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08-17-10 Searcheable Packet èÛÚÐ×ÍÖùÍÎÈ×ÎÈÉ ûÕ×ÎØÛ ûÙÙÍÇÎÈÉìÛÃÛÚÐ×ÖÍÊÌ×ÊÓÍØ×ÎØÓÎÕòÇÐÃ øÊÛÖÈê×ÉÍÐÇÈÓÍÎ ûÙÙÍÇÎÈÉìÛÃÛÚÐ×ÖÍÊÌ×ÊÓÍØ×ÎØÓÎÕûÇÕÇÉÈ øÊÛÖÈê×ÉÍÐÇÈÓÍÎ ìÛÃÊÍÐÐÖÍÊÌ×ÊÓÍØ×ÎØÓÎÕûÇÕÇÉÈ øÊÛÖÈê×ÉÍÐÇÈÓÍÎ èÊ×ÛÉÇÊ×ÊÉóÎÆ×ÉÈÏ×ÎÈÛÎØúÇØÕ×Èê×ÌÍÊÈÖÍÊËÇÛÊÈ×Ê×ÎØÓÎÕ òÇÎ× ùÓÈÃùÍÇÎÙÓÐéÈÛÖÖê×ÌÍÊÈ óÎÆ×ÉÈÏ×ÎÈìÍÊÈÖÍÐÓÍ ìÓ× êÛÈ×ÍÖê×ÈÇÊÎùÔÛÊÈùÍÏÌÐÓÛÎÙ×éÙÔ×ØÇÐ× õ×Î×ÊÛÐöÇÎØúÇØÕ×Èê×ÌÍÊÈ ÷ÄÌ×ÎØÓÈÇÊ×ê×Æ×ÎÇ×ùÔÛÊÈÉ ûÐÙÍÔÍÐÓÙú×Æ×ÊÛÕ×ðÓÙ×ÎÉ×÷Ð×Æ×ÎéÈÍÊ× ôÍÏ×ÉÈ×ÛØ êØ éÈÛÖÖê×ÌÍÊÈ ø×ÌÛÊÈÏ×ÎÈÍÖûÐÙÍÔÍÐÓÙú×Æ×ÊÛÕ×ùÍÎÈÊÍÐûÌÌÐÓÙÛÈÓÍÎ ûÐÙÍÔÍÐÓÙú×Æ×ÊÛÕ×ðÓÙ×ÎÉ×ïÍÉÔÓïÍÉÔÓòÛÌÛÎ×É× ê×ÉÈÛÇÊÛÎÈ îÍÊÈÔåÍÐÖ×êØ éÈÛÖÖê×ÌÍÊÈ ø×ÌÛÊÈÏ×ÎÈÍÖûÐÙÍÔÍÐÓÙú×Æ×ÊÛÕ×ùÍÎÈÊÍÐûÌÌÐÓÙÛÈÓÍÎ ûÐÙÍÔÍÐÓÙú×Æ×ÊÛÕ×ðÓÙ×ÎÉ×éÏÍÑ×÷ÛÈ×ÊôÍÈåÓÎÕÉ é ø×ûÎÂÛúÐÆØ éÈÛÖÖê×ÌÍÊÈ ø×ÌÛÊÈÏ×ÎÈÍÖûÐÙÍÔÍÐÓÙú×Æ×ÊÛÕ×ùÍÎÈÊÍÐûÌÌÐÓÙÛÈÓÍÎ ê×ÆÓÉ×ØùÍÎÖÐÓÙÈÍÖóÎÈ×Ê×ÉÈùÍØ×ÖÍÊùÓÈÃÍÖÖÓÙÓÛÐÉÛÎØ Ø×ÉÓÕÎÛÈ×Ø×ÏÌÐÍÃ××É øÊÛÖÈê×ÉÍÐÇÈÓÍÎ õÊÛÎÈÍÖ÷ÛÉ×Ï×ÎÈÖÍÊêÍÛØÅÛÃìÇÊÌÍÉ×É ô×ÊÏÍÉÛ ûÆ×ÎÇ× õÊÛÎÈÍÖ÷ÛÉ×Ï×ÎÈ øÊÛÖÈê×ÉÍÐÇÈÓÍÎ ïÛÌ õÊÛÎÈÍÖ÷ÛÉ×Ï×ÎÈÈÍìÛÙú×ÐÐè×Ð×ÌÔÍÎ×ùÍÏÌÛÎÃÖÍÊ Ê×ÐÍÙÛÈ×ØÖÛÙÓÐÓÈÓ×ÉÛÈÈÔ×ïÛÊÃûÆ×ÎÇ×úÓÙÃÙÐ×öÍÍÈÚÊÓØÕ× éÈÛÖÖê×ÌÍÊÈ ê×ÉÍÐÇÈÓÍÎ õÊÛÎÈÍÖ÷ÛÉ×Ï×ÎÈ ëÇÓÈÙÐÛÓÏø××ØÛÎØûÇÈÔÍÊÓÂÛÈÓÍÎÖÍÊçÎØ×ÊÕÊÍÇÎØåÛÈ×Ê êÓÕÔÈÉ ô×ÊÏÍÉÛûÆ×ÎÇ× ëÇÓÈÙÐÛÓÏø××Ø øÊÛÖÈê×ÉÍÐÇÈÓÍÎ ïÛÌ ìÇÚÐÓÙóÏÌÊÍÆ×Ï×ÎÈûÕÊ××Ï×ÎÈ ô×ÊÏÍÉÛûÆ×ÎÇ× óÏÌÊÍÆ×Ï×ÎÈûÕÊ××Ï×ÎÈ øÊÛÖÈê×ÉÍÐÇÈÓÍÎ ïÛÌ óÏÌÊÍÆ×Ï×ÎÈûÕÊ××Ï×ÎÈ ûÏ×ÐÓÛùÍÇÊÈ óÏÌÊÍÆ×Ï×ÎÈûÕÊ××Ï×ÎÈ øÊÛÖÈê×ÉÍÐÇÈÓÍÎ ïÛÌ ìÛÆ×Ï×ÎÈïÛÓÎÈ×ÎÛÎÙ×ìÊÍÒ×ÙÈìÊÍÒ×ÙÈ éÈÛÖÖê×ÌÍÊÈ éÈÊ××ÈðÓÉÈ ïÛÌ ê×ÙÍÎÉÈÊÇÙÈÓÍÎÍÖùÇÊÚÉõÇÈÈ×ÊÉÛÎØéÓØ×ÅÛÐÑÉ éÈÛÖÖê×ÌÍÊÈ éÈÍÊÏÅÛÈ×ÊïÛÎÛÕ×Ï×ÎÈöÛÙÓÐÓÈÃ÷ÛÉ×Ï×ÎÈûÕÊ××Ï×ÎÈ ûÏ×ÐÓÛùÍÇÊÈ ÷ÛÉ×Ï×ÎÈûÕÊ××Ï×ÎÈ øÊÛÖÈê×ÉÍÐÇÈÓÍÎ ïÛÌ éÈÍÊÏÅÛÈ×ÊïÛÎÛÕ×Ï×ÎÈöÛÙÓÐÓÈÓ×ÉíÌ×ÊÛÈÓÍÎÛÎØïÛÓÎÈ×ÎÛÎÙ× ûÕÊ××Ï×ÎÈ ûÏ×ÐÓÛùÍÇÊÈ íÌ×ÊÛÈÓÍÎïÛÓÎÈ×ÎÛÎÙ×ûÕÊ××Ï×ÎÈ ê×ÉÍÐÇÈÓÍÎ ïÛÌ ê×ÉÓÕÎÛÈÓÍÎÍÖìÇÚÐÓÙéÛÖ×ÈÃùÍÏÏÓÉÉÓÍÎ×ÊùÔÛÊÐ×ÉùÛÐØÅ×ÐÐ ê×ÉÓÕÎÛÈÓÍÎÐ×ÈÈ×Ê ê×ÆÓÉ×ûØÏÓÎÓÉÈÊÛÈÓÆ×ìÊÍÙ×ØÇÊ×ÉÊ×ÐÛÈ×ØÈÍ÷ÄÌ×ÎÉ× ê×ÓÏÚÇÊÉ×Ï×ÎÈÛÎØûØÆÛÎÙ×ìÛÃÏ×ÎÈÚÃ×Ð×ÙÈ×ØÍÊÛÌÌÍÓÎÈ×Ø ÍÖÖÓÙÓÛÐÉ éÈÛÖÖê×ÌÍÊÈ ûØÏÓÎÓÉÈÊÛÈÓÆ×ìÊÍÙ×ØÇÊ×É ûÕÊ××Ï×ÎÈÅÓÈÔöÊ×ÏÍÎÈçÎÓÍÎôÓÕÔéÙÔÍÍÐøÓÉÈÊÓÙÈÛÎØ ùÇÌ×ÊÈÓÎÍçÎÓÍÎéÙÔÍÍÐøÓÉÈÊÓÙÈÊ×ÕÛÊØÓÎÕÈÊÛÖÖÓÙÙÍÎÕ×ÉÈÓÍÎÛÎØ ÉÛÖ×ÈÃÓÎÈÔ×ÛÊ×ÛÎ×ÛÊïÍÎÈÛæÓÉÈÛôÓÕÔéÙÔÍÍÐðÓÎÙÍÐÎ ÷Ð×Ï×ÎÈÛÊÃéÙÔÍÍÐÛÎØñ×ÎÎ×ØÃïÓØØÐ×éÙÔÍÍÐ éÈÛÖÖê×ÌÍÊÈ ûéÈÇØÃÚÃô×ÄÛÕÍÎèÊÛÎÉÌÍÊÈÛÈÓÍÎùÍÎÉÇÐÈÛÎÈÉóÎÙ úðÓÉÈÍÖÏ××ÈÓÎÕÌÛÊÈÓÙÓÌÛÎÈÉ ûÏ×ÎØÈÔ×ùÇÌ×ÊÈÓÎÍïÇÎÓÙÓÌÛÐùÍØ×ÈÍÛÐÐÍÅÛÉÈÍÌÉÓÕÎÍÎ ðÓÐÛÙåÛÃÛÈêÍÉ×úÐÍÉÉÍÏøÊÓÆ× éÈÛÖÖê×ÌÍÊÈ øÊÛÖÈíÊØÓÎÛÎÙ× ïÛÌ AGENDA CUPERTINO CITY COUNCIL ~ REGULAR ADJOURNED MEETING CUPERTINO REDEVELOPMENT AGENCY ~ REGULAR MEETING Quinlan Community Center, 10185 N. Stelling Road, Cupertino Room 10350 Torre Avenue, Community Hall Council Chamber Tuesday, August 17, 2010 5:00 p.m. JOINT MEETING WITH COMMISSIONS AND COMMITTEES ROLL CALL – 5:00 p.m. to 6:30 p.m., Quinlan Community Center 1.Subject: Commission reports to Council (order was determined by random drawing): Technology, Information, and Communications Commission Fine Arts Commission Bicycle Pedestrian Commission Parks and Recreation Commission Planning Commission Housing Commission Library Commission Audit Committee Public Safety Commission Teen Commission Recommended Action: Receive reports. Description: 5 minutes for each report. 2 minutes per commission requesting assistance from and offering help to other commissions. RECESS – Commissions and Committees adjourn CITY COUNCIL MEETING ROLL CALL – 6:45 p.m., Council Chamber CLOSED SESSION PLEDGE OF ALLEGIANCE August 17, 2010 Cupertino City Council Cupertino Redevelopment Agency CEREMONIAL MATTERS – PRESENTATIONS 2.Subject: Neighborhood Watch drawing for National Night Out. Recommended Action: Winner receives Ride-Along with Sheriff. 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. CONSENT CALENDAR Unless there are separate discussions and/or actions requested by council, staff or a member of the public, it is requested that items under the Consent Calendar be acted on simultaneously. 3.Subject: Accounts Payable for period ending July 30, 2010. Recommended Action: Adopt resolution. Attachments:Draft Resolution 4.Subject: Accounts Payable for period ending August 6, 2010. Recommended Action: Adopt Resolution. Attachments:Draft Resolution 5.Subject: Payroll for period ending August 6, 2010. Recommended Action: Adopt Resolution. Attachments:Draft Resolution 6.Subject: Treasurer's Investment and Budget Report for quarter ending June 2010. Recommended Action: Accept report. Attachments:Staff Report Attachments:Investment Portfolio Attachments:Pie/Rate of Return Chart & Compliance Schedule Attachments:General Fund Budget Report Attachments:Expenditure & Revenue Charts August 17, 2010 Cupertino City Council Cupertino Redevelopment Agency 7.Subject: Alcoholic Beverage License, 7 Eleven Store, 21220 Homestead Rd. Recommended Action: Approve application for Off-Sale Beer & Wine License. Attachments:Staff Report Attachments:Department of Alcoholic Beverage Control Application 8.Subject: Alcoholic Beverage License, Moshi Moshi Japanese Restaurant, 10831 North Wolfe Rd. Recommended Action: Approve application for On-Sale Beer and Wine for Bona Fide Public Eating Place. Attachments:Staff Report Attachments:Department of Alcoholic Beverage Control Application 9.Subject: Alcoholic Beverage License, Smoke Eater Hot Wings, 10650 S De Anza Blvd. Recommended Action: Approve application for On-Sale Beer and Wine for Bona Fide Public Eating Place. :Staff Report Attachments Attachments:Department of Alcoholic Beverage Control Application 10.Subject: Revised Conflict of Interest Code for City officials and designated employees. Recommended Action: Adopt resolution. Attachments:Draft Resolution 11.Subject: Grant of Easement for Roadway Purposes, 21914 Hermosa Avenue. Recommended Action: Adopt Resolution. Attachments:Grant of Easement Attachments:Draft Resolution Attachments:Map 12.Subject: Grant of Easement to Pac Bell Telephone Company for relocated facilities at the Mary Avenue Bicycle Footbridge. Recommended Action: Adopt Resolution. Attachments:Staff Report Attachments:Resolution Attachments:Grant of Easement August 17, 2010 Cupertino City Council Cupertino Redevelopment Agency 13.Subject: Quitclaim Deed and Authorization for Underground Water Rights, 21914 Hermosa Avenue. Recommended Action: Adopt Resolution. Attachments:Quitclaim Deed Attachments:Draft Resolution Attachments:Map 14.Subject: Public Improvement Agreement, 21914 Hermosa Avenue. Recommended Action: Adopt Resolution. Attachments:Improvement Agreement Attachments:Draft Resolution Attachments:Map 15.Subject: Improvement Agreement, 10231 Amelia Court. Recommended Action: Adopt Resolution. Attachments:Improvement Agreement Attachments:Draft Resolution Attachments:Map 16.Subject: 2010 Pavement Maintenance Project, Project #2010-04. Recommended Action: Award Contract. Description: Review bids and award the contract for the 2010 Pavement Maintenance Project, Project No. 2010-04 to the lowest, qualified bidder contingent on staff providing the results of the bid opening at the meeting. Attachments:Staff Report Attachments:Street List Attachments:Map 17.Subject: Reconstruction of Curbs, Gutters, and Sidewalks. Recommended Action: Award Contract. Description: Review bids and award the contract for the Reconstruction of Curbs, Gutters and Sidewalks, Project No. 2010-05 to the lowest, qualified bidder contingent on staff providing the results of the bid opening at the meeting. Attachments:Staff Report August 17, 2010 Cupertino City Council Cupertino Redevelopment Agency 18.Subject: Stormwater Management Facility Easement Agreement, 10231 Amelia Court. Recommended Action: Adopt Resolution. Attachments:Easement Agreement Attachments:Draft Resolution Attachments:Map 19.Subject: Stormwater Management Facilities Operation and Maintenance Agreement, 10231 Amelia Court. Recommended Action: Adopt Resolution. Attachments:Operation Maintenance Agreement Attachments:Resolution Attachments:Map 20.Subject: Resignation of Public Safety Commissioner Charles Caldwell. Recommended Action: Accept resignation and direct staff to recruit to fill vacancy. Attachments:Resignation letter 21.Subject: Revise Administrative Procedures related to Expense Reimbursement and Advance