEN MONICA B. BOROCHOFP CHRIsnNEH. l.ONO DAVID D:WADE rnOMAs B. EBERSOLE UV K. HASSE1T LAURA PALAZzOLO AARON M. V ALmm SHANNON N. COGAN a.AIRE LBNCIONl IENNIFER 1.. GROSSMAN 'ŒN AlMADEN BOULEVARD EUM!NTII FLOOR SAN JOSE, CALIFORNIA 95113-2233 TELBPHONE: (408) 286-5800 FACSIMILB: (408) 998-5388 www.berliDer.com ·APrui::aioodColpolaûoD RE"I1RED SAMUBLJ. COllEN September 28, 2004 OFCOUNSEL HUGH L ISOLA STBVBN L IlALLCauMSON ElUCWOHO NANCY 1.. BRANDT CHAIU.BS W. van 1lrlDdl0Øiee-MeR:cd, CA . Charles Kilian, Esq. City Attorney City of Cupertino 10320 South DeAnza Blvd. Ste 1D Cupertino, CA 95014 Re: CritzerlEnos Violation of Municipal Code §§19.44.060 and 19.44.080 20272 Northcove Square, Cupertino, CA 95014 Our File No.: 13772-001 Dear Mr. Kilian: Berliner Cohen represents David and Margaret Critzer. My clients reside, at 20282 Northcove Square, Cupertino, CA 95014. Recently their neighbor, Jerry Enos, whose address is 20272 Northcove Square, Cupertino, CA 95014, installed a clear glass bathroom window in his unit where previously there was just a solid wall. This window constitutes a visual priYacy intrusion, i.e. a nuisance. Mr. Enos added the window to his dwelling in violation of Cupertino's single family cluster zones (RIC). Mr. Enos did not followed code sections 19.44.060 and 080 when he obtained a permit for the modification. "The relationship between adjoining units shall be designed in such a manner so as to preclude visual intrusion into...interior spaces." My clients had no notice or input in the decision. My clients have demanded that Mr. Enos remove this window because it yiolates code. Mr. Enos refuses to remove his window. My clients attempted to seek regress from the Northpoint Homeowners Association it was fruitless. My clients next contacted Code Enforcement and unfortunately they were told to close their drapes. Once involyed, I contacted Code Enforcement and was politely informed that ICEI"æ6959.1 . 092804-13772001 2..3-)1 Charles Kilian, Esq. City Attorney September 28, 2004 city zoning and code enforcement did not apply to RIC zones. I disagree as Title 19 clearly applies to the Northpoint buildings. I request that your office look into this matter to determine whether this window violates Cupertino's Ordinance Code and, if so, require that Mr. Enos remove the window. If you have any questions or would like to discuss this matter, please contact me. Very truly yours, BERLINER COHEN ~~ CHRISTIAN E. PICONE E-Mail: cep@berliner.com CEP:jk Cc: Clients ICEP\636959.1 . 092804-13772001 1)-)2 t\ lTA-Ct:\i{£: í~ G CITY OF CUPEIQ1NO 10300 TorreAvenue Cupertino, Califomža 95014 Telephone: (408) 777-3308 FAX. (4G8) 777 ]]]] COMMVNITY DEVELOPMENT' November 10,2004 Northpoint Homeowners Association 10880 Northpoint Way Cupertino, California 95014 Re: 20272 Northcove Square (property owner Jerry Enos) Dear Homeowners Association: I had intended to send this letter to you last week. Please excuse me if this is the second time I have sent it. It has come to our attention that a second story window was installed at the above address. As you are aware, the City consulted with the Northpoint Homeowners AsSociation prior to approving a building permit for the window. I visited the area adjacent to the window, and determined that it creates privacy problems for property owners west of the window. The city relied on the Homeowners Association to consult with and represent the interests of all affected property owners. We would like to continue to work with the Homeowners Association representatives and the property owner, Jerry Enos, to determine options to improve the privacy situation. Improvements options could include installing obscure glass or louvers that prevent views out of the window into adjacent properties. Please contact me to determine the best course of action to address this matter. The City can help convene a meeting of interested parties, if there is a need for that. You may reach me at 777-3236. Thank you in advance for your cooperation. Yours truly, /iJ- t.:-¿¿dL¡ W~ Ciddy Wordell City Planner Cc: Jerry Enos, 20272 Northcove Square, Cupertino, CA 95014 Eileen Murray, Assistant City Attorney G:planning/misc/Northpoint Homeowners Association b .c.. ~ DA-'v-€- iz"fl ZQZ. 27-;'3 D...I_o_.J__ '"'__.._1_..1">____ ATTACff/'1B~Tb BERLINER COHEN ATTORNEYS AT LAW SANFORD A. BERLINER· ANDREW L FABER WILlIAM J. GOINES" ROBERT W. HUMPHREYS RALPH J. SWANSON PEGGY L SPRINGGAY JOSEPH E. aNORAK SAMUaLFARB AlAN J. PINNER FRANK R.. UBHAUS UNDA A. CALLON JAMES P. CASHMAN STEVEN J. CASAD NANCY J. JOHNSON JEROLD A. REITON ROBERT L CHORTEK JONATHAN D. WOLF KATHlEEN K. SIPLE KEVIN F. KaLEY MARK MAKlEWICZ JEFFREY S. KAUFMAN ..tOLE HOUSTON A PARTNERSHIP INCLUDING PROFESSIONAL CORPORATIONS PAUL A. PELOSI THOMAS P. MURPHY NADIA V. HOLOBER BRIAN L SHETLER MICHAEL VIOLANTI CHRISTIAN E. PICONE EILEEN P. KENNEDY PElER BAJOREK HARRY A.lOPEZ JOHN F. DOMINGUE SETH J. COHEN MONICA B. BOROCHOFF CHRISTINE H. lONG DAVID D. WMYE. THOMAS E. EBERSOlE LIV K. HASSETT AARON M. VAlENTI SHANNON N. COGAN JENNIFER L GROSSMAN TEN ALMADEN BOULEVARD ELEVENTII FLOOR SAN JOSE, CALIFORNIA 95113-2233 TELEPHONE: (408) 286-5800 FACSIMILE: (408) 998-5388 www.berliner.com ·A Prafes$onal Corpor.¡lIon RETIRED SAMUEL J. COHEN Branch Office - Men::ed., CA OF COUNSEL HUGH L. ISOlA STEVEN L HAU.GRlMSON ERIC WONG NANCY L BRANDT CHARLES W. VOlPE May 17, 2004 City of Cupertino Code Enforcement Department Cupertino City Hall 10300 Torre Avenue Cupertino, CA 95014-3202 Re: CritzerÆnos Code Violation at 20272 Northcove Square, Cupertino, CA 95014 Our File No.: 13772-001 Dear Madam or Sir: Berliner Cohen represents David and Margaret Critzer. My clients reside at 20282 Northcove Square, Cupertino, CA 95014. Recently their neighbor, Jerry Enos, whose address is 20272 Northcove Square, Cupertino, CA 95014, installed a clear glass sliding window in his second story bathroom where there previously was no window. This wiÌ1dow is low to the floor and faces the Critzers' family room and kitchen. When the Critzers are in their family room or their kitchen they look directly into Mr. Enos' master bathroom. It is my clients' understanding that Mr. Enos obtained a permit of an undetermined kind from the City of Cupertino; however, my clients have not seen a copy of the permit. It is our belief that the location of this window violates Cupertino's code. In addition to causing the Critzers severe emotional distress, the window constitutes a visual privacy intrusion, i.e. a nuisance. Mr. Enos added the window to his dwelling in violation of Cupertino's multi-family residential ordinances. The code requires that all multi-family residential designs/modifications must consider and minimize visual privacy intrusions. My clients have demanded that Mr. Enos remove this window because it violates code. It is neither a skylight nor high-seated window located near the ceiling for ventilation purposes, either of which would prevent my clients from seeing Mr. Enos while he is in the bathroom, or conversely Mr. \CEP\623624.2 051504-13772001 2. '] - S-t..( City of Cupertino Code Enforcement Department May 17, 2004 . Enos looking at my clients while he is in his bathroom. The window as it is situated, whether open or shut, presents a full view of the Enos bathroom, and sometimes Mr. Enos himself. The copies of photographs, attached hereto, were taken by my clients from inside their family room windows. Mr. Enos has claimed that he is unable to see the Critzers in their home from the window in his bathroom. To make a point, on one occasion Margaret Critzer waived to Mr. Enos while he was in his bathroom and she was in her family room. Mr. Enos had the audacity to return my client's wave, despite his previous assertions that he could not see into my clients' family room. AI; you can see from the photos, my clients are forced to look in to a window where there should be a significant level of privacy. AI; Margaret Critzer put it, "Mr. Enos decides when I have privacy." This lack of privacy is a nuisance to the Critzers and their surrounding neighbors. We respectfully ask that your department determine whether this window violates Cupertino's Ordinance Code and, if so, require that Mr. Enos remove the window. In the alternatiye, should Mr. Enos feel the need for some kind of window, that the City require that the window be replaced with a skylight or ventilation type window that meets code. My clients are very distressed about the present situation and have requested that I seek immediate legal action, I have informed them that the proper first step is to contact your department for action, as it is our understanding that the location of this window violates code. I would appreciate your immediate review of this matter. If you have any questions or would like to discuss this matter further, please contact me. Very truly yours, , ~ CHRISTIAN E. PICONE E-Mail: cep@berIiner.com CEP:jk Enclosure Cc: Clients Jowei Chen 13 --~J ICEP\6236242 051504-13772001 20272 Northcove Square Window :p =j .Jj o ::¡:. 7" ~ uì /:-. -\ iI) - Impact Mr. Enos early on in this situation (before March 9th BOD meeting returns wave to Ms. Critzer. - He can't see us? . March 17th Prior to blinds being installed Ms. Critzer views an at least partially undressed Mr. Enos in his bathroom. April 24th - The Critzers awake to find that Mr. Enos has posted 2 pictures in his newly installed window, one in each half-width window pane. - One is of a kitten, the other of a man of unknown identity making a funny expression. - By 1 PM Mr. Enos has removed the pictures from the window . . I-J v.1 \ 'í ~ 20272 Northcove Square Window - Impact Memorial Day, 2004, - Mr. Enos intruded onto the Critzers' home twice telling them to leave him and his window alone. At one point, he discussed the "30 degree cone of vision" and ranted that the window was not within the "30 degree cone", but was "DEAD ON". . ¡-J v,) \ 'J Window 20272 Northcove Square - Impact Memorial Day, 2004, - Later that day, within minutes of Ms. Chen turning on her living room lights (after returning home - with friends), Mr. Enos visited her home and began telling her in front of her guests to leave him alone. · Critzers told Mr. Enos to leave immediately. · Mr. Enos returns and taunts Mr. Critzer. · The Critzers called the police. · Ms. Chen installs a home security system shortly after this incident. . Ñ v.! \ '"\ ~ 20272 Northcove Square Window - Impact June 14, 2004, return from an evening walk around 7:50 pm to see Mr. Enos on the other side of his open blinds, he immediately spun around and dropped his arms as if he was holding a camera or binoculars. Once he had his back to the window, he quickly closed the blinds. Evening - Critzers had a neighbor over when Mr. Enos began viewing into their home as if he was "figuring out" who was in our home. - Once we looked in Mr. Enos direction, he quickly closed the blinds. . . !'J v.J \ '-'"'I ~ 20272 Northcove Square Window- Impact · February 24, 2005 - Mr. Critzer sees Mr. Enos riding a bicycle on the street outside the Critzer's home. Several minutes later, Mr. Critzer drives to his place of business, about 1.5 miles away. As he opens the door to exit his car, Mr. Enos rides his bike swiftly by the trunk of Mr. Critzer's car and continues, without looking back at Mr. Critzer or his car, to the far end of the parking lot. Mr. Critzer stands and watches as Mr. Enos circles his bicycle at the far end of the lot to look back at Mr. Critzer's car, and rides out of the parking lot when he sees Mr. Critzer looking at him. N v.) \ ~ C> 1TrACH-MeNT A t'~~.-,I ~ ~ ¡~ ~/zrþs ø~ ITYOF CUPEIQ1NO April 24, 2005 Mr. David Critzer 20282 Northcove Square Cupertino, California 95014 Dear Mr. Critzer: The City of Cupertino staff issued a building permit for a window adjacent to your property (20272 Northcove Square) in the Northpoint residential development. The permit was issued based on the letter of approval from the Northpoint Homeowners Association Design Review Committee. The issuance of a permit such as this is discretionary on the part ofthe City and we rely on the Homeowners Association to represent the interests of all the homeowners in approving such projects. After the project was completed we were contacted by you and your neighbor, Jowei Chen, where you expressed your concerns about the privacy impacts of the window. We wrote to the Northpoint Homeowners Association on November 10, 2004 and offered to continue to work with all parties to help resolve the privacy concerns, which we did through the mediation services of Project Sentinel. We wrote to the Homeowners Association on April 11, 2005, encouraging them to arrive at a solution that met everyone's needs to the greatest extent possible. We also offered to coordinate additional mediation if that was desired. Although we have had no response from the Homeowners Association, we understand that they have offered to pay for the installation of obscure glass in the window. We feel this is an acceptable compromise. Therefore, we will not be involved any further in this matter, since our role has been to help coordinate communication between the Homeowners Association and the property owners. If you are in disagreement with this position, you may appeal my decision to the City Manager within ten business days. G:planninglmiscl20282 Northcove Square 2. J -&, { Printed on Recycled Paoe, A- rmot fJ1 E1~ T J3 BERLINER COHEN ATTORNEYS AT LAW SANR)JU) A. BERLINER· ANDREW 1.. FABER WIl.LlAM J. GOINES· ROBERT W. HlIMPHREYS RALPHJ. SWANSON PEGGY 1.. SPRINOGA Y JOSEPH B. DWORAK SAMUEL L PARD ALAN J. P1NNER FRANKL UBHAUS UNDA A. CALLON JAMEs P. CASHMAN STEVEN J. CASAD NANCY J. JOHNSON ÆROLD A REITON ROBERT 1.. OIORTEK JONAmAND. WOLF KATHLEEN K. SIPLE KEVIN F. JŒLL.SY MARK MAKIEWICZ JEfFREY S. KAUFMAN JOLIE HOUSTON A PARTNERSHIP INCLUDING PROFESSIONAL COR.PORATIONS TEN ALMADEN BOULEVARD ELEVEN11l FLOOR SAN JOSE. CALIFORNIA 95113-2233 TELEPHONE: (408) 286-5800 FACSIMILE: (408) 998-5388 www.berliner.com PAUL A. PELOSI THOMAS P. MURPHY NADIA V. HOLOBER BRJAN 1.. SHEl1..ER MIOfAEL VIOLAN11 OfR.lSTlAN E. PICONE Eu..EEN P.IŒNNEDY PETE.R BAJOREK HARRY A LOPEZ JOHN F. DOMINGUE SEre 1; COHEN MOMCA B. BOROCHQFF CHRISTINE Ii LONG DAVIDD:WADB mOMAS B. BBERSOLE UV Ie. HASSETT LAURA P ALAZZOl.O AARON M. V ALENrI SHANNON N. COGAN CLAIRE l.I;OCIONI 1ENNIFER 1.. GROSSMAN . A PIofeMioAIII. Corpomriop RETIRED SAMUELJ. COHEN September 28, 2004 OFOOUNSEL HUGH 1.. ISOLA STEVEN 1.. HALl.CJRlMSON ERIC WONG NANCY L BRANDT CHARI.ES w. VOI...PE 8raochOKICC-Men:cd.CA Charles Kilian, Esq. City Attorney City of Cupertino 10320 South DeAnza Blvd. Ste 1D Cupertino, CA 95014 Re: CritzerÆnos Violation of Municipal Code §§19.44.060 and 19.44.080 20272 Northcove Square, Cupertino, CA 95014 Our File No.: 13772-001 Dear Mr. Kilian: Berliner Cohen represents David and Margaret Critzer. My clients reside at 20282 Northcove Square, Cupertino, CA 95014. Recently their neighbor, Jerry Enos, whose address is 20272 Northcove Square, Cupertino, CA 95014, installed a clear glass bathroom window in his unit where previously there was just a solid wall. This window constitutes a yisual privacy intrusion, i.e. a nuisance. Mr. Enos added the window to his dwelling in violation of Cupertino's single family cluster zones (RIC). Mr. Enos did not followed code sections 19.44.060 and 080 when he obtained a permit for the modification. ''The relationship between adjoining units shall be designed in such a manner so as to preclude visual intrusion into...interior spaces." My clients had no notice or input in the decision. My clients have demanded that Mr. Enos remoye this window because it violates code. Mr. Enos refuses to remove his window. My clients attempted to seek regress from the Northpoint Homeowners Association it was fruitless. My clients next contacted Code Enforcement and unfortunately they were told to close their drapes. Once involved, I contacted Code Enforcement and was politely informed that ICEf"j¡36959.1 ' 092804-13772001 2 '3 -t;¿ 04/20/05 WED 15:15 FAX 4089382579 BERLINER & COHEN IlJ002 BERLINER COHEN SAlr'¡''OIr.Þ,A,aR1t1.JNP.k· ANJ"JRew'L. FADeIl ~TW.HUW!IUY:5 IWntJ, SWA~ON 'DGOY L SJ'MIfOOA Y .I05J!I'H B. DWOMK SÃM'ùJil.l- PM. A1.Jt.1.Il.POO«IR F'M.NJ:, L UIJI{¡I.U$ UNDÁ Å- CALtON lAMES p, CASIIMN4 ATTORNEYS AT LAW $TiV2N J. CASAD Nl\NCY J. JOIJNSON SOLD A.. uarO;N ROOI!J(Tl.c.1JOJtTUK JONAllIAH D. WOL,.. KATHLEeN K. $11Lf. KeVINF. kELt.,¡¡v MAlUC.J.t.\DEWlC'Z .w.mp.v S. KAUPMAN JJLŒ JIOUSTON I'ItI.\Nl_$....Itt'I.F... A. rA~TN~rniHI1 fN(;LUDIN(ì I>P.OH~SSIO"'A.t CotuOJl.).'OON:; TEN ALMADGN I!OULEV ARD ELEVENlH FLOOR SAN lOSE, CALIFORNIA 95113,2233 TELEPHONE: (408) 286.5800 FACSIMI!.E; (401) 991-.5381 WW'W,bcrlincr~om PA1JLA. p'no:oll TUOMAS r. MU1U"ßY NADfA v, HOLO~~ MJCHA1!L VJOlt\NT1 CHIIlS'rlAN f. I'lCOm 1;1t.f'.f.H '.I\~NNg~W PCTBI.BJ\1OIU1K ItAM,Y A. LOf'5Z X) m P. DOMYNCiU2 SBTH J. CQtŒN MONICA a. IOkOQfOPP Oi.ItJSJJ1oI.6H.LON'G DAVIf)D, WAÞ& 7HON.oU E. IiBIiRSOUl u,,~. 'WSSErr LAUI.A r ALAZzŒ.o AMON M. VAL8NTf SHANNON N. COOAN' CUJ1Jj UiNOONl ~fttM.L.~N ANDIUJW J. CiOlt.(;'ANNI FOAAEsTw, HANSEN -y- . A Þtotm"-l CCI'pQQtion "TIRIÐ $AMViLJ.O)tftiN -'¥---. April 20, 2005 OFCOUNSI!L HWa L.DQLA sn~kH"u..GIt.t)t~N """,\\'OHO NAI'lCVI_PANPT CHARLIS W. VOLPi ø..nc.. O~'" - Mrree4, CA VIA FACSIMILE AND U.s. MAIL Steven M. White, Esq. White & McDonald, LLP 99 Almaden Blvd., Suite 1050 San.Jose,CA 95113.1601 Re; Critzer5 and ChenINorthpoint Homeowners AssociationlEnos Our File No.; 13772-001 Dear Mr. White; I received your letter dated April 14, 2005. My understanding of your offer is that the Northpoint Homeown,ers' Association Board is willing to pay up to $200 to, replace the glass panes in Mr. Enos'. window. As you are aware, the window is a sliding, opeuable window containing more than one pane of glass. We have discussed the legal issue that the window violates Cupertino municipal code sections 19.44.060 and 19.44.080, and the Cupertino General Plan policies on privacy. Additionally. an openable window is not consistent with Cupertino privacy protection requirements. hThe. practical issue is that the: window affords a clear view through the entire depth of my clients' living areas and into their private backyards; it is not consistent with the extensive landscaping and design measures taken to afford privacy to Northpoint backyards and living room windows and to attract a purchaser to the Northpoint development. ICE_77 2 0420CJ5.13772001 Z'3-&J 04/20/05 WED 15:15 FAX 4089382579 BERLINER & COHEN ~003 Steven M. White, Bsq. April ZO, 2005 An openabIe window will not afford my clients any control over when they have privacy, and when they do not, as my clients have consistently stated throughout this dispute. Therefore, 1 have no authority to resolve this. dispute under the conditions. proposed in your letter. Very truly yours, CHRISTIAN E. PICONE R-MoiI: cep@berlincr.c"m ŒP:cp Cc: Clients Eileen Murray, Esq. \œPl5S6477.2 042005·13772001 2- '3 -(p Y 10300 Torre Avenue Cupertino, California 95014 Telephone: (408) 777-3308 FAX: (408) 777-3333 COMMUNITY DEVELOPMENT April 11, 2005 Northpoint Homeowners Association 10880 Northpoint Way Cupertino, California 95014 Re: 20272 Northcove Square (property owner Jerry Enos) Dear Homeowners Association: We have recently received letters from the two homeowners in your development, David Critzer and J owei Chen, who have been involved in the privacy issues related to the window at the residence of Jerry Enos. Evidently the Homeowner's Association has not been successful in either altering Mr, Enos's window to improve privacy protection or in allowing the Critzers and Ms. Chen to extend the height of their rear fences. As the City relied on the Homeowners Association to represent the interests of all their homeowners when you approved Mr. Enos's window, we continue to encourage you to arrive at a solution that will meet everyone's needs to the greatest extent possible. We also could check with Project Sentinel to see if they could provide additional mediation, if you feel that would be helpful. Please contact me regarding what steps you will take to resolve this issue. You may contact me at 777-3236 or cynthiaW®cupertino.org. Yours truly, ", ~~d~:;:1n City Planner Zu~~ C: Eileen Murray, Assistant City Attorney David Critzer Jowei Chen G:planning/misc/Northpoint Homeowners Association2 '2J-&') Printed on Recycled Paver Jowei Chen 20292 Northcove Square, Cupertino, CA 95014 (408) 865-1091 Post-It" Fax Note 7671 Date tf-~-t>51ta~$'" -~ To ClbT:>'-{ From F (LEEN Co.lDept. Co. Phone # Phone # Fax . Fax . April I, 2005 Eileen Murray Office of the City Attorney City of Cupertino 20410 Town Center Lane, Suite 210 Cupertino, CA 95014 RE: 20272 Northcove Square window installation Dear Ms. Murray: I am the next door neighbor of David Critzer liying in 20282 Northcove Square. From the letter of David, I believe you must have some understanding regarding the window installation on 20272 Northcove Square. This window has bothered my whole family. During most of the time at home I can only leave the glass door and curtains closed at the living and dining rooms. The privacy is totally destroyed. I always need to watch out since anyone in 20272 can monitor my life. Please understand such an inconvenience is mainly caused by the improper decision of Board of Community Management. To be the Board of Community Management of North point Homeowner association, their goal is to help homeowners maintain living quality and intervene abnormal construction and addition to Northpoint townhouses. But this window installation totally goes against their goal. Right now me and my neighbors, David and Margaret Critzer, have already had mitigation with the Board of Community Management and their attorney in Jan. No further action has been followed by the Board to help us solve the issue. I appreciate your time of understanding my current situation. Hopefully you can help us solve the problem soon. Best Regards, JoweiChen(408)8651091 Fcß 2 J-fo& David and Margaret Critzer 20282 Northcove Square, Cupertino, CA 95014 (408) 973-1184 March 31, 2005 Eileen Murray Office of the City Attomey City of Cupertino 20410 Town Center Lane, Suite 210 Cupertino, CA 95014 RE: 20272 Northcove Square window installation Dear Ms. Murray: As I discussed with you the other day, my wife, my neighbor Jowei Chen, and I require your assistance in resolving the dispute we continue to have with the Northpoint Homeowners' Association and Mr. Enos. We have been living for 13 months with the nuisance of Jerry Enos' bathroom window, which violates Cupertino code and was installed with no notice to us. Additionally, we have been living with the extreme aggravation of attempting to achieve a remedy with the Northpoint Homeowners' Association for these 13 months. The City needs to take immediate action to remedy the code violation. The window installation violates sections 19.44.060 and 19.44.080 of the Cupertino RlC zoning ordinance ("the relationship between adjoining units shall be arranged...to preclude visual intrusion into outdoor yards or unit interiors"; "private outdoor space shall be provided for each unit...") and the planning policies regarding privacy expressed in the Cupertino General Plan. The alignment of Mr. Enos' bathroom window and our living room windows provides Mr. Enos a clear view through the entire depth of our previously private living area. We attended mediation with Mr. Kasperzak from Project Sentinel in January. As you recall, we reached a tentative settlement at the mediation requiring Mr. Enos' window to be replaced with an awning style window. Representatives of the Northpoint Board attending the mediation represented that they believed Mr. Enos would consent to the awning window. Our attorney was advised in advance of the mediation by Northpoint's counsel, Mr. White, that the Northpoint Board would support any position that was recommended and supported by its counsel. Mr. White, as counsel for the Northpoint Board, was instrumental in formulating the settlement that we reached in the January mediation. After much delay, Mr. Enos