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6-7-11 Searchable PacketTable of Contents Agenda..... ..............................4 May 3 City Council minutes Draft Minutes . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 May 17 City Council minutes Regular Meeting Draft minutes . . . . . . . . . . . . . . . . . . . . . . . . . . . 22 May 17 City Council minutes Special Meeting Draft minutes . . . . . . . . . . . . . . . . . . . . . . . . . . . 29 May 25 City Council minutes Draft Minutes . . . . . . . . . . . . . . . . . . . . . . . . . . . 31 Accounts Payable for period ending May 13, 2011 Draft Resolution . . . . . . . . . . . . . . . . . . . . . . . . . . 33 Accounts Payable for period ending May 20, 2011 Draft Resolution . . . . . . . . . . . . . . . . . . . . . . . . . . 45 Payroll for period ending May 13, 2011 Draft Resolution . . . . . . . . . . . . . . . . . . . . . . . . . . 58 Payroll for period ending May 27, 2011 Draft Resolution . . . . . . . . . . . . . . . . . . . . . . . . . . 59 Improvement Agreement, Jin Feng Chou and Lillian Chou, 10207 Orange Avenue, APN 357 -15 -036 Resolution . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 60 Improvement Agreement . . . . . . . . . . . . . . . . . . . . . 62 Map... .............................76 Improvement Agreement, Vijay Kumar Eranti, 22641 Alcalde Road, APN 342 -29 -036 Resolution . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 77 Improvement Agreement . . . . . . . . . . . . . . . . . . . . . 79 Map... .............................93 Quitclaim Deed and Authorization for Underground Water Rights, Jin Feng Chou and Lillian Chou, 10207 Orange Avenue, APN 357 -15 -036 Resolution . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 94 Quitclaim Deed . . . . . . . . . . . . . . . . . . . . . . . . . . 95 Map... .............................99 Quitclaim Deed and Authorization for Underground Water Rights, Kelly- Gordon Development Corp., 10239 Amelia Court, APN 326 -17 -063 Resolution . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 100 Quitclaim Deed . . . . . . . . . . . . . . . . . . . . . . . . . . 101 Map.... ............................106 Quitclaim Deed and Authorization for Underground Water Rights, Kelly- Gordon Development Corp., 10239 Ainsworth Drive, APN 326 -17 -064 Resolution . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 107 Quitclaim Deed . . . . . . . . . . . . . . . . . . . . . . . . . . 108 1 Map . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 113 Quitclaim Deed and Authorization for Underground Water Rights, Kelly- Gordon Development Corp., 10231 Amelia Court, APN 326 -17 -062 Resolution . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 114 Quitclaim Deed . . . . . . . . . . . . . . . . . . . . . . . . . . 115 Map.... ............................120 Quitclaim Deed and Authorization for Underground Water Rights, Vijay Kumar Eranti, 22641 Alcalde Road, APN 342 -29- 036 Resolution . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 121 Quitclaim Deed . . . . . . . . . . . . . . . . . . . . . . . . . . 122 Map.... ............................126 Municipal Improvements, Brett G. Alten and Tomoko Matsumoto, 22661 San Juan Road, APN 342 -17 -109 Staff Report . . . . . . . . . . . . . . . . . . . . . . . . . . . . 127 Map.... ............................128 Consider making a recommendation to the County of Santa Clara Board of Supervisors regarding redistricting Redistricting Staff Report . . . . . . . . . . . . . . . . . . . . . 129 Annual approval and renewal of the collection of existing storm drain fees at no increase in rates for fiscal year 2011 -2012 Staff Report . . . . . . . . . . . . . . . . . . . . . . . . . . . . 134 Resolution . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 136 Fiscal Year 2011/12 Budget Staff Report . . . . . . . . . . . . . . . . . . . . . . . . . . . . 142 Objections to proposed removal of brush and order abatement of public nuisance Staff Report . . . . . . . . . . . . . . . . . . . . . . . . . . . . 143 A. Draft Resolution . . . . . . . . . . . . . . . . . . . . . . . . 144 B. Parcel abatement list . . . . . . . . . . . . . . . . . . . . . . 146 C. Non - compliance letter . . . . . . . . . . . . . . . . . . . . . 148 D. 100 -foot clearance letter . . . . . . . . . . . . . . . . . . . . 149 E. 30 -foot clearance letter . . . . . . . . . . . . . . . . . . . . . 151 F. Citation notice . . . . . . . . . . . . . . . . . . . . . . . . . . 153 G. Abatement fee schedule . . . . . . . . . . . . . . . . . . . . 154 Adopt a resolution calling a General Municipal Election on Nov. 8, 2011, to fill two City Council seats Staff Report . . . . . . . . . . . . . . . . . . . . . . . . . . . . 155 Draft Resolution . . . . . . . . . . . . . . . . . . . . . . . . . . 156 Consider cosponsoring and granting a fee waiver to the United States Army for an event to be held on June 14, 2011 Army Fee Waiver Request . . . . . . . . . . . . . . . . . . . . 157 2011 Contractual Street Sweeping Services Staff Report . . . . . . . . . . . . . . . . . . . . . . . . . . . . 158 2011 Contractual Janitorial Services Staff Report . . . . . . . . . . . . . . . . . . . . . . . . . . . . 160 P IA 2011 Contractual Crossing Guard Services Staff Report . . . . . . . . . . . . . . . . . . . . . . . . . . . . 162 Second reading of Ordinance regarding stop sign on Bandley Drive at Mariani Avenue Staff Report . . . . . . . . . . . . . . . . . . . . . . . . . . . . 164 Draft Ordinance . . . . . . . . . . . . . . . . . . . . . . . . . . 165 Diagram of the intersection . . . . . . . . . . . . . . . . . . . . 166 3 CUPERTINO AGENDA CUPERTINO CITY COUNCIL — REGULAR MEETING CUPERTINO REDEVELOPMENT AGENCY — REGULAR MEETING 10350 Torre Avenue, Community Hall Council Chamber Tuesday, June 7, 2011 6:00 PM CITY COUNCIL MEETING ROLL CALL CLOSED SESSION 1. Subject Conference with Real Property Negotiator (Gov't Code 54956.8); Property: 10346 Scenic Circle Blvd., Cupertino, CA 95014; Negotiator: Carol Atwood; Under negotiation: terms Page No written materials in packet 2. Subject Conference with Real Property Negotiator (Gov't Code 54956.8); Property: 20488 Stevens Creek Blvd, # 2214, Cupertino, CA; Negotiators: Vera Gil and Aarti Shrivastava; Under negotiation: terms Page No written materials in packet PLEDGE OF ALLEGIANCE ROLL CALL CEREMONIAL MATTERS — PRESENTATIONS 3. Subject Proclamations recognizing students who have been awarded the Organization of Special Needs Families (OSF) Presidential Award Recommended Action Present proclamation Page No written materials in packet 4. Subject Recognition and acknowledgment of Leadership 95014 class of 2011 Recommended Action Recognize Leadership 95014 students Page No written materials in packet n Tuesday, June 07, 2011 Cupertino City Council Cupertino Redevelopment Agency 5. Subject Proclamation for Team Portal Flaming Falcons, fifth grade students from Murdock - Portal Elementary School, for their participation in the Destination Imagination (DI) Global Finals. Recommended Action Present proclamation Page No written materials in packet 6. Subject Proclamations recognizing the Santa Clara Valley History collaborative Recommended Action Present proclamations to: The Cupertino Historical Society The Cupertino Library Foundation The Santa Clara County Library Page No written materials in packet 7. Subject Presentation from the Fine Arts Commission Recommended Action Receive presentation Page No written materials 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. 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. 8. Subj ect May 3 City Council minutes Recommended Action Approve minutes Draft Minutes Page 12 9. Subject May 17 City Council minutes Regular Meeting Recommended Action Approve minutes Draft minutes Page 22 10. Subject May 17 City Council minutes Special Meeting Recommended Action Approve minutes Draft minutes Page 29 5 Tuesday, June 07, 2011 11. Subject May 25 City Council minutes Recommended Action Approve minutes Draft Minutes Page 31 Cupertino City Council Cupertino Redevelopment Agency 12. Subj ect Accounts Payable for period ending May 13, 2011 Recommended Action Adopt Resolution No. 11 -080 Draft Resolution Page 33 13. Subj ect Accounts Payable for period ending May 20, 2011 Recommended Action Adopt Resolution No. 11 -081 Draft Resolution Page 45 14. Subject Payroll for period ending May 13, 2011 Recommended Action Adopt Resolution No. 11 -082 Draft Resolution Page 58 15. Subject Payroll for period ending May 27, 2011 Recommended Action Adopt Resolution No. 11 -083 Draft Resolution Page 59 16. Subject Improvement Agreement, Jin Feng Chou and Lillian Chou, 10207 Orange Avenue, APN 357 -15 -036 Recommended Action Adopt Resolution No. 11 -084 Description Through the improvement agreement with the City, the applicants for a building permit for a single - family residential development will be obligated to bond and construct city- specified roadside improvements along the street frontage of their building site Resolution irnrovement Agreement Map Page 60 17. Subject Improvement Agreement, Vijay Kumar Eranti, 22641 Alcalde Road, APN 342 -29- 036 Recommended Action Adopt Resolution No. 11 -085 Description Through the improvement agreement with the City, the applicant for a building permit for a single - family residential development will be obligated to bond and construct city- specified roadside improvements along the street frontage of their building site Resolution irnrovement Agreement Map Page 77 0 Tuesday, June 07, 2011 Cupertino City Council Cupertino Redevelopment Agency 18. Subject Quitclaim Deed and Authorization for Underground Water Rights, Jin Feng Chou and Lillian Chou, 10207 Orange Avenue, APN 357 -15 -036 Recommended Action Adopt Resolution No. 11 -086 Description The property owners of this residential development agree to grant to the City the right to extract water from the basin under the overlying property Resolution Quitclaim Deed Map Page 94 19. Subject Quitclaim Deed and Authorization for Underground Water Rights, Kelly- Gordon Development Corp., 10239 Amelia Court, APN 326 -17 -063 Recommended Action Adopt Resolution No. 11 -087 Description The property owner of this residential development agrees to grant to the City the right to extract water from the basin under the overlying property Resolution Quitclaim Deed Map Page 100 20. Subject Quitclaim Deed and Authorization for Underground Water Rights, Kelly- Gordon Development Corp., 10239 Ainsworth Drive, APN 326 -17 -064 Recommended Action Adopt Resolution No. 11 -088 Description The property owner of this residential development agrees to grant to the City the right to extract water from the basin under the overlying property Resolution Quitclaim Deed Map Page 107 21. Subject Quitclaim Deed and Authorization for Underground Water Rights, Kelly- Gordon Development Corp., 10231 Amelia Court, APN 326 -17 -062 Recommended Action Adopt Resolution No. 11 -089 Description The property owner of this residential development agrees to grant to the City the right to extract water from the basin under the overlying property Resolution Quitclaim Deed Map Page 114 7 Tuesday, June 07, 2011 Cupertino City Council Cupertino Redevelopment Agency 22. Subject Quitclaim Deed and Authorization for