Payment by elected or appointed officials. Recommended Action: 1) Add Cupertino American Cancer Society to approved list of reimbursable fundraisers; 2) Eliminate pre-approval of International Travel, but limit total annual expenditures to $2,500. Attachments:Staff Report Attachments:Administrative Procedures ITEMS REMOVED FROM THE CONSENT CALENDAR (above) PUBLIC HEARINGS UNFINISHED BUSINESS NEW BUSINESS 22.Subject: Agreement with Fremont Union High School District and Cupertino Union School District regarding traffic congestion and safety in the area near Monta Vista High School, Lincoln Elementary School and Kennedy Middle School. Recommended Action: Authorize City Manager to negotiate and execute agreement. Attachments:Staff Report Attachments:A. Study by Hexagon Transportation Consultants, Inc. Attachments:B. List of meeting participants August 17, 2010 Cupertino City Council Cupertino Redevelopment Agency 23.Subject: Amend the Cupertino Municipal Code to allow a stop sign on Lilac Way at Rose Blossom Drive. Recommended Action: Conduct first reading of ordinance. Description: An ordinance of the City Council of the City of Cupertino amending Section 11.20.020 of the Cupertino Municipal Code relating to establishment of vehicular stop required at certain intersections; Lilac Way/Lilac Court at Rose Blossom Drive. Attachments:Staff Report Attachments:Draft Ordinance Attachments:Map 24.Subject: Discuss Commission recommendations from joint meeting. ORDINANCES STAFF REPORTS COUNCIL REPORTS ADJOURNMENT Adjourn to September 7 at 4:00 p.m. for Parks & Recreation Commission and Fine Arts Commission interviews, City Hall Conference Room A, 10300 Torre Avenue. REDEVELOPMENT AGENCY MEETING Canceled for lack of business. The City of Cupertino has adopted the provisions of Code of Civil Procedure §1094.6; litigation challenging a final decision of the City Council/Redevelopment Agency must be brought within 90 days after a decision is announced unless a shorter time is required by State or Federal law. Any interested person, including the applicant, prior to seeking judicial review of the city council’s decision with respect to quasi-judicial actions, must first file a petition for reconsideration with the city clerk within ten days after the council’s decision. Any petition so filed must comply with municipal ordinance code §2.08.096. 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 of the meeting. Any writings or documents provided to a majority of the Cupertino City Council after publication of the packet will be made available for public inspection in the City Clerk’s Office located at City Hall, 10300 Torre Avenue, during normal business hours and in Council packet archives linked from the agenda/minutes page on the Cupertino web site. ADMINISTRATIVE SERVICES DEPARTMENT ùóèãôûðð èíêê÷ûæ÷îç÷§ùçì÷êèóîíùû è÷ð÷ìôíî÷ ÅÅÅÙÇÌ×ÊÈÓÎÍÍÊÕ CITY COUNCIL STAFF REPORT Meeting: August 17, 2010 Subject Treasurer’s Investment and Budget Report for quarter ending June 2010 Recommended Action Accept the report Description Investments The market and book value of the City’s portfolio both totaled $49.2 million at June 30, 2010. The portfolio’s June yield of 0.38% was down from 0.44% in month ending March 31, 2010 and 0.74% a year ago due to the decision to take the portfolio to a safe and liquid mix of investments given the risk and volatility of the current market. The LAIF benchmark was at 0.53% for June, down from 0.55% in month ending March 31, 2010 and 1.38% a year ago, reflective of their move to a higher percentage of investments backed by the full faith and credit of the federal government. The City’s portfolio decreased from the month ending March 31, 2010 by $2.4 million due to the net of sales and property tax receipts in April and the transfer of money to the Retiree Medical PARS Trust in June. $19.5 million in Treasuries and $2 million in Agency Notes matured this quarter most of which was re-invested in $20 million worth of Treasury notes. The Retiree Medical PARS Trust, established on June 21, 2010, at $7 million, lost about $15,000 in market value through June 30, 2010 due to declines in equities. Because of the trust’s allocation between bond, equity, and money market mutual funds, short-term volatility of market value is anticipated, with positive returns expected in the long run to fund future retiree medical obligations. Investments are in full compliance with the City investment policy and State law and are tiered to provide sufficient cash flows to pay City obligations over the next six months. Market values on individual securities in the investment portfolio are provided by Wells Fargo Bank Institutional Trust Services using valuations from Interactive Data Pricing and Reference Data, Inc. General Fund Revenues and Expenditures Revenues, excluding transfers, ended the fiscal year 12% or $5.1 million below last year and 5% or $1.7 million below budget. Property taxes, sales taxes, permit, fine, and interest revenues led the decline. Transient occupancy taxes, utility taxes, franchise fees, and other taxes were steady. Charges for services improved over last year, but not to the degree expected in the budget. The business-to-business sales tax sector did not recover as expected and a portion of permit revenues from the Rosebowl development were delayed. The State’s borrowing of City property taxes occurred this year. Interest earnings indicated the yearly difference of the City’s investment yield, as discussed above. To offset the revenue picture, expenditures, excluding transfers, were kept within 7% or $2.3 million under budget, as departments held the line on discretionary spending. Outlays were 2% or $0.7 million over last year. Prepared by: David Woo, Deputy City Treasurer Reviewed by: Carol A. Atwood, City Treasurer Approved for Submission by: David W. Knapp, City Manager Attachments: Investment Portfolio and Charts General Fund Budget Report and Charts City of Cupertino Investment Portfolio June 30, 2010 ACTIVITY DATECOUPONYIELDADJUSTEDMATURITYMARKETUNREALIZED PURCHASEMATURITYDESCRIPTIONRATE To Maturity COSTVALUEVALUEPROFIT/LOSS SECURITIES MATURED 03/30/0904/15/10US Treasury Note 4.00%0.60%3,000,0003,000,0003,000,0000 10/29/0904/29/10US Treasury Bill0.15%0.15%4,000,0004,000,0004,000,0000 06/25/0805/07/10FFCB4.75%3.38%1,000,0001,000,0001,000,0000 12/07/0905/20/10US Treasury Bill0.15%0.15%4,000,0004,000,0004,000,0000 05/07/0806/11/10FHLB3.00%2.98%1,000,0001,000,0001,000,0000 06/24/0905/31/10US Treasury Note 2.63%0.40%1,000,0001,000,0001,000,0000 06/29/0905/31/10US Treasury Note 2.63%0.38%1,000,0001,000,0001,000,0000 12/21/0906/17/10US Treasury Bill0.13%0.13%4,000,0004,000,0004,000,0000 04/30/0906/30/10US Treasury Note 2.88%0.50%2,500,0002,500,0002,500,0000 SECURITIES PURCHASED 04/26/1002/28/11US Treasury Note 0.88%0.39%5,016,0265,000,0005,019,3503,324 04/29/1004/30/11US Treasury Note 4.88%0.43%6,221,5376,000,0006,225,0003,463 05/27/1005/31/11US Treasury Note 4.88%0.41%5,204,2685,000,0005,205,6501,382 06/28/1012/31/10US Treasury Note 0.88%0.15%2,007,2652,000,0002,006,778(487) 06/28/1006/30/11US Treasury Note 1.13%0.33%2,015,7732,000,0002,014,460(1,313) CITY PORTFOLIO CASH 06/30/10Wells Fargo - Workers Comp Checking7,7587,7587,7580 06/30/10Wells Fargo - Regular Checking228,152228,152228,1520 06/30/10Wells Fargo - Repurchase Agreements0.10%0.10%363,164363,164363,1640 599,074599,074599,0740 LAIF 593,219593,219593,2190 06/30/10LAIF - State Pool0.53%0.53% CERTIFICATES OF DEPOSIT 12/28/0512/28/10Natl Bnk of New York City, Flushing NY4.90%4.90%97,00097,00098,9881,988 97,00097,00098,9881,988 MONEY MARKET FUNDS 06/30/10Wells Fargo 100% Treasury0.01%0.01%8,348,2038,348,2038,348,2030 8,348,2038,348,2038,348,2030 AGENCY NOTES 01/30/0909/10/10FHLB 5.13%1.33%1,007,3801,000,0001,010,0002,620 1,007,3801,000,0001,010,0002,620 US TREASURY SECURITIES 05/14/0907/31/10US Treasury Note 2.75%0.50%3,005,7083,000,0003,006,330622 05/21/0908/31/10US Treasury Note 2.38%0.50%3,009,5033,000,0003,010,8901,387 05/29/0909/30/10US Treasury