rejected altering his window in any significant way. It is our understanding through our attorney that Mr. Enos will not replace, at Board expense, his sliding window with :2 7 -0 1 an awning style window. At some point, Mr. Enos alluded to potentially installing "glue chip" sliding glass window panes, which would only partially alleviate the problem, as it would afford us no privacy anytime the window is open. Additionally, Mr. White advised our attorney that the Board informally discussed the mediation proposal and rejected it, in contrast to the posture of the Board's mediation members and Mr. White in January. In an attempt to resolve this situation we made another proposal, similar to our original proposal at the mediation; specifically, that the Northpoint Board alter our privacy fences and gate by adding additional wood and lattice, so that Mr. Enos can no longer peer into our homes and backyards at will. As you probably recall, Mr. Enos' line of sight into our neighboring unit interior and backyard is directly over the gate of our backyard privacy fence, and there is a concrete walkway to access Northpoint common area under that gate, rendering any landscaping solution infeasible. The Northpoint Homeowners Association Board refuses to make the necessary modifications to our fences and gate. Instead, they have responded with an endless chain of delay, excuses, and stalling tactics to avoid remedying the situation. As we discussed, Mr. Enos has also attempted to sell his residence clandestinely, without listing it on the multiple listing service, while the Board has engaged in these endless delays. As you suggested, perhaps the Board and Mr. Enos are hoping to burden some new, unwitting property owner with the problem that they have created. We are at an impasse with the Northpoint Homeowners' Association. We have followed your suggestion of mediation and have mediated in good faith when the Northpoint Board has not. We have attempted numerous types of solutions to this problem only to be rejected or ignored. Mr. Enos continues to violate City ordinances by intruding into our privacy. The Board refuses to require Mr. Enos to alter his window. The continued lack of response by these parties shows bad faith on the part of the Northpoint Board in mediation, and a flagrant disregard for the law by the Board and Mr. Enos. The City Attorney's office needs to initiate an action to revoke the permit that was previously issued to Mr. Enos, to abate the nuisance, and to bring the exterior modification into compliance with the RIC zoning requirements pertaining to the Northpoint development, and with the Cupertino General Plan policies on privacy. We have spent a great deal of time and money trying to resolve this matter through mediation. We have been ignored and hoodwinked by the Board, its attorney Steven White, and Mr. Enos time and again. If the Northpoint Board intended to provide a remedy to the situation, they would not continue to delay the matter and incur additional legal costs. There was no notice to us, nor any advance meeting agenda provided to us, to inform us that Mr. Enos was seeking Board approval for his window or that the window had been approved. As Planner Ciddy Wordell stated in her letter to the Board, the City relied on the Board to represent the interests of all parties. I believe Northpoint's attorney, Steven White, has represented to you in the past that there was adequate notice. Mr. White has yet to produce any document that establishes any type of adequate notice. Mr. Kasperzak opined in mediation that the meeting notice given to us, which appeared on the ~ '3 -(p t Northpoint monthly newsletter event calendar, and stated only the time and date of the regular monthly Board meeting, was inadequate notice of Mr. Enos' proposed window installation. At this point, it is incumbent upon the City to require Mr. Enos and Northpoint Homeowners' Association to conform and comply with the City's municipal law. As you and I discussed, the issuance of a building permit by the City of Cupertino was not a license for Mr. Enos' modification to violate municipal law. Thank you for your continued assistance in this matter. Sincerely, #/Ifi/ David Critzer cc: Charles Kilian 1.. J-& Î Page I of I Eileen Murray From: David Critzer [critzerins@att.netl Seo.t: Tuesday, March 29, 2005 11:50 AM To: Eileen Murray Cc: 'Critzer, Margaret L' Subject: 20272 Northcove Window Hi Eileen, Thank you for your time yesterday. This is a quick update to our conversation. I received a voicemail from my attorney this morning, stating that while he was on his way to court last Thursday 3/24, he received a call from Northpoint's attorney Steven lNhite. Mr. lNhite informed him that the Board was not going to modify the fences. Mr. lNhite now states that Mr. Enos is willing to "glue chip" his existing openable sliding window. As an aside, "glue chip· is the least obscure form of non-transparent glass available. I am not clear whether Mr. Enos is supposedly willing only to apply an adhesive kit to his window, or to replace the panes of glass. In any event, as we discussed by telephone last November, any modification to the existing openable window will not solve the privacy problem, as it will allow Mr. Enos to determine when we have privacy and when we do not. Best regards, David Critzer Critzer Insurance Services CA Lie. # 0664743 TEL: 408/973-1184 FAX: 408/253-1213 çritz~rjr!§@ª.!!,net *****.************************************************************************************************************************************** CONFIDENTiAliTY NOTICE: The information in this e-mail message, including any attachments, is for the sole use of the intended recipient(s) and may concern confidential and privileged information. Any unauthorized review, use, disclosure or distribution is prohibited. If you are not the intended recipient, and have received this communication in error, please contact the sender by reply e-mail and destroy all copies of the original messages. Thank you. ********************************************************************************************************************************************* 3/29/2005 21-;D 03/28/2005 16:27 4082531213 CRITZER INSURANCE PAGE 08/09 BERLINER COHEN ATTORNEYS ^T LAW SAHJIOØD A. ØUINI'~. ANDNWi., ,,,..." J.Q8t.1t'T W.IlUMPlØEY& JAI..1H J,:tWAHSON n«ìY :..1JIItlNQC;"r .IOSØHI!. DWOIlAK $.\NUlL L rAD ALANI.PI'4Imt ~"I;k.\DIIto\US 1,JNDAA.(A!.t.ON .u.mr,.C~ ,œvØl'f r. tAlA!) ""NC:VJ.JOII)IS(JN JU.OLD A. UI'T<m aOllRTL.Ct(QI\'UX JCM.\TfIA1(D.WOLP KATHI.B8tI Þ:. sm.a K.iYlNf,lU!LU"r Nt\UJoM,ICIIWI<:z JIh'dY" KAIJf~ .....- ØilU.\NL~ A rA~r) !k4RI" INC1.UDING rU'feUIONU COJ.POIl.MIDNS TEN ALMADEN &QUlEVAIID EI:£VEN1R I'I.OOR SAN lOSE, CALIFORNIA 9S1 ),2233 Ta.ePHOIIE: (.1)8) _5800 FACSIMILE: (~) 998-5311 WVo1VJ)trlttlef.com PltU1.~~1 'JIIOfof.t\Sf'. MUUM'y MOtA V.NOLOI. N1(Wo,t1.V1C:lt.AtITI 0Ø;1STV.N I. PICON! Jilt.IIN',. QMI/BDY ..... """... HAU,YA.LOl'Bt JOtINp.~ A1JI,. CW«IN JoIQN1e""~OCHO" C,lf'-(!tJNtM.~ PA,vtD,a. WAlII TMOMAS I. UIIRSOUI U\' I(, twJSJT1' u.t.IIA MLUZOLO ......MN M. VAU!NTf SHANNONN. COGAN CLArUUNaOHl ØNHJP!I\L. GROSSMAN' ANDIBW L GIœ01AMn ~"",M"'~ ·Þ.~CtIpXIÛII \ - S~1COH1N OJI~I!I!, MUGU I.. Sot..\ STIVIN L 1Wo1.OlUMS0tl ...,"""" ~AHÇyL.BMt'ÐT (VALI9$ 'f/{. VQI.J" ! 8nRI\ ofr.c.I: . Møœd. C1. March. 21, 200S VIA FACSIMILE Steven M. White, Esq. White & MacDonald, LLP 99 A1madcn Boulevard Suite 1050 San Jose, CA 95113-1601 Rc: Cri1zerlNorthpoint HomeownerS Association Our File No.: 13772-001 Dear Steve: I reeei ved your March 16, 200S letter on March 18, 2OOS. My letter of March 7, 2005 (DOt Marçh 91h) was not proposing tbat my clients modify the privacy fences su1TOlllldíng their backyard; rather Nortl1point Homeowners Association will modify and maintain the fences. The fences are common area improvements belonging to the Northpoint Homeowners' Association. Therefore, no arclritectural review application is reqllired for the Homeownen' Association to modify the fences. The $Uggestion in my Match 7, 2005, proposal, thet Mr. Enos' "glue chip" his bathroom windowpll1lcs, was based 911 your verbal represCJ\tation to me that Mr. Enos was willing to do so_ If Mr. Enos is unwilling to "glue chip" Iris window then the Board can stiU imp1W1ent the modification to the privacy fences and gatc. The modification may eliminate the need to alter Mr. Enos' window. Your statement that my clients are "unwilling to reach any sort of resolution that docs oot include: r<:placement of the window by Mr. Enos" is implausible, when it is )'Our cficnts that directed the comrersation to Mr. Enos' window in mediation. As you recall, my clients proposed that Northpoint Homeowners Association modify the privacy fences and gate, \c!;P\6S 391,1 012105·13112001 2J-Îl 03/28/2005 16:27 408253'''13 CRITZER INSURANCF PAGE Ø9/Ø9 Steven M. White, Esq. March 21, 2005 without altering Mr. Enos' bathroom window . You and the Board offered the eventual settlement that required Mr. Enos' consent. Clearly, the Northpoint Board would be prudent to formulate and execute a mo<lüication to Eno$' window that will partiaUy remedy the Board's unacceptable approval of the transparent bathroom window, but that is III! issue the Board will haVE: to choose to address or not on Its own, as my clients ìnformed you prior to mediation. However, if the Board Is unwilling to addreS5 Mr. Enos, !lien it soouJd move past hjm and modify the backywd fences and gate on behalf on my clients. The only ¡uue at hand relative to my cJients, is whether the Board is going to IOOdify the privacy fences surroW1ding my clients' backyards within 30 days, as proposed in my Marclt 7, 2005 letter. If I do Dot receive a wriUen response from you by cwse ofbusincss March 23,2005, affirming that the NorChpoint Homeowners' Association will modify roy clients' fe1:Jces in the proPO$ed roanner and in the proposed timefraroc, I will asswne that the Nwthpoìnt Boárd declines 10 do 50. Facsimile, or any method you choose that allows for my receipt of your wriltcl:1 and signed response by Mareh 23, ore acceptable delivery methods for your response. v cry truly yours, CEP:cp cc: elìmt, 1CE1'\65319r.1 032.05-1m2Oll1 23-/1... 03/28/2005 16:27 4082531 n 3 CRITZER INSURANCE PAGE 07/09 WHITE & MacDONALD, LLP ATTO~EYS Ai LAW 9'9 A.lMADfifll øOULEVARD SUITE 1050 SAN JOSE. CALIFORNIA .511 J·'''O' [4081 $45-4000 FACi¡IMILf (4081 34S-40~O ~ICH"IIC G. WHITt;;, INC. ~s D. t.toJC;OONAI.O $TiVPI fill. WHiff J,AMu ... ~jIJ,MAN March 16,2005 CONFlDENTI...L SETTLEMENT COMMUNICATION Cbristiar¡ E. Picone, Esq. Bedincr Cohen Ten Almaden Boulevard, Eleventh Floor San Jose, CA 95113-2233 Reo Northpoint Homeowners Association Your File No.: 13772-001 Dear Christian: Please referCl)Ce yOur letters ofMarcb 9 and 14, 200S. The "settlement proposal" ref'=ed in)'Out letter ofM8fCh 9.2005, was contingent upon Mr. Enos replacing his clear glass bathroom wiDdow with a glue chip window. As you !mow, the Board has no authority to compel Mr. Enos to replace his window. A~ordingly, the Board is incapable ofU\1ilaterally accepting or rejecting the proposal as referenced in your recent letten. Any request for a fence extension would first need to be evaluated by thc Axcbitectural Control Committee, and a hearing held to prove or disapprove the rec;ommendations of the Committee, just as was done wi1h Mr. Enos' request to install a window. The Association will not change the rules applicable to its members for your clients only since doing SO may be viewed as arbitruy by other members. The Associaiion bas devoted Jignificanf timc, resources, and money in at; effort to molJify )'Our clien,t$. However, such efforts appear to have been wasteful because your clients are unwilling to reac.h any !lOr! of resolution that dOes nòt include replacement of the window by Mr. Enos. For tbe reasons previously articulated, namely, the Association has no authority to compcJ Mr. Enos to replace his window, it would appear there can be no resolution satisfactory to your clients. SMW/nm \\WhitosetYCf'cndc\WP\'Not1hpoinl\Picnnc J-I6-0~.dœ: y yours, RECEIVEO ~ MAR 1 8 2005 ~ ( BERLINER COHEN , 1-J-7) 03/28/2005 1&:27 4082531213 CRITZER INSURANCE PAGE 05/09 BERLINER COHEN ATTORNBY$.AT LAW ~ A. ea,urqa.. .vmDVL.FÂIIIl ROUkTW.IIUN1'IIUYS a.uH'llWAN3ON fIGGY.'L~V JOßftII. DWOM" ~~'AU ALAN.l.1"1NNU fttAHK....tJUI'AUS UCDJ..... CALLON wolin CAIRMA>I smJNl. CAMJJ NANC'( ,. J:8GON JIIICW...MlTOII 1QUI.T.L œo1TØ J(mATRAXÞ, Wt1I.l' kA'I'JII.II&'N LSIPLB . DV!NF.ØLLBY .....,.""""'""'" lIIftIRBY.s,KAI..tf'W....w IOU!! IfO\ISTON allAN L 5IØ1f,JIII. It.. PARTNUU¡U' ItfCLUDING rll.OnSS10lfAL COJl'OkATIOM$ TEN.AUlADBNBOULEVARD Bl.ðV!!NTII FLOOR SAN,JOSE.CALJIIOIlNIA 9$J1J-:!233 1RE/'I«)NE: (408) 216.5800 PACSIMILII: (401) ~)" ,""""berlintr.ÇQn'\ "4Vf.,A. P!tO$l mOIoIA1r._ NA.ÐIAv.lIOt.O!Ia >l!QJAlLVIOWm CIPJSTIAN L PICON! w.JaI'r(l'.~V '""""""'""" rLU.tt.V,A. LOPæ JQftJ(F.~ IIITIIL""""" M:JNICA I. 1OJtOafOF!' ClllU511M1 H. I.QN(I DAVID""^"" "'O\lAn. .....111 U\'.x. HA!Sm' I.Am.\ .AI.\Z%OtO AAIttIttM.,VM.RN'I"I S~N.C))(j.'.N a..<IRB_ .llNNJFBR.L.GRœSMA.N" ANDØW .~ ·A~~ JUmUD IUJlRJBLJ. CiOJ'II!:J'I OPCOVNm. ,-."....... I11JV!iNLHALtt:.IUMSON me WHO JWrfCY.1.. ØAND1' æ.u.LI!8 W, YOlJII! .....omc....~ CA. March 14,2005 VIA FACSIMILE III"I'I!!' l'jI:'r I'~'I' ¡ I 'Pi'I":"'I"illI'I¡:'" !'~'!III ¡I" 1'1'11,,,·,·\1 1'1,1"",,," "11/1lj,'I.I¡"I' 1 II ',- ., "'I" 1]' I It' I 1111\J·!. ~'Iq i J I"I! \ tl¡! J ¡J ¡ 1,1f ,¡" ¡1f:/.o:Q't 'IJ,'d ;i!'\ ~}; ,\; ') . lmllilil¡¡¡'¡ill:lli¡i¡J¡;!lllliliilillilllllllll Steven M. White, Esq. White, & MacDonald. LLP 99 Ahnllden Boulevard Suite 1050 San Jose. CA 95113"1601 Re: CritzerINorthpoint Homeowners Association Oil{ File No.:. 13772-001 Dear Steve: I am in receipt of your letter ~ March 9, 2005. It is my understanding from your letter and our telephone conversation of Marth 9, 2005, that the Northpoint Homeowners Associatioi1 is, rejeçtjng the settlement my clients proposed i,n my Jetter to you dated Marth 7, 2005. Despite. the representation made to_Illy clients and to rqnesentBtives of the City of Cupertino at 0\1( mediation inJanuæy, ~ the. Boartl wished to resolve the. matter and to finance a solution that would restore the Critzcrs', and Jowei Chen's privacy, the Bòard does not desire to. accept my clients'. proposed solution.. ÀdditionaUy, the Board is not willing to implement any of the solutions proposed in the, City of Cupertino's , November 10, 2004 letter regarding the. privacy. problems ereated by Mr. Enos' window. My clients are, not interested in submitting an application to. the Architectura1Control Committee, as you represented in advance of the March 8, 2005 Northpoint Board Meeting tha.t a decision on my clients' proposed solution would be rendered by the Board at that meeting, if the proPosal was. submitted prior to, the, meeting. Additiona1ly, my. March 7, 2005.1et1er. provides the Board and any relevant committee oftbe Board with more information thaD. would bll elicited by ~I.' 03t4lJ5.'3772OO1 2'3-ìLt 03/28/2005 15:27 4082531213 CRITZER INSURANCE Steven M. Whi.te" Esq. March 14, 2005 a Northpoint architectural review application. As, sucb, the, Board has been provided aU relevant infonnation necessâry to render a decision. [f my undexstanding of your rejection of my clients' offer is incorrect, please respond to me in writing, by March 16, 2005. Very truly yours, ~1Z) CHRISTIAN E. PICONE E-Mail: ,cep@b.di......çom ŒP:cp cc: clients ŒP'M21i91.1 031_13771001 2.)~ì) 03/28/2005 16:27 4082531213 CRITZER INSURANCE PAGE 04/09 OOQ~OO WHITE & MacDONALD, LLP ".TTORt.EyS AT tAW ,9 ALMACiN BOULEVARD SUITE' 050 SAN JOse. C:AlIFORNIA '51 13-HI01 40S¡ 14S·4QOO 'ACSIMllE 1408) 34~402:0 ftl¢HAAO G. WHl1t:, INC, "08 D. M4COONALD $TtV9f M. wHITE JÞMiS ". t-IIL!.NAN Marth 9, 2005 CONFJDI!:NTIAL SE'lTLEMENT COMMUNICATION Christian E. Picone, Esq. Berliner Cohen TEro Almaden Boulevard, Eleventh Floor San Jose, CA 95113-2233 Re: Northpoìnt Homeowners Association Your File No.: 13772-001 Dear Mr. Picoue: Thank )IOU for )lOur letter of M31'Ch 7, 2005. If the Crítzm and/or Ms. Chen desire to increase the height ofthcir respective fence and/or gate, they are encow-agcd to submit an application to the Architectunù Control Conunittœ for consideration. I understand the City of Cupertino requires tbe issuance of a pcrnù t for any fence higher than six feet. If you have any questions concerning the furcgoing, please do not hesitate to contact me. .Mf?¿ SMW/nm '\Whi~.ñtnŒ\WY\Nor(apoint..P1eonc 3-9..(15.doç 2 J - ¡/p Ø3/2S/2ØØ5 16:27 4ØS2531213 CRITZER INSURANCE PAGE Ø2/Ø3 BERLINER COHEN ATTORNEYS AT LAW SANJIOJ.D A. UR.I.JJIR. AHDRIWL. rAJIþ. P.OJIiJ.T w. 1f\.IMrHU'f3 I.ALPIII..SWANllON noGTLSl'JJNl)QAV XInI' I 5.1!W>AK SIIMUIL L '4'0 AI.AN I. I'INN]gI, ~Jl ua.ws ........A.......... lAMBS r. CA8ff)4'AN' ~J.CN;AD NANCY ,. JORNSOIi ....... A. MmII< kœll\TL QtOI!IU JOtrtA1'JW4Þ. WOt.f r.A.11IUINL SIrU ØVI4'. QUJrY "^"".........",. Jlll'PQYS.ICA~ JOI.t111<)U1rr"" _..SImUI\ ^ '''''''TN'UN'' I1'fCLVPII'fG norU'srOMAL CORPOI.ATtONS 11!N AlMADEN. BOULEVARD ELEVI!NTII PJ..OOR SAN IOSÐ. CALII'ORNlA 9Stl3-m3 11!!.8I'HONE: (4011) 2110._ F^CSJM J..Ij: (~!) 99105388 WMU.berlincr .com 'AUL It. PIILOSt TIroMAS .. WVURY 1'CAÞtA V, MOlOU>R MlCIIAJIL"""""",, ~1.moNE JULnK P. kBNNBJ)v .......- JU,DY A. LOfBZ, ICItfMP, )Qf¡ONQUE 11TH 1. COIŒN MONICA 5. aoROClfOPti CltRJSt"INl lt1.OllO DA.vm.o. WADS -.. ......... UV~K.\S!ITT I.NJM ~AI.JoI.ZOI.O MRONM. VALI!N11 8HANNOHN'. COGAN CIAIIUI"""""", _L""""",^,, ANDIlBW I. QIOJtOWOt'( "",~~ IUIUD ........t COlON or <OUNSOt. IMKt..1OOI.A S11M!NL IIAt.tOJJtoOON me"""" KAHCY L. BINI)1' 0tA-.1AS W. VQLJI£ .....otRoc-lIC~ (A March 7, 2005 VIA FACSIMILE Steven M. White, Esq. White & MacDonald, UP 99 Almaden Boulevard Suite 1050 San Jose, CA 95113-1601 Re: CritzerlNor1hpoint HomeoWD<n Association, Our File N9.: 13772-001 Dear Steve: , My clients are disappointed that ,Mr. Enos is unwilling to agree to 0\Ir tentative settlement agreement. A significant amount of time and energy went into the mediation by all present, so it is unfortunate that we are unable to implement the agreement. My clients are int.e(ested in solving the nuisan~ of Mr. Enos' WÚ1d<¡w with the use of lattice, however, it needs to be more than simply slapping up lattice with aluminum L brackets. The Ci.tzers and Ms. Chen spent the last week looking at options to alter their fences that are aesthetically pleasing and functional. . My clients are wilHng to 1'C$Olve all disputes with the Board as follows: 1) The Board rebuilds the Critzers' gate to 7'4" total height above the underlying concrete walkWay, using the same style gate as the current gate, in order to create II solid viSlial bamer along the entire height and width, of the gate. This is necessat}' because the current height and location of the gate and the Enos' window allow Mr. Enos an unobstructed view into the Cìtzers' HYing 1'o01 ) and kitchen. 1CE_1941.1 01.(131 7IJ5.t3773J01 2'J - 71 03/28/2005 16:27 4082531213 CRITZER INSURANCE PAGE 03/09 Steven M. White, Esq. March 7, 2005 2) The Board rçbuilds the Critzers and Jowei Chen's fence to a total height of 7'4" to match Critzcrs' gate. This will be comprised of 6'4" solid fence, with one foot privacy lattice built into .the fence 011 top of the solid portion, using a 2x4" top rail to frame the lattice on top, and ftaming the sìdes of the lattice between the n,ew fence uprights. Upriel1ts run the entire 7'4" beight oHhe fence-lattice combination. 3) The fence must be redesigned to caity additional height/weight and wind load as detmnined by a competmt professional fence contractor. using appropriate dimensions of lumber, hardware, and professional construction technique.' Northpoint Homeowners Assooiation will Ix: responsible for maintaining, repairing, and replacing both fences and the Critzcrs' gate, in the same manner as any other feooe and gate in the Nortbpoint development. Fence and gate to be maintained by the Nortbpoint Homeowners Association at tlb.e same height and configuration as the completed new construction when repaired, replaced or maintained in the future. F= construction will be completed within thirty <!aysof out agreement if the Board arranges construction. A mutual release of the Board, Critters, and Jowei Chen will be Pl'qJared by attorneys and executed for satisfactory completion of the new fence construction meeting the necessary height and design requirements. Also Mr. Enos replaces hia clear glass bathroom window with a glue cbip window. My clients recently had a rea! estate professional review their home for re-sale value. They were advised that Enos' bathroom window reduces the re-sale value ,of their home. Please ~ew my clients' proposal with the Board Tuesday, if yoù have any questions please give me a call. Very truly yours, , CEP:cp cc:. clients IOEP\S$ta.l1.1 D1-ð30_137m01 -2- 2;-¡t Page lofl Eileen Murray From: Steven M. White [SMWhite@sbcglobal.net] Sent: Tuesday, March 08.200510:28 AM To: Eileen Murray; Ciddy Wordell Subject: Northpoint HOA Hi Eileen and Ciddy: I hope this email finds you both well. As you may know, Jerry Enos' wife passed away shortly after the mediation. He thereafter visited with family. I did not think it was appropriate for him to make any decision under such circumstances, and therefore gave him some time to consider the tenns of the contingent settlement achieved at the mediation. When Mr. Enos and I finally discussed the prospective settlement, he rejected any requirement that the window be replaced. Mr. Enos claims there is nice tile finish work adjacent to the window that would have to be replaced in conjunction with the window replacement. He does not want to incur those costs again, and frankly, I doubt the Association would incur those costs as a tenn to settlement of this dispute. A straw pole vote of directors following the mediation suggested the Association may reject the terms requiring them to pay for the replacement of the window regardless of Mr. Enos' willingness to pennit it. Mr. Enos would, however, accept a glue chip pane of glass in the window. I understand this to be an obscured or opaque finish on the glass. Counsel for the Critzers and Ms. Chen is aware of the foregoing. Lat night, he faxed a proposal fore resolving the dispute, the relevant tenns of which are as follows: 1. The Critzers' and Chen's fences and gates are reconstructed to a minimum height of 7'4". With the exception of the gates, this height can be achieved with 6'4" of solid fence, and a one foot lattice extension on the top; and 2. The glass pane in Mr. Enos' window is replaced with an opaque of glue chip finished glass. I am meeting with Northpoint's Board of Directors tonight. I would like to review the foregoing with them. And, my questions for you are: Is there any municipal ordinances that would preclude reconstruction ofa gate of this height? If so, what steps, if any, should be undertaken to obtain a variance or exception to the ordinance? I apologize for the late notice, but I just received this proposal last night and this evening's Board meeting was scheduled some time ago. Please don't hesitate to call me with any questions or comments. Thanks for your anticipated prompt attention to this query . Regards, Steve Steven M. White, Esq. \/\/hite & MacDonald, LLP 99 Almaden Boulevard, Suite 1050 San Jose, CA 95113-1601 (408) 345-4000 This message contains confidential infonnation intended only for the use of the addressee(s) named above and may contain information that is legally privileged. If you are not the addressee, or the person responsible for delivering it to the addressee, you are hereby notified that reading, disseminating, distributing or copying this message is strictly prohibited. If you have received this message by mistake. please immediately notify us by replying to the message and delete the original message immediately thereafter. Thank you. 3/8/2005 23-/( A~/A?/?AAS 1n:?~ 4AR?S~' -'1 ~ r:RT T7FR TNSllRANrc- PC>GF A?