Underground Water Rights, Vijay Kumar Eranti, 22641 Alcalde Road, APN 342 -29 -036 Recommended Action Adopt Resolution No. 11 -090 Description The property owner of this residential development agrees to grant to the City the right to extract water from the basin under the overlying property Resolution Quitclaim Deed Map Page 121 23. Subject Municipal Improvements, Brett G. Alten and Tomoko Matsumoto, 22661 San Juan Road, APN 342 -17 -109 Recommended Action Accept Municipal Improvements Description The work included curb and gutter improvements Staff Re ort Map Page 127 24. Subject Consider making a recommendation to the County of Santa Clara Board of Supervisors regarding redistricting Recommended Action Consider making a recommendation Redistricting Staff Report Page 129 ITEMS REMOVED FROM THE CONSENT CALENDAR (above) PUBLIC HEARINGS 25. Subject Annual approval and renewal of the collection of existing storm drain fees at no increase in rates for fiscal year 2011 -2012 Recommended Action Adopt Resolution No. 11 -091 Staff Re ort R eenl i iti nn Page 134 26. Subject Fiscal Year 2011/12 Budget Recommended Action Review annual budget and receive public comments before adoption on June 21, 2011 Staff Re Dort Page 142 UNFINISHED BUSINESS Tuesday, June 07, 2011 Cupertino City Council Cupertino Redevelopment Agency NEW BUSINESS 27. Subject Objections to proposed removal of brush and order abatement of public nuisance Recommended Action Adopt Resolution No. 11 -092 Description City -wide brush abatement pursuant to provisions of Ordinance No. 724 and Resolution No. 11 -079 Staff Report A. Draft Resolution B. Parcel abatement list C. Non - compliance letter D. 100 -foot clearance letter E. 30 -foot clearance letter F. Citation notice G. Abatement fee schedule Page 143 28. Subject Adopt a resolution calling a General Municipal Election on Nov. 8, 2011, to fill two City Council seats Recommended Action Adopt Resolution No. 11 -093 Description Kris Wang will be termed out and Gilbert Wong is eligible to run for one additional four -year term Staff Report Draft Resolution Page 155 29. Subject Consider cosponsoring and granting a fee waiver to the United States Army for an event to be held on June 14, 2011 Recommended Action Approve request Army Fee Waiver Request Page 157 30. Subject 2011 Contractual Street Sweeping Services Recommended Action Review bids and award contract for Street Sweeping Services, Project No. 2011 -02 to Contract Sweeping Services, Inc. in the amount of $117,097.68, and approve a contingency of $20,000 to cover extra sweeping that may be required on the commercial route, for a total of $137,097.68 Staff Re ort Page 158 31. Subject 2011 Contractual Janitorial Services Recommended Action Review bids and award contract for Janitorial Services, Project No. 2011 -01 to Clean Innovation, Inc. in the amount of $373,800.00 Staff Report Page 160 9 Tuesday, June 07, 2011 Cupertino City Council Cupertino Redevelopment Agency 32. Subject 2011 Contractual Crossing Guard Services Recommended Action Review bids and award contract for Crossing Guard Services, Project No. 2011 -03 to American Guard Services, Inc. in the amount of $118,540.80 Staff Re Dort Page 162 33. Subject Schedule study session to consider Capital Improvement Projects (CIP) Recommended Action Consider one of the following dates for the study session: June 13 at 3pm, June 15 at 4pm, or June 21 at 4pm in Community Hall Page No written materials in packet ORDINANCES 34. Subject Second reading of Ordinance regarding stop sign on Bandley Drive at Mariani Avenue Recommended Action Conduct second reading and enact Ordinance No. 11 -2078: "An Ordinance of the City Council of the City of Cupertino amending section 11.20.030 of the Cupertino Municipal Code relating to establishment of all- directional vehicular stop required at certain intersections; Bandley Drive at Marian Avenue" Staff Report Draft Ordinance Diagram of the intersection Page 164 STAFF REPORTS COUNCIL REPORTS ADJOURNMENT 10 Tuesday, June 07, 2011 Cupertino City Council Cupertino Redevelopment Agency 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. 11 UPERTINO ROLL CALL DRAFT MINUTES CUPERTINO CITY COUNCIL Regular Adjourned Meeting 10350 Torre Avenue, Community Hall Council Chamber Tuesday, May 3, 2011 At 5:06 p.m. Mayor Gilbert Wong called the regular meeting to order in the Council Chamber, 10350 Torre Avenue, Cupertino, California, and led the Pledge of Allegiance. Present: Mayor Gilbert Wong, Vice -Mayor Mark Santoro, and Council members Barry Chang, Orrin Mahoney, and Kris Wang. Absent: none. BOARDS AND COMMISSIONS INTERVIEWS 1. Interview applicants for unscheduled vacancies on the Fine Arts Commission (FAC) and the Telecommunications, Information and Communications Commission (TICC). The City Council interviewed Beverly Siegel, Reena Nadkarni, Chris Zhang, Vadhri Srinivas, Raj eswari Mahalingam, and Marvin Spielman, and concurred to appoint Raj eswari Mahalingam to an unscheduled vacancy on the FAC, with a partial term ending January 2013, and +Marvin Spielman to an unscheduled vacancy on the FAC, with a full term ending January 2015; and to appoint Reena Nadkarni to an unscheduled vacancy on the TICC, with a partial term ending January 2012. RECESS CLOSED SESSION At 6:30 p.m., City Council recessed to a closed session to discuss the following item in closed session. 2. Subject Conference with Real Property Negotiator (Gov't Code 54956.8) Property: 10346 Scenic Circle Blvd., Cupertino, CA 95014 Negotiator: Carol Atwood Under negotiation: terms Mayor Gilbert Wong announced that City Council heard the briefing and gave instructions to the real property negotiator. 12 May 3, 2011 Cupertino City Council Page 2 PLEDGE OF ALLEGIANCE At 6:45 p.m. Mayor Gilbert Wong called the regular meeting to order in the Council Chamber, 10350 Torre Avenue, Cupertino, California, and led the Pledge of Allegiance. ROLL CALL Present: Mayor Gilbert Wong, Vice -Mayor Mark Santoro, and Council members Barry Chang, Orrin Mahoney, and Kris Wang. Absent: none. CEREMONIAL MATTERS — PRESENTATIONS 3. Subject Proclamation recognizing the "Smarty Six" at Regnart School Recommended Action Present the proclamation Description The Smarty Six is a group of students from Regnart School. They won first place in the Silicon Valley Region Tournament, were honored with the DaVinci Award For Outstanding Creativity, and took second place in their division at the state tournament, advancing them to the finals in Tennessee. Mayor Wong presented the proclamation to Vincent Lim, Ashvin Irrinki, Angela Chu, Rohan Shinkre, Shreya Maanavi and Brett Park and congratulated them on their achievements. The second and third grade students described the experience as very exciting and said that they all had a good time working on their creative and problem solving projects. They announced that the finals would be held the last week of May and would include 100 world -wide teams. 4. Subject Proclamation declaring May 2011 as Foster Care Month in Cupertino Recommended Action Present the proclamation Mayor Wong presented the proclamation to Jane Ramirez, her foster child Bella, and Foster Care Recruiter Juliana. Juliana thanked the Council for their recognition of Foster Care Month and the important work of foster care. 5. Subject Presentation from the Teen Commission Recommended Action Receive presentation Parks and Recreation Director Mark Linder introduced staff liaison Lauren Phillips and Teen Commission Chair Shailee Samar. Other Teen Commissioners present were Hadar Sachs, Kylar Sunham and Anon Novatee. The Commissioners talked about five of their projects including the Giving Tree Holiday Event, Teen Center Lounge Nights, 2012 Anti - Tobacco Conference, Collaboration with other Commissions, and WOW (Walk One Week). The Commissioners stated that the Giving Tree Holiday Event had been very successful with special thanks to Kennedy School students for their outstanding participation in this project. They were continuing to hold Teen Center Lounge Nights which included free food and games and a chance for teens to get together. They were also working with the Santa Clara Teen Commission on the 2012 Anti - Tobacco Conference, and were continuing to work with other cities and other Cupertino commissions on subjects of mutual interest. Their major project was WOW and to date they had been very successful. The two -week spring WOW event included the elementary and middle schools and had 1,200 participants. The high 13 May 3, 2011 Cupertino City Council Page 3 school WOW event was scheduled for May 15 -20. The Commission provided prizes, banners and brochures and the goal was to have the schools organize their own WOW programs. The Commission also had recommended two schools, Eton Elementary and Lawson Middle, to receive awards for their outstanding contributions to the WOW program. Mayor Wong presented trophies to representatives from Eton and Lawson and thanked them for their efforts with the WOW program and Council thanked the Teen Commission for their enthusiasm and accomplishments. The Council received the report, and no action was taken. POSTPONEMENTS — None WRITTEN COMMUNICATIONS City Clerk Kimberly Smith distributed the following written communications: • A copy of the agenda with amended draft resolution numbers on items 26 and 30 • A chart titled Housing Commission Recommendations for item No. 23 • A copy of the staff PowerPoint for the Green Building Ordinance, and copies of emails from Mr. Myron Crawford stating his opposition to the proposed ordinance • An amended ordinance regarding smoking in recreational areas ORAL COMMUNICATIONS - None CONSENT CALENDAR Mahoney moved and Wang seconded to approve the items on the Consent Calendar as recommended. The motion carried by the following vote: Ayes: Chang, Mahoney, Santoro, Wang, and Wong. Noes: None. Abstain: None. 6. Subj ect April 6 City Council minutes Recommended Action Approve minutes 7. Subject Accounts Payable for period ending March 25, 2011 Recommended Action Adopt Resolution No. 11 -056 8. Subject Payroll for period ending April 1, 2011 Recommended Action Adopt Resolution No. 11 -057 9. Subject Accounts Payable for period ending April 1, 2011 Recommended Action Adopt Resolution No. 11 -058 10. Subject Accounts Payable for period ending April 8, 2011 Recommended Action Adopt Resolution No. 11 -059 11. Subj ect Accounts Payable for period ending April 15, 2011 Recommended Action Adopt Resolution No. 11 -060 14 May 3, 2011 Cupertino City Council Page 4 12. Subject Payroll for period ending April 15, 2011 Recommended Action Adopt Resolution No. 11 -061 13. Subject Approve destruction of records from the Finance and Code Enforcement departments Recommended Action Adopt Resolution No. 11 -062 14. Subj ect Treasurer's Investment and Budget Report for quarter ending March 2011 Recommended Action Accept the report 15. Subject Annual adoption of City Investment Policy Recommended Action Adopt the City Investment Policy as of May 3, 2011. 