Note 2.00%0.62%2,006,8932,000,0002,008,9002,007 01/29/1012/31/10US Treasury Note 0.88%0.25%2,507,9152,500,0002,507,307(608) 06/28/1012/31/10US Treasury Note 0.88%0.15%2,007,2652,000,0002,006,778(487) 01/29/1001/31/11US Treasury Note 0.88%0.28%2,508,6962,500,0002,508,975279 04/26/1002/28/11US Treasury Note 0.88%0.39%5,016,0265,000,0005,019,3503,324 03/26/1003/31/11US Treasury Note 0.88%0.44%5,016,1995,000,0005,021,1004,901 04/29/1004/30/11US Treasury Note 4.88%0.43%6,221,5376,000,0006,225,0003,463 05/27/1005/31/11US Treasury Note 4.88%0.41%5,204,2685,000,0005,205,6501,382 06/28/1006/30/11US Treasury Note 1.13%0.33%2,015,7732,000,0002,014,460(1,313) 38,519,78238,000,00038,534,74014,958 Total Managed Portfolio49,164,65848,637,49649,184,22419,566 Average Yield0.38% Average Length to Maturity (in years) 0.49 City of Cupertino Investment Portfolio June 30, 2010 ACTIVITY DATEJUNE 2010ADJUSTEDMATURITYMARKETUNREALIZED PURCHASEMATURITYDESCRIPTIONRETURNCOSTVALUEVALUEPROFIT/LOSS TRUST PORTFOLIO MUTUAL FUNDSRetiree Medical PARS Trust 06/30/10HighMark Diversified Money Mkt Fund0.01%6,237,3776,237,3776,237,3770 06/30/10Columbia Small Cap Value Fund II-9.03%34,34332,88332,883(1,460) 06/30/10Davis New York Venture Fund-4.26%34,43033,18233,182(1,248) 06/30/10Dodge & Cox International Stock Fund-1.87%17,18016,46616,466(714) 06/30/10Eaton Vance Large Cap Value Fund-5.72%34,39432,99332,993(1,401) 06/30/10First American Real Estate Securities Fund-5.13%34,38933,10633,106(1,283) 06/30/10HighMark Bond Fund1.33%104,997105,558105,558561 06/30/10HighMark Geneva Growth Fund-4.90%17,22516,63416,634(591) 06/30/10HighMark International Opportunities Fund-0.69%34,48433,27533,275(1,209) 06/30/10HighMark Large Cap Value Fund-6.29%34,40733,12033,120(1,287) 06/30/10John Hancock Rainier Growth Fund-6.18%34,37132,72932,729(1,642) 06/30/10Lazard Emerging Markets Institutional-0.40%17,29516,60716,607(688) 06/30/10Manning & Napier Equity Fund-6.65%34,38433,01733,017(1,367) 06/30/10MFS International Growth Fund-0.24%17,29316,71416,714(579) 06/30/10Pimco Funds Total Return Fund1.70%104,910105,472105,472562 06/30/10T Rowe Price Growth Stock Fund-5.98%34,30232,67532,675(1,627) 06/30/10T Rowe Price New Horizons Fund-6.42%17,23916,63316,633(606) 06/30/10TIAA-CREF Mid-Cap Value Instl Fund-6.23%17,19616,49016,490(706) 06/30/10Vanguard Short-Term Investment Grade0.76%140,001140,263140,263262 7,000,2176,985,1946,985,194(15,023) ACTIVITY DATECOUPONYIELDADJUSTEDMATURITYMARKETUNREALIZED PURCHASEMATURITYDESCRIPTIONRATE To Maturity COSTVALUEVALUEPROFIT/LOSS Kester Trust MONEY MARKET FUNDS 06/30/10Wells Institutional Money Mkt Acct0.15%0.15%48,36848,36848,3680 Total Trust Portfolio7,048,5857,033,5627,033,562(15,023) BOND RESERVE PORTFOLIO Bond Reserve Acct Ambac Assurance Security Bond111 Bond Payment Acct Wells Treasury Plus Money Mkt0.01%0.01%2,496,9722,496,9722,496,9720 Total Bond Reserve Portfolio2,496,9722,496,9722,496,9720 ñª`«ªY¼Y ÜªÐÉ£ø£±Ã£ Ôß×Ú Ý¿¸ ïû ïû Ó±²»§ Ó¿®µ»¬ ïéû ÝÜù ïû ß¹»²½§ Ò±¬» îû ËÍ Ì®»¿«®·» éèû Rate of Return Comparison ðûóö ùÇÌ×ÊÈÓÎÍ ùÍÏÌÐÓÛÎÙ×éÙÔ×ØÇÐ× COMPLIANCE WITH INVESTMENT POLICY City of Cupertino June 30, 2010 CategoryStandardComment Treasury IssuesNo limitComplies US Agencies No limitComplies Medium Term Corporate Bonds30% with A ratingComplies LAIF$50 millionComplies Money Market Funds20%Complies Maximum MaturitiesUp to 5 yearsComplies Per Issuer Max10% (except for Treasuries and US Agencies)Complies Bankers Acceptances 180 days & 40%Complies Commercial Paper270 days & 25%Complies Negotiable Certificates of Deposit30%Complies Repurchase Agreements365 daysComplies Reverse Repurchase agreementsProhibitedComplies ìÛÕ× General Fund Expenditures Projected vs. Actual ìÊÍÒ×ÙÈ×ØÌ×ÊÙÇÊÊ×ÎÈÚÇØÕ×È ûÙÈÇÛÐ Month Sales Tax Projections vs. Actual ìÊÍÒ×ÙÈ×ØÌ×ÊÙÇÊÊ×ÎÈÚÇØÕ×È ûÙÈÇÛÐ Month Property Tax Projections vs. Actual ìÊÍÒ×ÙÈ×ØÌ×ÊÙÇÊÊ×ÎÈÚÇØÕ×È ûÙÈÇÛÐ Month Transient Occupancy Tax Projected vs. Actual ìÊÍÒ×ÙÈ×ØÌ×ÊÙÇÊÊ×ÎÈÚÇØÕ×È ûÙÈÇÛÐ Month Licenses & Permits Projected vs. Actual ìÊÍÒ×ÙÈ×ØÌ×ÊÙÇÊÊ×ÎÈÚÇØÕ×È ûÙÈÇÛÐ Month Charges for Services Projected vs. Actual ìÊÍÒ×ÙÈ×ØÌ×ÊÙÇÊÊ×ÎÈÚÇØÕ×È ûÙÈÇÛÐ Month Use of Money & Property Projected vs. Actual ìÊÍÒ×ÙÈ×ØÌ×ÊÙÇÊÊ×ÎÈÚÇØÕ×È ûÙÈÇÛÐ Month COMMUNITY DEVELOPMENT DEPARTMENT ùóèãôûðð èíêê÷ûæ÷îç÷§ùçì÷êèóîíùû è÷ð÷ìôíî÷ ÅÅÅÙÇÌ×ÊÈÓÎÍÍÊÕ CITY COUNCIL STAFF REPORT Meeting: August 17, 2010 Subject Alcoholic Beverage License, 7 Eleven Store, 21220 Homestead Rd. Recommended Action Approve application for Off-Sale Beer & Wine License. Description Name of Business: 7 Eleven Store 2367-14320F Location: 21220 Homestead Road Type of Business: Market Type of License: Off Sale Beer & Wine (20) Reason for Application: Fiduciary Transfer Discussion There are no use permit restrictions or zoning restrictions which would prohibit this use and staff has no objection to the issuance of the license. License Type 20 authorizes the sale of beer and wine for consumption off the premises where sold. _____________________________________ Prepared by: Traci Caton, Planning Department Reviewed by: Gary Chao, City Planner; Aarti Shrivastava, Director of Community Development Approved for Submission by: David W. Knapp, City Manager Attachments: Department of Alcohol Beverage Control Application for Alcoholic Beverage License COMMUNITY DEVELOPMENT DEPARTMENT ùóèãôûðð èíêê÷ûæ÷îç÷§ùçì÷êèóîíùû è÷ð÷ìôíî÷ ÅÅÅÙÇÌ×ÊÈÓÎÍÍÊÕ CITY COUNCIL STAFF REPORT Meeting: August 17, 2010 Subject Alcoholic Beverage License, Moshi Moshi Japanese Restaurant, 10831 North Wolfe Rd. Recommended Action Approve application for On-Sale Beer and Wine for Bona Fide Public Eating Place. Description Name of Business: Moshi Moshi Japanese Restaurant Location: 10831 North Wolfe Road Type of Business: Restaurant Type of License: On-Sale Beer and Wine for Bona Fide Public Eating Place (41) Reason for Application: Original & Annual Fees, State & Federal Fingerprints Discussion There are no use permit restrictions or zoning restrictions which would prohibit this use and staff has no objection to the issuance of the license. License Type 41 authorizes the sale of beer and wine for consumption on the premises where sold. _____________________________________ Prepared by: Traci Caton, Planning Department Reviewed by: Gary Chao, City Planner; Aarti Shrivastava, Director of Community Development Approved for Submission by: David W. Knapp, City Manager Attachment: Department of Alcohol Beverage Control Application for Alcoholic Beverage License COMMUNITY DEVELOPMENT DEPARTMENT ùóèãôûðð èíêê÷ûæ÷îç÷§ùçì÷êèóîíùû è÷ð÷ìôíî÷ ÅÅÅÙÇÌ×ÊÈÓÎÍÍÊÕ CITY COUNCIL STAFF REPORT Meeting: August 17, 2010 Subject Alcoholic Beverage License, Smoke Eater Hot Wings, 10650 S De Anza Blvd. Recommended Action Approve application for On-Sale Beer and Wine for Bona Fide Public Eating Place. Description Name of Business: Smoke Eater Hot Wings Location: 10650 South De Anza Boulevard Type of Business: Restaurant Type of License: On-Sale Beer and Wine for Bona Fide Public Eating Place (41) Reason for Application: Original & Annual Fees Discussion There are no use permit restrictions or zoning restrictions which would prohibit this use and staff has no objection to the issuance of the license. License Type 41 authorizes the sale of beer and wine for consumption on the premises where sold. _____________________________________ Prepared by: Traci Caton, Planning Department Reviewed by: Gary Chao, City Planner; Aarti Shrivastava, Director of Community Development Approved for Submission by: David W. Knapp, City Manager Attachment: Department of Alcohol Beverage Control Application for Alcoholic Beverage License RESOLUTION NO. 10- A RESOLUTION OF THE CUPERTINO CITY COUNCIL RESCINDING RESOLUTION NO. 08-125 AND ADOPTING A REVISED CONFLICT OF INTEREST CODE OF THE CITY OF CUPERTINO FOR OFFICIALS AND DESIGNATED EMPLOYEES RESOLVED, by the City Council of the City of Cupertino as follows: 1.Amendment and Repeal That the Code entitled, “Conflict of Interest Code of the City of Cupertino for Officials and Designated Employees” is hereby amended, approved, and adopted as set forth in Exhibit A, along with attached appendices A, B, and C incorporated herein by reference in which members and employees are designated hereto and by this reference made a part hereof. It is further resolved that Resolution 08-125 is hereby rescinded. 