/A4 David Critzer 20282 Northcove Square Cupertino, CA 95014 March 2, 2005 Charles T. Killian, City Attorney Eileen H. Murray, Assistant City Attorney Office of the City Attorney. Cupertino, CA 20410 Town Center Lane, Suite 210 Cupertino, CA 95014 Via fax - (408) 777.3401 RE: 20272 Northcove Square Window Installation - property owner Jerry Enos Dear Mr. Killian and Ms. Murray: First, let me thank you for the assistance you have given me in this matter to date. My attorney has informed me that the attorney for Northpolnt Homeowners Association stated that Jerry Enos is unWilling to accept the Proposed aWlling Window solution that was agreed to in mediation on January 19'". Mr. Enos Is willing to accept Only an adhesive "glue chip' film application to the existing openable window, but not the Installation of a different window, such as the awning Window proposed In mediation or unopenable privacy glass. It has also come to my attention, through separate channels, that Mr. Enos has recently listed his property for sale with a real estate agent, not on the mu~ipie listing service, but on 'Craig's list', an Internet site (see attached listing). There are no real estate "For Sale' signs posted on Mr. Enos' property. I do not know whether prospective purchasers of Mr. Enos' property are being informed of the wíndow issue we discussed in mediatiol1, or not. As I have stated previously, It is my belief that the master bathroom window Installed in Mr, Enos' unit violates RIC code, At this point, I have my attorney working with Northpoint's attorney to see If an acceptable agreement to build up my fence can be reached, '0 order to restore the privacy of my townhouse and backyard. If such an agreement cannot be reached, I will unfortunately be back to "square one", and Will contact you at that time regarding the unresolved code lliolatlon. Once again, I am grateful for your assistance in this matter. ;7ffi--- David Crit<er Cc; Christian E. Picone, Berliner Cohen (via fax) L~~ tò 03/02/2005 16:23 408253'''13 CRITZER INSURANC. PAGE 83/84 NOT ON MLS- Luxuriously Updated rare 2BD/2M Townhome @ NonnPoil1t Page 1 of2 ww.w,çr¡¡igslist.org > ~ºµth bay> rcal.csta.te for ~c > NOr ON MLS- Luxuriously Updated rare 2BD12BA Tovmhomc:: @ NortbPoint Jut m(!¡Jíficd; Thu. 24 Feh I :\:40 PST please flag wid, care: [rni~c.togorize.dJ [problb,it¡;d (spam] [discussion) [best of] oman tþ~.ppst¡n~ tp a lTiend $625000 - NOT ON MLS- Luxuriously Updated rare 2BD/2BA Townhome @ NorthPoint (cupertino) ,." ......,,-.......-..----.-... ····_·,_..···.......H_.'~·... ..... ...._.........,.... Reply to: ¡ It9D~JI69844@c1aigsJist.org Date: 2005-02-24, 1:40PM PST This Townhome is rate 2 bedroom 2 bath end unit floorplan at Nortbpoint with two car garage, and patio. ComperabJe units in this complex that have not been updated have recently sold for $6] O,OOOK. Th.e Townhome has been updated throughout New Kitchen, Bathrooms, Master Bedroom Built in Entertainment Center with Surround Soulld. -New Rol! Up garage Door with Garage Door Opencr ·New Patio -All Dual pane windows, with dual pane sliding glass d(lors, and wood plantation sb.utters -Custom Maple Kitchen Cabinetry and Granite Slab Counters, with Tile .flooring. -Recessed Lighting with dimmers. -Vaulted Cei.lings. -New Perg" Throughout, Custom B<tscboard and Crown molding. -Bathrooms completely updated with built in deep medicine cabinets with outlets [Ot your rechargable tW.ors and touthbrushes. -Marb].. Inlays around entire bathroom, ShoWe¡- and tub and Window Enclosure. -granire counters and sinks and tiled floors. Too many details to list. All the finest quailty of materials and craftsmenship. You won't find a better home: at NorthpoÎ11t. Call Vince, REALTOR, for more InfonnatiCID 408-582-3272 and for private showing. http://www.eraigsJjst.org/sby/rfs/6]169844.htm I 3/2/200'> I :z 3 ~¡ 03/02/2005 16:23 408253'~13 CRITZER INSURANC'<" NOT ON MLS· Luxuriously Updated rare 2BD(2BA Towl1home (i4 NorthPoint :trÙ;~i~~~~:~~~¡ Map; homestead .t\J1d blue jay it's NOT ok to contact t!Us poster with services or other commerciaJ il1terests 61169844 ····_"..w,.^.,.......... . .". ,.,...-...._._q~".'.",....,' ."" .-."'."........................,..,,,......... Copyright iO 2005 craig,list tm11S of use privacy polícy feedþack forum ,w~__...,....,....". http:(/www.eraigslist.org/sby/rfS/6J I 69844.html PAGE 04/04 Page 2 of2 -.'." ""'," .",' Î/?I'M~ '2 3-d ;c FEB-0S-2005 11'52 BERLI NER COHEN 4089382577 P.02/03 BERLINER COHEN $AN'fOIW A. tin.1.fNi!Il" ^Nr¡~...I.. fABEIt. II:O~T W IiVNPIPJiYS 1UJ.PWJ.~WAN~ nQoY L SrIUNOOAY JOSBPH t.. ÞWOt..U, ~AMV~L 11>.lU A!.ANI. '1'/'i1IIu, ~~K.)tlJlHA~ UNO..... A. CAlJ.CoN JMt2S P. CAs~ ATTORN6YS AT LAW $TiViiN 1. CAßAI) NA}<rICY J. JO~Q1'J SOW Þ.. JWTON Roam L. CHO!l.TU ro"'A11tA.~ D. WOLF KAtHLe~ It. SIP1.E J.l.VJN ".lCØUJ y MARKUAKŒ...,a EmæYS.XA~ JOU¡ ROO$TQf\I ,. "....kTNtiUHIJ> '1'ItL\JDING 'ROf£S~JONAl CORPORATIONS TEN ALMADEN BOVlEVARD ELEVENTH nOOK SAN IOsn. (:AI.IfOKNlA ~SIl!.2233 TELCmONE: (<MIS) 28605800 FACSIMILE: (408) 998·~)sS www.bçJlinet.com "AU!. A. rUO$I IHClM,VI'.1IItfJI.mV NADrA v. HOLOJU 51t1AJ11 L SJœn.ER WlC:HAeL. VIOLANTI (:K/QßWrrI B. PlÇONB iJL&N", QNN8DY 'm~ BA..fOQIC tWtRVA.I,.OÞU )()¡OI .. DONI'NOUI SETtll COIqH MONICA J.t. ðOKOCMOn: CJ9IJSTINI It. I.QMJ DAVlDD WADE TftOlroIAS E. Z8EItSQJ.E uv ~ "'-'SSETT ~'I\L..\ZZOLO AARON M. VAUNTI SHr\NNONN. C'OOAN Cl.AIIUI~ONl ~11Þ.]" GaosS",",N ANDU\L' J CloaGl~1 ·A~ra.,ionaICOf'ØOrAlilm UTIk5Þ SAMU2L J C'OKiN ~lIthOmce - Wtrœd. c... Of COUN5ll IIUQH... ISOLA nf:VINL HAll(iJJM$ON UlC_ NANCY L. .tAN01' OiAaJ.ES W. VOLK February 8, 2005 VIA FACSIMILE AND U.s. MAIL Steven M. White, Esq. White & McDonald, LLP 99 Almaden Blvd., Suite 1050 SanJose,CA 95113-1601 Re: Critters and ChenINorthpoint Homeowners Association Our File No.: 13772-001 Dear Mr. White: My clients and I met with you in mediation on January 19th, under the premise !hat Mr. Enos' participatiQD was not required to resolve the window dispute. YOUr clients agreed to schedule a date for mediation Qnly under those conditiQns, since Mr. Enos has refused to participate in any meaningful process to rCSQtve the dispute, including mediatiQn with the City of Cupertino, the Northpoint HOA, and my clients. My clients came to mediation prepared with potential solutions that did not involve the participation o(Mr. Enos. The fU"$t of these, which would involve the Northpoint HOA moving the Critzcrs' gate and landscaping behind the Crit¡;ers' and Jowei Chen's fence, without in any way altering Mr. Enos' window, was presented by my clients in mediation and rejected by your clients. Your clients presented as their preferred solution that Mr. Enos' mastQ" bathroom window be replaced with an awning window with limited opening capability, and that you believed Mr. Enos would accept that as a solution. My clients agreed to your proposed solution, based on your clients representation that your cJienu believed Enos wQuld accept this. Your clients agreed to finalize the matter at the next Northpoint Homeowner's Association Board meeting. You infonned me that Mr. Enos' wife has died, and that he will be out of toWn until February 18th. You also infonned me that Mr. Enos has stated to you that he is inclined to reject \CEP\6277ð7.1 œ;¡11M·13772001 Post-It" Fax Note To C/6b Co.lDept. 7671 #01 ~ pages From Co, Phone # Phone # '2 Fax . -3'333 Fax' FEB-08-2005 11 : 53 BERLI NER COHEN Steven M. White, Esq. February 8, 2005 4089382577 P.03/03 the installation of a limited opening awning window, but will not give you a final answer until he returns on February 18th. While it is unfortunate that Mr. Enos' wife has died, Mr. Enos has already indicated to you that he is likely to reject the solution agreed to in mediation. Additionally, my clients still do not feel his participation is required to resolve this matter. My clients would like the Northpoint Board to live up to its agreement to resolve this at the February 8th Board meeting, by approving in addition to the agreement reached in mediation, an aJternative remedy that the Board will provide to my clients in the event Mr. Enos states he will not accept a limited opening awning window. My clienu' suggest that the Board approve the agreement reached in mediation subject to Mr. Enos acceptance, and also approve that in the event Mr. Enos does not accept, the Board will increase the height of my clients' fences, including new lumber in the Critzer's gate to extend the height a minimum of 18". By approving an alternative remedy, the Board will show' it is committed to resolving the matter with or without the participation of Mr. Enos, as they agreed to in mediation. Please let me know that you and your clients will proceed to resolve this in the manner I have described at the February 8th Board meeting. Very truly yours, B~ CHRISTIAN E. PICONE ¡¡-Mail: çep@be:rliner.com CEP:cp Cc: Clients Eileen MIlI11IY, Esq. \CEP\6W67. , 062104-1377200' TOTAL P.03 2.3-tLf BERLINER COHEN ATTORNEYS AT LAW SANFORD A. BERLINER· ANDREW L. FABER ROBERT W. HUMPHREYS kAUHJ.SWANSQN PEGGY L SPRlNGGAY JOSEPH E. DWOIlAK SAMuELL FARB ALAN J. PINNER FRANK R. UBHAUS . LINDA A. CALLON lAMES P. CASHMAN STEVEN 1. CASAD NANCY J, JOHNSON JEROLD A REITON ROBERT 1.. atORTEK. JONATHAN D. WOLF KATID..EENK..SIPLE KEVIN F. KELLEY MARJe MAKlBWlCZ IEFFRBY S. KAUFMAN JOUE HOUSTON A PAR.TNERSHIP INCLUDING PROFESSIONAL CORPORATIONS TEN ALMADEN BOULEVARD ELEVENTH FLOOR SAN lOSE, CALIFORNIA 95113-2233 TELEPHONE,(408)286-5800 FACSIMILE, (408) 998-5388 www.berliner.com PAULA. PEWSI THOMAS P. MURPHY NADIA V. HOWDER BIUAN L SHETl.ER MIŒAEL VIOLAN11 CHIUS11AN E. PICONE EILEEN P. UNNEÐY PBTER BAJOREK HARRY A. LOPEZ JOHN f. DOMINGUE SE'I1l J. COHEN MONICA B. BOkOCHOFF CHRISTINE H. LONG DAVIDD. WADe THOMAS E. EBERSOLE UV K. HASSETT LAURA PALAZzoLO AARON M. VALENTI SHANNON N. COGAN CLAIRE LENaONl JENNIFER L GROSSMAN ANDREW 1. GlORGlANNI ·A Probsional CcnponllÎDn RETIRED SAMUEL}. COHEN BnmchOfficc-Merccd,CA OF COUNSEL HUGH 1.. ISOLA STEVEN 1.. HAlLGIUMSON ERIC WONG NANCY 1.. BRANDT CHARLEs W. VOLPE February 8, 2005 VIA FACSIMILE AND U.S. MAIL Steven M. White, Esq. White & McDonald, LLP 99 Almaden Blvd., Suite 1050 SanJose,CA 95113-1601 Re: Critzers and ChenlNorthpoint Homeowners Association Our File No.: 13772-001 Dear Mr. White: My clients and I met with you in mediation on January 19th, under the premise that Mr. Enos' participation was not required to resolve the window dispute. Your clients agreed to schedule a date for mediation only under those conditions, since Mr. Enos has refused to participate in any meaningful process to resolve the dispute, including mediation with the City of Cupertino, the Northpoint HOA, and my clients. My clients came to mediation prepared with potential solutions that did not involve the participation of Mr. Enos. The first of these, which would involve the Northpoint HOA moving the Critzers' gate and landscaping behind the Critzers' and Jowei Chen's fence, without in any way altering Mr. Enos' window, was presented by my clients in mediation and rejected by your clients. Your clients presented as their preferred solution that Mr. Enos' master bathroom window be replaced with an awning window with limited opening capability, and that you believed Mr. Enos would accept that as a solution. My clients agreed to your proposed solution, based on your clients representation that your clients believed Enos would accept this. Your clients agreed to finalize the matter at the next Northpoint Homeowner's Association Board meeting. You informed me that Mr. Enos' wife has died, and that he will be out of town until February 18th. You also informed me that Mr. Enos has stated to you that he is inclined to reject 2"3 -t) ICEP'ô27767.1 062104·13772001 Steven M. White, Esq. February 8, 2005 the installation of a limited opening awning window, but will not give you a final answer until he returns on February 18th. While it is unfortunate that Mr. Enos' wife has died, Mr. Enos has already indicated to you that he is likely to reject the solution agreed to in mediation. Additionally, my clients still do not feel his participation is required to resolve this matter. My clients would like the Northpoint Board to live up to its agreement to resolve this at the February 8th Board meeting, by approving in addition to the agreement reached in mediation, an alternative remedy that the Board will provide to my clients in the event Mr. Enos states he will not accept a limited opening awning window. My clients' suggest that the Board approve the agreement reached in mediation subject to Mr. Enos acceptance, and also approve that in the event Mr. Enos does not accept, the Board will increase the height of my clients' fences, including new lumber in the Critzer's gate to extend the height a minimum of 18". By approving an alternative remedy, the Board will show it is committed to resolving the matter with or without the participation of Mr. Enos, as they agreed to in mediation. Please let me know that you and your clients will proceed to resolve this in the manner I have described at the February 8th Board meeting. Very truly yours, BERL~ ~) CHRISTIAN E. PICONE E-Mail: cep@berliner.com CEP:cp Cc: Clients Eileen Murray, Esq. \CEP\627767.1 062104-13772001 2 '3 -ð ~ 000021 BERLINER COHEN ATTORNEYS AT LAW SANFORD A. BERLINER- ANDREW L. FABER ROBERT w.IIUMPHIlEYS RALPHJ. SWANSON PEGGYt. $PIUNGGAY IOSOPIIE owawc: SAMUELL FAD AI.AN' J. PINNER FRANKl. UBHAUS LINDA A. CAu.ON JAMES P. CASIDIAN STEVEN J. CASAD NAN:Y J.1OHNSON ÆROI.D.. """"" ROBERT L 0I0R1EK JCIIfA11IAN D. WOLf KA'IIILEEN K. SU'LE IŒVIN F. IŒI.LEY MARK MAKIEWICZ JEFFItBY S. utlFMAN J(XJ¡¡HOOSTON A PARTNERSHIP INCLUDING PROFESSIONAL CORPORATIONS TEN ALMADEN BOULEVARD ELI!VENTIII'LOOR SAN JOSE, CALlRJRNIA 95113-2233 Tl!LEPHONE: (408) 286-5800 FACSIMILE: (408) 998-5388 www.berlincr.ocm PAUL A. PELOSI '1'1IC*U.S P. MURPHY NADIA V. HOL08ER BIIAH L SHETLER MICHAa. VI01.AHTJ CIRIS11AN E PICONE ED..I!ENP. kENNEÐY """" IWOREK HAltlty A. LOPEZ JOHNF. DOMINGUE SE11IJ.CCIHEN MOHICA B. BOROCHOFF 0ßUS11NE H. LOI<G Ð.\VIDD. WADE THCMAS E EBERSOLE uv It HASSEIT LAURA PALAZZ(LO MRONM. VALEH11 SHANNON N. COOloN a.AlRE LENCIOM ÆNNIfER L. GROSSMAN ANDREW J. GIORGIANNI ·A~CotpondoÐ REI1RED SAMUEL"DII'" January 17,2005 ""OOUNSEL HUOH L ISOLA SIEVEH L. HAU.CiRlMSON ElUCWONG NANCY L BRANDT CHARLEs W. VOLPE 8IWJcb OffICe - Mccœd. CA VIA F~CSIMILE TIffS DOCUMENT PElITAlNS TO AN OFFER TO COMPROMISE AS CONTEMPLA1ED BY CALIFORNIA EVIDENCE CODE SECTION 1152ANDIOR 1154 Steven M White, Esq. White & McDonald, LLP 99 Almaden Blvd., Suite 1050 SanJose,CA 95113-1601 Re: Critzers and ChenINorthpoint Homeowners AssociationÆnos Our Pile No,: 13772-001 Dear Mr. White: I am in receipt of your letter of January 13, 2005, regarding your desire to have a proposal from my clients prior to our mediation with the City of Cupertino Planning Dept. that is scheduled for January 19, 2005. . The City of Cupertino has proposed solutions in its November 10, 2004 letter to the Northpoint Homeowner's Association. My clients have previously proposed solutions in the fonn of non-opening privacy glass, an openable skylight, or a fixed exterior window shutter for Mr. Enos' unit. None of these solutions has been acceptable to the Northpoint Board. The Board's position has been that it is not liable in this matter and is willing to approve one-foot fence lattice for my clients, if my clients apply for it. Unfortunately, one-foot fence lattice will not solve the privacy intrusion into my clients' private yards and unit interiors. As I have indicated, my clients are willing to discuss solutions in mediation that would not involve the participation of Mr. Enos. If the Northpoint Bol\IÙ is concerned with the cost of mediation, the Board can propose a solution to my clients prior to mediation that would solve the privacy problem. Further, with the cost as a concern, I suggested that the parties meet with the mediator without counsel present, again your client rejected the proposal. Whether the proposed solution involves the participation of Mr. Enos or his bathroom window in any way, or not, it 'CEP'647196.1 011105-13772001 2 "3 ~õ7 000022 Steven M. White, Esq. January 17, 2005 should be fully enforceable, achievable and maintainable by the Board, and it should stop the visual privacy intrusion from Mr. Enos' window into the Critzers' and Jowei Chen's private yards and unit interiors in order to be acceptable to my clients. If you wish to respond with a proposed solution to this matter prior to mediation, please do so. If the proposed solution is acceptable to my clients, there will be no need to mediate. If the proposal is not acceptable to my clients, or if you do not submit a proposal to them prior to mediation, my clients and I will proceed to mediation on January 19th, and we hope you will choose to attend so that we can resolve this matter. Very truly yours, B~ ,-:> ~ CHRISTIAN E. PICONE E-Mail: cep@berliœr.com CEP:cp Enclosure ce: Eileen Murray, Esq, (Via E-mail) Ciddy Wordel (Via E-mail) Martin Eichner (Via E-mail) Clients ICEPI647196.1 011705-13772001 2 '3-8K RICHARD G. WHITE, INC. ROB D. MacDONALD STEVEN M. WHITE JAMES P. HILLMAN ,f RITE & MacDONALD, LLì.- ATTORNEYS AT LAW 99 ALMADEN BOULEVARD SUITE 1050 SAN JOSE, CALIFORNIA 95113-1 601 14081345-4000 FACSIMILE (408) 345-4020 January 13, 2005 CONFIDENTIAL SETILEMENT COMMUNICATION [Via Facsimile Only] Christian E. Picone, Esq. Berliner Cohen Ten Almaden Boulevard, Eleventh Floor San Jose, CA 95113-2233 Re: Northpoint Homeowners Association Your File No.: 13772-001 Dear Mr. Picone: In response to your offer for our respective clients to atteríd a mediation without counsel, please know that my client is unwilling to attend a mediation without their attorney present. Accordingly, I plan to be at any prospective mediation in this matter. As you know, we are tentatively scheduled to mediate this matter on January 19,2005. The Board has directed me to elicit from you the proposal that you plan to submit at the mediation beforehand. As we have discussed, if the proposal is unworkable from a legal standpoint or impractical without the cooperation of the Enos, that fact should be evaluated in advance of any mediation. My clients, as volunteered board members, are not interested in attending a mediation where no resolution of this dispute can occur. Additionally, they are reluctant to incur additional . attorney's fees in relation to a mediation without first knowing what reasonable prospect, if any, there is to resolve the matter. Accordingly, I respectfully request you forward your client's proposal or resolution to this dispute by January 17, 2005. Otherwise, I am not authorized to attend this mediation, nor will any representative of the Association be present. Thank you for your anticipated cooperation in this regard. ' Verytru1yyours, þ/J¡~ STEVEN M. WHITE SMW/nm 21~!1 Christian E. Picone, Esq. Berliner Cohen January 13, 2005 Page 2 of2 cc: Martin Eichner Project Sentinel 1055 Sunnyvale-Saratoga Road Sunnyvale, CA 94087 Eileen Murray."" Law Offices of Charles T. Killian 20410 Town Center Lane, #210 Cupertino, CA 95014 Ciddy Wordell City of Cupertino Planning Department 10300 Torre Avenue Cupertino, CA 95014 IIWhitcserverIIraIWPINorthpointIPicone 1-13-OS.doc 23 -1() 11/11/2Ø04 10:46 4082531213 CRITZER INSURANCE PAGE Ø2/02 David and Margaret Critzer 20282 Northcove Square Cupertino, CA 95014 November 11, 2004 Board of Directors (via fax) Northpoint Homeowners Association . 10880 Northpoint Way Cupertino, CA 95014 RE: 20272 Northcove Square window installation Dear Board Members: We are in receipt of the November 10, 2004 letter from Ciddy Wordell, City Planner for Cupertino, regarding the window installation at 20272 Northcolle Square. If you have not yet received the letter, you will soon. Please note that, consistent with our prior communications regarding this matter, we would expect to be involved in communications I discussions regarding a solution to this issue before any solution is fina.lized or implemented, in order to ensure any adopted solution is acceptable to all interested parties. We can be reached by telephone at (408) 973-1184, or by mail at the above address. p!JÝ David and Mar9aret Critzer Cc:Ciddy Wordell, City of Cupertino Planning Department 23-1{ 10300 Torre Avenue Cupertino, California 95014 Telephone: (408) 777-3308 }"AX. (-408) 777 ]]]] COMMUNITY DEVELOPMENT CITY ÖF CUPEIliINO November 10, 2004 Northpoint Homeowners Association 10880 Northpoint Way Cupertino, California 95014 Re: 20272 Northcove Square (property owner Jerry Enos) Dear Homeowners Association: I had intended to send this letter to you last week. Please excuse me if this is the second time I have sent it. It has come to our attention that a second story window was installed at the above address. As you are aware, the City consulted with the Northpoint Homeowners Association prior to approving a building permit for the window. I visited the area adjacent to the window, and determined that it creates privacy problems for property owners west of the window. The city relied on the Homeowners Association to consult with and represent the interests of all affected property owners. We would like to continue to work with the Homeowners Association representatives and the property owner, Jerry Enos, to determine options to improve the privacy situation. Improvements options could include installing obscure glass or louvers that prevent views out of the window into adjacent properties. Please contact me to determine the best course of action to address this matter. The City can help convene a meeting of interested parties, if there is a need for that. You may reach me at 777-3236. Thank you in advance for your cooperation. Yours truly, &itlL¡ 7»uu2JZÆ~ Ciddy Wordell City Planner Cc: Jerry Enos, 20272 Northcove Square, Cupertino, CA 95014 Eileen Murray, Assistant City Attorney G:planning/rnisc/Northpoint Homeowners Association 2. "3 -9.2.. Prinœd nn R<=>r>",../""..¡ D~..._. 1111612004 16:05 FA~ 406 777 "133 11/01/2004 61:03 4097773461 CITY CUPERTIND City Attorney @OOl1002 K ~/.t-E ~rl PAGE Ðl ....fToaNEYS ,... c. p".,' , Pœt-!r Fa~ Note T. 71i71 Dale F.... BERLINER Fb' 5A~"NaU'NII' -"oo~L-,,,eN WlJ..UAJ¡f t (iQINU. ~T"'1C'U'NftIIJI\'S 14lPH J. IWNOOM PEW,. '" IfI,INOOAT ~I.DWOIAK ~L1Ml A.LAN " QlI4I. JaAHKI.UlHM.II 1.J.MM .4. (:.w.Qt' J....cI$P.CÞrIHM;.:.I JRV5N J. CASAD ICANI:Y J. JOKNJOfII IØ(¡.¡>.. ...- l08fiUL OIœTn JOfI,,1)IM p, wou- 1.A'7tcU:IH".~ aY1"".~ NAlliIl.MtfJaI'fIIICZ ...y~~ >OUII *XJSroN ~ ',n,TN~"Hn:o 1 nOfiSJIONAI.o COI tJ!N ....~ 10lfT.r.V AIm ELI!v£II11I !'LOOP. SAN JOSI!.CA1JI'OIINIA 9$113-22>3 1'&U!I'IION~ (408) 216-'800 PACSIMJU: (008) 99!J·'3" www.1ta"1iue:r.çom "IAN L SJ.ŒJ'l.l>~ MIO(A,þ,. VlQLAf'CT1 ou.atnArf II. P1C0I'IE £U6N P. XRfo1N5ÞY rnu 'No-I" M.."nA.. LOnz JQHN 13. DQtofINcu. Wß4'J. ~tN T1'CMAS Ii, i ,'l~SUw.; LtVK.!04þJ1!£'n' l.J,.iIJIt"'rN,.~) Ai\It<:»4M. ....AtDm ,tI"''''I'f'ONH.çOla.,., ('\AI~L.tN\~ 15f'IN1FiÞ:'-~a.ocsW.,u.l .¡'~c.,.a. ......... MNW&.I. c;OØ\'I ~('CVN5U. 1·lJÇfil.~ ITIVUt ¡., NAU..Ø"'MSON 'AICWOt<IG trW«:Y 1... 1~.vIOT ClfNliASVt, YOI.I'P. ""OIM-""" CA Se~berZ8,2004 Charles Kilian, Esq. City Anomey City of Cupenino 10320 South DeAnza Blvd Ste 1D Cupmîno, CA 9S014 Critzer!Enos ''VioJåtion'ofMi1nicip¡il Cò<k §§19.44.060 and 19.44.080 zo27zNòithCovè SQuiiie.CuPenirio, CA 9S014' '. 6\¡¡- pjie Nb.:· 1-3772-001' . . . Dear Mr. Kilian:' Re: Berliner Cohen rep¡:esents David and Margaret Critzer. My clients res de II 20282 NOTIhcove Square, Cupeltino, CA 95014. RecenUy their neighbor, Jerry Enos. wh<:se address is 20272 N<n1hÇQve SqUaRO. Cupertino, CA 9~14, installed a clear glass bathroom ,,·jndow in his unit where previously there was jusl a solid wall. This window constitutes a visual pt!vacy inU\lsion. i.e. a !luisanee. Mr. Er os added the window to his dwelling in violation of Cupertino's single family cluster zones (RIC). Mr. Enos did not fono~ code MOtions 151.44.060 IJ C\ 080 when he obtained a pelTnit for the modification. ''The relationship between adjoining units shall be designed in such a manner sO as to pæclude visual intrusion into...in1eriox apac6$_" My clienb had no notice 0 input in the decision. My clients have demanded that Mr. F..nos remove !his window because it " iolates code. Mr. Enos refulIeII to remove his window. ~, My ClitlÌ~' ~c!n1~ ió·.