16. Subject Quitclaim Deed and Authorization for Underground Water Rights, Jagriti Mukherj ee and Aniruddha Mukherjee, 21856 Hermosa Avenue Recommended Action Adopt Resolution No. 11 -063 Description The property owners of this residential development agree to grant to the City the right to extract water from the basin under the overlying property 17. Subject Municipal Improvements, Kong -Yen Han and Sue -Jane Han, 21881 Dolores Avenue Recommended Action Accept Municipal Improvements Description The improvements included sidewalk, curb & gutter and driveway approach work in the City right of way 18. Subject Improvement Agreement, Jagriti Mukherj ee and Aniruddha Mukherj ee, 21856 Hermosa Avenue Recommended Action Adopt Resolution No. 11 -064 Description Through the improvement agreement with the City, the applicants for a building permit for a single- family residential development will be obligated to bond and construct city- specified roadside improvements along the street frontage of their building site 19. Subject Quitclaim Deed and Authorization for Underground Water Rights, Vinod Balakrishnan and Ranju Rajan, 10447 North Blaney Avenue Recommended Action Adopt Resolution No. 11 -065 Description The property owners of this residential development agree to grant to the City the right to extract water from the basin under the overlying property 20. Subject Quitclaim Deed and Authorization for Underground Water Rights, Taiping Wang and Meichuan Sun, 19089 Tilson Ave Recommended Action Adopt Resolution No. 11 -066 Description The property owners of this residential development agree to grant to the City the right to extract water from the basin under the overlying property 21. Subject Stevens Creek Corridor Project Phase 11 grant application for Transportation Development Act (TDA) Article 3 Pedestrian/Bicycle Project Funding 15 May 3, 2011 Cupertino City Council Page 5 Recommended Action Adopt Resolution No. 11 -067, authorizing allocation of TDA Article 3 funding 22. Subject Agency Agreement for the Countywide AB939 Implementation Fee and the Agreement for Countywide Household Hazardous Waste Collection for FY 11 -12 Recommended Action Adopt Resolution Nos. 11 -068 and 11 -069 Description Current agreements June 30, 2011 and new agreements have been approved by the County of Santa Clara and presented to the fifteen cities for approval 23. Subject Renew the voluntary cap of $28,000 for campaign expenditures in the 2011 City Council election Recommended Action Adopt Resolution No. 11 -070 setting a voluntary expenditure cap of $28,000 for the election of 2011 ITEMS REMOVED FROM THE CONSENT CALENDAR (above) PUBLIC HEARINGS 24. Subject Community Development Block Grant (CDBG) funds, Human Service grants and FY 2011 Annual Action Plan. Recommended Action Conduct public hearing; and 1. Adopt Resolution No. 11 -071 approving the allocations for the use of the 2011 -2012 CDBG program and human service grant as detailed in Attachment B; and 2. Approve the FY 2011 -12 Annual Action Plan (Attachment C) as required by the federal Department of Housing and Urban Development (HUD). Description This is the second of two required public hearings regarding use of 2011 -12 CDBG funds, Human Service grants and FY 2011 Annual Action Plan Mayor Wang opened the public hearing at 7:46 p.m. There were no speakers, and the hearing was closed at 7:47 p.m. Mahoney moved and Chang seconded to adopt Resolution No. 11 -071. The motion carried unanimously. 25. Subject Green Building Ordinance, MCA - 2010 -04, and amendment to the City's Fee schedule Recommended Action 1. Conduct first reading of Ordinance No. 11 -2076 amending Chapter 16.58 of the Cupertino Municipal Code, Green Building Standards Code to Include Local Green Building Requirements (Attachment A); and 2. Adopt draft Resolution No. 11 -072 amending the City's adopted Fee Schedule to incorporate Green Building deposit fees (Attachment B). Senior Planner Aki Honda reviewed the staff which report and provided an update on the key components and changes to the ordinance that council requested on February 1, 2011. Walker Wells of Global Green reported that the $2 per square foot for commercial projects was to set a level for the refundable deposit, simplify the process, and provide an incentive. Myron Crawford, Berg and Berg, stated his opposition to the proposed ordinance because California Green Code is already in place. He noted that additional costs are assessed to 16 May 3, 2011 Cupertino City Council Page 6 businesses repeatedly and suggested that the City stay with the California Green Code to see how it works out first. Darcy Paul, representing the Chamber of Commerce Legislative Action Committee expressed concern about the elevated costs for businesses. He also stated that the Chamber was pleased with modifications to the ordinance terminology and adding the alternative reference. He also suggested that defining the building official to the alternative reference would be good. David Kaneda, former Planning Commissioner, spoke in favor of the ordinance. Jennifer Griffin praised the city for the good work over the past two years with respect to the green ordinance. She stated her opposition to giving builders incentives such as floor to area ratio and parking spaces. Mahoney was in support of the ordinance as revised. Santoro supported approval of the ordinance in one year to allow time for the community to be educated about the changes and provide council with feedback. He recommended changing residents greater than nine to say residents, change residents to be city verification only, and to provide more incentives such as a faster process. Mahoney agreed with changing single and multi - family residential fewer than nine units to be city review only due to the high cost of outside certification. He indicated that he was not in favor of waiting for one year to implement, but did not have a strong feeling about a delay. Wang preferred to have an educational period and was in favor of a one year delay with the intention of passing the ordinance at that time. Chang was opposed to a delay. Council took a straw vote regarding single family complex fewer than nine units receiving city review or no requirement; Chang, Mahoney, and Wong were in favor. A second straw vote was held about delaying implementation of the ordinance; Santoro, Wang, and Wong were in favor of a delay. Santoro moved and Wang seconded that MCA 2010 -04 be approved with language revisions; residential less than nine are exempt from additional City requirements; and that the ordinance will not take effect for 12 months after council review with the intent that the ordinance will go into effect at that time. Chang noted that the green building ordinance had been going on for more than a year and indicated that he felt it was a mistake to delay action. He stated he would not vote for the ordinance as proposed. Mahoney agreed. The Council members concurred that the first reading of the ordinance would occur after a one year community education period and council review. 17 May 3, 2011 Cupertino City Council Page 7 UNFINISHED BUSINESS —None RECESS - 9:08 p.m. to 9:18 p.m. NEW BUSINESS 26. Subject 2011 Cupertino Bicycle Transportation Plan Recommended Action Adopt Resolution No. 11 -073 approving the 2011 Cupertino Bicycle Transportation Plan Senior Civil Engineer and staff liaison for the Bicycle Pedestrian Commission David Stillman stated that this was a long -range planning document that set policy for the build -out of bicycle infrastructure. The current bicycle plan was been done in 1998 and certain funding sources required an update of the plan, which focused on environment, engineering, encouragement, education and enforcement. The next steps included proceeding with funding opportunities, and revisiting and updating the plan within five years. The application for the implementation of each bikeway would be brought back to Council including sensitive issues such as the possible removal of parking or stop signs. In conclusion Mr. Stillman noted that Cupertino had received the prestigious award of Bicycle Friendly Community Status by the League of American Bicyclists. Mahoney stated that a correction needed to be made in the final document. The reference to $7 million for the bridge needed to be changed to $2 million. He also suggested adding wording about the college and city working together to integrate the plan on college property. William Chan, Chairman of the Cupertino Bicycle Pedestrian Commission, noted the Commission had worked for a long time on this plan and he stated their support. He also noted that it was a vehicle to get important funding. Jennifer Griffin noted that this plan dealt with the city as a whole which was important and she supported it. She also urged the city to be sensitive to existing neighborhoods and notify the residents of any impacts from the implementation of this plan. Ann Ng thanked present and past members of the Bicycle Pedestrian Commission and stated her support of this plan. Santoro moved and Mahoney seconded to (1) Add a section to the Bicycle Transportation Plan stating "The City of Cupertino will collaborate with DeAnza College toward a better integration of the bicycle plan with routes through the college campus.; and (2) Adopt Resolution No. 11 -073 approving the 2011 Cupertino Bicycle Transportation Plan as amended. The motion carried unanimously. 27. Subject Consider an ordinance to regulate smoking in recreational areas. Recommended Action Conduct the first reading of Ordinance No. 11 -2077 of the City Council of the City of Cupertino adopting Chapter 10.90 of the City Municipal Code to prohibit smoking and tobacco use in recreational areas. Parks and Recreation Director Mark Linder reviewed the staff report. in May 3, 2011 Cupertino City Council Page 8 Janet Ghanem, representing Breathe California, spoke in support of the proposed ordinance. John Zwaanstra, a retired physician specializing in pulmonary disease, spoke in support of the ordinance. Carol Baker, resident of Cupertino and honorary life member of the American Cancer Society Board of Directors of the California division, spoke in support of the ordinance. Chang supported the ordinance and suggested 100 feet from public area with an exception for private property which backs up to public property. Santoro expressed concern that the ordinance did not receive input from the Parks and Recreation and Public Safety Commissions and questioned the non - smoking types of products and the difference in limits such as 25 or 20 feet. Wang supported the ordinance with respect to health aspects, questioned limits related the city borderlines and whether in parks and playgrounds. Mahoney was not in support of a city wide ban or a ban on electronic cigarettes and non- smoking tobacco products. He supported the 25 feet limit with an exemption for private property. Wong noted that he supports input from Public Safety Commission, but felt this subject matter was important enough to move forward. He supported a compromise with 25 feet from the boundary of parks, with exemption for private residential, electronic cigarettes, and non - smoking tobacco products. Mahoney moved to approve the ordinance for 25 feet from park boundaries except where it encroaches upon private property and with an exemption for electronic cigarettes and non- smoking tobacco products. Wang seconded for discussion. Discussion followed regarding non - smoking tobacco products and electronic cigarette vapors. Mahoney