2.Effective Date The effective date of the amendments to this Code shall be thirty (30) days after adoption of this resolution by the City Council. 3.Filing of Resolution The City Clerk is hereby directed to file a copy of this resolution with her office and to make it available to members of the general public. PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this 17th day of August, 2010, by the following vote. VoteMembers of the City Council AYES: NOES: ABSENT: ABSTAIN: ATTEST: APPROVED: ______________________ _______________________________ City Clerk Mayor, City of Cupertino Resolution No. 10- Page 2 EXHIBIT A CONFLICT OF INTEREST CODE OF THE CITY OF CUPERTINO FOR OFFICIALS AND DESIGNATED EMPLOYEES The Political Reform Act, Government Code Section 81000, et seq., requires state and local government agencies to adopt and promulgate conflict of interest codes. The Fair Political Practices Commission has adopted a regulation, 2 Cal. Code of Regs. Section 18730, which contains the terms of a standard conflict of interest code. It can be incorporated by reference and may be amended by the Fair Political Practices Commission after public notice and hearings to conform to amendments to the Political Reform Act. Therefore, the terms of 2 Cal. Code of Regs. Section 18730 and any amendments to it duly adopted by the Fair Political Practices Commission are hereby incorporated by reference and, along with attached Appendix in which members and employees are designated and disclosure categories are set forth constitutes the conflict of interest code of the City of Cupertino. Officials and designated employees shall file statements of economic interests (Form 700) with the City Clerk who will make the statements available for public inspection and reproduction. (Gov. Code Section 81008). Upon receipt of the statements (Form 700) of the City of Cupertino City Council, City Manager, City Attorney, City Treasurer, and Planning Commissioners, the agency shall make and retain a copy and forward the original of these statements to the Fair Political Practices Commission. The City Clerk will retain original statements for all other designated employees. It has been determined that the positions listed below manage public investments and will file a statement of economic interests (Form 700) pursuant to Government Code Section 87200: City Treasurer Deputy City Treasurer Resolution No. 10- Page 3 APPENDIX A DESIGNATED POSITIONS AND APPLICABLE REPORTABLE INTEREST CATEGORIES The following positions shall report all applicable interests in these six categories: CATEGORIES Investments - Stocks, Bonds and Other Interests (Ownership is Less Than 10%) Investments, Income and Assets of Business Entities and Trusts (Ownership is 10% or Greater) Interests in Real Property (Including Rental Income) Income, Loans and Business Positions (Other than Gifts and Travel Payments) Income - Gifts Income – Gifts (Travel Payments, Advances, and Reimbursements) DESIGNATED POSITIONS Assistant City Attorney Assistant Director of Public Works – Engineering Assistant Director of Public Works - Maintenance City Attorney City Manager Consultants** Deputy City Attorney Director of Administrative Services Director of Community Development Director of Parks and Recreation Director of Public Works Finance Director Human Resources Director Planning Commission members Redevelopment Agency Members ** A Consultant is defined as an individual who contracts with or whose employer contracts with state or local government agencies and who makes, participates in making, or acts in a staff capacity for making governmental decisions. FPPC Regulation 18701 defines “consultants” as including the following individuals who make a governmental decision whether to: • Approve a rate, rule, or Regulation • Adopt or enforce a law • Issue, deny, suspend, or revoke any permit, license, application, certificate, approval, order, or similar authorization or entitlement Resolution No. 10- Page 4 • Authorize the agency to enter into, modify, or renew a contract provided it is the type of contract that requires agency approval • Grant agency approval to a contract that requires agency approval and to which the agency is a party, or to the specifications for such a contract • Grant agency approval to a plan, design, report, study, or similar item • Adopt, or grant agency approval of, policies, standards, or guidelines for the agency or for any of its subdivisions A consultant also is an individual who serves in a staff capacity with the agency and: • Participates in making a governmental decision; or • Performs the same or substantially all the same duties for the agency that would otherwise be performed by an individual holding a position specified in the agency’s conflict-of-interest code. The City Manager may determine in writing that a particular consultant, although a “designated position”, is hired to perform a range of duties that is limited in scope and thus is not required to fully comply with the disclosure requirements in this section. Such written determination shall include a description of the consultant’s duties and, based upon that description, a statement of the extent of disclosure requirements. The City Manager’s determination is a public record and shall be retained for public inspection in the same manner and location as this conflict of interest code. Resolution No. 10- Page 5 APPENDIX B DESIGNATED POSITIONS AND APPLICABLE REPORTABLE INTEREST CATEGORIES The following positions shall report all applicable interests in these three categories: CATEGORIES Investments, Income and Assets of Business Entities and Trusts (Ownership is 10% or Greater) Income, Loans and Business Positions (Income other than Gifts and Travel Payments) Income – Gifts (Travel Payments, Advances, and Reimbursements) DESIGNATED POSITIONS Employees: Assistant Civil Engineer Public Works Inspector Associate Civil Engineer Public Works Projects Manager Assistant Planner Public Works Supervisor Associate Planner Recreation Supervisor Building Inspector Redevelopment/Economic Dev. Mgr. Building Inspector –Counter Specialist Senior Building Inspector Building Official Senior Code Enforcement Officer City Architect Senior Civil Engineer City Clerk Senior Engineering Technician City Planner Senior Planner Code Enforcement Officer Senior Recreation Supervisor Engineering Technician Senior Traffic Technician Environmental Affairs Coordinator Traffic Engineer Environmental Programs Manager Web Specialist Information Technology Manager Public and Environmental Affairs Director Resolution No. 10- Page 6 APPENDIX C COMMISSIONS AND APPLICABLE REPORTABLE INTEREST CATEGORIES The following positions shall report all applicable interests in these two categories: CATEGORIES Investments, Income and Assets of Business Entities and Trusts (Ownership is 10% or Greater) Income, Loans and Business Positions (Income other than Gifts and Travel Payments) COMMISSIONS Audit Committee Bicycle Pedestrian Commission Community Development Block Grant (CDBG) Steering Committee Fine Arts Commission Housing Commission Library Commission Parks and Recreation Commission Public Safety Commission Senior Citizens Commission Technology, Information, and Communications Commission RESOLUTION NO. 10- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO ACCEPTING GRANT OF EASEMENT FOR ROADWAY PURPOSES FROM JAMES R. COURTRIGHT AND PAMELA L. COURTRIGHT, 21914 HERMOSA AVENUE, APN 357-16-048 WHEREAS, James R. Courtright and Pamela L. Courttright, have executed a Grant of Easement for Roadway Purposes, which is in good and sufficient form, granting the City of Cupertino, County of Santa Clara, State of California, easement over certain property for roadway purposes situate at 21914 Hermosa Avenue, APN 357-16-048, more particularly described in Exhibit “A” and Exhibit “B”, attached hereto and made a part hereof. 