~eek 'regre~s from the Northpoinl Homeowners i!'ssociation it WILl fruitJeu. M)'~li~riis:nc!~(Q~~a0t8d'cÒdli'E'¡{drc'ement and unfortunately the) were told to close their drapes: Once iÌJv'ol~ij, I C011teÇted' COde EnfOIi:ement and was politely nformed that 'ŒN38II$t.1 1JQI8I &.1i1T71Ø01 1.-3-tJ 11/18/2004 18:08 F~X 408 777 ~'33 ll/ð1l2004 61: ~3 4Ð8777, Jl CITY CUPERTIN') K . City Attorney 1Ø002/002 PAGE 02 Charles Kilian, Esq. City Attorney September 28. 2004 city zoning and code enforcement did nOI apply to RIC zones. I dhagru as Ijl £ 19 cl(::arly applies to the NorthpQinl buildings. I re< \IIIst Wat your office look into this matta- to determine whewer this wíniow violates Cupertino', Ordinance Code and. if so, reqwJ:e that Mr. EMS ~mo"e the window. If you have any questions or would like to discuss this matter. plea.se contact '1"1(::. Very truly your¡;. BElUJNER COHEN ~~ CHRISTIAN B. PICONE E-Mail; .",,(fberliner..orn CEP:jk Cc: Clients \1:_.1 OIIfII!O<-': 772OI 1 23-11.{ City of Cupertino 10300 Torre Avenue Cupertino, CA 95014 (408) 777-3223 CITY OF CUPERJINO APPEAL 1. Application No. N/A (Re: Window installation at 20272 Northcove Sq.) 2. Applicant(s) Name: See below (same as Appellants) Phone Number David and Margaret Critzer. by James J. Eller. Esq. Eller & Associates 60 S. Market Street, Suite 1201 San Jose, CA 95113 (408) 299-0180, fax (408) 271-0754 3. Appellant(s) Name: Address Email ielleresqía),aol.com 4. Please check one: , Appeal a decision of Director of Community Development Appeal a decision of Planning Commission 'I Appeal a decision of the City Manager 5. Date of determination of Director or mailing of notice of City decision: Julv 13. 2005 6. Basis of appeal: See attached letter from Eller & Associates. Eller & Signature( s) Please complete , inc Be appeal fee of $145.00, and return to the attention of the City Clerk, 10300 Torre Avenue, Cupertino, (408) 777-3223. [Appeal fee not applicable per email from Kimberly Smith dated July 19,2005 attached hereto.] 23-'1:) y.¡hoo! Mail- dsgonzale6@yahoo.com Page I of I YAgOOr"MAIL Print· Close Window Subject: appeal fee for appeal re 20292 Northcoast Square Date: Tue, 19 Jul 2005 15:50:47 -0700 From: "Kimberly Smith" <Kimberlys@cupertino.org> To: dsgonzale6@yahoo.com Hello Mr. Gonzales, There is no appeal fee in this case. Kimberly Smith Cupertino City Clerk (408) 777-3217 kimberlvs@cupertino.orq > > > > > > > > Hello Mr. Gonzales, > > Here is the appeal form you requested (see attached). > > . « File: Appeal form. doc » > Someone from my office will contact you in the next day or so to let you know if there is an appeal fee for appealing the decision of the city Manager. . > > > > > > -----Original Message----- From: Kimberly Smith Sent: Tuesday, July 19, 2005 3:39 PM To: 'dsqonzale6@vahoo.com' Subject: appeal form re 20292 Northcoast Square Kimberly Smith Cupertino city Clerk (408) 777-3217 kirnberlvs@cupertino.orq 7- "3 -710 http://us.f518.mail.yahoo.comlymlShowLetter?box=Critzer&MsgId=8588 _ 8696613 _3107... 7/20/2005 i .,',...",..\ 1/ ,;::\t.'" ~" r:· , ,~~j CITY OF CUPERJINO City of Cupertino 10300 Torre Avenue Cupertino, CA 95014 (408) 777-3223 APPEAL I. A¡nplication No. 2. Applicant(s): 3. re;;\- ~ :20!).'6d-. Noýfhc.ovB C,u-:pif"hno, QA q6Dl 400-"1 13- 1l~4 IY\Q.RJ í2El2@ ¡(Pt-Æ~ .CbM Appellant(s): name, address, phone number, an<ì email 4. Please check one: ~. Appeal a decision of Director of Community Development o Appeal a decision of Planning Commission 5. Dat!e of determination of Director or mailing of notice of City decision: Ap~\ \ 27-Mì 2COb 6. Basis of appeal: 6e6 A-+tctcJt¿d Signature(s) -----' - Please complete form, . elude appeal fee of$145.00, and return to t e attention ofthe City Clerk, 10300 Tone Avenue, Cupertino, (408) 777-3223. Exhibit A 2~-1Î David and Margaret Critzer 20282 Northcove Square Cupertino, CA 95014 Jowei Chen 20292 Northcove Square Cupertino. CA 95014 May 10, 2005 Mr. David Knapp City Manager City of Cupertino 10300 Torre Avenue Cupertino, CA 95014 Dear Mr. Knapp, We are writing to request a meeting with you to appeal the decision of Cupertino's Director of Community Development, Mr. Steve Piasecki, in the atta(:hed letter postmarked April 27, 2005 (Attachment A) and received by us on April 28, 2005. Mr. Piasecki states in the letter that the City will have no further involvement in the matter of a second story master bathroom window1 installed in a previously windowless, wall of the townhouse neighboring and directly east of our home in the Northpoint townhouse development. The second story window was installed in the townhouse belonging to Mr. Jerry Enos at 20272 Northcove Square. The window was installed with nO advance notice to us, and is a nuisance that violates Cupertino Municipal Code Title 19. Additionally, Mr. Piasecki states that the Northpoint Homeowners' Associations' offer to pay up to $200 to replace the glass in Mr. Enos' window with obscure glass is "an acceptable compromise". We disagree and that is the reason we contacted the City to begin with. We contacted the City Attomey last September, asking him to investigate the window installation because it violates RIC code (see attached letter from Berliner Cohen dated 9-28-04 - Attachment B). The installed window contains transparent glass, slides open for ventilation, and is installed so that the entire dimensions of the window are at a height directly above the top of our backyard privacy fence. The window is in a direct alignment witih our rear living room windows (Mr. Enos himself has stated the window is "dead on"), and affords Mr. Enos a clear view through the entire depth of our previously private living space and backyard from the master bathroom of his residence. Despite Mr. Enos' ass!'!rtion early on that he "cannot see us", shortly after the installation of the window, Mr. Enos returned 1 This is the only master bathroom window in 416 units. '2 "3 -q f · Page 2 May 10, 2005 a wave from Margaret Critzer as she was standing in her living room. It is not possible to prevent the visual intrusion with landscaping because the line of sight of the window is directly over our fence gate and there is a concrete walkway under the gate. The Northpoint development is zoned RIC on the Cupertino zoning map. Cupertino Municipal Code section 19.44.060 (Chapter 19,44 - Residential Cluster Zonesl) states: "the relationship between adjoining units shall be arranged in such a manner so as to preclude visual intrusion into private outdoor yards or interior spaces." "Private outdoor space shall be provided for each unit..." Section 19.44.080 states: "... no structure shall be hereafter erected, structurally altered or enlarged in a residential cluster zone, otherwise than in conformance with the following provisions." Additionally, the Cupertino General Plan policies state: "ensure that the site design for a residential project has private indoN and outdoor spaces for each unit..." The window installation violates Cupertino Municipal Code Title 1 9, ancl therefore constitutes a nuisance under Cupertino Municipal Code Title 1. Because of 'the impact on our privacy, and the comfortable enjoyment of our property, it also constitutes a nuisance under California law. Great care was taken in the initial desiign of the Northpoint development, and extensive common area landscaping was install$d and has been painstakingly maintained in the development for the enjoyment of the residents and to ensure privacy, specifically for the backyards and rear living area windows; the space now impacted by the window was the private space in our home prior to tlhe window installation. The window installation forces us to choose between accessing daylight, fresh air, and a view of our backyard and the common area landscaping, or keeping our blinds closed at all times to prevent Mr. Enos from viewing into our home. The City has an obligation to enforce municipal code and to cause the window to conform and comply with municipal law. '2 3~11 . Page 3 May 10, 2005 The window contains two distinct sections of glass and slides open for ventilation. Even if the panes of glass were replaced with obscure glass, it would not afford us any control over when we have privacy and when we do not, as the window can be opened at any time by Mr. Enos; this concept is clearly expressed in Cupertino's R1 privacy planting ordinance, which states that the only windows exempt from privacy planting Me: · Obscure, unopenable windows · Windows with fixed louvers · Windows with a sill height of 5 ft. or higher Thus, the City has clearly codified in R1 zoning the standards for second story window installations to realize the goals stated in the privacy protection policies of tile General Plan, and has codified that an equivalent protection should apply in R1C dewelopments through code section 19.44.060 (i.e., "precludes visual intrusion...."). (The Merriam- Webster online dictionary defines "preclude" as "to make impossible by necessary consequence: rule out in advance"). A sliding openable window clearly does not "preclude visual intrusion". Mr. Piasecki's position that replacing the glass in the existing window is an "'acceptable compromise" is also inconsistent with my November 15, 2004 telephone cQnversation with Assistant City Attomey Eileen Murray. Ms. Murray stated that the in~ent of the November 10, 2004 (Attachment C) letter from Planner Ciddy Wordell to the Northpoint Homeowners' Association was that if obscure glass were installed, it would be non- openable privacy glass; Ms. Murray stated that she asked Ciddy Wordell about this and had told Ms. Wordell that she would see no point in openable privacy glass being installed. The window was installed with no advance notice to us that the exterior alteration was being considered or had been approved. Although the Northpoint Board of Directors considered and approved the modification at an open meeting of the Board, no notice that consideration of an alteration that would impact our privacy and the oomfortable enjoyment of our home was given to us, and no agenda was posted in adv~lnce of the meeting. Under the Brown Act and other provisions of law, advance notice that a modification to property will be considered at an open meeting is required to be provided to City residents possibly impacted by the proposed modification; an agenda of the meeting is required to be posted in advance. The opportunity to provide inpu~ only after the approval and installation of a modification does not in any way equate tø advance notice or to the ability of an impacted resident to give advance input prior to a governing body's consideration of a modification. Shortly after the window was installed, on or about March 9, 2004, Margaret Critzer called the City Building Department and spoke to Sue, who incorrectly told her she could not file a comþlaint about the window because the City approved it bas<=d on the 'b j-(()o · Page 4 May 10, 2005 Homeowners' Association approval. On May 17, attorney Christian Picone sent a letter to Cupertino Code Enforcement and was also incorrectly informed by Gary Chao of the Planning Department that City zoning! and code enforcement do not apply to RIC zones (Attachment D). As Mr. Piasecki's letter states, the City arranged a Project Sentinel mediation after the issuance of Ciddy Wordell's November 10, 2004 letter. In attendfmce were representatives of the City and the N:orthpöint Homeowners' Association, us, and each parties' attorneys, The mediator's opinion was that the only meeting notice we received, which was a monthly event calendar stating the time and date of the regular monthly Board meeting and with no agenda, was completely inadequate notice of the proposed window installation, An agreement was reached that the Northpoint Board would install an awning window containing obscure glass and with a limited opening capability in Mr. Enos' unit Mr. Enos did not attend the mediation, so the advance premise of the mediation was to discuss modifications to restore privacy that would not involve his participation. The Northpoint Board suggested the awning window, in preference to proposals we presented that would not involve Mr. Enos' window, and represented that they firmly believed this was a solution requiring Mr. Enos' participation that he would be agreeable to. After the mediation, Mr. Enos refused to accept installation of the awning window, and instead attempted to clandestinely sell his townhouse from an Internet site, not on the multiple listing seNice and without any "For Sale" signs. Thlis became apparent to Margaret Critzer, while in her living room, as she obseNed throug~ Mr. Enos' bathroom window that potential buyers were touring his property. At no time during the mediation was there any consideration by the intereste¢l parties of placing obscure glass into Mr. Enos' existing window. When we learned that Mr. Enos would not accept the limited opening awning window, we proposed to the Northpoint Homeowners' Association that they increase the height of our fence in orde~ to restore our privacy, without altering Mr. Enos' window; the Northpoint Homeowners' Association refuses to increase our fence height or to allow us to do so (the Homeowners' Association owns the fence). The City appears to be retreating from its duty to enforce the municipal code, in part because Mr. Enos was issued a building permit by the City for the windmv. As the building permit states, it does not entitle the holder of the permit to violate municipal code. Therefore, the window installation is not legal even if the builçling r~ermit was obtained through a valid process. Additionally, Mr. Enos stated on the owner-builder verification he signed to obtain the permit, that he or an immediate member of his family would perform the window installation and that the total installed cost of tltie window would not exceed $200. It is our belief that Mr. Enos actually used a contractor or workers of some sort to perform the installation, as David Critzer witnessed one of the workers, who were present for several weeks at Mr. Enos' residence performing an extensive Interior remodel, leaning through the opening cut in the exterior wall of Mr. Enos' unit after the wall was opened and before the window was installed into the 2')-/0/ · Page 5 May 10, 2005 opening. This was our first indication that the window would be installed, If he did use a licensed contractor. Mr. Enos was required to provide the contractor's state license number on the permit application; if the workers were not licensed, the buil€Jing permit application states that a worker's compensation Certificate of Insurance needed to be on file at the City of Cupertino Building Department. Additionally, it is our belief that the total cost of the window and installation including the opening of the wall, the stuccö repairing, and the installation and painting of wood trim on the wall would have exceeded $200. The permit application listed the "occupancy group" as R-3; the Northpoint dEwelopment is zoned RIC on the Cupertino zoning map. If "occupancy group" determijnes which zoning ordinances apply to the subject property, there may be an error on the application, or in the planner's review of the application. These are issues the City should investigate and resolve to its satisfaction before it withdraws from this matter, based partly or entirely on a belief that Mr. Enos has a valid building penmit for the window. Mr. Piasecki stated the City issues building permits relying on the Homeowners' Association to represent the interests of all parties; the Homeowners' Association clearly did not represent the interests of all parties in this case. The Northpoint Homeowners' Association has not responded to Ciddy Wordeil's April 11 letter requesting that the Association contact her and inform her how they plan to resolve this matter. Eileen Murray informed me that Northpoint's attorney stated that the Northpoint Board does not want to increase our fence height because declinBition by the Board of similar requests from members of the Association may be deemed "arbitrary". This is a ludicrous assertion by the Northpoint Board, given the code violation that the Board has approved and the City's requests for property improvements to restore privacy, The City should not accept this as a reasonable response from the Northpoint Board when the Board will not agree to any other acceptable remedy. We believe Cupertino Municipal Code Title 19 and/or Title 1 give the City the authority to require the Homeowners' Association to increase our fence height. Additionally, we believe Mr. Enos may represent a risk to our personal safety; he is certainly not someone we want viewing into our home at times of his choosing from his master bathroom. See Attachment E. It is incumbent upon the City to perform its duty to enforce municipal code sind require either the Northpoint Homeowners' Association, Mr. Enos, or both parties, to bring the modification into compliance with Cupertino's RIC code and the General Plan policies on privacy, and in a manner that affords us control of our privacy in the previoulsly private indoor and outdoor spaces of our home. The restoration of privacy needs to be accomplished consistent with Cupertino's extensive history of protecting the prlivacy of its residents to afford us equal protection under the municipal code, and consistent with the character of the Northpoint development. At a minimum. possible solutiohs the City could require are Installation of a window with unopenable, obscure glas:s or fixed louvers; a reconstruction. of our fence in the manner we proposed to the Northpoint Board; or the limited opening awning window agreed to in mediation. 2. 3-/D .L · Page 6 May 10,2005 An openable, sliding window does not achieve a result consistent with the zoning ordinance intent or language, and therefore will not bring the window installation into compliance with municipal code, The City should not vacate its duty to consistently enforce code simply because Mr. Enos obtained a building permit for his wiMow. The purpose of zoning is to provide predictability concerning the use of neighborir1g property; to enhance property values and the comfortable enjoyment of property; to minimize nuisances, and to implement community goals as described in the general plan. Those purposes are undermined if the zoning ordinances are not enforced. We look forward to meeting with you to discuss this further. Sincerely, tf </11/1~./ ~., fi # jl~!1¡¿: ~ avid Cn er, Marg et Critzer, an Jowei Chen cc: Mr. James J. Eller, Esq. 2'3 -10] City Hall 10300 Torre Avenue Cupertino, CA 95014-3255 Telephone: (408) 777-3223 FAX: (408) 777-3366 kimberlys@cupertino.org I F CUPEIQ1NO OFFICE OF THE CITY CLERK SUMMARY Agenda Item No. z... '1 Meeting Date: September 6, 2005 SUBJECT AND ISSUE Receive resignation from Fine Arts Commissioner Martha Bills, and direct staff to initiate the process to fill the unscheduled vacancy. BACKGROUND Commissioner Martha Bills notified she has submitted a letter of resignation effective September 1,2005. This creates an unscheduled vacancy with a term ending January 2009. There are nine applications on file, up to a year old, from people who had expressed an interest in serving on the Fine Arts Commission, and they will receive specific notice of the new vacancy. RECOMMENDATION: Staff recommends that City Council chose one of these options. A. Post a vacancy notice and recruit for the vacancy immediately. In that case, staff recommends an announcement in the October issue of the Cupertino Scene, a filing deadline of October 7, and an interview date of October 18 at 6:00 p.m. (prior to a City Council meeting). B. Include this vacancy in the annual recruitment process. Announcements are made in the November and December issues of the Cupertino Scene, the filing deadline is December 23, and interviews will be held in mid-January. Submitted by: Approved for submission: ¿{.:.ck<-~~ Kimberly Smi City Clerk ~ David W. Knapp City Manager Printed on Recycled Paper 2-l{ -I i ,I ~r,,~ ì CUPEIQ1NO PUBLIC WORKS DEPARTMENT Summary AGENDA ITEM 2-5' AGENDA DATE September 6.2005 SUBJECT AND ISSUE First Reading of Ordinance No. /9 b~: "An Ordinance of the City Council of the City of Cupertino Amending Cupertino Municipal Code, Chapter 14.04, Section 14.04.230, Relating to Street Improvement Requirements, Exception Based on Less Than Twenty- Five Percent Expansion of Existing Floor Area." BACKGROUND Currently, the Cupertino Municipal Code allows for an exception to street improvement requirements normally required for a building permit for alterations, improvements, and repairs to an existing structure if the cost of the alterations, improvements, or repairs in a twelve-month period is less than twenty-five percent of the value of the existing structure. The fees associated with planning and building permits and entitlements are based on the square footage of the improvements rather than on the basis of the cost of the improvements. It is inconsistent for the exception rule for the public works improvements to be based on valuation rather than floor area. Using building valuation as a measure on which to make that exception is also a more cumbersome method, because currently, the value of the existing structure being proposed for alteration, improvement, or repair is determined from the assessor's roll, which, in turn, is based on the year that the property was last transferred. This results in widely varying valuations of existing improvements, depending on whether the property was last transferred thirty years ago or thirty days ago. Requiring current appraisals would be both time and cost prohibitive. In addition, the value of the improvements can vary widely depending upon the types and quality of improvements made and material and appliances used. Printed on Recycled Paper 2)-{ The proposed amendment to the street improvement ordinance would change the basis for granting the exception from the relative cost of the alterations, improvements, or repairs to the relative increase in floor area over the floor area of the existing structure. In summary, if the alterations, improvements, or repairs in a thirty-six month period constitute less than a twenty-five percent increase over the existing floor area of the structure involved, the building permit would qualify for the exception to the street improvement requirements. In addition, in the case of multiple existing buildings or structures on a parcel, the existing floor area of each building or structure would be considered separately in calculating the increase in floor area. A detached garage that is the principal garage for a habitable structure would be considered a part of the habitable structure. In conclusion, basing the qualification for an exception to the street improvement requirements on the relative increase in floor area will lead to a more uniform and arguably more fair application of the exception. The proposed change will also provide consistency with current planning fee calculation in that both those fees and the trigger for street improvement requirements will be based on increase in floor area undertaken by a development. FISCAL IMPACT The fiscal impact is estimated to be minor. STAFF RECOMMENDATION Staff recommends that the City Council conduct the first reading of Ordinance No. ¡q&(¡, : "An Ordinance of the City Council of the City of Cupertino Amending Cupertino Municipal Code, Chapter 14.04, Section 14.04.230, Relating to Street Improvement Requirements, Exception Based on Less Than Twenty-Five Percent Expansion of Existing Floor Area." Submitted by: Approved for submission: ~a~U(J Uif- Director of Public Works ~ David W. Knapp City Manager '2.)