confirmed that the ordinance should not include electronic cigarette vapors and non - smoking tobacco products. The City Clerk read the title of the ordinance. Mahoney moved and Chang seconded to read the ordinance by title only as amended by council discussion, and that the City Clerk's reading would constitute the first reading thereof. Ayes: Chang, Mahoney, Santoro, Wang and Wong. Noes: None. 28. Subject Consider changing the budget study session scheduled for May 16, and confirm the date for the City Manager evaluation Recommended Action Select a study session date of May 23 or later; confirm date and time of City Manager evaluation currently set for May 16 19 May 3, 2011 Cupertino City Council Page 9 The Council members concurred to conduct the budget study session on Monday, May 23, 3:00 p.m., in the City Council Chambers, and the City Manager evaluation will immediately follow that study session, in Conference Room A. 29. Subject Consider an ordinance to place stop signs on Bandley Drive at Marian Avenue Recommended Action Conduct first reading of Ordinance No. 11 -2078, Amending Section 11.20.030 of the Cupertino Municipal Code Relating to Establishment of All Directional Vehicular Stop Required at Certain Intersections; Bandley Drive at Mariani Avenue Public Works Director Timm Borden recommended placing a stop sign on Bandley Drive at Mariani Avenue due to the large number of accidents dealing with left turns, more pedestrian activity, high speeds on Bandley, and limited visibility because of the curve on the road. Daniel Nguyen, Public Safety Commissioner, said that to his knowledge, stop sign issues had never come before the commission, but the commission would be glad to include that topic in their work program. William Chan, Bicycle Pedestrian Commission, indicated that the issue did not officially come before the commission, but felt that the commission would be in favor of placing a stop sign on Bandley Drive. Discussion followed regarding when it is advisable to obtain commission recommendations. City Manager David Knapp explained that liability issues need more engineering judgment, and controversial issues need commission and public input. The City Clerk read the title of the ordinance. Chang moved and Mahoney seconded to read the ordinance by title only, and that the City Clerk's reading would constitute the first reading thereof. Ayes: Chang, Mahoney, Santoro, Wang and Wong. Noes: None. RECESS - 10:50 p.m. to 11:03 p.m. 30. Subject Introduce a resolution setting forth a policy for the City Council to use teleconferencing in connection with its City Council meetings. Recommended Action Consider adopting Resolution No. 11 -2079 clarifying the conditions under which teleconferencing may be used. Jennifer Griffin asked why this item had been put on the agenda. While she understood it was done in other larger cities she was unclear as to the need for it in Cupertino. City Manager David Knapp stated that he had put this on the agenda for clarification purposes. The topic had been raised in certain Council discussions and the proposed resolution included the minimum requirements as stated in the Brown Act for teleconferencing. Council Members Mahoney, Santoro, Wang and Wong discussed the issue and agreed that while they had no strong feelings about this proposal, there may be rare occasions when it would be beneficial to the city to have it in place. Council Member Chang stated that he was strongly opposed to teleconferencing. He noted that he had been elected to represent the 20 May 3, 2011 Cupertino City Council Page 10 residents and to be available at the meetings. He believed that much of the body language was in teleconferencing. Congress and the Assembly had to be present to vote, and unless the voters of Cupertino stated otherwise, that was how he believed it should be in Cupertino. Mahoney moved and Wang seconded to adopt Resolution No. 11 -074 with the following amendments: 1) Include a requirement that only one Council Member could teleconference at a meeting; 2) Include a statement that teleconferencing must be in compliance with the Brown Act, as amended; 3) Include a policy statement that teleconferencing is strongly discouraged; and 4) Include the following sentence: "One week advance written notice must be given by the Council Member to the City Clerk's office; the notice must include the address at which the teleconferenced meeting will occur, who is to initiate the phone call to establish the teleconference connection, and the phone number of the teleconference location." The motion carried 4 -1 with Council Member Chang voting no. ORDINANCES - None STAFF REPORTS - None COUNCIL REPORTS Council members highlighted the activities of their committees and various community events, including the Cherry Blossom Festival, Taiwan Sister City trip, Silicon Valley Korean School, and League of California Cities Bocce ball event. Mayor Wong asked staff to include on a future Council meeting include a discussion about establishing a policy for time limits associated with the initial stage of the Petition for Reconsideration hearing, to determine if the five criteria for a substantive discussion had been met. ADJOURNMENT At 11:45 p.m. p.m. the meeting was adjourned. Kimberly Smith, City Clerk Staff reports, backup materials, and items distributed at the City Council meeting are available for review at the City Clerk's Office, 777 -3223, and also on the Internet at www.cupertino.or� Click on Agendas & Minutes, then click on the appropriate Packet. Most Council meetings are shown live on Comcast Channel 26 and AT &T U -verse Channel 99 and are available at your convenience at www.cupertino.or Click on Agendas &Minutes then click Archived Webcast. Videotapes are available at the Cupertino Library, or may be purchased from the Cupertino City Channel, 777 -2364. 21 DRAFT MINUTES CUPERTINO CITY COUNCIL CUPERTINO Regular Meeting Tuesday, May 17, 2011 ROLL CALL Present: Mayor Gilbert Wong, Vice -Mayor Mark Santoro, and Council members Barry Chang, Orrin Mahoney, and Kris Wang. Absent: none. CLOSED SESSION 1. Subject Conference with Real Property Negotiator (Gov't Code 54956.8); Property: 10346 Scenic Circle Blvd., Cupertino, CA 95014; Negotiator: Carol Atwood; Under negotiation: terms Mayor Wong announced that the City Council did not meet in closed session due to lack of business. PLEDGE OF ALLEGIANCE At 6:45 p.m. Mayor Gilbert Wong called the regular meeting to order in the Council Chamber, 10350 Torre Avenue, Cupertino, California, and led the Pledge of Allegiance. ROLL CALL Present: Mayor Gilbert Wong, Vice -Mayor Mark Santoro, and Council members Barry Chang, Orrin Mahoney, and Kris Wang. Absent: none. CEREMONIAL MATTERS — PRESENTATIONS 2. Subject Proclamation recognizing May 15 -21, 2011 as National Public Works Week Recommended Action Present proclamation Public Works Director Timm Borden introduced a video which was shown over - viewing the Public Works department. Mayor Wong presented the proclamation to Director Borden. 3. Subject Presentation from the Cupertino- Hsinchu Sister City organization about the student exchange program Recommended Action Receive presentation Description The participants are 15 students from Cupertino Union School District, and Fremont Union middle and high schools President of the Hsinchu Sister City Committee Angela Chen talked about the trip that students recently took to Hsinchu. Tim Kenworthy, teacher at Lynbrook High School, 22 May 17, 2011 Cupertino City Council Page 2 introduced a video that was shown highlighting the trip. He introduced three students who spoke about their experiences in Hsinchu: Janeah from Lawson Middle School, Christopher from Monta Vista High School, and Jasmine from Lynbrook High School. Mayor Gilbert Wong explained that Cupertino has three Sister Cities: Copertino in Italy, Toyokawa in Japan, and Hsinchu in Taiwan. He thanked the adult delegation who went with the students to Hsinchu. Council members Orrin Mahoney and Mark Santoro also briefly talked about their experiences on the trip. Cupertino Union School District Board member Ben Liao talked about his experience on the trip and thanked the City and the Committee for maintaining the Sister City relationship. Council member Kris Wang explained the beginning of the Hsinchu Sister City relationship and Council member Barry Chang noted that he was also part of the original delegation to Hsinchu. Ms. Chen acknowledged the groups that made the trip possible and presented a gift from the Mayor of Hsinchu to Mayor Wong. Janice Sung was also acknowledged by the City Council for her efforts. 4. Subject Presentation from the Public Safety Commission Recommended Action Receive presentation Public Safety Commission Chair Tamara Pow talked about the things they have been working on including: walk, bike, carpool (WBC) to school incentives and approved grants for school safety; Boltage System which electronically tracks the frequency of walkers and bikers to school; survey of WBC to school to see if incentive dollars are making a difference; response to citizen complaints such as speed of cars during school hours, congestion, and crosswalk hazards; crossing guard study; AlertSCC Awareness Project and goal of increasing participation of Cupertino residents; and liaisons and communication to other commissions such as the Teen and the Bicycle Pedestrian commissions. She noted that the work program for this year is to continue the WBC incentives, AlertSCC, and involvement with the City's emergency preparedness. She introduced the rest of the commission members. POSTPONEMENTS WRITTEN COMMUNICATIONS Deputy City Clerk Grace Schmidt noted the following written communications: • A project location map for item number 12, Garden Gate sidewalk installation • An email from Susan Sievert for item number 13, report on golf course irrigation upgrade • A staff PowerPoint presentation for item number 13 • A staff PowerPoint presentation for item number 14, Stevens Creek Corridor Park, Phase II • A redline draft ordinance for item number 15, to regulate smoking in recreational areas • A staff PowerPoint presentation for item number 16, pavement management program 23 May 17, 2011 Cupertino City Council Page 3 ORAL COMMUNICATIONS Public Safety Commissioner Craig Lee talked about issues that came before the City Council recently relevant to public safety which the Commission was not informed ahead of time nor asked to review or comment on them by the City. One was an ordinance regarding smoking in City parks and another was an ordinance regarding stop signs at Bandley and Mariani. He said would like the commission to be able to be more involved on issues that come through City staff to the City Council for review. Steve Pon talked about high rent in Cupertino and asked Council to put in a rent control. Staff referred him to West Valley Community Services. Michael Gottwald said that Monta Vista High School is having a ceremony on May 27 at 3:30 p.m. to change the name of the aquatic center to the Ron Freeman Aquatics Center, in honor of the athletic director who recently passed away. CONSENT CALENDAR Wang moved and Mahoney seconded to approve the items on the Consent Calendar as recommended, Ayes: Chang, Mahoney, Santoro, Wang, and