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 17th day of August, 2010, by the following vote: Vote Members of the City Council AYES: NOES: ABSENT: ABSTAIN: ATTEST: APPROVED: _________________________ ________________________ City Clerk Mayor, City of Cupertino éÇÚÒ×ÙÈõÊÛÎÈÍÖ÷ÛÉ×Ï×ÎÈÖÍÊêÍÛØÅÛÃìÇÊÌÍÉ×É ô×ÊÏÍÉÛûÆ×ÎÇ× ò ê×ÙÍÏÏ×ÎØ×ØûÙÈÓÍÎûØÍÌÈê×ÉÍÐÇÈÓÍÎ PUBLIC WORKS DEPARTMENT ùóèãôûðð èíêê÷ûæ÷îç÷§ùçì÷êèóîíùû è÷ð÷ìôíî÷ ÅÅÅÙÇÌ×ÊÈÓÎÍÍÊÕ CITY COUNCIL STAFF REPORT Meeting: August 17, 2010 Subject Grant of Easement to Pac Bell Telephone Company for relocated facilities at the Mary Avenue Bicycle Footbridge. Recommended Action Adopt a resolution. Discussion During the construction of the Mary Ave. Bicycle Footbridge it became necessary for Pacific Bell Telephone to relocate existing facilities. The existing facilities were located in an easement and therefore the new facilities need to be located in an easement. This easement area is within the area that will be transferred to the State of California when we complete the Right of Way transfer. The easement is located on the freeway side of the sound wall. This action is required to complete the Right of Way transfer to the State of California for the north footing of the Mary Ave. Bicycle Footbridge. It is required because Pacific Bell Telephone has facilities that the City required to be moved because of the construction. _____________________________________ Prepared by: Carmen Lyanugh Reviewed by: Terry W. Greene, City Architect Approved for Submission by: David W. Knapp, City Manager Attachments: Draft Resolution Grant of Easement RESOLUTION NO. 10- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO ACCEPTING A GRANT OF EASEMENT FROM THE CITY OF CUPERTINO TO PACIFIC BELL TELEPHONE WHEREAS, the City Council of the City of Cupertino has approved the grant of easement from the City of Cupertino to Pacific Bell Telephone for their facilities on the City’s Right of Way at the Mary Avenue Bicycle Footbridge North tower. WHEREAS, The City of Cupertino will execute the grant of easement, which is in good and sufficient form, granting to Pacific Bell Telephone, the easement over real property to be utilized for their facilities, situate in the City of Cupertino, and more particularly described in Exhibits A and B, attached hereto and made a part hereof, and WHEREAS, the City Manager has been authorized to sign the necessary documents to grant the easement. NOW, THEREFORE, BE IT RESOLVED, that the City of Cupertino hereby approves said grant so tendered; and BE IT FURTHER RESOLVED that the City Clerk is hereby authorized to record said grant of easement. PASSED AND ADOPTED at a regular meeting of the City Council of the City of th Cupertino this 17 day of August, 2010, by the following vote: Vote Members of the City Council AYES: NOES: ABSENT: ABSTAIN: ATTEST: APPROVED: _________________________ ________________________ City Clerk Mayor, City of Cupertino RESOLUTION NO. 10- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO ACCEPTING QUITCLAIM DEED AND AUTHORIZATION FOR UNDERGROUND WATER RIGHTS, JAMES R. COURTRIGHT AND PAMELA L. COURTRIGHT, 21914 HERMOSA AVENUE, APN 357-16-048 WHEREAS, James R. Courtright and Pamela L. Courtright, have executed a “Quitclaim Deed and Authorization”, which is in good and sufficient form, quitclaiming all rights in and authorizing the City of Cupertino, County of Santa Clara, State of California, to extract water from the underground basin, underlying that certain real property situate in the City of Cupertino, more particularly described as follows: All that certain real property situate in the City of Cupertino, County of Santa Clara, State of California, as shown in the attached Exhibit “A”. NOW, THEREFORE, BE IT RESOLVED, that the City of Cupertino accept said “Quitclaim Deed and Authorization” so tendered; and IT IS FURTHER RESOLVED that the City Clerk is hereby authorized to record said “Quitclaim Deed and Authorization” and this resolution. PASSED AND ADOPTED at a special meeting of the City Council of the City of Cupertino this 17th day of August, 2010, by the following vote: Vote Members of the City Council AYES: NOES: ABSENT: ABSTAIN: ATTEST: APPROVED: _________________________ ________________________ City Clerk Mayor, City of Cupertino éÇÚÒ×ÙÈëÇÓÈÙÐÛÓÏø××ØÛÎØûÇÈÔÍÊÓÂÛÈÓÍÎÖÍÊçÎØ×ÊÕÊÍÇÎØåÛÈ×ÊêÓÕÔÈÉ ò ô×ÊÏÍÉÛ ê×ÙÍÏÏ×ÎØ×ØûÙÈÓÍÎûØÍÌÈê×ÉÍÐÇÈÓÍÎ RESOLUTION NO. 10- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO AUTHORIZING EXECUTION OF AN IMPROVEMENT AGREEMENT BETWEEN THE CITY AND DEVELOPERS, JAMES R. COURTRIGHT AND PAMELA L. COURTRIGHT, 21914 HERMOSA AVENUE, APN 357-16-048 WHEREAS, there has been presented to the City Council a proposed improvement agreement between the City of Cupertino and developers, James R. Courtright and Pamela L. Courtright, for the installation of certain municipal improvements at 21914 Hermosa Avenue, and said agreement having been approved by the City Attorney, and Developers having paid the fees as outlined in the attached Exhibit A; NOW, THEREFORE, BE IT RESOLVED THAT the Mayor and the City Clerk are hereby authorized to sign the aforementioned agreement on behalf of the City of Cupertino. PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this 17th day of August, 2010, by the following vote: Vote Members of the City Council AYES: NOES: ABSENT: ABSTAIN: ATTEST: APPROVED: _________________________ ________________________ City Clerk Mayor, City of Cupertino Resolution No. 10- Page 2 EXHIBIT “A” SCHEDULE OF BOND, FEES, AND DEPOSITS DEVELOPERS: JAMES R. COURTRIGHT AND PAMELA L. COURTRIGHT LOCATION: 21914 HERMOSA AVENUE, APN 357-16-048 PART A Faithful Performance Bond: $ 6,824.68 110 2211 PART B Labor and Material Bond: $ 6,824.68 110 2211 PART C. Checking and Inspection Fee: $ 2,468.00 110 4538 PART D. Development Maintenance Deposit: $ 1,000.00 110 2211 PART E. Storm Drainage Fee – Basin 2 $ 133.26 215 4072 PART F. Street Light - One-Year Power Cost: N/A 110 4537 PART G. Map Checking Fee: N/A 110 4539 PART H. Park Fee - ZONE II N/A 280 4082 PART I. Reimbursement Fee: N/A éÇÚÒ×ÙÈìÇÚÐÓÙóÏÌÊÍÆ×Ï×ÎÈûÕÊ××Ï×ÎÈ ô×ÊÏÍÉÛûÆ×ÎÇ× ò ê×ÙÍÏÏ×ÎØ×ØûÙÈÓÍÎûØÍÌÈê×ÉÍÐÇÈÓÍÎ RESOLUTION NO. 10- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO AUTHORIZING EXECUTION OF AN IMPROVEMENT AGREEMENT BETWEEN THE CITY AND DEVELOPERS, KELLY-GORDON DEVELOPMENT CORP., 10231 AMELIA COURT, APN 326-17-017 WHEREAS, there has been presented to the City Council a proposed improvement agreement between the City of Cupertino and developers, Kelly-Gordon Development Corp., for the installation of certain municipal improvements at 10231 Amelia Court, 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 17th day of August, 2010, by the following vote: Vote Members of the City Council AYES: NOES: ABSENT: ABSTAIN: ATTEST: APPROVED: _________________________ ________________________ City Clerk Mayor, City of Cupertino Resolution No. 10- Page 2 EXHIBIT “A” SCHEDULE OF BOND, FEES, AND DEPOSITS DEVELOPERS: KELLY-GORDON DEVELOPMENT CORP. LOCATION: 10231 AMELIA COURT, APN 326-17-017 PART A Faithful Performance Bond: $ 49,300.00 110 2211 PART B Labor and Material Bond: $ 49,300.00 110 2211 PART C. Checking and Inspection Fee: $ 2,468.00 110 4538 PART D. Development Maintenance Deposit: $ 2,000.00 110 2211 PART E. Storm Drainage Fee – Basin 2 $ 1,277.09 215 4072 PART F. Street Light - One-Year Power Cost: $ 0.00 110 4537 PART G. Map Checking Fee: $ 3,765.00 110 4539 PART H. Park Fee - ZONE II $ 31,500.00 280 4082 PART I. Reimbursement Fee: N/A éÇÚÒ×ÙÈóÏÌÊÍÆ×Ï×ÎÈûÕÊ××Ï×ÎÈ ûÏ×ÐÓÛùÍÇÊÈ ê×ÙÍÏÏ×ÎØ×ØûÙÈÓÍÎûØÍÌÈê×ÉÍÐÇÈÓÍÎ ò PUBLIC WORKS DEPARTMENT ùóèãôûðð èíêê÷ûæ÷îç÷§ùçì÷êèóîíùû è÷ð÷ìôíî÷ ÅÅÅÙÇÌ×ÊÈÓÎÍÍÊÕ CITY COUNCIL STAFF REPORT Meeting: August 17, 2010 Subject 2010 Pavement Maintenance Project, Project # 2010-04. Recommended Action Award Contract. Description Review bids and award the contract for