- :L DRAFT ORDINANCE NO. 1966 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CUPERTINO AMENDING CHAPTER 14.04, SECTION 14.04.230 OF THE CUPERTINO MUNICIPAL CODE, RELATING TO STREET IMPROVEMENT REQUIREMENTS, EXCEPTION BASED ON LESS THAN TWENTY-FIVE PERCENT EXPANSION OF EXISTING FLOOR AREA THE CITY COUNCIL OF THE CITY OF CUPERTINO DOES HEREBY ORDAIN that Chapter 14.04, Section 14.04.230 D. be amended to delete the following: D. Except where the contemplated improvements and use of the property in question will result in an immediate danger to public safety, as determined by the City Engineer, where the cost of the contemplated additions, alterations or repairs to any existing building or structure will not, during any period of twelve months, exceed twenty-five percent of the value of existing improvements as determined by the building official based on current per foot value of the proposed structure to the existing structure value on a parcel of property, then any permit required in connection therewith shall be exempt from application ofthe provisions of this chapter. For the purpose of this section, the value of existing improvements shall be deemed to be the estimated cost to rebuild the improvements in kind, which value shall be determined by the building official. (Ord. 1094, (part), 1981) THE CITY COUNCIL OF THE CITY OF CUPERTINO DOES HEREBY ORDAIN that Chapter 14.04, Section 14.04.230 is amended to add the following: D. Except where the contemplated improvements and use of the property in question will result in an immediate danger to public safety, as determined by the City Engineer, where the contemplated additions, alterations or repairs to any existing building or structure will not, during any period ofthirty-six months, constitute a twenty-five percent or greater increase in the floor area of the existing building or structure, as determined by the building official, based on the floor area of the existing building or structure at the beginning of the thirty-six month period, then any permit required in connection therewith shall be exempt from application of the provisions of this chapter. In the case of multiple existing buildings or structures on a parcel, the existing floor area of each building or structure shall be considered separately in calculating the increase in floor area. A detached garage that is the principal garage for a habitable structure shall be considered a part of the habitable structure. (Ord. 1094, (part), 1981) 2.,)-] Ordinance No. 1966 2 INTRODUCED at a regular meeting of the City Council of the City of Cupertino this 6th day of September 2005, and ENACTED at a regular meeting of the City of Cupertino this day of , 2005 by the following vote: Vote Members of the Citv Council AYES: NOES: ABSENT: ABSTAIN: ATTEST: APPROVED: City Clerk Mayor, City of Cupertino 2")-1-( I ............. . 'ií\~~' <-,- H'T, . City Hall 10300 Torre A venue Cupertino, CA 95014-3255 (408) 777-3354 FAX: (408) 777-3333 CUPEIQ1NO PUBLIC WORKS DEPARTMENT Summary AGENDA ITEM 2~ AGENDA DATE September 6.2005 SUBJECT AND ISSUE Ordinance No. (~~1 : "An Ordinance of the City of Cupertino Amending Chapter 9.18 of the Cupertino Municipal Code: Stormwater Pollution Prevention and Watershed Protection, Revising Storm Water Pollution Prevention Requirements for Land Development Projects." BACKGROUND The San Francisco Bay Regional Water Quality Control Board (Regional Board) issues National Pollutant Discharge Elimination System (NPDES) permits that stipulate water quality requirements for discharges to waters of the State. In 1990, the Regional Board issued a joint NPDES permit to the Santa Clara Valley Nonpoint Source Pollution Control Program (Program), consisting of 13 Santa Clara Valley cities, the County of Santa Clara, and the Santa Clara Valley Water District, for discharge of storm water to local creeks and the San Francisco Bay. The permit required the development and implementation of an Urban Runoff Management Plan (Plan) containing control measures to be implemented by municipalities, residents, and businesses to reduce storm water pollution. The Plan identified best management practices (BMPs) for storm water pollution control, public outreach and education programs, and local inspection and enforcement activities designed to improve storm water quality. Past NPDES Permits The Regional Board's regulation of storm water discharges has been based upon the development and implementation of BMPs, as contrasted with specification of numerical discharge standards. The Program entities have worked to continuously improve their urban runoff management plans over the years to control pollution "to the maximum extent practicable," based upon improvements in available technology, improved identification and understanding of critical pollutants, and practical experience with various BMPs. The Regional Board issues a new NPDES permit every five years, each time redefining what is required to satisfy the standard of controlling storm water pollution "to the maximum extent practicable." A second NPDES permit was issued to the Program in 1995. The Regional Board approved the Program's third NPDES permit during 2001. The revised permit (typically referred to as a "C-3" permit in reference to Provision C-3 of Order No 01-024 of the San Francisco Bay Regional Water Quality Control Board) requires further efforts by the 1- ~ -{ Printed on Recycled Paper Program and the co-permittees to control storm water pollution. The key new provisions of the revised permit involved requirements imposed upon land development and redevelopment proj ects. The revised NPDES permit focused primarily on the potential impacts of land development and redevelopment on storm water quality and established new requirements intended to mitigate those impacts. The Regional Board has deemed land development activity as a significant potential pollutant source in the region, threatening the water quality in local creeks and San Francisco Bay. In the fall of 2003, the City Council approved revisions to the City's Stormwater Pollution Prevention and Watershed Protection Ordinance requiring projects that create or replace one acre or more of impervious surface to incorporate treatment measures and other appropriate source control and site design measures into projects to reduce pollutant discharges. This category of projects is referred to as Group 1 in the proposed ordinance, to reflect Regional Board permit language. Current Proposed Ordinance Changes In accordance with recent amendments to provisions of the permit, the proposed ordinance extends the applicability of the storm water regulations to smaller-sized projects and creates new requirements that address the potential impacts of development on the health oflocal creeks. The proposed ordinance modifies the City's existing municipal code, Chapter 9.18 to comply with the Regional Board's new regulations in three ways: · The ordinance lowers the impervious surface threshold for compliance with the regulations. (The current threshold of one acre or 43,560 square feet is lowered to 10,000 square feet.) · The ordinance also creates an exemption for several specific land development activities, i.e., certain types of projects, such as a single-family home, which is not part of a larger common plan of development, sidewalks and routine roofing and pavement maintenance are exempt from the requirements. · The ordinance establishes new requirements for hydromodification management in order to control the potential for increased erosion in local creeks caused by land development activity. Hydromodification is defined as "changes to the storm water runoff characteristics of a watershed caused by changes in land use." Change to Criteria for Compliance with Storm Water Pollution Prevention Regulations Under the existing regulations, land development projects that create or replace one acre (43,560 square feet) or more of impervious surface must comply with the storm water pollution prevention provisions ofCMC Chapter 9.18. . 2& ~ :L The proposed ordinance would lower the compliance threshold to 10,000 square feet for certain specified land use categories that have a higher potential for storm water pollution, such as gas stations, wrecking yards, loading docks and surface parking lots. This category of proj ects is referred to as Group 2A. (Group 2B projects, i.e., those with more than 10,000 square feet in all remaining land uses, may be added to permit requirements when a regional permit, applying to all counties in the Bay Area, is adopted, which is expected sometime next year). H ydromodification The proposed ordinance also establishes requirements for hydromodification management measures to be incorporated into specified land development proj ects. This new set of requirements is being established in accordance with a provision in the Program's 2001 NPDES storm water permit. As noted above, hydromodification is defined as "changes to the storm water runoff characteristics of a watershed caused by changes in land use. Hydromodification can increase the velocity, volume, and duration of storm water runoff and intensify sediment transport. These changes increase the erosion potential of the receiving watercourse. Problems resulting from hydromodification include channel scouring, bank undercutting, and channel widening and deepening." Hydromodification Management Plan Hydromodification management measures are control measures incorporated into development projects in order to reduce storm water runoff so as to not cause increased erosion in the receiving stream as compared to the pre-project condition. In accordance with the 2001 NPDES storm water permit, the Program retained an engineering consultant to develop a Hydromodification Management Plan (HMP) for the Santa Clara Valley. The consultant has worked cooperatively with Program staff, member agency staff, and Regional Board staff over the past three years to produce a scientifically based, cost-effective plan. The HMP was approved by the Regional Board at its July 20, 2005 meeting. The ordinance references the HMP, which contains a management standard and a set of performance criteria that define the measures to be taken to effectively control hydromodification.· The HMP describes a procedure to be followed by designers to identify the potential impacts of a land development project and defines the criteria to be used to design the holding basin or other equivalent measures required to detain the increased storm runoff resulting from the project. The HMP also contains provisions that allow a land development permit applicant to contribute to the funding of an off-site hydromodification control measure, if available, where construction of an on-site measure is deemed impractical (i.e. where the cost of the on-site flow control measure would exceed 2% of the project construction cost). The NPDES permit only requires hydromodification controls for large development projects that discharge storm runoff to creeks susceptible to erosion. As a result, the HMP contains an extensive set of conditions under which projects are exempt from the controls. Based on the nature of the allowable exemptions, the HMP requirements are expected to have a minimal impact on projects in Cupertino due to the minimal number of large-scale development projects expected in the future. 21o~) FISCAL IMPACT Initial evaluations indicate that the new storm water requirements may increase design and construction costs by as much as two percent for developers whose projects must comply with the ordinance. Adoption of the ordinance is not, however, expected to have a significant impact on land development activity in Cupertino, since there will likely be relatively few developments that will be subject to the revised ordinance conditions. With respect to City costs, enforcement of the proposed ordinance will require additional effort by Public Works and Planning staffs during permit review. The need for additional staff is not anticipated at this time, due to the few number of developments anticipated requiring these revIews. SCHEDULE Once enacted by the Council proposed for the Council agenda of September 20, 2005, the new provisions would be applicable to permit applications not deemed complete by the City on or after the effective date of the ordinance, October 20, 2005. This implementation schedule is consistent with the revised NPDES permit, which requires the co-permittees to begin enforcing the new development-related storm water pollution prevention requirements by October 20, 2005. RECOMMENDATION Staff recommends that the City Council conduct the first reading of Ordinance No.12.It1"An Ordinance of the City of Cupertino Amending Chapter 9.18 of the Cupertino Municipal Code - Stormwater Pollution Prevention And Watershed Protection." Submitted by: Approved for submission: ~/:fuaU'd Director of Public Works ~ David W. Knapp City Manager 2(, -I..( DRAFT ORDINANCE NO. 1967 AN ORDINANCE OF THE CITY OF CUPERTINO AMENDING CHAPTER 9.18 OF THE CUPERTINO MUNICIPAL CODE - STORMW A TER POLLUTION PREVENTION AND WATERSHED PROTECTION, REVISING STORM WATER POLLUTION PREVENTION REQUIREMENTS FOR LAND DEVELOPMENT PROJECTS THE CITY COUNCIL OF THE CITY OF CUPERTINO DOES ORDAIN AS FOLLOWS: SECTION I Amendments Chapter 9.18 of the Cupertino Municipal Code, entitled Stormwater Pollution Prevention and Watershed Protection, is hereby amended to read as follows: 9.18.010 - Purpose of Chapter The U.S. Environmental Protection Agency has identified urban storm water runoff as the leading cause of water pollution in the United States. Furthermore, both federal and state agencies have identified storm water runoff as a major source of pollution adversely impacting the beneficial uses of the South San Francisco Bay. As a result, the California Regional Water Quality Control Board, San Francisco Bay Region, has issued the City of Cupertino a National Pollutant Discharge Elimination System ("NPDES") permit. The NPDES permit requires that the City of Cupertino implement a Storm Water Management Program to control storm water runoff so that it does not cause or contribute to a violation of the water quality standards of South San Francisco Bay. The purpose of this Chapter is, therefore, to protect health, life, resources and property by providing minimum requirements designed to control the discharge of pollutants into the City of Cupertino's storm drain system and to assure that discharges from the City of Cupertino storm drain system comply with applicable provisions of the Federal Clean Water Act and National Pollutant Discharge Elimination System Permit No. CA00297l8. Enactment of this Chapter falls within the scope of the City of Cupertino police powers to protect the health, safety, and welfare of its residents. Nothing in this Chapter is intended to preclude more stringent federal or state regulation of any activity covered by this Chapter. 9.18.020 - Defmitions Replace the Definitions section in Chapter 9.18.020 with the following. For the purposes of this chapter, the following words and phrases shall have the meanings ascribed to them by this section, unless the context or the provision clearly requires otherwise. I 'l~ - )" 1. APPLICANT. Any person, firm, or governmental agency who executes the necessary forms to procure official approval of a project or a permit to carry out construction of a project. 2. BEST MANAGEMENT PRACTICE (BMP). A structural device or nonstructural practice designed to temporarily store and/or treat stormwater runoff in order to reduce pollution, mitigate flooding and provide other amenities. 3. CITY. All the territory lying within the municipal boundaries of the City of Cupertino, as presently existing, plus all territory which may be added thereto during the effective term of the ordinance codified in this chapter. 4. COMMERCIAL VEHICLE WASHING FACILITY. A commercial facility where vehicle washing is a primary business activity. Commercial vehicle washing facilities include, but are not limited to, mobile washing rigs. 5. COOLING SYSTEM. The pipes, heat exchangers and other appurtenances used to convey cooling water in cooling towers, direct contact cooling systems and similar fixed cooling systems. Multiple units of a cooling water system serving a building or piece of equipment are considered as one system if the cooling water distribution system units are physically connected. 6. DEEMED COMPLETE. The City reviews development applications within 30 days of submittal to determine whether all the required information has been provided and the application can be "deemed complete" and accepted. If the application submittal is incomplete, staff sends a letter to the applicant indicating that the application is "deemed incomplete" and lists the items needed to complete the application. If the Planning Division's written determination is not made within 30 days after receipt of the application, under State Law, it is deemed "complete" and staff proceeds with processing the application. 7. DEVELOPMENT. A land development or land development project. 8. DIRECTOR OF PUBLIC WORKS. The Director of Public Works and his or her duly authorized agents and representatives. 9. DIRECTOR OF COMMUNITY DEVELOPMENT. The Director of Community Development and his or her duly authorized agents and representatives. 10. EASEMENT. A grant or reservation by the owner of land for the use of such land by others for a specific purpose or purposes, and which must be included in the conveyance ofland affected by such easement. 2 ~/;-~ 11. EROSION AND SEDIMENTATION CONTROL PLAN. A plan designed to minimize the accelerated erosion and sediment runoff at a site during land disturbance activities. 12. EXISTING CONDITIONS. Refers to the conditions that exist on a site before the commencement of a land development project and at the time the City of Cupertino approves plans for the land development of a site. Where phased development or plan approval occurs (preliminary grading, roads and utilities, etc.), the existing conditions are considered those at the time before the first item being approved or permitted. 13. FLEET WASHING FACILITY. A facility for washing vehicles at a location where a business maintains six or more vehicles. 14. FOOD SERVICE FACILITY. Any nonresidential establishment that uses or generates grease when preparing food. Food service facility does not include any facility that prepares food for off-site cooking and consumption, or any facility that does not use, generate, or dispose of grease in cooking or preparing food. 15. GREASE. Includes fats, oils, waxes, or other related constituents. Grease may be of vegetable or animal origin, including butter, lard, margarine, vegetable fats and oils, and fats in meats, cereals, seeds, nuts and certain fruits. Grease may also be of mineral origin, including kerosene, lubricating oil, and road oil. 16. GREASE REMOVAL DEVICE. An interceptor, trap or other mechanical device designed, constructed and intended to remove, hold or otherwise prevent the passage of grease to the sanitary sewer. 17. GROUP 1 PROJECT. Per the definition in the City's NPDES Municipal Stormwater Discharge Permit, any private land development or redevelopment project or any public roadway project creating or replacing 43,560 ft2 (one acre) or more of impervious surface. The following types of projects are exempt from the Group I Project requirements. a) single-family homes not part of a larger common plan of development; b) sidewalks;. c) bicycle lanes; d) trails; e) bridge accessories; f) guardrails; g) landscape features; h) interior remodels; and i) routine maintenance or repair including roof or exterior surface replacement, pavement resurfacing, repaving and road pavement structural section rehabilitation within the existing footprint, and any other reconstruction work within a public street or road right-of-way where both sides of that right-of-way are developed. 3 z-~-7 18. GROUP 2A PROJECT. Per the definition in the City's NPDES Municipal Stormwater Discharge Permit, the same as the Group 1 Project definition, except that the size threshold of impervious area for new and Significant Redevelopment projects is reduced from 43,560 fe (one acre) to 10,000 square feet and the project is one of the following land use categories: a) Gas stations; b) Auto wrecking yards; c) Loading docks and surface parking lots containing 10,000 square feet or more of impervious surface area; and d) Vehicle or equipment maintenance areas (including washing and repair), outdoor handling or storage of waste or hazardous materials, outdoor manufacturing area(s), outdoor food handling or processing, outdoor animal care, outdoor horticultural activities, and various other industrial and commercial uses where potential pollutant loading cannot be satisfactorily mitigated through other post- construction source control and site design practices. 19. HAZARDOUS MATERIAL. Any material so designated by Chapter 101 of this code. 20. HYDROMODIFICA TION. Changes to the storm water runoff characteristics of a watershed caused by changes in land use. Hydromodification can increase the velocity, volume, and duration of storm water runoff and intensify sediment transport. These changes increase the erosion potential of the receiving watercourse. Problems resulting from hydromodification include channel scouring, bank undercutting, and channel widening and deepening. 21. HYDROMODIFICATION MANAGEMENT BMPS. Any combination of on-site, off-site, and in-stream control measures incorporated into specified development and redevelopment projects in order to reduce stormwater runoff so as to not cause an increase in the erosion potential of the receiving watercourse over the pre-project condition, in accordance with the City's NDPES Municipal Storm Water Discharge permit and the SCVURPPP Hydromodification Management Plan. 22. HYDROMODlFICATION MANAGEMENT PLAN (HMP). A comprehensive plan to control hydromodification by maintaining the pre-project stream erosion potential. The HMP is required by the City's NDPES Municipal Storm Water Discharge permit. The HMP contains thresholds for project applicability and guidance on selecting and designing best management practices to control hydromodification. 23. ILLICIT CONNECTION. The unauthorized connection of a wastewater stream to storm sewers. 24. IMPERVIOUS SURFACE. A surface composed of any material that significantly impedes or prevents the natural infiltration of water into soil. Impervious surfaces 4 2.-&-r include, but are not limited to, rooftops, buildings, streets and roads, and any concrete or asphalt surface. 25. LAND DEVELOPMENT ACTIVITIES. Those actions or activities that comprise, facilitate or result in land development. 26. LOADING DOCK. The area of a facility intended for the loading and unloading of trucks, plus an additional radius of ten feet. 27. MAXIMUM EXTENT PRACTICABLE. The maximum degree of pollution reduction that is achievable by applying best management practices, taking into account the best available technology, cost effectiveness and other competing issues such as human safety and welfare, endangered and threatened resources, historic properties and geographic features. 28. NEW DEVELOPMENT. A land development activity on a previously undeveloped site. 29. NPDES MUNICIPAL STORMWATERDISCHARGE PERMIT. A National Pollution Discharge Elimination System permit issued to the City of Cupertino by the Regional Water Quality Control Board, San Francisco Bay Region. 30. NUMERIC BMP SIZING CRITERIA. Requirements for designing stormwater treatment BMPs that are included in the City's NPDES Municipal Stormwater Discharge Permit and more specifically described in the Santa Clara Valley Urban Runoff Pollution Prevention Program's "Guidance for Implementing Stormwater Regulations for New and Redevelopment Projects." 31. OIL/W A TER SEPARATOR. A receptacle designed and constructed to intercept, separate, and prevent the passage of oils and sediments into the sewer system. 32. ON-SITE STORMWATER TREATMENT FACILITY. A stormwatertreatment facility located within the boundaries of the site. 33. OPERATION AND MAINTENANCE AGREEMENT. A written agreement providing for the long-term operation and maintenance of stormwater management facilities and practices on a site or with respect to a land development project, which when properly recorded in the deed records constitutes a restriction on the title to a site or other land involved in a land development project. 