Wong. Noes: None. Abstain: None. 5. Subject Accounts Payable for period ending April 22, 2011 Recommended Action Adopt Resolution No. 11 -075 6. Subject Accounts payable for period ending April 29, 2011 Recommended Action Adopt Resolution No. 11 -076 7. Subject Accounts Payable for period ending May 6, 2011 Recommended Action Adopt Resolution No. 11 -077 8. Subject Payroll for period ending April 29, 2011 Recommended Action Adopt Resolution No. 11 -078 9. Subject Declare brush growing on certain properties a public nuisance and set hearing date for June 7 for objections to proposed removal Recommended Action Adopt Resolution No. 11 -079 10. Subject Municipal Improvements, James R. Courtright and Pamela L. Courtright, 21914 Hermosa Avenue, APN 357 -16 -048 Recommended Action Accept Municipal Improvements Description The work included curb & gutter, driveway approach, and sidewalk improvements 11. Subject Municipal Improvements, Stephen Fung, 21900 Alcazar Avenue, APN 357 -14 -034 Recommended Action Accept Municipal Improvements 24 May 17, 2011 Cupertino City Council Description The work included curb & gutter and driveway approach improvements ITEMS REMOVED FROM THE CONSENT CALENDAR (above) PUBLIC HEARINGS - None UNFINISHED BUSINESS - None NEW BUSINESS Page 4 12. Subj ect Garden Gate Sidewalk Installation Project No. 2009 -9549 Recommended Action Review bids and award contract to J.J.R. Construction, Inc. for the construction of the Garden Gate Sidewalk Installation Project No. 2009 -9549, in the amount of $259,000.00, and approve a construction contingency of $50,000.00 to cover any unforeseen work required to complete the project, for a total of $309,000.00 Written communications for this item included a project location map. Public Works Director Timm Borden reviewed the staff report via a PowerPoint presentation and answered questions from Council. Mahoney moved and Wang seconded to award the contract to J.J.R. Construction and to approve the construction contingency. The motion carried unanimously. 13. Subject Report on the Golf Course Irrigation Upgrade — Stevens Creek Corridor Park, Phase II Trail & 8th Hole Conflict Mitigation Alternatives Recommended Action Receive Report Written communications for this item included an email from Susan Sievert and a staff PowerPoint presentation. Public Works Director Timm Borden reviewed the staff report via a PowerPoint presentation. Council asked questions of staff. Staff will bring back information on water rights and an ROI (return on investment). Council received the report and no action was taken. 14. Subject Stevens Creek Corridor Project, Phase II - Funding Report and Authorization to Continue Design Recommended Action Authorize staff to continue design and accept the California River Parkways Grant of $1.215 million Written communications for this item included a staff PowerPoint presentation. Public Works Director Timm Borden reviewed the staff report via a PowerPoint presentation. 25 May 17, 2011 Cupertino City Council Page 5 Donna Austin said that the proposal still shows the trail crossing the creek and going through the orange orchard rather than adhering to the existing dirt path between the orchard and the creek. She said she didn't see the need to take the orchard trees when the path next to the creek is more pleasant and would save a lot of the orchard. Anne Ng, Board member for Friends of Stevens Creek Trail and representative on the Stocklmeir Task Force, said that she is glad the City received the grant that makes the trail and creek restoration possible and urged Council to accept the grant and proceed with the design as shown. Council asked questions of staff. Chang moved and Mahoney seconded to authorize staff to continue the design and accept the California River Parkways grant. The motion carried unanimously. ORDINANCES 15. Subject Ordinance to regulate smoking in recreational areas Recommended Action Conduct the second reading of Ordinance No. 11 -2077: "An Ordinance of the City Council of the City of Cupertino adopting Chapter 10.90 of the Municipal Code to regulate smoking in recreational areas" Written communications for this item included a redline draft ordinance. Mahoney moved and Wang seconded to read the ordinance by title only and that the City Clerk's reading would constitute the second reading thereof. Ayes: Chang, Mahoney, Santoro, Wang, and Wong. Noes: None. Mahoney moved and Wang seconded to enact Ordinance No. 11 -2077. Ayes: Chang, Mahoney, Santoro, Wang, and Wong. Noes: None. STAFF REPORTS City Manager Dave Knapp noted dates for the upcoming Council meetings including a budget study session at 3:00 on May 23, City Manager evaluation on May 23 following the study session, and Teen Commission interviews at 3:30 on May 25. Council recessed from 8:41 p.m. to 8:50 p.m. 16. Subject Report on the Pavement Management Program, Street Conditions, and Preventative Maintenance Recommended Action Receive Report Written communications for this item included a staff PowerPoint presentation. 26 May 17, 2011 Cupertino City Council Page 6 Public Works Director Timm Borden and Assistant Public Works Director Roger Lee reviewed the staff report via a PowerPoint presentation. Jennifer Griffin said she was glad to see that Bollinger was on the list since there are some bad potholes on that street. Council asked questions of staff. Council received the report and no action was taken. COUNCIL REPORTS Council members highlighted the activities of their committees and various community events. ADJOURNMENT At 9:50 p.m., the meeting was adjourned to a special meeting that immediately followed to discuss possible recommendations to the Santa Clara County Citizens Redistricting Commission, Cupertino Community Center, 10350 Torre Avenue. Grace Schmidt, Deputy City Clerk Staff reports, backup materials, and items distributed at the City Council meeting are available for review at the City Clerk's Office, 777 -3223, and also on the Internet at www.cupertino.org Click on Agendas & Minutes, then click on the appropriate Packet. Most Council meetings are shown live on Comcast Channel 26 and AT &T U -verse Channel 99 and are available at your convenience at www.cupertino.org Click on Agendas &Minutes then click Archived Webcast. Videotapes are available at the Cupertino Library, or may be purchased from the Cupertino City Channel, 777 -2364. 27 May 17, 2011 Cupertino City Council Page 7 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. DRAFT MINUTES CUPERTINO CUPERTINO CITY COUNCIL Special Meeting Tuesday, May 17, 2011 ROLL CALL At 10:00 p.m. Mayor Gilbert Wong called the special meeting to order in the Council Chamber, 10350 Torre Avenue, Cupertino, California, and led the Pledge of Allegiance. Present: Mayor Gilbert Wong, Vice -Mayor Mark Santoro, and Council members Barry Chang, Orrin Mahoney, and Kris Wang. Absent: none. NEW BUSINESS 1. Subject Santa Clara County Citizens Redistricting Commission Recommended Action Discuss possible recommendation to the Santa Clara County Citizens Redistricting Commission Public and Environmental Affairs Director Rick Kitson reviewed the staff report. Cathy Helgerson said that there has been no publicity about this item and residents need a say in what's going on. She said she would like the citizens notified about what will happen and any repercussions for Cupertino. Jennifer Griffin said Cupertino needs to look at the repercussions of redistricting and noted that she doesn't want to move to a different district. Mahoney moved and Chang seconded to direct staff to write a letter to the Redistricting Commission noting that Map one is preferred, Maps three and four are acceptable, and Council strongly opposes Maps two and five. Council also noted that the letter should include that Cupertino would like to remain in the same district as Lehigh, and with similar communities such as those abutting the foothills and those that have high tech companies. ADJOURNMENT At 10:43 p.m., the meeting was adjourned to Monday, May 23, 3:00 p.m. in the Emergency Operations Center, City Hall, 10300 Torre Avenue, to conduct a study session on the FY 2011- 2012 budget. Grace Schmidt, Deputy City Clerk 29 May 17, 2011 Cupertino City Council Page 2 Staff reports, backup materials, and items distributed at the City Council meeting are available for review at the City Clerk's Office, 777 -3223, and also on the Internet at www.cupertino.org Click on Agendas & Minutes, then click on the appropriate Packet. Most Council meetings are shown live on Comcast Channel 26 and AT &T U -verse Channel 99 and are available at your convenience at www.cupertino.org Click on Agendas &Minutes then click Archived Webcast. Videotapes are available at the Cupertino Library, or may be purchased from the Cupertino City Channel, 777 -2364. 30 DRAFT MINUTES CUPERTINO CITY COUNCIL Regular Adjourned Meeting Wednesday, May 25, 2011 ROLL CALL At 3:42 p.m. Mayor Gilbert Wong called the meeting to order in City Hall Conference Room A, 10300 Torre Avenue, Cupertino, California. Present: Mayor Gilbert Wong, Vice -Mayor Mark Santoro, and Council members Barry Chang, and Orrin Mahoney. Absent: Council member Kris Wang. COMMISSION INTERVIEWS 1. Interview applicants for vacancies on the Teen Commission. Written Communications for this meeting included a letter to Council from the Teen Commission with a recommended list of characteristics for the upcoming teen commission members. The City Council interviewed 66 applicants from grades eight through twelve. The following 5 individuals were appointed to 2 -year terms: Madeline Yip Sanika Puranik Greg Pommier Dana Luj ack Ashley Ding ORAL COMMUNICATIONS - None ADJOURNMENT At 11:45 p.m. the meeting was adjourned. Grace Schmidt, Deputy City Clerk For more information: Staff reports, backup materials, and items distributed at the meeting are available for review at the City Clerk's Office, 777 -3223, and also on the Internet at www. Cupertino. org 31 May 25, 2011 Cupertino City Council Page 2 Most Council meetings are shown live on Cable Channel 26, and are available at your convenience from our web site. Visit www.cupertino.or�u and click on Watch Meetings. Videotapes are available at the Cupertino Library, or may be purchased from the Cupertino City Channel, 777 -2364. 32 191061199=4110 ML S A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO ALLOWING CERTAIN CLAIMS AND DEMANDS PAYABLE IN THE AMOUNTS AND FROM THE FUNDS AS HEREINAFTER DESCRIBED FOR GENERAL AND MISCELLANEOUS EXPENDITURES FOR THE PERIOD ENDING MAY 13, 2011 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 ". 