the 2010 Pavement Maintenance Project, Project No. 2010-04 to the lowest, qualified bidder contingent on staff providing the results of the bid opening at the meeting. Discussion On May 18, 2010, staff delivered a report on the city’s Pavement Management Program including a list of projects to be completed in the summer of 2010. One project, the 2010 Pavement Maintenance Project, is scheduled to bid on August 17, 2010. The 2010 Pavement Maintenance Project will provide an asphalt overlay to various streets throughout the City. The pavement maintenance must be completed in favorable weather.In order to avoid any delays in the commencement of this project, staff would like to request that Council award the contract for the 2010 Pavement Maintenance Project, Project No. 2010-04 to the lowest, th qualified bidder at the August 17 City Council meeting contingent on staff providing the results of the bid opening at the meeting. Fiscal Impact The Engineer’s estimate for the project including add alternates is $1,462,000. Funds are available in the Five Year Capital Improvements Program for Pavement Management, Account No. 270-9450-9300. _____________________________________ Prepared by: Joanne Johnson Reviewed by: Glenn Goepfert, Assistant Director Approved for Submission by: David W. Knapp, City Manager Attachments: ÑÊÛÎÔßÇñ ÌØ×Ò ÑÊÛÎÔßÇ ÐÎÑÖÛÝÌ øÞ×Ü ÑÐÛÒ×ÒÙ ßËÙ ïé÷ Þ¿» Þ·¼ Ó½Ý´»´´¿² øÑ®¿²¹» ¬± Þ«¾¾÷ Þ»¿®¼±² øß´ª» ¬± Òò Û²¼÷ Ø§¼» øÞ±´´·²¹»® ¬± Í¸¿¼§¹®±ª»÷ ß¬¸»®©±±¼ øÓ·´´»® ¬± ß´¼»®¾®±±µ÷ Ý¿²¼´»©±±¼ øÓ§®¬´»©±±¼ ¬± ß¬¸»®©±±¼÷ Ó§®¬´»©±±¼ øÞ´¿¦·²¹©±±¼ ¬± Ý¿²¼´»©±±¼÷ Ý±¬¬±²©±±¼ øß¬¸»®©±±¼ ¬± Þ´¿½µ©±±¼÷ Þ´¿½µ©±±¼ øÝ±¬¬±²©±±¼ ¬± Ý¿²¼´»©±±¼÷ Ý¿²¼´»©±±¼ Ý¬ò Ó»¬»±® Ü® øÝ¿¬·²» ¬± Ó¿®§÷ Ý¿¬·²» øÙ¿®¼»²¿ ¬± Î«³º±®¼÷ Ù®»»²´»¿º øÝ¿¬·²» ¬± ½±²º±®³÷ Ì»®®¿½» øÞ«¾¾ ¬± Í¿²¬¿ Ì»®»¿÷ ß³«´»¬ øÒ¿¬¸¿²±² ¬± Ý¿¬·²»÷ ß¼¼ ß´¬ ï Ê·¬¿ øÓ»®®·¬ ¬± Ô¿¦¿²»±÷ ß¼¼ ß´¬ î Ð»¿½¸ Ì®»» øÐ´«³ Ì®»» ¬± Ý¸»®®§ Ì®»»÷ Ð®«²» Ì®»» øß°°´» Ì®»» ¬± Ð»¿½¸ Ì®»»÷ Ý¸»®®§ Ì®»» øÐ»¿½¸¬®»» ¬± ß°°´» Ì®»»÷ ß°°´» Ì®»» øÊ·¬¿ ¬± Ð´«³ Ì®»»÷ ß¼¼ ß´¬ í Î¿·²¾±© Ð´ Î¿·²¾±© Ü® øÍ¬»´´·²¹ ¬± Þ«¾¾÷ ì÷êóï÷è÷ê åíðö÷ îóð÷ PUBLIC WORKS DEPARTMENT ùóèãôûðð èíêê÷ûæ÷îç÷§ùçì÷êèóîíùû è÷ð÷ìôíî÷ ÅÅÅÙÇÌ×ÊÈÓÎÍÍÊÕ CITY COUNCIL STAFF REPORT Meeting: August 17, 2010 Subject Reconstruction of Curbs, Gutters and Sidewalks, Project No. 2010-05 Recommended Action Award Contract. Description Review bids and award the contract for the Reconstruction of Curbs, Gutters and Sidewalks, Project No. 2010-05 to the lowest, qualified bidder contingent on staff providing the results of the bid opening at the meeting. Discussion The City of Cupertino performs concrete improvements on a continuous basis. The 2010 Reconstruction of Curbs, Gutters and Sidewalks Project funds concrete improvements scheduled to be completed July 1, 2010 through June 30, 2011. The project, scheduled to bid August 17, 2010, will include the repair of curbs, gutters and sidewalks at various locations throughout the City. In addition, the project will add 52 new depressed curb ramps and modify 62 existing curb ramps to meet current ADA standards. In order to provide project continuity and avoid delay of improvements, staff would like to request that Council award the contract for the 2010 Reconstruction of Curbs, Gutters and th Sidewalks, Project No. 2010-05 to the lowest, qualified bidder at the August 17 City Council meeting contingent on staff providing the results of the bid opening at the meeting. Fiscal Impact The Engineer’s estimate for the project including add alternates is $650,000.00. Funds are available in the Five Year Capital Improvements Program for Curb, Cutter and Sidewalk Repair, Account No. 270-9451-9300. _____________________________________ Prepared by: Joanne Johnson Reviewed by: Glenn Goepfert, Assistant Director Approved for Submission by: David W. Knapp, City Manager Attachments: RESOLUTION NO. 10- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO AUTHORIZING EXECUTION OF A STORMWATER MANAGEMENT FACILITY EASEMENT AGREEMENT, KELLY-GORDON DEVELOPMENT CORP., 10231 AMELIA COURT, APN 326-17-017 WHEREAS, there has been presented to the City Council a proposed stormwater management facility easement agreement between the City of Cupertino and owner, Kelly-Gordon Development Corp., 10231 Amelia Court, APN 326-17-017, as described in Exhibits “A” and “B”, and said agreement having been approved by the City Attorney; 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 th Cupertino this 17 day of August, 2010, by the following vote: Vote Members of the City Council AYES: NOES: ABSENT: ABSTAIN: ATTEST: APPROVED: _________________________ ________________________ City Clerk Mayor, City of Cupertino éÇÚÒ×ÙÈéÈÍÊÏÅÛÈ×ÊïÛÎÛÕ×Ï×ÎÈöÛÙÓÐÓÈÃ÷ÛÉ×Ï×ÎÈ ûÕÊ××Ï×ÎÈ ûÏ×ÐÓÛùÍÇÊÈ ò ê×ÙÍÏÏ×ÎØ×ØûÙÈÓÍÎûØÍÌÈê×ÉÍÐÇÈÓÍÎ RESOLUTION NO. 10- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO AUTHORIZING EXECUTION OF A STORMWATER MANAGEMENT FACILITIES OPERATION AND MAINTENANCE AGREEMENT, KELLY-GORDON DEVELOPMENT CORP., 10231 AMELIA COURT, APN 326-17-017 WHEREAS, there has been presented to the City Council a proposed stormwater management facilities operation and maintenance agreement between the City of Cupertino and owner, Kelly-Gordon Development Corp., 10231 Amelia Court, APN 326- 17-017 as described in Exhibit “A”, and said agreement having been approved by the City Attorney; 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 17th day of August, 2010, by the following vote: Vote Members of the City Council AYES: NOES: ABSENT: ABSTAIN: ATTEST: APPROVED: _________________________ ________________________ City Clerk Mayor, City of Cupertino éÇÚÒ×ÙÈéÈÍÊÏÅÛÈ×ÊïÛÎÛÕ×Ï×ÎÈöÛÙÓÐÓÈÓ×ÉíÌ×ÊÛÈÓÍÎ ÛÎØïÛÓÎÈ×ÎÛÎÙ×ûÕÊ××Ï×ÎÈ ûÏ×ÐÓÛùÍÇÊÈ ò ê×ÙÍÏÏ×ÎØ×ØûÙÈÓÍÎûØÍÌÈê×ÉÍÐÇÈÓÍÎ Administrative Services ùóèãôûðð èíêê÷ûæ÷îç÷§ùçì÷êèóîíùû è÷ð÷ìôíî÷ ÅÅÅÙÇÌ×ÊÈÓÎÍÍÊÕ CITY COUNCIL STAFF REPORT Meeting Date: August 17, 2010 Subject: Revise Administrative Procedures related to Expense Reimbursement and Advance Payment by elected or appointed officials. Recommended Action: 1)Add Cupertino American Cancer Society to approved list of reimbursable fundraisers 2)Eliminate pre-approval of International Travel, but limit total annual expenditures to $2,500 Description: Administrative procedures in regards to expense reimbursement and advance payment were established in December 2007 to conform to the new State requirements as set forth in the California Government Code Sections 53232.2 and 53232.3. It has been suggested that the procedures be revisited regarding the following two areas: 1)Add Cupertino American Cancer Society (ACS) Relay for Life function to the approved list of reimbursable fundraisers and events, and 2)Allow international travel without pre-approval by the City Council up to $2,500 in total per year. Fiscal Impact: None. Re-direct $2,500 per year from the existing Mayor’s contingency fund. • Prepared by: Carol Atwood Approved for Submission by: David W. Knapp, City Manager Attachments: Administrative Procedures Number I-12 Expense Reimbursement and Advance Payment (Attachment A) Attachment “A” Number I-12 City of Cupertino Effective Date: 12/18/07 Expense Reimbursement Administrative Procedures Amended 8/17/10 and Advance Payment I. PURPOSE Describe the policy for reimbursement or direct advance of actual and necessary expenses incurred by elected or appointed officials. II. POLICY It is City of Cupertino policy that members of the City Council, Redevelopment Agency Board, and the Council’s commissions and committees, shall be reimbursed or receive a direct advance according to the schedules, terms and conditions as set forth herein for the expenses authorized below. This policy is established in accordance with California Government Code Sections 53232.2 and 53232.3. III. AUTHORIZED EXPENSES The City Council and their commission and committee members can receive reimbursements or advances toward actual and necessary expenses incurred by participating in the following activities or events: 1.Communicating with representatives of regional, state and national government on