34. OWNER. The legal or beneficial owner of a site, including but not limited to, a mortgagee or vendee in possession, receiver, executor, trustee, lessee or other person, firm or corporation in control of the site. 35. PERMIT. The permit issued by the City of Cupertino to the applicant required for undertaking any land development activity. 5 z& -1 36. PERSON. Any person, firm, association, organization, partnership, business trust, joint venture, corporation or company, and includes the United States, the State of California, the County of Santa Clara, special purpose districts and any officer or agency thereof. 37. POST-DEVELOPMENT. Refers to the time period, or the conditions that may reasonably be expected or anticipated to exist, after completion of the land development activity on a site as the context may require. 38. REDEVELOPMENT. A land development project on a previously developed site, excluding ordinary maintenance activities, interior remodeling of existing buildings, resurfacing of paved areas, and exterior changes or improvements which do not materially increase or concentrate stormwater runoff, or cause additional stormwater runoff pollution. 39. RUNOFF. Stormwater runoff. 40. RUNON. Stormwater flow entering a specific location from elsewhere on or off the site. 41. SANITARY SEWAGE OR SEWAGE. Water-carried wastes from residences, business property, institutions and industrial property excluding ground water, surface water, and storm waters. 42. SANTA CLARA VALLEY URBAN RUNOFF POLLUTION PREVENTION PROGRAM (SCVURPPP). The Santa Clara Valley Urban Runoff Pollution Prevention Program is an association of thirteen cities and towns in the Santa Clara Valley, together with Santa Clara County and the Santa Clara Valley Water District. Program participants, referred to as Co-permittees, share a common Municipal NPDES permit to discharge stormwater to South San Francisco Bay. 43. SECONDARY CONTAINMENT. The level of containment external to and separate from the primary containment. 44. SEWER SYSTEM OR SANITARY SEWER SYSTEM. All sewers and other facilities for carrying, collecting, treating, and disposing of sanitary sewage. 45. SITE. Any tract, lot or parcel of land or combination of tracts, lots, or parcels of land, which are in one ownership, or are contiguous and in diverse ownership where a development is to be performed as part of a unit, subdivision, or project. 46. SITE DESIGN BMPS. Nonstructural techniques designed to reduce the amount of runoffby decreasing the amount of impervious surface, infiltrating runoff into the soil and/or temporary detention. Examples of site design BMPs include narrower streets, permeable pavement, and shared driveways. 6 2~ -ID 47. SOURCE CONTROL BMPS. Structural measures or nonstructural practices used to eliminate contact between rainfall and potential source of contamination. Examples include covered materials handling areas, parking lots sweeping, and sewer clean-outs installed adjacent to new swimming pools. 48. STORM DRAIN. Any pipe, conduit or sewer ofthe city designed or used for the disposal of storm and surface waters and drainage including unpolluted cooling water and unpolluted industrial process water, but excluding any community sanitary sewer system. 49. STORMW A TER DISCHARGE. Any discharge from land that results or probably will result in a discharge into watercourses. The discharges represent a process whereby pollutants, debris and chemicals generated from various land uses accumulate on streets, construction sites, parking lots and other exposed surfaces and are washed off and carried away by stormwater runoff into watercourses. The major pollutants of concern in these discharges are heavy metals, sediments, petroleum hydrocarbons, organochlorine, pesticides and toxics. 50. STORMW A TER MANAGEMENT. The collection, conveyance, storage, treatment and disposal of stormwater runoff in a manner intended to prevent increased flood damage, streambank channel erosion, habitat degradation and water quality degradation, and to enhance and promote the public health, safety and general welfare. 51. STORMW ATER MANAGEMENT FACILITY. Any infrastructure that controls, treats or conveys stormwater runoff. 52. STORMW A TER MANAGEMENT PLAN. A document describing how existing runoff characteristics will be affected by a land development project and containing measures for complying with the provisions of this ordinance. 53. STORMWATER TREATMENT BMPS. Structural measures designed to reduce stormwater pollution by capturing and treating runoff. Examples include detention basins, vegetated swales and media filters. 54. STORMWATER POLLUTION PREVENTION PLAN. A document identifying potential stormwater pollutant sources at a construction site, the stormwater source control BMPs to be used to reduce these pollutants during and after construction and a description of required BMP monitoring. Generally applies to construction projects disturbing one or more acres. 55. STORMW ATER RUNOFF. Water from rain, landscape irrigation, or other sources that flows over the land surface without entering the soil. 7 ~{¡ -{ { 56. UNPOLLUTED WATER. Water to which no constituent has been added, either intentionally or accidentally, that would render the water unacceptable for disposal to storm or natural drainages or directly to surface waters. 57. VEHICLE FLUID. A liquid used in or drained from a motor vehicle. Vehicle fluids include, but are not limited to, gasoline, diesel fuel, motor oil, brake fluid, radiator fluid, hydraulic fluid, transmission fluid, and coolant. 58. VEHICLE SERVICE FACILITY. A commercial or industrial facility that conducts one or more of the following operations with respect to vehicles or components of vehicles: vehicle repair, fuel dispensing, vehicle fluid replacement, engine and parts cleaning, body repair, vehicle salvage and wrecking, or vehicle washing. 59. WASTE. Sewage and soil from erosion and any and all other waste substances, liquid, solid, gaseous or radioactive, associated with human habitation, or of human or animal origin, or from any producing, manufacturing or processing operation of whatever nature, including waste placed within containers of whatever nature prior to, and for purposes of, disposal. 60. WATERCOURSE. Any natural or artificial stream, river, creek, ditch, channel, canal, conduit, culvert, drain, waterway, gully, ravine or wash, in and including any adjacent area that is subject to inundation from overflow or flood water. 61. WATER QUALITY IMPACT. Any deleterious effect on waters or wetlands, including their quality, quantity, surface area, species composition, aesthetics or usefulness for human or natural uses that are or may potentially be harmful or injurious to human health, welfare, safety or property, to biological productivity, diversity, or stability or which unreasonably interfere with the enjoyment oflife or property, including outdoor recreation. 9.18.030 - Limitations on Point of Discharge No person shall discharge any substance directly into a manhole or other opening in a City storm drain other than through a city approved storm drain connection. 9.18.040 - Discharge into the Storm Drain Prohibited A. It shall be unlawful to discharge, or cause, allow, or permit to be discharged into any storm drain or natural outlet or channel all waste, including but not restricted to, sewage, industrial wastes, petroleum products, coal tar or any refuse substance arising from the manufacture of gas from coal or petroleum, chemicals, detergents, solvents, paints, contaminated or chlorinated swimming pool water, pesticides, herbicides and fertilizers. B. It is unlawful to cause hazardous materials, domestic waste or industrial waste to be deposited in such a manner or location as to constitute a threatened discharge into 8 2~ -1-<-' storm drains, gutters, creeks or San Francisco Bay. A "threatened discharge" is a condition creating a substantial probability of harm, when the probability and potential extent of harm make it reasonably necessary to take immediate action to prevent, reduce or mitigate damages to persons, property or natural resources. Domestic or industrial wastes that are no longer contained in a pipe, tank or other container are considered to be threatened discharges unless they are actively being cleaned up. C. The Director of Public Works may require that unpolluted cooling water or other unpolluted water be discharged into a natural outlet. However, allowable discharges shall not cause any impairment in the beneficial uses or quality of water of the state as defined in the Califomia Water Code or any special requirements of the Regional Water Quality Control Board, San Francisco Bay Region or to injure or interfere with the operation of the State's watercourses. City may, from time to time, by resolution of the City Council adopt supplementary rules and regulations on discharge into any storm drain or natural outlet or channel which shall have the same force and effect as if set forth herein and for which the remedies herein for violation shall be applicable. 9.18.050 - Public Nuisance The discharge of unscreened garbage, fruit, vegetable, animal or other solid industrial wastes into any storm drain or natural outlet or channel, in violation of any provision of this Chapter, is hereby declared to be a public nuisance and shall be handled in the same manner as provided in Chapter 1.09 of this Code. 9.18.060 - Protection From Accidental Discharge Each person shall provide protection from accidental discharge of prohibited materials or other wastes regulated by this Chapter into any storm drain or natural outlet or channel. Facilities to prevent accidental discharge of prohibited materials shall be provided and maintained at the user's expense. 9.18.070 - Accidental Discharge -Notification of Discharge All persons shall notify the Director of Public Works by telephone immediately upon accidentally discharging wastes to enable countermeasures to be taken by the City to minimize damage to storm drains and the receiving waters. This notification shall be followed, within ten (10) days of the date of occurrence, by a detailed written statement describing the causes of the accidental discharge and the measures being taken to prevent future occurrences. Such notification will not relieve persons of liability for violations of this Chapter or for any fines imposed on the city on account thereof under Section 13350 of the California Water Code, or for violation of Section 5650 of the California Fish and Wildlife Code, or any other applicable provisions of State or Federal laws. 9 2& -l 3 9.18.080 - Discharge Permitted Pursuant to NPDES Permit The provisions of this Chapter shall not prohibit any discharge in compliance with a valid NPDES permit issued to the discharger. 9.18.090 - Stormwater Pollution Prevention Plan Storm water pollution prevention plans (SWPPPs) shall be prepared and made available at construction sites for all projects disturbing a soil area of one (I) or more acres. Preparation of the SWPPP shall be in accordance with the most recent versions of the "Guidelines for Construction Projects," published by the San Francisco Bay Region of the California Regional Water Quality Control Board, the Califomia BMP Handbooks, and the City of Cupertino "Construction BMP Selection Matrix." 9.18.100 - Permanent Storm Water Pollution Prevention Measures Required A. Site Design and Source Control BMP Requirements All development and redevelopment projects shall include permanent site design and source control BMPs in order to reduce the water quality impacts of stormwater runoff from the site for the life of the project. B. Stormwater Treatment BMP Requirements 1. In addition to site design and source control BMPs, Group I and Group 2A Projects are required to design and implement permanent stormwater treatment BMPs sufficient to reduce the water quality impacts of stormwater runoff from the site for the life of the project. 2. Land development activities that are smaller than the minimum applicability criteria set forth in this Ordinance for Group I and Group 2A projects are required to design and implement stormwater treatment BMPs, if such activities are part of a larger common plan of development, even though multiple, separate and distinct land development activities may take place at different times on different schedules. 3. Group 2A projects for which an application to the City has been "deemed complete" by the Director of Community Development as of October 19, 2005 are not required to implement stormwater treatment BMPs. C. Hydromodification Management BMP Requirements 1. In accordance with the City's NPDES Municipal Stormwater Discharge Permit, all Group I Projects are required to implement permanent hydromodfication management BMPs except for the following projects: a. Projects that do not create an increase in impervious surface over pre-project conditions.. b. Transit-oriented developments located within a one-half mile radius of existing or planned transit stations and/or major transfer points. c. Projects located in subwatershed areas that are 90% or more built-out and have more than 65% impervious surface 10 t& -( Lf d. Projects that are less than 50 acres in total project size that are located in subwatershed areas that are 90% or more built-out and have less than 65% impervious surface. e. Projects that demonstrate, through City-approved stream-specific modeling studies consistent with the HMP that there will be no increase in erosion potential or other adverse impact to the beneficial uses to any waters of the State. 2. Determination of Impracticability Meeting the HMP requirements will be considered impracticable if the combined construction cost of both required stormwater treatment and hydromodification management BMPsl exceeds 2% of the project construction cost (excluding land costs). If a developer demonstrates that the cost to fully comply with the HMP and other C.3. treatment requirements will exceed this cost threshold, a determination may be made by the Director of Public Works that the project shall comply with the HMP requirements by implementing hydromodification management controls on-site to the maximum extent practicable and contributing to an in-stream or off-site solution, if available, up to a maximum cost for all controls of2% of the project cost. D. Group 1 and Group 2A projects that result in an increase of, or replacement of, more than fifty (50) percent of the impervious surface of a previously existing development shall include permanent BMPs sufficient to reduce water quality impacts of stormwater runoff from the entire site for the life of the project. These permanent BMPs shall include site design, source control, stormwater treatment measures, and if applicable, hydromodification management measures. E. Group I and Group 2A projects that result in an increase of, or replacement of fifty (50) percent or less of the impervious surface of a previously existing development shall include permanent BMPs sufficient to reduce water quality impacts of stormwater runoff from the increased or replaced portion of the site for the life of the project. These permanent BMPs shall include site design, source control, stormwater treatment measures, and if applicable, hydromodification management measures. F. No final building or occupancy permit shall be issued without the written certification of the Director of Public Works that the requirements of this chapter have been satisfied. 9.18.110 - Design and Selection of Best Management Practices A. Stormwater pollution prevention best management practices shall be selected and designed to the satisfaction of the Director of Public Works in accordance with the requirements contained in the most recent versions of the following documents. I. City of Cupertino BMP Selection Matrices (Construction and Post-Construction); 2. Santa Clara Valley Urban Runoff Pollution Prevention Program (SCVURPPP) "Guidance for Implementing Stormwater Regulations for New and Redevelopment Projects;" 1 Costs of control measures shall not include land costs, soil disposal fees, hauling, contaminated soil testing, mitigation, disposal, or other nonna} site enhancement costs such as landscaping or grading that are required for other development purposes. 11 2G-[r 3. NPDES Municipal Stormwater Discharge Permit issued to the City of Cupertino by the California Regional Water Quality Control Board, San Francisco Bay Region; 4. California BMP Handbooks; 5. "Start at the Source" Design Guidance Manual; 6. Bay Area Stormwater Management Agencies Association "Using Site Design Standards to Meet Development Standards for Stormwater Quality - A Companion Document to Start at the Source"; 7. SCVURPPP Hydromodification Management Plan; and 8. City of Cupertino Planning Procedures Performance Standard. B. Numeric sizing criteria used to design stormwater treatment BMPs shall be in accordance with the City's current NPDES Municipal Stormwater Discharge Permit. I. Stormwater treatment BMPs depending on volume capacity, such as detention/retention units or infiltration structures, shall be designed to treat stormwater runoff equal to: a. The maximized stormwater quality capture volume for the area, based on historical rainfall records, determined using the formula and volume capture coefficients set forth in Urban Runoff Quality Management, WEF Manual of Practice No. 23/ASCE Manual of Practice No. 87, (1998), pages 175-178 (e.g. approximately the 85th percentile 24-hour storm runoff event); or b. The volume of annual runoff required to achieve 80 percent or more capture, determined in accordance with the methodology set forth in Appendix D of the California Stormwater Best Management Practices Handbookfor New Development and Redevelopment (2003), using local rainfall data. 2. Stormwater treatment BMPs whose primary mode of action depends on flow capacity, such as swales, sand filters, or wetlands, shall be sized to treat: a. 10% of the 50-year peak flow rate; or b. The flow of runoff produced by rain equal to at least two times the 85th percentile hourly rainfall intensity for the applicable area, based on historical records of hourly rainfall; or c. The flow of runoff resulting from rain equal to at least 0.2 inches per hour intensity. 9.18.120 - Stormwater Management Plans Required for Group 1 and Group 2A Projects A. Development Permit Application Requirements Applications for Group I or Group 2A projects must be accompanied by a Stormwater Management Plan, as required by this ordinance. The Stormwater Management Plan shall detail how runoff and associated water quality impacts resulting from the activity will be controlled or managed. B. Building Permit Requirements No building, grading, or erosion and sediment control permit shall be issued until the Stormwater Management Plan has been reviewed and approved by the Director of Public Works. C. Exemptions 12 2.-& -I Ie Group 2A projects for which an application to the City has been "deemed complete" by the Director of Community Development as of October 19, 2005 are exempt from the Storm Water Management Plan requirements of this Ordinance. 9.18.130 - Stormwater Management Plan Contents A. General Requirements for All Group 1 and Group 2A Projects Applicants for all Group I and Group 2A projects are responsible for submitting a Stormwater Management Plan that meets the requirements of this Ordinance. The plan shall include sufficient information to evaluate the environmental characteristics of affected areas, the potential impacts of the proposed development on water resources, and the effectiveness and acceptability of measures proposed for managing stormwater runoff. The minimum information submitted for support of a Stormwater Management Plan shall be as follows: I. Common address, parcel number and legal description of the site; 2. Contact information for all persons having a legal interest in the property; 3. Vicinity map; 4. A brief narrative description of the project; 5. Geotechnicial investigations including soil maps, borings, site-specific recommendations, and any additional information necessary for the proposed stormwater management design; 6. Written or graphic inventory of natural resources existing at the site and in the surrounding area, including, but not limited to, watercourses, wetlands, and native vegetative areas; 7. Data for total site area, disturbed area, new and/or replaced impervious surface area, and total impervious surface area; 8. Topographic survey information showing existing and proposed contours, including all areas necessary for the post-development hydraulic analyses of proposed stormwater management facilities; 9. Erosion and sediment control plan, as required by City Code Section 16.08, Excavation, Grading and Retaining Walls; 10. A list of any other applicable environmental permits that will be required for the project and the responsible agencies (examples: Santa Clara Valley Water District, State Department ofFish and Game, Regional Water Quality Control Board); II. Hydrologic computations, including drainage area maps depicting existing and post-development runoff flow paths and land use; 12. Hydraulic computations for existing and post-development conditions; 13. A list of all stormwater management facilities and practices to be employed at the site; 14. A list of any regular on-site cleaning activities to be used as stormwater pollutant source controls (example: pavement sweeping) and the schedules for these cleaning activities; 15. Numeric sizing criteria computations for stormwater treatment BMPs according to the SCVURPPP "Guidance for Implementing Stormwater Regulations for New and Redevelopment Projects;" 13 2CÐ -l7 16. Structural and construction details for all components of the proposed drainage system or systems and stormwater management facilities; 17. Landscaping plan showing disposition of existing vegetation and any vegetative site stabilization and/or landscape-based storm water management measures; 18. Cost estimates for all proposed on-site stormwater management facilities for the purpose of calculating the amount of any required performance bonds and determining BMP practicability; 19. BMP operation and maintenance procedures, including maintenance tasks, inspection and maintenance schedule, the parties responsible for BMP operation and maintenance, funding mechanisms for on-going operation and maintenance and access and safety issues; 20. Certification by the owner/developer that all stormwater management construction will be done according to this Stormwater Management Plan; 21. An as-built certification signature block to be executed by the responsible registered civil engineer after project completion; and 22. Any other information as may be required by the Director of Public Works. B. HMP-Related Requirements The following must be included in the Storm Water Management Plan for any Group 1 project that may be subject to HMP requirements (as discussed in Provision 9.18.100 of this Ordinance). I. An explanation of the applicability of hydromodification management requirements based on the "Applicability and Requirements Flow Chart" of the HMP. 2. Hydrologic and hydraulic calculations for any hydromodification management BMPs with an explanation of how these BMPs will function as the required flow controls. 3. If the applicant is applying for an exemption from HMP requirements, hydraulic calculations and construction cost data must be submitted as justification. This information shall be prepared by a qualified professional civil engineer registered in the State ofCalifomia. 