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A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO ALLOWING CERTAIN CLAIMS AND DEMANDS PAYABLE IN THE AMOUNTS AND FROM THE FUNDS AS HEREINAFTER DESCRIBED FOR GENERAL AND MISCELLANEOUS EXPENDITURES FOR THE PERIOD ENDING MAY 20, 2011 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 firnds 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 fiends as hereinafter set forth in Exhibit "A ". CERTIFIED: / ` f &�Le Director of Administrative Services PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this day of , 2011, by the following vote: Vote Members of the City Council AYES: NOES: ABSENT: ABSTAIN: ATTEST: F, R I F AUG Kimberly Smith, City Clerk Gilbert Wong, Mayor, City of Cupertino 45 ti G 2<l V1 0 Y Y H Vj Y w 0 Y I y 7, n H n n n 5 O H H 9 H r r Y Y Y Y W W W W W r r r r H Y Y W W H r H r H n O O O O O O O O P o O o O o O O O O n o o O O o 0 0 ,T1 N N N N N N N N N N N N N N N N H N N N N N N f-3 N N U] U o O O o 00 Id ri �3 7 x m m m m m m m m m m m m m ON m m m m m m m m M Y Ut Ut U1 Ut Ut rn to In [n In In w w Ut Ut Ut In Ut tit In m In n r m co m m w m m m to vt N m b O P 0 o O O W J (3) W W m tR J Ut In Ut w W W H H ko to t0 ID to W tQ J H w J o W w O O Ul to 4. lD J ,P w W 7, I J m Ut .A w N W w W to 3D w r m m m N N o 91 .P (n O a O 4 C C C C C G G G G C C C G C ZI 0 o O 'o 0 0 0 o H W H W Y Y Y o 0o O n o 0 In U1 U1 Ut In [n to H N N W W o O O m m m co w w w \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ N N O o N O N o N O N O N P N m W J H J H l6 H l0 N iD N N o w N J Y Y W W H w o m o O m m \ \ W H \ H \ Y \ r \ H \ H \ H \ r \ Y \ W \ W \ ID 0 \ Y O \ r 0 \ Y o \ \ H Y O 4 \ Y 0 \ µ 0 \ \ µ Y 0 0 a, � 'S N Y H t 1 0 IN P O W w N Y m U3 Y a m r H W U) Uf t" 'rzF C Y 'L r OW hi [7 'rti H Rs � r3 H H fll tQ R> Fi '.�} hJ St1 w `W � m Z H q 0 N H �V x O h7 �7 Cif G� �. 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" • H n n C H I Yo x x @ n W o w Ul hl w M bl w H V 7� z z \ n x n n � y y N�� o0o ��X� OPOnn pq n N I ro SJ Nod \ n Ul UI (n Ul In In Ul Ln C+1 H t*3 H .P µ n HrY p F' Hr n r dH m y t6 LO iD (D W iD (D O H tiJ fl 0 rrr NM Nµµ O�cl n r m Y r� G] n P n O o 0 0 o W [n Ln Ul In lfl )n U1 In ill In \\\ \\\\\ [n n n Yµr r3Jr H t q Ci 1D lD iD 7D iD l6 lD W t1 rt S HH µµY µr t3 ti r r r r r r Y W y (u m m m m m m LO l N w w W W W W W W W W W W W W W W W 1 R. 1 a m m ro ro ro ro ro ro ro ro 1 r* I th tU h3 PS th ti3 h7 t�l I rU I rIj rnrnm rntnwM(n t� d W t�f � r n [ P 1 Ln I r I m ] G) n n H H 1 o m H H 0 b 1 0 ,K1 O 1 M I o l 1 o n 'o r 7 -aF- YµYY µ O H ro " WW 000 n n 0b 0 O O H N H P W M Y Ln 0 mmm lih7 lei H 1111 H H H H H 1 n HHH1 HHH W H I O (�H(�,, tq Ei]t+] CJ'M' vi Oa [z7G Yf > z H ' 13 13 I-3 ?d a H v utn u to o 13 mmm mmmmm H o N N N r r r r r z µ µ Y W W W W W t I 1 rn 9 th 0 0 0 0 0 0 0 000000 0 P 0 0 0000 00000n n n P 4 O 0 0 0 0 0 0 0 0 0 0 O y t�3 ro tn Ln to 1� o a O W W r r O w N m m m m in m mrul r m m m YY Y(D W W W mtv W N J J �t W oYIJ JNm,snlr m 0 IP .P .P a% C) m0 LO io w o(Om J q, "L H m m m ma rch �IDWNWN N H N 57 RESOLUTION NUMBER A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO ALLOWING CERTAIN CLAIMS AND DEMANDS PAYABLE IN THE AMOUNTS AND FROM THE FUNDS AS HEREINAFTER DESCRIBED FOR SALARIES AND WAGES PAID ON May 13, 2011 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 $ 543,299.83 Less Employee Deductions $( 170,509.68) NET PAYROLL $ 372,790.15 Payroll check numbers issued 98686 through 98744 Payroll voucher numbers issued V31340 through V31556 Void check/voucher number(s) Manual check/voucher number(s) CERTIFIED: l� {s; _� Clt �!7 C� Director of Administrative Services PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this day of , 2011, by the following vote: Vote Members of the City Council AYES: NOES: ABSENT: ABSTAIN: ATTEST: APPROVED: Kimberly Smith, City Clerk Gilbert Wong, Mayor, City of Cupertino RESOLUTION NUMBER A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO ALLOWING CERTAIN CLAIMS AND DEMANDS PAYABLE IN THE AMOUNTS AND FROM THE FUNDS AS HEREINAFTER DESCRIBED FOR SALARIES AND WAGES PAID ON May 27, 2011 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 fiends 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 fiends set forth: GROSS PAYROLL $ 542,362.93 Less Employee Deductions $(168,941.66) NET PAYROLL $ 373,421,27 Payroll check numbers issued 98745 through 98804 Payroll voucher numbers issued V31557 through V31770 Void check/voucher number(s) Manual check/voucher number(s) CERTIFIED: &1&e al Director of Administrative Services PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this day of , 2011, by the following vote: Vote Members of the City Council AYES: NOES: ABSENT: ABSTAIN: ATTEST: APPROVED: Kimberly Smith, City Clerk Gilbert Wong, Mayor, City of Cupertino 59 RESOLUTION NO. 1I- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO AUTHORIZING EXECUTION OF AN IMPROVEMENT AGREEMENT BETWEEN THE CITY AND DEVELOPERS, JIN FENG CHOU AND LILLIAN CHOU, 10207 ORANGE AVENUE, APN 357 -15 -036 WHEREAS, there has been presented to the City Council a proposed improvement agreement between the City of Cupertino and Developers, Jin Feng Chou and Lillian Chow, for the installation of certain municipal improvements at 10207 Orange Avenue, 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 7th day of June, 2011, by the following vote: Vote Members of the City Council AYES: NOES: ABSENT: ABSTAIN: ATTEST: am - slum Kimberly Smith, City Clerk Gilbert Wong, Mayor, City of Cupertino .1 Resolution No. 11- Page 2 DEVELOPERS: LOCATION: EXHIBIT "A" SCHEDULE OF BOND, FEES, AND DEPOSITS JIN FENG CHOU AND LILLIAN CHOU 10207 ORANGE AVENUE, APN 357 -15 -036 PART A Faithful Performance Bond: $ 7,590.00 1102211 PART B Labor and Material Bond: $ 7,590.00 1102211 PART C. Checking and Inspection Fee: $ 2,468.00 1104538 PART D. Development Maintenance Deposit: $ 1,000.00 1102211 PART E. Storm Drainage Fee — Basin 2 $ 148.07 2154072 PART F. Street Light - One -Year Power Cost: N/A 1104537 PART G. Map Checking Fee: N/A 1104539 PART H. Park Fee - ZONE II N/A 2804082 PART I. Reimbursement Fee: N/A 61 IMPROVEMENT AGREEMENT 10207 Orange Avenue APN: 357-15-036 This AGREEMENT made and entered into this day of Y.' 2011, by and between the CITY OF CUPERTINO, a municipal corporation of the State of California, hereinafter designated as CITY, and din Feng Chou and Lillian Chou, Trustees of the An and Lillian Chou Trust 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 Engineers, 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 ". 62 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: Page 2 of I 1 $7,590.00 $7,590.00 $2,468.00 $1,000.00 $148.07 NIA NIA NIA NIA 63 SCHEDULE OF BONDS, FEES, AND DEPOSITS Street Improvement Category: PART A. Faithful Performance Bond: 110 -2211 PART B. Labor and Material Bond: 110 -2211 PART C. Checking and Inspection Fee: 110 -4538 PART D. Development Maintenance Deposit: 110 -2211 PART E. Storm Drainage Fee — Basin 2 215 -4072 PART F. Street Light --- One -Year Power Cost: 110 -4537 PART G. Map Checking Fee: 110 -4539 PART H. Park Fee: Zone II 2804082 PART I. Reimbursement Fee Page 2 of I 1 $7,590.00 $7,590.00 $2,468.00 $1,000.00 $148.07 NIA NIA NIA NIA 63 NOW, THEREFORE, IT IS HEREBY MUTUALLY AGREED by and between the parties hereto as follows, TO WIT: 1. DEDICATION A. 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. B. 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. ii. A standard policy of title insurance issued by a title insurance company and insuring the CITY in the sum of NIA and which shall show said property free and clear of all liens or encumbrances except those as the CITY shall expressly waive in writing; said policy shall be furnished at the time of acceptance of dedication and recordation of deed. C. Upon the condition precedent that the 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 in whatever manner the CITY shall decide. In the event the CITY completes the Work, the CITY may recover any and all costs incurred thereby from the DEVELOPER or the DEVELOPER'S surety or both. No fmal 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. 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 Page 3 of 11 .11 Work shall be done in accordance with existing ordinances and resolutions of the CITY and in accordance with all plans, specifications, and standards 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 plans, specifications, and standards 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. D. 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. E. 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/her 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 him/her far 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/her full and faithful performance of this AGREEMENT. The penal sum of said faithful performance 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 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 to faithfully 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. Page 4 of 11 65 B. In lieu of a surety bond, the DEVELOPER may elect to secure this AGREEMENT by depositing with the CITY: i. Cash; or, ii. A cashier's check, or a certified check payable to the order of the City of Cupertino; or, iii. 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 to faithfully 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. Schedule for bond and insurance release for paper bonds are as follows: i. Release of 90 percent of the faithful performance bond upon acceptance by City Council. ii. 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. iii. 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. iv. 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. 5. 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. Page 5 of 11 •• 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. The deposit may be used at the discretion of the City to correct deficiencies and conditions caused by the DEVELOPER or his/her contractor that may arise during or after the construction of the development. The deposit shall also be used for copies of approved plans for the CITY's files. If the cost exceeds the amount deposited the DEVELOPER is required to pay actual overage prior to return of original plans. Any unexpended amount will be returned to the DEVELOPER at the time all bonds are released in accordance with paragraph 4 of this agreement. 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. STREET LIGHT - 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 F), which amount represents the power cost for street lights for one year. 9. 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 12104161) of CITY, the amount as set forth herein at Page 2 (Part G). 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 shall be selected from the CITY approved list. It. PARK 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 herein at, Page 2 (Part H). Fees are also in accordance with action adopted by the City Council on March 19, 1991 and Chapter 14.05 or Section 1 8-1.602 of the Cupertino Municipal Code. Page 6 of 11 67 12. REIMBURSEMENT FEE It is further agreed that the DEVELOPER shall deposit with the CITY, prior to execution of this AGREEMENT, a reimbursement fee for the street improvements that have been installed by the City, or by another property owner. Developer shall pay the City for the cost of the land at the cost to the City, or another property owner, and shall pay a street improvement reimbursement charge for the improvements which the City or another property owner, installed on the street abutting or included in the benefited property, in an amount equal to the total improvement costs for each particular benefited property as set forth in a reimbursement agreement, in the amount as set forth herein at Page 2 (Part 1). Payments for both land and improvements shall include simple interest in the amount of seven percent per year, to be calculated in the following manner: A. Land Cost. Interest to accrue from the date the street improvements are accepted by the City to the date the street improvements reimbursement charge is paid, or if the land is purchased by the City for a City project, from the date of purchase to the date the charge is paid. B. Improvement Cost. Interest to accrue from the date the street improvements are accepted by the City to the date the street improvement reimbursement charge is paid, or if installed by the City, from the date installation commenced to the date the charge is paid. C. Provided, however, that the interest shall be waived if the adjoining property owner dedicates or has dedicated to the City land necessary for the street improvements, or where no such dedication is necessary. 