City adopted policy positions; 2. Attending seminars, conferences, and training to improve skill and information levels; 3. Participating in regional, state and national organizations whose activities affect the City’s interests (such as the League of California Cities); 4. Attending International Conferences, budget limited to $2,500 per fiscal year, provided there is a benefit to the City; 5. Attending Cityevents; 6.Attending functions of other local civic or community organizations where there is a clear nexus between the event and the member’s attendance as an official representative of the City. Purely social events, service club dues and meals, and political or charitable contributions or events would be excluded. For purposes of this section, reimbursable fundraisers and events include, but are not limited to, Cupertino Union School District, Fremont Union High School District, Foothill-De Anza Community College District, Cupertino American Cancer Society (ACS) Relay Silicon Valley Leadership Group, for Life and Cupertino Chamber of Commerce activities. The City will not reimburse or advance payment toward expenses including, but not limited to: 1. The personal portion of any trip; 2. Family expenses, including those of a partner when accompanying Council or commission member on City-related business, as well as child or pet-related expenses; g:\finance\procedures and policies\expense reimb policy\admin procedure i-12 expense reimbursement 8-10-10.doc Attachment “A” Number I-12 City of Cupertino Effective Date: 12/18/07 Expense Reimbursement Administrative Procedures Amended 8/17/10 and Advance Payment 3.Entertainment expenses, including theatre, shows, movies, sporting events, golf, spa treatments, etc. 4.Meals and entertainment paid on behalf of third parties outside of the City; 5.Gifts of any kind for any purpose; 6.Alcoholic beverages; 7.Non-mileage personal automobile expenses including repairs, insurance, gasoline, traffic citations; and 8.Personal losses incurred while on City business. All other expenditures or exceptions require prior approval bythe City Council. Expenses for international travel also require prior City Council approval. IV. BUDGETARY LIMITATIONS Reimbursement or advancement of expenses shall not exceed budgetary limitations. Changes in appropriations will be done through the budget process. V. REIMBURSEMENT AND ADVANCE SCHEDULE A.Intent This schedule is written with the intent that the City Councilmember, commissioner, or committee member will make every effort to find the lowest possible cost to the City for traveling on City business. For example, if paying for parking at the airport is less expensive that paying for a taxi or airport shuttle, then the official should drive their car and park at the airport; or if renting a car is lower than taking taxis at the out-of-town location, then a car should be rented; or air reservations should be booked in advance to obtain discounted fares. The following procedures apply whether the expense is being paid through a reimbursement or a direct advance. B. Local Area The local area is defined to be within Santa Clara and San Mateo Counties and within a 40 mile distance from Cupertino when traveling to Alameda County. C. Registration The City will pay the registration fee for authorized attendance at a convention, conference, seminar or meeting. D. Transportation g:\finance\procedures and policies\expense reimb policy\admin procedure i-12 expense reimbursement 8-10-10.doc Attachment “A” Number I-12 City of Cupertino Effective Date: 12/18/07 Expense Reimbursement Administrative Procedures Amended 8/17/10 and Advance Payment The City will pay transportation costs on the basis of the lowest cost intent stated in paragraph A. Eligible transportation costs include airfare (with coach fare being the maximum), van or taxi service to and from the attendee’s home and airport, destination or airport parking charges, taxi and shuttle services at the out-of-town location, trains, tolls, or rental cars. Use of a personal automobile for City business shall be reimbursed or advanced at the rate per mile in effect for such use, except in no case shall it exceed air coach fare if the vehicle is being used for getting to the destination. Government or group rates offered by a provider of transportation must be used when available. E. Lodging Hotel or lodging expenses of the City official resulting from the authorized event or activity defined in this policy will be reimbursed or advanced if the lodging and event occurs outside of the local area. Not covered will be lodging expenses related to person(s) who are accompanying the City member, but who themselves are not on City business. In this instance, for example, the difference between single and multiple occupancy rates for a room will not be reimbursed. Where the lodging is in connection with a conference or other organized educational activity, City-paid lodging costs shall not exceed the maximum group rate published by the conference or activity sponsor, providing that lodging at the group rate is available at the time of booking. If the group rate at the conference hotel is not available, then the non-conference lodging policy described in the next paragraph should be followed to find another comparable hotel. Where lodging is necessary for an activity that is not related to a conference or other organized educational activity, reimbursement or advances shall be limited to the actual cost of the room at a group or government rate. In the event that a group or government rate is not available, lodging rates that do not exceed the median price for lodging for that area and time period listed on travel websites like www.hotels.com,www.expedia.com or an equivalent service shall be eligible for reimbursement or advancement. F. Meals 1. With No Conference The actual cost of a meal can be claimed, within a standard of reasonableness, but receipts must be kept and submitted for the expense incurred. 2. As Part of a Conference When City officials are attending a conference or other organized educational activity, they shall be reimbursed or advanced for meals not provided by the activity, on an actual cost basis. The actual cost rate shall follow the rules described in the meals with no conference paragraph. g:\finance\procedures and policies\expense reimb policy\admin procedure i-12 expense reimbursement 8-10-10.doc Attachment “A” Number I-12 City of Cupertino Effective Date: 12/18/07 Expense Reimbursement Administrative Procedures Amended 8/17/10 and Advance Payment G. Other Expenses Payments toward or reimbursement of other expenses related to authorized activities or events shall be limited to the actual costs consistent with the application of reasonable standards. Receipts must be kept and submitted for all expenses. VI. DIRECT CASH ADVANCE POLICY From time to time, it may be necessary for a City official to request a direct cash advance to cover anticipated expenses while traveling or doing business on the City’s behalf. Such request for an advance should be submitted to the City Manager or Department Head no less than seven days prior to the need for the advance with the following information: 1) Purpose of the expenditure; 2) The anticipated amount of the expenditure (for example, hotel rates, meal costs, and transportation expenses); and 3) The dates of the expenditure. An accounting of expenses and return of any unused advance must be reported to the City within 30 calendar days of the official’s return on the expense report described in Section VII. VII. EXPENSE REPORT REQUIREMENTS All expense reimbursement requests or final accounting of advances received must be approved by the City Manager or Department Head, on forms determined by the Finance Department, within 30 calendar days of an expense incurred, accompanied by a business purpose for all expenditures and a receipt for each item besides mileage. The report will be a public record subject to disclosure under the Public Records Act. VIII. REPORTS