9.18.140 - Preparation of the Stormwater Management Plan A. Group 1 Projects Stormwater Management Plans submitted for any Group I project shall be prepared under the direction of a professional civil engineer registered in the State of California. The responsible professional civil engineer shall stamp and sign the approved Stormwater Management Plan. B. Group 2A Projects The Stormwater Management plan submitted for any Group 2A project shall be prepared under the direction of a professional civil engineer or landscape architect registered in the State of California. The responsible professional shall stamp and sign the approved Stormwater Management Plan. 14 1).9. -{ r C. The Director of Public Works may require a developer to provide a signed certification from the civil engineer or landscape architect responsible for preparing the Stormwater Management Plan that all stormwater best management practices have been designed to meet the requirements of this Ordinance. Each certifying professional shall establish to the City's satisfaction that such person has been trained on the design of stormwater quality best management practices not more than three (3) years prior to the certification signature date. Qualifying training shall be conducted by an organization with stormwater quality management expertise, such as a university, the Bay Area Stormwater Management Agencies Association, the American Society of Civil Engineers, the American Public Works Association, or the California Water Environment Association. 9.18.150 - Stormwater BMP Operation and Maintenance Responsibility A. For the life of the project, all on-site stormwater management facilities shall be operated and maintained in good condition and promptly repaired by the property owner(s), an Owners' or Homeowners' Association or other legal entity approved by the City. B. Any repairs or restoration and maintenance shall be in accordance with City-approved plans. C. The property owner( s) of Group 1 and Group 2A projects shall develop a maintenance schedule for the life of any stormwater management facility and shall describe the maintenance to be completed, the time period for completion, and who shall perform the maintenance. This maintenance schedule shall be included with the project's approved Stormwater Management Plan. 9.18.160 - Stormwater BMP Operation and Maintenance Agreement A. Prior to the issuance of any building permit a Group 1 or Group 2A project, the owner(s) of the site shall enter into a formal written stormwater BMP operation and maintenance agreement with the City. The City shall record this agreement, against the property or properties involved, with the County of Santa Clara and it shall be binding on all subsequent owners of land served by the stormwater management treatment BMPs. B. The stormwater BMP operation and maintenance agreement shall require that the BMPs not be modified and that BMP maintenance activities not alter the designed function of the facility from its original design unless approved by the City prior to the commencement of the proposed modification or maintenance activity. C. The stormwater BMP operation and maintenance agreement shall provide that in the event that maintenance or repair is neglected, or the stormwater management facility becomes a danger to public health or safety, the City shall have the authority to perform maintenance and/or repair work and to recover the costs from the owner. D. The owner shall provide the City with three signed copies of the recorded stormwater BMP operation and maintenance agreement. 15 'LG - r q 9.18.170 - Stormwater BMP InspectiQn Responsibility A. The property oWller(s) of Group I and Group 2A projects shall be responsible for having all stormwater management facilities inspected for condition and function by a knowledgeable party. B. Unless otherwise required by the City, stormwater facility inspections shall be done at least twice per year, once in fall, in preparation for the wet season, and once in winter. Written records shall be kept of all inspections and shall include, at minimum, the following information: 1. Site address; 2. Date and time of inspection; 3. Name of the person conducting the inspection; 4. List of stormwater facilities inspected; 5. Condition of each stormwater facility inspected; 6. Description of any needed maintenance or repairs; and 7. As applicable, the need for site reinspection 9.18.180 - Records of Maintenance and Inspection Activities On or before April 15th of each year, the party responsible for the operation and maintenance of on-site stormwater management facilities Group I or Group 2A projects shall provide the City with records of all inspections, maintenance and repairs. 9.18.190 - Failure to Maintain A. If the responsible party fails or refuses to meet the requirements of the stormwater BMP operation and maintenance agreement, the City, after thirty (30) days written notice, may correct a violation of the design standards or maintenance requirements by performing the necessary work to place the facility or practice in proper working condition. B. In the event the City determines that the violation constitutes an immediate danger to public health or public safety, 24 hours written notice from the City shall be sufficient. C. The City may assess the oWller(s) of the property for the cost of repair work and any penalties. This may be accomplished by placing a lien on the property, which may be placed on the tax bill for such property and collected in the ordinary manner for such taxes. 9.18.200 - Inspection and Maintenance Easement A. The City shall have access to all on-site stormwater treatment facilities for the purpose of inspection and repair. This includes the right to enter a property when the City has a reasonable basis to believe that a violation of this ordinance is occurring or has occurred and to enter when necessary for abatement of a public nuisance or correction of a violation of this ordinance. 16 2~-20 B. Prior to the issuance of a building permit for a Group 1 or Group 2A project, the applicant/owner shall secure the necessary inspection and maintenance easement(s) on a permanent basis. The terms of the inspection and maintenance easement shall allow the City to enter the property at reasonable times and in a reasonable manner for the purpose of inspection and repair. C. The inspection and maintenance easement will be recorded by the City with the stormwater BMP operation and maintenance agreement and will remain in effect even with transfer of title to the property. D. The owner shall provide the City with three signed copies of the recorded inspection and maintenance easement. 9.18.210 - Stormwater Pollutant Source Control BMPs A. Storm Drain Inlet Labeling Storm drain inlets shall be clearly marked with the words "No Dumping - Flows to Bay," or equivalent. B. Drains and Drain Lines I. Interior floor drains shall not be connected to the storm drain system. 2. Exterior drains within the following areas shall not be connected to the storm drain: a. Equipment or vehicle washing areas; b. Areas where chemicals, hazardous materials, or other uncontained materials are stored unless secondary containment is provided; c. Equipment or vehicle fueling areas or fluid changing areas; d. Loading docks where chemicals, hazardous materials, grease, oil, or waste products are handled. 3. Roof runoff shall be directed to landscaped areas unless deemed infeasible by the Director of Public Works. Upon approval of the Director of Public Works, projects located in hillside areas may be exempt from these requirements. 4. Nonresidential facilities shall either: (a) provide secondary containment for all roof-mounted equipment, tanks, and piping containing liquids other than potable water; or (b) connect all roof drains and equipment discharge lines to the sanitary sewer. 5. Boiler drain lines shall be connected to the sewer system and may not be discharged to the storm drain system. 6. Cooling systems shall not be connected or allowed to drain to the storm drain system. 7. Condensate lines shall not be connected or allowed to drain to the storm drain system. C. Pool and Spa Discharges I. It shall be unlawful to discharge water from pools and spas to the storm drain system. 2. When draining a pool, a hose or other temporary system shall be directed into a sewer (not storm drain system) clean out. 3. For swimming pools, a sewer clean out shall be installed in a readily accessible area, within ten (10) feet of the pool edge, if possible. 17 L~-2...1 4. De-chlorinated spa discharges may be directed to landscaped areas, providing this does not generate runoff to the storm drain system. D. Vehicle and Equipment Fueling Facilities Vehicle or equipment fueling facilities shall be designed to prevent the runon of stormwater and runoff of spills. This shall be accomplished by: 1. Paving the fueling area with concrete or other impervious surface; 2. Covering the fueling area and extending the cover a minimum of ten (10) feet beyond the fuel pumps in the directions of vehicle or equipment access and egress; and 3. Grading the area (sloped inward) or installing a berm or curb around the perimeter of the fueling area. Storm drains shall be prohibited in these fueling areas. E. Vehicle Service Facilities I. No person shall dispose of, nor permit the disposal, directly or indirectly, of vehicle fluids, hazardous materials, or rinsewater from parts cleaning operations into storm drains. 2. All owners and operators of vehicle service facilities shall ensure that any vehicle fluid, hazardous material, or rinsewater from parts cleaning operations that comes into contact with any floor, pavement or ground surface is cleaned up immediately from such surface. 3. No tanks, containers or sinks used for parts cleaning or rinsing shall be connected to the storm drain system. 4. No person shall perform vehicle fluid removal outside a building, nor on asphalt or ground surfaces, whether inside or outside a building, except in such a manner as to ensure that any spilled fluid will be in an area of secondary containment. 5. Leaking vehicle fluids shall be contained or drained immediately. 6. No person shall leave unattended drip parts or other open containers containing vehicle fluid, unless such containers are in use or in an area of secondary containment. 7. No person shall discharge wastewater from vehicle washing operations or wash racks to a storm drain, or onto the ground. 8. No person shall discharge water from vehicle washing operations into the storm drain, except that used for rinsing of vehicle exterior surfaces with water to remove only atmospheric dust deposited on a vehicle when not in use. This exception does not apply to commercial vehicle washing facilities or fleet washing. 9. Vehicle service facilities shall be cleaned using only those methods of cleaning that ensure that no materials are discharged to the storm drain 10. All owners and operators of vehicle service facilities shall ensure that spill prevention and clean-up equipment and absorbent materials are kept in stock at all times and are readily available for use. 11. No acid-containing batteries shall be stored except within secondary containment. 12. All owners and operators of vehicle service facilities shall post or cause to be posted signs on all storm drains located on the property of the facility notifying persons that the discharge of waste into the storm drain is illegal. F. Food Service Facilities 18 ?-& - 2 'L I. Food service facilities shall have a sink or other area for cleaning floor mats, containers, and equipment, which is connected to a grease removal device and the sanitary sewer. The sink or cleaning area shall be large enough to clean the largest mat or piece of equipment to be cleaned. 2. New buildings constructed to house food service facilities shall include a covered area for a dumpster. The area shall be designed to prevent water runon to the area and runoff from the area. 3. Drains that are installed beneath dumpsters serving food service facilities shall be connected to a grease removal device. G. Parking Garages 1. If installed, parking garage floor drains on interior levels shall be not be connected to the storm drain, but to an oiVwater separator prior to discharging to the sanitary sewer system. 2. Parking garage oil/water separators shall have a minimum capacity of 100 gallons. 3. The parking garage oil/water separator shall be cleaned at a frequency of at least once every twelve months or more frequently if recommended by the manufacturer or as required by the City. H. Root control chemicals. No person shall discharge, dispose or add to the storm drain system any substance to control roots. 1. Dumpsters I. New buildings, except for single-family and duplex residences, shall provide a covered-area for a dumpster. 2. The area shall be designed to prevent water runon to the area and runoff from the area. 3. Dumpsters serving food service facilities shall be designed in accordance with Section 9.l8.200F, above. J. Multi-Family Residential Vehicle Washing Facilities I. New residential buildings with 25 or more units shall provide a covered, bermed area for occupants to wash their vehicles. 2. The vehicle washing area shall be designed to prevent water runon to the area and runoff from the area. 3. A drain shall be installed to capture all vehicle washwaters and shall be connected to an oil/water separator prior to discharge to the sanitary sewer system. 4. Vehicle washing area oil/water separators shall have a minimum capacity of 100 gallons. 5. The oil/water separator shall be cleaned at a frequency of at least once every six months or more frequently if recommended by the manufacturer or the superintendent. K. Copper roofing materials. I. Copper metal roofing, copper granule-containing asphalt shingles and copper gutters shall not be permitted for use on any residential, commercial or industrial building for which a building permit is required. 2. Copper flashing for use under tiles or slates and small copper ornaments are exempt from this prohibition. 19 l,(Q-:¿J 9.18.220 - Violation Any person who violates any provlSlon of this Chapter shall be guilty of a misdemeanor and upon conviction thereof shall be punished as provided in Chapter 1.12 of this Code. 9.18.230 - Civil Penalty For Violation -Payment of Funds to Account Any person who violates any provision of this Chapter or any provision of any permit issued pursuant to this Chapter shall be civilly liable to the city in a sum not to exceed the amounts provided for in Government Code §§54740 and/or 54740.5. The City may petition the Superior Court pursuant to Government Code §54740 to impose, assess and recover such sums. The civil penalty provided in this section is cumulative and not exclusive, and shall be in addition to all other remedies available to the City under State and Federal law and local ordinances. Funds collected pursuant to this Section shall be paid to City's Environmental Storm Management Account. 9.18.240 - Civil Penalty for Illicit Discharges - Payment of Funds to Account Any person who discharges pollutants, in violation of this Chapter, by the use of illicit connections shall be civilly liable to the City in a sum not to exceed Twenty Five Thousand Dollars ($25,000.00) per day per violation for each day in which such violation occurs. The City may petition the Superior Court pursuant to Government Code §54740 to impose, assess and recover such sums. The civil penalty provided in this section is cumulative and not exclusive, and shall be in addition to all other remedies available to the City under State and Federal law and local ordinances. Funds collected pursuant to this section shall be paid to City's Environmental Storm Management Account. 9.18.250 - Notice of Violation Unless the Director of Public Works finds that the severity of the violation warrants immediate action under Sections 9.18.240, 9.18.250 or 9.18.260 above, or permit revocation or suspension, he/she shall issue a notice of violation which: (I) Enumerates the violations found; and (2) Orders compliance by a certain date. 9.18.260 - Administrative Penalties - Payment of Funds to Account Whenever the City Manager or his/her designee finds that any person has violated any notice, of violation requiring compliance with any provision of this Chapter, or has violated any provision of this Chapter, he may assess an administrative penalty in a sum not to exceed the amounts provided in Government Code §54740.5. The remedy provided in this Section is cumulative and not exclusive, and shall be in 20 ¿jß - 2l( addition to all other remedies available to the City under State and Federal law and local ordinances. Funds collected pursuant to this section shall be paid to City's Environmental Storm Management Account. 9.18.270 - Severability If any section, subsection, subdivision, sentence, clause, or phrase of this Chapter is for any reason held to be unconstitutional or otherwise void or invalid, by any court of competent jurisdiction the validity of the remaining portion of this Chapter shall not be affected thereby. Section II A. Enforcement The City Clerk is hereby authorized and instructed to file a certified copy of this ordinance upon its becoming effective with the Sheriff's Office and the County of Santa Clara, State of California. Section III B. Publication The City Clerk shall cause this ordinance to be published at least once in a newspaper of general circulation published and circulated in the city within fifteen {15) days after its passage, in accordance with §36933 of the Government Code; shall certify to the adoption of this ordinance and shall cause this ordinance and her certification, together with proof of publication, to be entered in the Book of Ordinances of the Council of this City. INTRODUCED at a regular meeting of the City Council of the City of Cupertino this 6th day of September, 2005, and ENACTED at a regular meeting of the City Council of the City of Cupertino this _ day of _ 2005, by the following vote: Vote: Members ofthe Citv Council: AYES: NOES: ABSENT: ABSTAIN: ATTEST: APPROVED: City Clerk Mayor, City of Cupertino 21 z-fJ¡ - 2<) i ,",", ! '1 ~/~~. ___I . City Hall 10300 Torre Avenue Cupertino, CA 95014-3255 Telephone: (408) 777-3220 Fax: (408) 777-3366 CUPEIQ1NO DEPARTMENT OF ADMINISTRATIVE SERVICES SUMMARY Agenda Item No. A Meeting Date: September 6, 2005 SUBJECT AND ISSUE Consider allocating 25% of discretionary funds from the Redevelopment Agency (RDA) future tax increment to be earmarked for a parking structure. BACKGROUND The City adopted the Vallco Project Area on August 21, 2000. With that adoption, planned expenditures from tax increment included: þ> Infrastructure Improvements - Including construction, reconstruction, widening or other improvements to streets and roadways, traffic signals, curbs, gutters and sidewalks, water, sewer and flood control systems, parking facilities within or serving the Project Area and streetscape and street lighting expenditures; þ> Economic Development Programs - Including implementation of a business attraction and recruitment program, commercial facade enhancement program, and a storefront rehabilitation program; þ> Low-and-Moderate Income Housing Programs - Including 25% set aside for construction, rehabilitation and preservation of low-and-moderate income housing in Cupertino neighborhoods outside the Project Area. After five years, the new owners of Vallco are now embarking on development of the mall property. Approved/proposed improvements include the addition of a theater, housing, retail, two parking structures and a hotel. To assist in the financing of these projects, the Agency has been asked to designate future tax increment to help pay for one ofthe parking structures. Based on the request, staff asked our consultants, Keyser Marston and Associates, to update their calculation of future tax increment based on the owners' projections of built-out infrastructure (see schedule A). The RDA receives tax increment based on the assessment roll growth over the base assessment value at the time of plan adoption. Once additional infrastructure is built, the "new" tax increment generated from the increased property value is available for re-investment in the RDA. Currently, the Vallco Project Area tax roll assessment of $102,500,000 is below this base of $107,763,000 because of the downward re-assessment of the Sears and J.C. Penney properties within the past five years. RA-I\I Printed on Recycled Paper Utilizing the new estimates from Keyser Marston, staff has denoted additional obligations of the RDA to arrive at a projected net available tax increment (see schedule B). These additional obligations include staff, audit and consultant costs, an allocation for an RDNEconomic Development division, and the contractual costs associated with the Santa Clara County (SCC) agreement from June of 2000 for additional sheriff services. This agreement, which was necessary for SCC approval of the RDA, required the city to annex the areas of Rancho Rinconada, Garden Gate and Monta Vista, provide additional sheriff coverage and enter into a sales tax sharing once sales/square foot at Vallco exceeds $375. Based on the projected tax increment revenue minus outstanding future obligations, it appears that the RDA would have net available increment in fiscal years 2008/09 through 2029/30. If 25% of this amount was earmarked for a parking structure, this would equate to approximately $5,200,000 over the life of the RDA (30 years) towards this improvement. Please note that the original projected build out and resulting tax increment at the adoption of the plan has not been realized. Not only did the owners not implement improvements to the property in the past 5 years, but also two major property owners re-assessed their property values - thus putting the project area below the tax base for generating tax revenue. Although the numbers presented to you in this report are the best guess estimates at this time, revenue increases are predicated on the build out value/schedule as supplied by the developer and staff does not attest to these estimates. We therefore recommend that no tax increment be passed on to the owner until the city actually starts receiving the cash, and that such an arrangement is incorporated into a revised development agreement. RECOMMENDATION: Adopt a resolution stating the intention of the Board to allocate 25% of discretionary funds from the Redevelopment Agency future tax increment to be earmarked for a parking structure, based on the estimates in Schedules A and B. Submitted by: Approved for submission: ~t2~ Carol A. Atwood Director of Administrative Services ~ David W. Knapp City Manager ~A-A2. Net Ta< Revenue Statutory p= Thro~ G"", Increment Housing TS}!; Tier 1 Tier 2 Tier 3 :œvenue (1 Set Aside Revenue Pass Thru Pass Thru Pass Thru 1.04050% -25.00% After HSA -20.00% -16.80% _20% Schedule A Tax Increment Revenue Projection Yalleo Fashion Park Redevelopment Project City of Cupertino OOO's Omitted) Total Total Total Increment Fiscal ..., Inflationary New ...1 pers0:Lproject Over Base Year Property Growth Projects ProD_ Prope Value $116,135 o o 941 1,754 1,802 1,837 1,872 1,907 1,944 1,981 2,019 2,057 2,097 2,137 2,178 2,219 2,262 2,305 2,350 2,395 2,441 2,488 2,536 2,585 2,635 2,671 2,709 2,747 2,785 2,825 2,865 2,906 2,948 2,991 3,034 3,079 3,124 3,170 3,218 3,-266 o 0 o 0 o (342) o (638) o (655) o (688) o (721) o (754) o (789) o (824)i o (860) o (896) o (933) o (971) o (1,010) o (1,049) o (1,089)' o (1,130) o (1,172) o (1,215) o (1,259) o (1,303) o (1,348) o (1,394)1 o 1,442 15 (1,504) (30) (1,568) (45) (1,633) (61) (1,699) (77) (1,767) (93) (1,836) (110) (1,906)! (127) (1,978) (144) (2,052) (162) (2,126) (180) (2,203) (198) (2,280) (217) (2,360) (236) (2,441) (256) (2,523 o 0 o 0 (342) 0 (638) 0 (655) 0 (673)1 (1511 (691) (30) (710) (46) (729) (62) (748) (78) (767) (94) (787) (111) (808) (128) (829) (148) (850) (163) (872) (182) (894) (200) (916) (219) (939) (238) (963) (258) (987) (278) (1,011) (299) (1,036) (320) (1,061) (341) 1,087 363 (1,113) (385) (1,140) (407) (1,168) (430) (1,196) (454) (1,224) (478) (1,254) (502) (1,283) (527) (1,314) (553) (1,345) (579) (1,376) (605) (1,408) (632) (1,441) (660) (1,475) (688) (1,509) (717) (1,544) (748) o o 1,283 2,392 2,458 2,524 2,592 2,662 2,732 2,805 2,878 2,953 3,030 3,108 3,187 3,269 3,351 3,436 3,522 3,610 3,700 3,791 3,884 3,980 4,077 4,176 4,277 4,380 4,485 4,592 4,701 4,813 4,926 5,042 5,161 5,281 5,404 5,530 5,658 5,-789 o o (428) (797) (819) (841) (864) (887) (911) (935) (959) (984) (1,010) (1,036) (1,062) (1,090) (1,117) (1,145) (1,174) (1,203) (1,233) (1,264) (1,295) (1,327) ~ (1,392) (1,426) (1,460) (1.495) (1,531) (1,567) (1,604) (1,642) (1,681) (1,720) (1,760) (1,801) (1,843) (1,886) (1,930) o o 1,711 3,190 3,277 3,366 3,457 3,549 3,643 3,739 3,837 3,937 4,040 4,144 4,250 4,358 4,469 4,581 4,696 4,813 4,933 5,055 5,179 5,306 5,435 5,567 5,702 5,839 5,980 6,122 6,268 6,417 6,568 6,723 6,881 7,042 7,206 7,373 7,544 7,718 o o 164,465 306,583 314,953 323,491 332,199 341,081 350,141 359,383 368,809 378,423 388,230 398,233 408,436 418,843 429,459 440,286 451,330 462,595 474,086 485,806 497,760 509,954 522,391 š35.