13. 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. 14. 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. Page 7 of 11 •: 15. 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. 16. PACIFIC GAS AND ELECTRIC/ AT &T It is further agreed that the DEVELOPER shall pay to Pacific Gas and Electric Company and /or to AT &T, any and all fees required for installation of overhead and /or underground wiring circuits to all electroliers within said property and any and all fees required for undergrounding as provided in Ordinance No. 331 of CITY when the DEVELOPER is notified by either the City Engineer or Pacific Gas and Electric Company and /or AT &T that said fees are due and payable. 17. 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/her 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. 18. HOLD HARMLESS It is further agreed that, commencing with the performance of the Work by the DEVELOPER or his/her 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 Ioss, cost, expense, damage or liability, or claim thereof, occasioned by or in any way 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 to the extent any of the foregoing is caused by the negligence or willful misconduct of the CITY or the CITY'S agents, employees and independent contractors. 19. 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 Page 8 of 11 •• 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 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 should be Best's Guide Rating of A, Class VII or better or that is acceptable to the CITY. A. Each of said policies of insurance shall provide coverage in the following minimum amounts: for general liability for bodily injury, personal injury and property damage $1,000,000 each occurrence, with an aggregate limit of not less than $2,000,000. 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 of policies of Insurance. C. In the event that the Project covered herein should be mutually situated in or affect the area of jurisdiction of a separate municipality or political subdivision of the State of 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. D. DEVELOPER to use City supplied forms for proof of insurance and endorsements to policy as specified above. 20. 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. Page 9of11 70 C. A scan in raster format of all executed improvement plans and map. D. One (1) %2 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. If costs exceed the amount deposited the DEVELOPER is required to pay actual overage prior to return of original plans. Page 10 of I I 71 21. 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: Approved as to form: City Attorney Mayor City Clerk DEVELOPER: Attach Notary acknowledgement Page 11 of 11 Lillian Chou 72 r. Q LLJ 0 0 a O p CD O NOTES: -ALL DWENSIONS ARE IN FEET AND DECIMALS THEREOF, LEGEND ... °� BOUNDARY LINE NEW LOT LINE OTHER LOTS - -- CENTER LINE - — ---- W--- — rv-- — — -- ---- — — -- -- DIMENSION LINE I P.O.B. POINT OF BEGINNING :�:D W N 90'00'0 W 100.15' 95.15' �..�.�.�... .�. �.. �• F5. OQ LsJ C� 1 < C CD I° STREET DEDICATION ° O 25D SQFT 4 � . C] 6 C] Q © (n Z Z -� P.O.B. Lu _ _95. _ 5.00 U S 90'00'00" E _ 100.15 20.00' d- co x ca I SAN FERNANDO AVE, z CENTER L INE GRAPHIC SCALE .mil a., •o k E � 73 PLAT MAP FOR STREET DEDICATION 10207 ORANGE AVE CUPERTINO, CA APN: 357 -15 -036 EXHIBIT A PLAT MAP FOR STREET DEDICATION REAL PROPERTY IN THE CITY OF CUPERTINO, COUNTY OF SANTA CLARA, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS: PORTION OF SECTION 113, AS SHOWN UPON THAT CERTAIN MAP ENTITLED, "MAP OF SUBDIVISION A MONTE VISTA ", WHICH MAP W FILED FOR RECORD IN THE OFFICE OF THE RECORDER OF THE COUNTY OF SANTA CLARA, STATE OF CALIFORNIA, ON APRIL 11, 1917 IN BOOK "P" OF MAPS AT PAGE 20, AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A POINT IN THE WESTERLY LINE OF ORANGE AVENUE DISTANT THEREON NORTHERLY 168.42 FEET FROM THE INTERSECTION OF SAID LINE OF ORANGE AVENUE WITH THE CENTER LINE OF SAN FERNANDO AVENUE; THENCE ALONG SAID LINE OF ORANGE AVENUE, NORTHERLY 50 FEET; THENCE WESTERLY AND PARALLEL WITH THE CENTER LINE OF SAN FERNANDO AVENUE, 5.00 FEET; THENCE SOUTHERLY AND PARALLEL WITH SAID LINE OF ORANGE AVENUE 50FEET; THENCE EASTERLY AND PARALLEL WITH SAID LINE OF SAN FERNANDO AVENUE 5.00 FEET TO THE POINT OF BEGINNING. CONTAINING 250 SQFT, MORE OR LESS. APN: 357 - 15036 ` \f�i\ No, (,/ 6 ?414"Y2 ..3'.1: Ll OF 74.. State of California County of 50" � aa'\ c On: - 1 before me, A 4 � A t` C-5 e L? � personally I?pea.red , W 4 c--- kf-i —)1 0/foo.- , who proved to me on the basis of satisfactory evidence to be the:persoll(s) whose name(s ).alp laze subscribed to the within ilsstruiizea and acicuow-ledged. to me that .mac /fhey executed the: same in: hig�4er/their autborized . capacity(ies), and that by in' st��i neta rile person( or the eat ty 1pon be}lalf of which the pei soi>(s) acted, ;executed the i stiutiiim'. I certify under PENALTY OF PERJURY under the, laws of the State of Califomia. that the foregoing parag raph is true and col3recl_, ARCELR ANIT ESTOESTA WI CS d and official ;weal. comm #t s89247 � ° Nofary Public California e Santa Cla►a County � ` M Comm. Expires Jun. 30, 2014 Sit ntttiii'e of Notsry }'utalio T l (Notary &eal) ADDITIONAL OPTIONAL. INFORMATION INSTRUCTIONS FOIL COMPLETING THIS. FOR IA DESCRIPTION OF THE AT'I'AcnEb DOCUMENT (Title ordescriJitiou.af attached .ocunzent) (Title or deseriptioti of attuctred documcnt'conffilued) Nluaiher of Rages Docurnelit Dais; (Additional in,forumtion) Any aek?imMdkment 1(Wq aL--d in t ilffornla 1lmv mnfaia veebiage avazt1)' as appears above hr the.natary ectton or # separate aebrorrlcdgmeal fiw?n rmrsl be properly completed and attached to that document The orrFj exception is rf a dbcuMent is to be recorded ozrlside of'C4lifornia, In such ns tances ; aft }' alternalive a lalb54ledgrnerrt vdrbiiig : as i3 ' be pirated on such a docum so lang, as the ver'blage ddes not Yel�lr' tlfe- notary lo. do ti�riwhing Owl is We al fir a noto ya Err 0040'nlo 0 e. cv .46 nrg the aurborked c:apac > y of tjre:sfgrrelq. Please check the dacunien- carfTlyfot nr•o1?er npiarirrl ding ah't7,trttrtch tlzts furor i/ r erffiir e l: CATA.CITY CLAIMED BY THE SIGNER Irkdividuifl (s) Corporate Officer. (Title) © Partner(s) ❑ Attomey- iii -Fact ❑ Trustee(s) . 0 other o State and County: informatioli. must he:the State and Countywhere'tllc document signer(s);`persotrally appemr_d:betbr@ the.notury public for aeknowledpenL o Date of:nolarization must hablo personally appeared which must also-be tho same date the ackm w ledgmoz i is completed. s The notary public Inug prii t his or: her name; as it appears withiii his Im her conunissi n. followed. by a.comina at d:theu - your -title:(notarypubk)- Hut t1le natuc(s):,of docittiient signcr(s) who personally appear at the tinie of notarization. a Indicnle the correct singular or plural: tbrms by crossing orf incorrect Eomis (i.e. lialshell p�- is lefo) or circliug the corrcatform.s: Faihtrc to cvrreeily ht)6cote this o The notary seal Impression must bo clear q0 phgtegrapNeally roproducible, Inipression must lq cover text or Bites, If seal ililaression smudges, rc -scal if. a suf�cieiiF area pc€mits, ollrcrwisc eQn�plct a di [T'ej�nt.aciaro�i'1ed�nieuE farm: a Siguature of thc'uotaty public must blotch Aw signatu e on file with the office of Additionol. fiArinatiou is not required but could help to ensure this aeknowledgmen€ is':not misused or attached to a differad doomilent, litdieatc title or type of attached document, nuitb.ur of pulls jud date: lndicatc the capac'jty claimed by the s €goer. If the claiiiied capacity is a corporate officer, indicato the title 0.0'C1 O C171O, Seeretary), � �ecurcly attach this °document to the sigsscd dgcurr€eirt 200g Vcrsiozi CAPA vl2,10} 07800.-873- t mrNv:NotaryClasscs:eom 75 N N N N N N 00 N 10175 Z �_�_�_�_ 10181 L U N N O Q NNNN 10185 N N LOMITA C/) O O o ° m ° ° O 10130 L O _rn _rn 0 H E R M O SA 10136 10141 10140 10135 10120 10141 10121 N Co o v rn N N N N m vo. 10135 N N O O N N 1 31 N N N O O 10130 10276 N N N 1 D O o 00 21825 10217 10284 0 0 ��/ 0) 0) 10155 1014 0 00 00 21835 L 0351 O rn O � �Q" 21815 0 00 N LO N N N N LO N 0 O O N 00 N _m N CV rn rn rn 00 10151 N 00 N _O N _0 N _W N 218 ° m 22168 N N (0 (0 CO o 21845 21805 00 SAN m 10165 N N N M 0) N N co o N Lb uJ N 0) N O O ^ CO CO N M ITA N N N N N N 00 N 10175 Z �_�_�_�_ 10181 L U N N O Q NNNN 10185 N N LOMITA C/) ALMADEN N O O o ° m ° ° O O ° o O _rn _rn 0 O LO o 0 00 N Co m 00 N 00 N N N N N N N N N N N N N 1 31 N N _� N N 10276 N 1 D 10207 21825 10217 10284 0 0 ��/ 0) 0) 00 C-4 00 00 21835 L 0351 O rn O � �Q" 21815 0 00 N LO L N LO N 0 O O N 00 N _m N CV N O N N 00 N _O N _0 N _W N 218 22198 22168 N 10320 21845 21805 SAN FERNANDO 10330 m N ALMADEN N p V O 0 O O O W In O_ O O O O 21800 o O 0) N 0 00 �_ Cn m 00 N 00 00 N N N N CO- N N N N N N 1 31 N N _� N N 10276 10207 10284 10261 0) 0) 00 00 00 N L 0351 O rn O r- U N N 00 N 00 o N o N 00 N CV N (V N N 00 N N N 218 22198 22168 10320 N SAN FERNANDO 10330 HLU O O 0 ° rn o 10381 O N N N N N N O � 0 M 10411 0 N Cn N N N 10190 o 0 O O N O_ O 1 315 L� -! O rn 0 o °° U) o 0 10205 325 N N 21736 N N N N O N N N 10326 CO- o N 21744 21738 1 31 N N _� N N 10276 21742 10284 0 0) 21740 0) 00 00 00 N L 0351 21730 N N 10300 HLU O O 0 ° rn o 10381 O N N N N N N O � 0 M 10411 0 N Cn N N N 10190 0 O m ro 10206 N 10195 10208 21750 10201 10210 10216 10217 10205 10218 10228 N N 21736 N 10232 10238 0221'10225 m � O � 00 N CO O o CO- o N 21744 21738 O CO N N _� N N 10276 OLIVE 10291 10353 10355 10261 0271 10357 10361 10382 O O N 00 O C LO o m o o M 10394 `� N N N 10405 � Subject: Improvement Agreement, Jin Feng Chou and Lillian Chou, 102C 10260 m ro 10206 10195 10208 21750 � 10216 10217 10268 10232 N N 21736 N In m � O � CO- C\1 N _ 21744 21738 O CO _� N N 10276 21742 10284 21740 10292 21730 10300 00 o o _ CV N 10310 Lo 22198 22168 10320 N 10330 m uJ 10340 N 22138 N Z 10350 m co co O 10360 N N N N N N AR 10291 10353 10355 10261 0271 10357 10361 10382 O O N 00 O C LO o m o o M 10394 `� N N N 10405 � Subject: Improvement Agreement, Jin Feng Chou and Lillian Chou, 102C J Q w a a 10206 10195 10208 10205 10216 10217 10232 1022310221 m � O � C\1 N _ cr _� N N J Q w a RESOLUTION NO. 1I- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO AUTHORIZING EXECUTION OF AN IMPROVEMENT AGREEMENT BETWEEN THE CITY AND DEVELOPER, VIJAY KUMAR ERANTI, 22641 ALCALDE ROAD, APN 342 -29 -036 WHEREAS, there has been presented to the City Council a proposed improvement agreement between the City of Cupertino and Developer, Vijay Kumar Eranti, for the installation of certain municipal improvements at 22641 Alcalde Road, 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 7th day of June, 2011, by the following vote: Vote Members of the City Council AYES: NOES: ABSENT: ABSTAIN: ATTEST: am - slum Kimberly Smith, City Clerk Gilbert Wong, Mayor, City of Cupertino 77 Resolution No. 11- Page 2 DEVELOPER: LOCATION: EXHIBIT "A" SCHEDULE OF BOND, FEES, AND DEPOSITS VIJAY KUMAR ERANTI 22641 ALCALDE ROAD, APN 342 -29 -036 PART A Faithful Performance Bond: $ 6,270.00 1102211 PART B Labor and Material Bond: $ 6,270.00 1102211 PART C. Checking and Inspection Fee: $ 2,468.00 1104538 PART D. Development Maintenance Deposit: $ 1,000.00 1102211 PART E. Storm Drainage Fee — Basin 2 $ 243.75 2154072 PART F. Street Light - One -Year Power Cost: N/A 1104537 PART G. Map Checking Fee: N/A 1104539 PART H. Park Fee - ZONE II N/A 2804082 PART I. Reimbursement Fee: N/A IMPROVEMENT AGREEMENT 22641 ALCALDE ROAD APN: 342-29 -036 This AGREEMENT made and entered into this 2 5 d day of 2011, by and between the CITY OF CUPERTINO, a municipal corporation of the State of California, hereinafter designated as CITY, and Viiay Kumar Eranti, a married man as his sole and separate P roperty, 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 LC Engineering, 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". 