TO CITY COUNCIL OR COMMISSIONS At the next regular City Council or commission meeting, each councilmember or commissioner shall briefly report on publicly noticed meetings attended at City expense. If multiple members attended the meeting, a joint report may be made. IX. POLICY VIOLATIONS Violations of this policy including falsifying expense reports may result in any or all of the following: (1) loss of reimbursement privileges, (2) demand for restitution to the City, (3) civil penalties of up to $1,000 per day and three times the value of the resources used, and 4) prosecution for misuse of public resources. X. RESPONSIBILITY The Finance Department shall administer this policy. Approved: g:\finance\procedures and policies\expense reimb policy\admin procedure i-12 expense reimbursement 8-10-10.doc Attachment “A” Number I-12 City of Cupertino Effective Date: 12/18/07 Expense Reimbursement Administrative Procedures Amended 8/17/10 and Advance Payment David W. Knapp City Manager g:\finance\procedures and policies\expense reimb policy\admin procedure i-12 expense reimbursement 8-10-10.doc PARKS AND RECREATION DEPARTMENT ùóèãôûðð èíêê÷ûæ÷îç÷§ùçì÷êèóîíùû è÷ð÷ìôíî÷ ÅÅÅÙÇÌ×ÊÈÓÎÍÍÊÕ CITY COUNCIL STAFF REPORT Meeting: Subject Agreement with Fremont Union High School District and Cupertino Union School District regarding traffic congestion and safety in the area near Monta Vista High School, Lincoln Elementary School, and Kennedy Middle School. Recommended Action Authorize City Manager to sign agreement. Description Addressing traffic congestion and safety around Monta Vista High School, Lincoln Elementary School, and Kennedy Middle School, has been an issue for the City for a number of years. Cupertino funds the crossing guards around Kennedy and Lincoln. Discussion Recently, the Council set aside additional funds for the Sheriff’s Office to address the issue. The Public Safety Commission is working on this issue as well. Also, the Teen Commission sponsored a Walk One Week to school last April and plans to have another Walk One Week in the fall. This is an issue for the Fremont Union High School District (FUHSD) and the Cupertino Union School District (CUSD) as well. Parents, students, and residents in the area are also interested in finding a resolution to this issue. FUHSD commissioned a traffic study as part of the environmental review for the Monta Vista High School construction project. The study was conducted by Hexagon Transportation Consultants, Inc. and can be found as Attachment A to this report. Representatives of FUHSD, CUSD, Sheriff’s Office, and the City met to review and discuss the report and its recommendations on July 20. The meeting was held at the FUHSD Administrative Offices and the list of participants is included as Attachment B to this report. The participants reached consensus on the actions to be taken this fall. The participants agreed to collaborate on the implementation of the recommendations that were approved by Council and the respective school boards. The participants also agreed that the actions would be tried for a four month pilot period and the results evaluated and reported to the Council and School Boards.The recommendations are: 1.Provide additional deputies for 30-60 minutes in the morning and the afternoon to direct traffic at Hyannisport Drive/Bubb Road and/or Fort Baker Drive/Hyannisport Drive. 2.Train Crossing Guards on McClellan Road at Lincoln Elementary to pool students 3.Add new Crossing Guards at Orange/McClellan and McClellan/Bubb. 4.Create a new student drop-off zone within the newly reconstructed Monta Vista High student parking lot. 5.Investigate the creation of a cell phone zone at the same student parking lot where those driving can wait to get a call from their passenger before going to pick them up. Include the Monta Vista PTSA in this investigation and evaluation. 6.Evaluate possible capital improvements such an additional traffic signal or pedestrian crossing signal. Implement these recommendations from late August 2010 to late December 2010 with -È the results reported to the City Council and School Boards in January along with recommended next steps. The Public Safety and Teen Commissions will continue to work on this issue as well. Sustainability Impact All of the actions, including this pilot to reduce traffic congestion around these three schools, should result in a reduction in the carbon footprint. Fiscal Impact The additional overtime over the four-month pilot period for the deputies will cost up to $10,000. The two additional crossing guards over this same time would cost $10,000. With the Fremont Union High School District offering to share the costs, the pilot project can be done with funds remaining in the Council approved allocation. This report has been coordinated with Public Works, Community Development, Finance, City Attorney, Sheriff’s Office, FUHSD, and CUSD. _____________________________________ Prepared by: Mark Linder, Director, Parks and Recreation Reviewed by: Approved for Submission by: David W. Knapp, City Manager Attachments: A.Study by Hexagon Transportation Consultants, Inc. B.List of meeting participants PUBLIC WORKS DEPARTMENT ùóèãôûðð èíêê÷ûæ÷îç÷§ùçì÷êèóîíùû è÷ð÷ìôíî÷ ÅÅÅÙÇÌ×ÊÈÓÎÍÍÊÕ CITY COUNCIL STAFF REPORT Meeting: August 17, 2010 Subject Amend the Cupertino Municipal Code to allow a stop sign on Lilac Way at Rose Blossom Drive. Recommended Action Conduct first reading of ordinance. Description An ordinance of the City Council of the City of Cupertino amending Section 11.20.020 of the Cupertino Municipal Code relating to establishment of vehicular stop required at certain intersections; Lilac Way/Lilac Court at Rose Blossom Drive. Discussion The intersection of Rose Blossom Drive and Lilac Way (see attached map) is currently uncontrolled. Section 21800 of the California Vehicle Code (CVC) outlines the right-of-way rules pertaining to uncontrolled intersections which, if followed by all motorists, would ensure the safety of all motorists travelling through these intersections. During the previous three years, there have been at least two right-angle accidents at the Rose Blossom Drive/Lilac Way intersection which were caused by vehicles violating CVC Section 21800 and failing to yield to the first vehicle in the intersection. Due to the geometrics of the roadway and limitations in corner site visibility, especially at the northeast corner, extra vigilance is required by motorists to ensure that no conflict with another approaching motorist will occur. The warrants for a minor street stop sign as outlined in the California Manual of Uniform Traffic Control Devices (MUTCD) allow for engineering judgment to determine the need for a stop sign at locations where the normal right-of-way rules would not necessarily be expected to result in safe operation. It is staff’s opinion that a stop sign on Lilac Way is therefore appropriate and necessary to enhance safety. _____________________________________ Prepared by: David Stillman Reviewed by: Ralph Qualls, Jr. Approved for Submission by: David W. Knapp, City Manager Attachments: Draft Ordinance Map ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CUPERTINO AMENDING SECTION 11.20.020 OF THE CUPERTINO MUNICIPAL CODE RELATING TO ESTABLISHMENT OF VEHICULAR STOP REQUIRED AT CERTAIN INTERSECTIONS; LILAC WAY/LILAC COURT AT ROSE BLOSSOM DRIVE The City Council of the City of Cupertino does hereby ordain that Section 11.20.020 be amended to include the following: Section 11.20.020 Vehicular Stop Required at Certain Intersections. Approaching Street At Any Entrance Required to StopThereof With Lilac Way/Lilac Court Rose Blossom Drive INTRODUCED at a regular meeting of the City Council of the City of Cupertino this 17th day of August, 2010 and ENACTED at a regular meeting of the City of Cupertino this ___ day of ____________, 2010 by the following vote: Vote Council Members AYES: NOES: ABSENT: ABSTAIN: ATTEST: APPROVED: ___________________ ____________________ City Clerk Mayor, City of Cupertino