õ7ã 548,018 561,216 574,679 588,411 602,418 616,704 631,277 646,141 661,302 676,767 692,540 708,630 725,041 741J80 106,715 108,765 280,600 422,719 431,089 439,626 448,334 457,217 466,277 475,518 484,944 494,559 504,366 514,369 524,572 534,979 545,594 556,422 567,466 578,731 590,221 601,941 613,896 626,089 638,527 651,213 664,153 677,352 690,814 704,546 718,553 732,840 747,412 762,276 777,438 792,902 808,676 824,765 841,176 857,915 4,215 4,215 4,215 4,215 4,215 4,215 4,215 4,215 4,215 4,215 4,215 4,215 4,215 4,215 4,215 4,215 4,215 4,215 4,215 4,215 4,215 4,215 4,215 4,215 4,215 4,215 4,215 4,215 4,215 4,215 4,215 4,215 4,215 4,215 4,215 4,215 4,215 4,215 4,215 4,215 102,500 104,550 276,385 418,504 426,874 435,411 444,119 453,002 462,062 471,303 480,729 490,344 500,151 510,154 520,357 530,764 541,379 552,207 563,251 574,516 586,006 597,726 609,681 621,874 634,312 646,998 659,938 673,137 686,599 700,331 714,338 728,625 743,197 758,061 773,223 788,687 804,461 820,550 836,961 853,-700 169,744 309,730 315,924 322,243 328,688 335,261 341,967 348,806 355,782 362,898 370,156 377,559 385,110 392,812 400,668 408,682 416,855 425,193 433,696 442,370 451,218 460,242 469,447 478,836 488,413 498,181 508,144 518,307 528,674 539,247 550,032 561,033 572,253 583,698 595,372 607,280 619,425 631,814 2,050 2,091 2,133 2,175 2,219 2,263 2,309 2,355 2,402 2,450 2,499 2,549 2,600 2,652 2,705 2,759 2,814 2,870 2,928 2,986 3,046 3,107 3,169 3,233 3,297 3,363 3,431 3,499 3,569 3,640 3,713 3,788 3,863 3,941 4,019 4,100 4,182 4,265 4,351 102,500 102,500 104,550 106,641 108,774 110,949 113,168 115,432 117,740 120,095 122,497 124,947 127,446 129,995 132,595 135,247 137,952 140,711 143,525 146,395 149,323 152,310 155,356 158,463 161,632 164,865 168,162 171,525 174,956 178,455 182,024 185,665 189,378 193,165 197,029 200,969 204,989 209,088 213,270 217,-536 2005-06 2006-07 2007-08 2008-09 2009-1 0 2010-11 2011-12 2012-13 2013-14 2014-15 2015-16 2016·17 2017-18 2018-19 2019-20 2020-21 2021-22 2022-23 2023·24 2024-25 2025-26 2026·27 2027-28 2028-29 2029·30 2030·31 2031-32 2032·33 2033-34 2034-35 203s..36 2036-37 2037·38 2038-39 2039-40 2040-41 2041-42 2042-43 2043-44 2044-45 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 94,966 (23,741 71,224 8,993) (3,569) 0 (22,483) 48,742 193,917 (48,479) 145,438 (38,783) (11,935) (1,951) (52,359) 93,079 TOTAL (YEARS 6·30) TOTAL (YEARS 6-45) ~ :t> '» V,} (1) Includes pre-1989 property tax override: County Retirement Levy (.0388%) and County Library Retirement 9/112005; 3:56 PM; RJW Prepared by Keyser Marston Associates. Inc. Filename: Vallco RDA -cupertino ti projupdatevals.xls; TI_Summary; Schedule A-1 Real Property Value Added Vallco Fashion Park Redevelopment Project City of Cupertino OOO's Omitted 5 6 2009-2010 2010-2011 4 2008-09 3 2007-08 2 2006-07 1 2005-06 Value Added 50,000 75,000 20,000 20,000 120,000 20,000 20,000 50,000 75,000 120,000 Development Description AMC 16 Theatre Parking Structures At Macy's and JCP Hotel North Rose West Housing (150 Units) Bowl Retail/Garage 1 2 3 4 5 o o 322,243 o o 315,924 125,000 136,591 309,730 60,000 169,744 169,744 o o o o o o 285,000 3.00% 102.00% 8/31/2005; 5:32 PM; RJW Total Real Property Value Total Real Property Value (Inflated) Cumulative Value with Prop 13 Increases Prepared by Keyser Marston Associates, Inc. Filename: Vallce RDA -cupertino ti projupdatevals.xls; TI~Detai; ~ ::to , :Þ -t:. Net Available Incremenl City see KpeIIditureObligation~ ...ßL 3: Net T~ Revenue G=' Increment Increment Housing Tax Tier Tier 2 Tier 3 StaMory Over Base 'evenue(1 Set Aside Revenue PassThru PassThru PassThru Pass $116,135 1-04050% -25.00% AfterHSA -20.00% -16.80% .11.20% Thro~ Schedule B Tax InCf"Ørßønt Revenue Projection Vallco Fashion Park Redevelopment Project City of Cupertino OOO's Omitted) Total Total T""" Fiscal Re.1 Inflationary N_ .~I Personal I Project Year Property G_ Projects Property Prn_ Value o o o o o o o o 997 1,149 1,151 1.152 1,151 1,149 1.147 1,144 1,138 1,133 1.123 1,114 U01 1.089 1,073 ,056 ,037 ,015 991 964 934 901 o o o o o (159) (167) (175) (184) (193) (203) (213) (224) (235) (241) (259) (272) (285) (300) (315) (331) (347) (365) (383) (402) (422) (443) (465) (489) (513) (264) (39) (100) (99) (59) (105) (110) (115) (438) (4601 (483) (507) (532) (5601 (587) (616) (647) (679) (714) (749) (787) (826) (867) (911) (956) (1,004) (1,054) (1,107) (1,163) ~ o o o o o o o 941 1.754 1,802 1,837 1,872 1,907 1,944 1,981 2,019 2,057 2,097 2,137 2,178 2,219 2,262 2,305 2,350 2,395 2,441 2,488 2,536 2,585 2,635 2,671 2,709 2,747 2,785 2,825 2,865 2,... 2,948 2,991 3,034 3,079 3,124 3,170 3,218 3,266 o 0 o 0 o (34211 o (638); o (655¡: o (688) o (721) o (754) o (789) o (824) o (860) o (896) o (933) o (971) o (1,010) o (1,049) o (1,089) o (1,130) o (1,172) o (1,215) o (1,259) o (1,303) o (1,348) o (1,394) o 1,442, 15 (1,504)' (30) (1,568) (45) (1,633) (61) (1,699) (77) (1,767) (93) (1,836) (110) (1,906) (127) (1,978)' (144) (2,052) (162) (2,126) (180) (2,203) (198) (2,280) (217) (2,360) (236) (2,441) (256) (2,523 o 0 o 0 (342) 0 (638) 0 (655) 0 (6731c::::illjJ (691) (30) (710) (46) (729) (62) (748) (78) (767) (94) (787) (111) (808) (128) (829) (146). (850) (163) (872) (182) (894) (200) (916) (219) (939) (238) (963) (258) (987) (278) (1,011) (299) (1,036) (320) (1,061) (341) 1,087 363 (1,113) (385) (1,140) (407) (1,168) (430) (1,196) (454) (1,224) (478) (1,254) (502) (1,283) (527) (1,314) (553) (1,345) (579) (1,376) (605) (1,408) (632) (1,441) (660) (1,475) (688) (1,509) (717) (1L544) (746) o o 1,283 2,392 2,458 2,524 2,592 2,662 2,732 2,805 2,878 2,953 3,030 3.108 3,187 3,269 3,351 3,436 3,522 3,610 3,700 3,791 3,884 3,_ 4,077 4,176 4,277 4,380 4,485 4,592 4,701 4,813 4,926 5,042 5,161 5,281 5,404 5,530 5,658 5,789 o o (428) (797) (819) (841) (8641 (887) (911) (935) (959) (984) (1,010) (1,036) (1,062) (1,090) (1,117) (1,145) (1,174) (1,203) (1,233) (1.264) (1,295) (1,327) ~ (1,392) (1,426) (1,460) (1,495) (1,531) (1,567) (1,604) (1,642) (1,681) (1,720) (1,760) (1,801) (1,843) (1,886) j!,930\ o o 1,711 3,190 3,277 3,366 3,457 3,549 3.643 3,739 3,831 3,937 4,04() 4,144 4,250 4.358 4,469 4,581 4,696 4,813 4,933 5,055 5,179 5,306 5,435 5,567 5,102 5,839 5,980 6,122 6,268 6,417 6,568 6,723 6,881 7,042 7,206 7,373 7,544 7118 o o 164,465 306,583 314,953 323,491 332,199 341,081 350,141 359,383 368,809 378,423 388,230 398,233 408,436 418,843 429,459 440.286 451,330 462,595 474,086 485,806 497,760 509,954 522,391 535,078 548,018 561,216 574,679 588,411 602,418 616,704 631,277 646,141 661,302 676,767 692,540 708,630 725,041 741,780 106,715 108,765 280,600 422,719 431,089 439,626 448,334 457,217 466,277 475,518 484,944 494,559 504,366 514,369 524,572 534,979 545,594 556,422 567,466 578,731 590,221 601,941 613,896 626,089 638,527 651,213 664,153 677,352 690,814 704,546 718,553 732,840 747,412 762,276 777,438 792,902 808,676 824,765 841,176 857c915 4,215 4,215 4,215 4,215 4,215 4,215 4,215 4,215 4,215 4,215 4,215 4,215 4,215 4,215 4,215 4,215 4.215 4,215 4,215 4,215 4,215 4,215 4,215 4,215 4,215 4,215 4,215 4,215 4,215 4,215 4,215 4.215 4,215 4,215 4,215 4,215 4,215 4,215 4,215 4,215 102,500 104,550 276,385 418,504 426,874 435,411 444,119 453,002 462,062 471,303 480,729 490,344 500,151 510,154 520,357 530,764 541,379 552,207 563,251 574,516 586,006 597,726 609,681 621,874 634,312 646,998 659,938 673,137 686,599 700,331 714,338 728,625 743,197 758,061 773,223 788,687 804,461 820,550 836,961 853,700 169,744 309,730 315,924 322,243 328,688 335,261 341,967 348,806 355,782 362,898 370,156 377,559 385,110 392,812 400,668 408,682 416,855 425,193 433,696 442,370 451,218 460,242 469,447 478,836 488,413 498,181 508,144 518,307 528,674 539,247 550,032 561,033 572,253 583,698 595,372 607,280 619,425 631L814 2,050 2,091 2,133 2,175 2,219 2,263 2,309 2,355 2,402 2,450 2,499 2,549 2,600 2,652 2,705 2,759 2,814 2,810 2,928 2,986 3,046 3,107 3,169 3,233 3,297 3,363 3.431 3.499 3,569 3,640 3,713 3,188 3,003 3.941 4,019 4,100 4,182 4,265 4,351 102,500 102,500 104,550 106,641 108,774 110,949 113,168 115.432 111,740 120,095 122.497 124,947 127,446 129,995 132,595 135,247 137,952 140,711 143,525 146,395 149,323 152,310 155,356 158,463 161,632 164,865 168,162 171,525 174,956 178,455 182,024 185,665 189,378 193.165 197,029 200,969 204,989 209,088 213,270 217L536 1 2000-01 2 2001-02 3 2002-03 4 2003-04 5 2004-05 6 2005-06 7 2006-01 8 2007-08 9 2008-09' 10 2009-10 11 2010-11 12 2011-12 13 2012-13 14 2013-14 15 2014-15 16 2015-16 17 2016-17 18 2017-18 19 2018-19 20 2019-20 21 2020-21 22 2021-22 23 2022-23 24 2023-24 25 2024-25 26 2025-26 27 2026-27 28 2027-28 29 2028-29 30 2029-30 31 2030-31 32 2031-32 33 2032-33 34 2033-34 35 2034-35 36 2035-36 37 2036-37 38 2037-38 39 2038-39 40 2039-40 41 2040-41 42 2041-42 43 2042-43 44 2043-44 45 2044-45 20,869 (6,124) (14,287) 48,742 (22,483) o (3,569) (18,993) 71,224 (23,74 94,966 TOTAL (YEARS 6-30) 93,079 (52,359) (1,951 ,935) ( 145,438 (38,783) (48,479) 193,917 TOTAL (YEARS 6-45) ~ '::t. , ~ (3) Includes part of the see contractual obligation sheriff cost only; no annexation costs induded consultants and (2) Includes staff costs, audit, an economicIRDA division :43 PM; RJW (1) Indudes pre-1989 property tax override: County Retirement levy (.0388%) and County library Retirement Prepared by Keyser Ma~ton Associates, Inc. Filename: Vallco RDA -cupertino net projections w-o annex.xls; TI_Summary; 91112005; List of Affected Taxing Agencies and Projected Project Area Base Year (1999/00) Revenues Vallco Redevelo~ment Proiect Area Share of Total Base Year Revenue (2J Project Area Base Year Property Tax Revenue Projected Pro)ectArea Base Year Assessed Values (1. 23.95% 4.30% 2.24% 24.70% 16.68% 6.37% 3.11% 15.09% 1.56% 0.97% 0.18% 0.18% 0.53% 0.14% $278,152 $49,987 $25,968 $266.895 $193,749 $73,962 $36.087 $175,263 $18,082 $11.229 $2,073 $2,148 $6,169 $1,590 $27,815,168 $4,998,716 $2.596,794 $28,689,526 $19,374,884 $7,396.152 $3,608.741 $17,526,302 $1,808,194 $1,122.864 $207,315 $214,826 $618,922 $159.014 Co,my County library City of Cupertino Cupertino Elementary School District Fremont Union High School District Foothill Community College County Office of Education Central Fire District Mid-Peninsula Open Space District SCVWD - North Central SCVWD Bay Area Air Quality Management District SCVWD - State Water Project SCVWO - Zone W-4 1 2 3 4 5 6 7 6 9 10 11 12 13 14 100.00% $1.161,354 $116,135,419 Totals Notes: County of Santa Clara Finance Agency - Controller-Treasurer Dept (1998-99) inflated 3%. Share during first 10 years of Plan. Share graduates in year 11 and again in year 31. AM;RTK (1 (2 PREPARED BY: KEYSER MARSTON ASSOCIATES, INC, FILENAME: cupertinotaxentitiesvals.xls; Taxing Agencies; 8/29/2005; 8:41 '7t) :t. I ~ ~ RESOLUTION NO. 05-02 A RESOLUTION OF THE CUPERTINO REDEVELOPMENT AGENCY STATING THE INTENTION OF THE BOARD TO ALLOCATE 25% OF DISCRETIONARY FUNDS TO BE EARMARKED FOR A PARKING STRUCTURE IN THE V ALLCO PROJECT AREA WHEREAS, the Vallco Project Area is currently in development with major planned improvements; and WHEREAS, such planned improvements will produce future tax increments which can be utilized for investment back into the project area; and WHEREAS, the owners of Vall co have requested tax increment monies to assist in the financing of one of two parking structures; and WHEREAS, a parking structure was planned as a part of the original Vallco redevelopment; NOW, THEREFORE, BE IT RESOLVED that the Cupertino Redevelopment Agency does hereby state its intent to allocate 25% of discretionary funds from the Redevelopment Agency future tax increment to be earmarked for a parking structure, based on the estimates in Schedules A and B (attached). PASSED AND ADOPTED at a regular meeting of the Cupertino Redevelopment Agency this _ day of 2005, by the following vote: Vote Members of the Redevelopment Agencv AYES: NOES: ABSENT: ABSTAIN : APPROVED: Chairman, Redevelopment Agency ATTEST: Secretary IBIT E E · ~ M/5c:. COVYImuv'\lutfr""5 u/ <1-~-ð5 Mayor & City Council members Dave Knapp Code Enforcement David Greenstein Marsha Hovey EXHIBIT We neighbors of City Hall/Civic Center are concerned that illegal parking will be a problem on September 24 and 25 during the Golden Jubilee. In the two page color ad in the The Scene, it says "Free Parking" but nowhere have we seen anything to encourage residents to WALK and BICYCLE to this event. During that last big gathering, cars began parking down Rodrigues, directly beside the signs that say No Parking at Any Time so we want to alert you early to this so that parking remain prohibited. Last time we could not find any sheriffs deputies or other officials, so this time, we hope that a presence will be visible and tickets will be written promptly if illegal parking starts. We hear so much about bike trails and pedestrians, yet this major opportunity to get people out on foot or bike has been totally overlooked - there is till time to make announcements or put it in print (the Courier, the web site, the sheriffs email alerts, etc) Please speak to your friends, colleagues, coworkers, sponsors to avert congestion by discouraging driving to the jubilee. Thank you - from owners and occupants along Rodriguez Avenue. d~~ tt iQ.t l3 7 q.. RCUJf1b D w)}Af1L .' ~ Co.- qSö)Lt- ¿¿5 - U~~ 'íW-t CJ~ M t~ cveL . " i:t ~lWW-CI- . .,' . ~ crt <L ~u ~~úoJ .~~ Qt ~lt¡cl. . ~ ~~Iì ~cuncL ve I kwv Qi~lW' 3JiÆs~ JJJoA ~ ÓtJ-L ~~. . OJ\J[& ~WCu.- lò Gd H~ '. 00 ?ISSBJ ~; ~j~Mf .V)f\C)'v"t ~UJ -tD. ~ ~~~ ~ =kÞ:SOOR t:fJ+~~c9- ~ thcd UUQ.. CUY\f W(y}(j- . o~R -to ~ evYìcl- ~ Lh.uri~ . OUf). "N~~ìhs cl\ C- f1~1Q/;A . (j.I{'d) ~ O1UL ~ wJ'tlA. qJ1t[~, \N~ ~--h> . d (ju~ , ~~~_:~ s rpT~(ç)J~b5 ~ ~. C)lbrOS;-~c-- L ~~ J.-!) (LOS) Impact on Intersection of Service Morning Peak Hour Afternoon Peak Hour Intersection Existing LOS Exist. + Ad. Existing LOS Exist. + Ad. Draft Draft De Anza Blvd wI: Homestead Road D E- C E 1-280 Northbound C D C C Ramps 1-280 Southbound C C C C Ramps Stevens Creek Blvd C- D+ D+ D McClellan Road C+ C C- D+ Bollinger Road C D C+ B- SR 85 Northbound C+ C- C+ B- Ramps SR 85 Southbound C+ D+ C C Ramps Rainbow Drive B B- B+ A Prospect Road C C- C- D+ Height Task Force Existing Gen. Adm. Plan. Plan Draft Comm. Monta Vista 2-3 stories 2-3 stories 2-3 stories 30' Vallco Park S. 35' 30-60' 30-60' + Heart of City 30-45' 30-45' 30-45' 45' Homestead 35' 30-45' 60' , City Ctr. 45' 30-60' 60'+ 45' N. DeAnza 30' 45-60' 60'+ r Vallco Park 30' 45' 45-60' 60' N. Amended Language Amended language proposed by the Planning Commission: o - Policy 2-70/ Strategy 2 Trail Projects. Implement the trail projects described in this element. Evaluate an safet securit and rivac im acts and measures associated with trail develo ment. Work with affected nei hborhoods in locatin urban creek trails and locate creek trails on the 0 osite side of the creek from residential develo ment Amended language I Additiona They also recommended adding the following text to the Regnart Creek and West Foothills Trails paragraph (page 2-54): o ...Ä comprehensive trail plan for Regnart Creek, as well as one for the west foothills, would be advantageous, to provide consistent trail designs for future development. Locations of creekside or on-street trails will be -- determined durin the ublic lannin rocess. , i'?Æ' Council Options · Alter the language as suggested by the Bicycle and Pedestrian Commission · Modify the wording to address specific concerns of the Council members · Eliminate the Regnart Creek trail segment as requested by the residents adjacent to Regnart Creek Linkages Trail The Ciry ofS"'HI~ LEGEND 3 . . ..1 Existing or Proposed Trail linkages ..... Future Trail Linkages City Boundary ---- Urban Service Area BOundary -- Sphere of Influence -.- BoundaryAgreementUne Unincorporated Areas 05 Mile H>OO "00 3OOOFft![ (j) "" lOOOMet~ 1/ J\ . <..'\,. hI" ".~é R, nchÒ. "~.. . ""n Anton. . .' -; ,/'. . ~rk-- .,,#' ~_ I' ""''',~,_ ",' ¡}' f ... , '...., ~.,. ..,g r'" :c:. /_.,,'~ "':"';'" , I ., " I .,1 '" J '''' .""~:..... : .", .. "\,.." :," ,tI!" · -~/; .', , "H '.. 'C____, tJ'~ ~..,,' ~ l':1 J.." ~...:' '> , . I """ I.,Inda." L__ '._, I "~~"'I',.VI.ta.. " I '-'. k ( Park~J"'" "".' i i.. '.â.~y ./¡1~i-'1'~;t"C, I . .' / '........" .~..~A.i'h" "',..., .... I~" ....... '. .'....JL.-11"·i"..."......,.\... /1<6 .. "... ... ... "" .".~.. . - I . . Ie, \1' T..r-- . , Ir' l , . '5'''¡ ._. ,,'7"~ - ,", " . ,,' j'_ ,"....,. ',. ..., ""....J, 'f '. ',_,<_, 'J r ; , _, .j, , ·'r·. .j i I C ,/""''', : "I '"''' ", '., , , "-" "J ' :: : L,~. , ' t'~ ì i\.." ,¡,.-;"'-;) ~ '\ " ~l" \1 \ / ! " "\ . ; . i ! _._J \'"~...---::::...--_._"_. Centers Projects with residential, quasi-public components or non-retail sales producers that are proposed to replace some or all of the existing industrial, office and commercial uses on a site in these areas will be evaluated on a case by case basis to determine if they are complementary to the overall business park or shopping center, or otherwise meet the following criteria 10) Prohibit non-reta uses from exceedin 25% of a shopp 9 center I Maintaining Cohesive Commercia and Office Parks rculation Ci y Balance the needs of pedestrians with desired traffic service. Where necessary and appropriate, allow a lowered LOS standard to better accommodate pedestrians on major streets and at specific intersections. ~ this po Restore ~ Strategy Traffic Signal Walk Times. This strategy is described in Policy 4-3. Added time on walk signs would be most appropriate near shopping districts, schools and senior citizen developments. ~TOpogJil)JhY , ~m_ - ."A ~""'H;~~~~~ tM~J;.:I"'-'rIJ.:** ~ · w '00 11 ·i Topography , " 00 D ".- 416..m 4S6,2iII SOl - - - 1'If - - - I~?\I ?J - - - 17,1?\I - - - "'I:m:l m;m "ffiJI7' ~ I ~ "NIIJI57 ':II ~ iIr" 1 lß,61& e.no ~ U6 *' 714 49S,4IJ _ill _n 2SQ,IiD4 - -- , - - - - ~.m 2ÞII,IIlI 2JI<I,íI I :IJI'6.~ - ~ w.mr l.Im.1IJ'2 1- 1.1"5 - W- I_~ m;m" 1.SU.l'K ~.. """.. m m- - - - - ~ - - 1JIII"""" ~ 4,Q1"IOO UIS.m .,..,... ~ i" 11...r!t J..m. 2II,An 1I,I1II7 uœ ¡,uoo ~ - - - - -  Ii]] ODII I Uß IßO - - - - - :!OIJS__'!'I'ftI""dmol ·11....... . .. -- "l21,Œ1O_iIot . U1DthaHP~......T' *--y--nt .... __tDdDo_&1J.Cn -- ~ ..- Adobe Terrace . . ~: 'It" I minary Landscape Plan Preli i ~ · · · ~ è % ! % · · I · t i ; , · · t · · I Î · I I i I I · I , · i i I i · i · I I I I I o ~!I ~ 'I! ~ li·f ~ II~ ::g ¡"!' ~~!! ¡:¡ ¡¡¡ - ~ gft ~. ¡ . ¡ i '" 'jí '" . I:J < . >=t~¡ ~ '.¡ .. '~Î .z: ç I!I_ i!:í..r;1!¡.. .. - ~1oI (~ Zoz ÏIß( -Q~ .Jzo. 101 ( 1l.J II. ENHANCED PAVING OVER STRUC1UR.AL SLAB (TYP.) LANDSCAPE SCREENING (IYP,) RAISED PLANŒRS AND srucco PILASTERS (TYP.) S' DIAMETER. RAISED TILE FOUNI'AIN RADIAL TRJID BANDS IN PAVJNG (TYP.) SEATING (TYP.: STREETTREES PER CITY OF CUPERTINO PYRUSCALLERYANA~'·BOX SPANISH GLAZED CERAMIC TILES ON WW 24" HIGH WAlL W/lERRA COTIAPOTS SALm.w TD...E IN BANDS (TYP.) ROWS OF PALMS AND HEDGES ATENJRY POTIED PLANTS AT RETAIL SPACE (IYP.) IIUILDIN[J - ITALIAN CYPRESSES AND OLEANDERS AT ENDS OF BUll.DINGS (IYP.) - ..~,~:. ....-0.. 1O-1s-a.. .-..-as ó ~ · < " " · 0 · z w > w i · · L. ~ ~ ~ - - - WOOD, srucco.t. TILE- EN11<Y ARBOR INTERLOCKnm BRICK PA VEIlS AT ENTRY AND PAR1Œ"lG(TYP.) SIDEWALK ALONG PROPERlY LINE ROW OF EVERGREEN TIlEES - ATEN'TRANCE TO GARAGE BELOW ......L~ ,,,.".,''''' @ ..~ .....n L-P, ... RAISED STUCCO PLANlERS WI COWRED TILE ACCENI'S (IYP,) RAISED GEOMlITRJC TILED FOUNTAIN· TWOTIERS SEATING(TYP. 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( --1--'-" I ;7 .~ '-"""_""'.:>.D'(_..~.",-.o¡-.J "-1Il_1_ .........11;0 __ .'(0- œ~...~..~" ,.".....-...:.........-"-............ .,,,,,._o-_ ...:L. ~~ "X-...." i ~"oo::..""=~~"W'"..._ ~~,",""'_T,,",,",",' ~Wd"r;:=-."=.r:"..=~,.,...., ¡w. = ""¡']I! ÞSM8MŒ is ""œ_, ,.__JO"'."""'_""-"'>£W~¡ tJII_tII.-I;,__.....,....P(JI- Of.=-'<.~~ IIE:J.I_",,- OU......"""""'-..,..''''..'''''''''' 000'1.-.__ ~~, ,ft ~ . :- "': . ¡ ~ t- ~ t:-_n_n__~_ ! · : ! ,. 'n! , · . · , ¡ ~ ': ': II " , 'LI · · : -- · -- ! ]Ð'·v --......--- r ¢> . ~ ~~_ _~arage Plan ----------- ~ If- ~ fl.. :" ro·· :: :: ~ ~ .. ... . ~ '. ... ..- - » ~'" ¢> "....,.. "ACE '" 0.-. ^ ~I --- -----....--- - ~ - (DGNIAOEP1AN 1 w,r_,,,,, --- ~I.M --- '" ^ ,-- -~ ---.-... .....-- -.-.........."- -- ........... ._ _"'I'L -~- ,.. I I·. 1 ...... , -'" . " ..... SO' ~-- ¡ !lCAU,r~·.I'-з -- ~ I ! -~~ I I ^ ~ . ~ ~ ~ -1~1 -_.~ , . - - r . , ~..., = 21.·0" .--.-- . . :- :- F '. ~ ;, ? ß ,. ¢> = ~"'_t!J", ~ ~ i --}----- ~··2· First Floor -- . N .'V .. ^ I "($ _.;1~ . -..-- L=: --- ~ ~ ~ NOR'TMEl.EVATION ~ 2 Front Elevation !!L~ATION NOTeS , .......-o..-.___ø:m......R..I[..-.__ L.........___...... "_"'-"'_oIIIC>.-ÐØ& ...------ ._~ ...---. ,........4 'l_~__. ..--.....---- t._______. ...,........4 ...--.,.......-- ......-- _100......4 a._-=-_ .-..................-.- 14___""'- ..-,.,.....-- k" ....""'-- n._......__ . ~n..____.xr.... ...-.....-...------ ,~ West Elevation WESTELEYAiION ;¡¡::;."Ø Cíty of Cupertino 10300 Torre Avenue Cupertino! CA 95014 (408)777-3308 Fax: (408) 777-3333 . Community D~velopment Department Of CUPERJINO Sum.m.ary Mà.rçh 1, 2005 Agenda Date: Agenda Item No. Application: U-200+01, ASA-2004-02,EA-2004-02 Applicant: Greg Pinn Owner: Pinn Brothers Construction Inc. Location: 20128 Stevens Creek Boulevard, APN 369-03-001 Application Summary: . USE PERMIT for a mixed-use retail and residential development and the demolition of an abandoned restaurant building. The revised plan provides for 2,395 square feet of retail and 23 reSideM81 emnûominiœì\ ARCI-II'TECTURAL & SITE APPRQVAL for this :revised design of a mixed-1.1Seretail and residentìa1. development . .. the following ways: U,1Ù,"-UOOJ.Vl''I Council Directions The applicant complied with the City Council's direction in . FCurrent Pro@sal 23 2,395 _sq. ft. 7 Condition of ~ Side setback requirement was addressed by reducing the height of the . building by lowering the podium walL Exception for side setback is no longer needed. Previous Pro£.osa1 29 2,OOO~q. ft. 6 N/A parking I Side setback 10 feet; podium wall 4 feet or less Increase side setback to 12 feet; podium wall at 4 feet orless The reduction of residences was achieved by eliminating the units above the commercial space and combining some of the one-bedroom units, forming more 2-bedroom units and an extra 3-bedroom unit. The pro,osal há~chanßed :ttGm t p1'Ojæt to an øwnerwpeondominÎ1lffl project. Council Direction - - Reduce the number of residential units Increase the conunerdalsquare footage Increase the number of surface parking stalls Umit commercial use t()a retailer ~ '!'.. .- c~\~ -r=.t~ ~ 2.\ m t,>< :?"'~;:C" ,.....".-"i; ,...,,---.,.~"," . :,"'''}' . .-' .' . ~',,";e..i; ~: -. ", ('\ ('\ ~:t\ 'µI -E>' I o U\ 6 [1'1 j '.. " [j" "I" ~I' t:.,~". '.' _. '.".. "'.'_ '.': FO.,,'i ~ ¡¡;',' ". .'.........,~. .,..e,. '__',;;-'<....~~.' '. ,:;,;.:~. . ~~" ,-",'~' co "'~""',., ,k<"'Þ"""ii:'-"-"---" "',. .,,-' ,.. ,,;-'F"'£.;' ~T -.;.,"''';;.hS; ~.-~, ' '4~ ' ~ <Z:_ '_~'L:f{~ . :V~.......,;,. ,'; ,¡?f'?;~ ...-:",:, ~. '-'~ "r-,;,::;; '~.o:--'4-~.\'.\ ~\ ¥' -' -=,~'\ I. ~~~I""!. '. i\ fl.. .. ,. ,;~ "'~'.;'"'" "r i""~~":'\~" __:''. ð"'~", , /1/((1 irr, , "ì , -' ,,' ¡ ~ ;.,' I, "1' ~ . - - ... '. ~~" -~.I""~ -4¡ -""""" --.. '. 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'j'<'M ~ /k ji,Af> fI¡.'<M ~ h)1u ~'i¡v,~ JVvi(M,LlrJ¡ ~ I P-I f( fì Jfl1~fIffl ~ ¡ó: (f¡1J~) 517-075 ò (!ømm( ~t- . , ~ id gr('J ð @ 'jo-hfJo,ÚJwj ~~'Æc~ 81d ~ ~<lt 5Co.~ 5f¡ ,