79 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: Page 2 of 11 80 $6,270.00 $6,270.00 $2,468.00 $1,000.00 $243.75 NIA NIA NIA SCHEDULE OF BONDS, FEES, AND DEPOSITS Street Improvement Category: PART A. Faithful Performance Bond: 110 -2211 PART B. Labor and Material Bond: . 110 -2211 PART C. Checking and Inspection Fee: 110 -4538 PART D. Development Maintenance Deposit: 110 -2211 PART E. Storm Drainage Fee — Basin 2 215 -4072 PART F. Street Light — One -Year Power Cost: 110 -4537 PART G. Map Checking Fee: 110 -4539 PART H. Park Fee: Zone II 280 -4082 PART 1. Reimbursement Fee Page 2 of 11 80 $6,270.00 $6,270.00 $2,468.00 $1,000.00 $243.75 NIA NIA NIA NOW, THEREFORE, IT IS HEREBY MUTUALLY AGREED by and between the parties hereto as follows, TO WIT: DEDICATION A. 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. B. 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. ii. A standard policy of title insurance issued by a title insurance company and insuring the CITY in the sum of NIA and which shall show said property free and clear of all liens or encumbrances except those as the CITY shall expressly waive in writing; said policy shall be furnished at the time of acceptance of dedication and recordation of deed. C. Upon the condition precedent that the 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 in whatever manner the CITY shall decide. In the event the CITY completes the Work, the CITY may recover any and all costs incurred thereby from the DEVELOPER or the DEVELOPER'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. 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 Page 3 of 11 Work shall be done in accordance with existing ordinances and resolutions of the CITY and in accordance with all plans, specifications, and standards 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 plans, specifications, and standards 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. D. . 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. E. , 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/her 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 him /her 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 /her full and faithful performance of this AGREEMENT. The penal sum of said faithful performance 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 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 to faithfully 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. Page 4of11 0 S. In lieu of a surety bond, the DEVELOPER may elect to secure this AGREEMENT by depositing with the CITY: i. Cash; or, ii. A cashier's check, or a certified check payable to the order of the City of Cupertino; or, iii. 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 to faithfully 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. Schedule for bond and insurance release for paper bonds are as follows: i. Release of 90 percent of the faithful performance bond upon acceptance by City Council. ii. 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. iii. 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. iv. 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. 5. 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 Q. 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. Page 5 of I 1 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. The deposit may be used at the discretion of the City to correct deficiencies and conditions caused by the DEVELOPER or his/her contractor that may arise during or after the construction of the development. The deposit shall also be used for copies of approved plans for the CITY's files. If the cost exceeds the amount deposited the DEVELOPER is required to pay actual overage prior to return of original plans. Any unexpended amount will be returned to the DEVELOPER at the time all bonds are released in accordance with paragraph 4 of this agreement. 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: STREET LIGHT - 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 F), which amount represents the power cost for street lights for one year. 9. 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 12104161) of CITY, the amount as set forth herein at Page 2 (Part G). 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 shall be selected from the CITY approved list. 11. PARK 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 herein at, Page 2 (Part H). 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. Page 6 of l 1 ., 12. REIMBURSEMENT FEE It is further agreed that the DEVELOPER shall deposit with the CITY, prior to execution of this AGREEMENT, a reimbursement fee for the street improvements that have been installed by the City, or by another property owner. Developer shall pay the City for the cost of the land at the cost to the City, or another property owner, and shall pay a street improvement reimbursement charge for the improvements which the City or another property owner, installed on the street abutting or included in the benefited property, in an amount equal to the total improvement costs for each particular benefited property as set forth in a reimbursement agreement, in the amount as set forth herein at Page 2 (Part 1). Payments for both land and improvements shall include simple interest in the amount of seven percent per year, to be calculated in the following manner: A. Land Cost. Interest to accrue from the date the street improvements are accepted by the City to the date the street improvements reimbursement charge is paid, or if the land is purchased by the City for a City project, from the date of purchase to the date the charge is paid. B. Improvement Cost. Interest to accrue from the date the street improvements are accepted by the City to the date the street improvement reimbursement charge is paid, or if installed by the City, from the date installation commenced to the date the charge is paid. C. Provided, however, that the interest shall be waived if the adjoining property owner dedicates or has dedicated to the City land necessary for the street improvements, or where no such dedication is necessary. 13. 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. 14. 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. Page 7 of 11 15. 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. 16. PACIFIC GAS AND ELECTRIC/ AT &T It is further agreed that the DEVELOPER shall pay to Pacific Gas and Electric Company and /or to AT &T, any and all fees required for installation of overhead and /or underground wiring circuits to all electroliers within said property and any and all fees required for undergrounding as provided in Ordinance No. 331 of CITY when the DEVELOPER is notified by either the City Engineer or Pacific Gas and Electric Company and /or AT &T that said fees are due and payable. 17. 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 /her 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. 18. HOLD HARMLESS It is further agreed that, commencing with the performance of the Work by the DEVELOPER or his /her 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 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 to the extent any of the foregoing is caused by the negligence or willful misconduct of the CITY or the CITY'S agents, employees and independent contractors. 19. 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 Page 8 of 11 :• 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 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 should be Best's Guide Rating of A, Class VII or better or that is acceptable to the CITY. A. Each of said policies of insurance shall provide coverage in the following minimum amounts: for general liability for bodily injury, personal injury and property damage $1,000,000 each occurrence, with an aggregate limit of not less than $2,000,000. 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 of policies of Insurance. C. In the event that the Project covered herein should be mutually situated in or affect the area of jurisdiction of a separate municipality or political subdivision of the State of 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. D. DEVELOPER to use City supplied forms for proof of insurance and endorsements to policy as specified above. 20. 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. Page 9 of 11 C. A scan in raster format of all executed improvement plans and map. D. One (1) %z 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. If costs exceed the amount deposited the DEVELOPER is required to pay actual overage prior to return of original plans. Page 10 of 11 21. 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: Approved as to form: City Attorney Attach Notary acknowledgement Page 11 of 11 Mayor City Clerk DEVELOPER: Vijay Kumk Eranti :• 0. e : State o 0difornia couatyot i ? . bo l before me, AV who proved to me on the. basis of satisfactory evidence to b(11- the . person() whose subscrib t o the within " aramout and ace nl; wledged'to the that`he /shelfty executed the same in his/her /their authorized. pae ty Ies and that. by lhertthelr signat uc, ( on. tiie :in�s� eat th p. so�(s , or t i e to y . pc behaii i which the person(s) feted, eXeeuted the iatru�, I cord y under PENALTY :UF PERJURY under the laws of the Mate of Ca ifornia that the foregoing paragraph is true arld correct. R. C. :3 #111t11$SiDrl # 1 (1 o i 67 WITNESS my hand and of tcial:seal.. lklot�ty Public - California 2 ,i San t'Rileo County Sigt'o €i�lotary Ralzlic (i�Iotary Seal) DESCRIPTION OF THE ATFACHLD DOCUMENT (Titid D1t desrxiptioh of a rd doctors 0 (Title cit �escriptic?ii'ofattsclizd docrtiiSeut co�iirued) Ntmtber of Pages Document Date (AcTditipnal information) CAPACITY MAIWD'By THE S IGNER CJ IxtdiyitIul;t,(si C Cojrp9nite Officer (Title o Attokngy Fap ; n Other INSTRUCTIONS F09,0 }MPLETING THIS FORM gtty dckrroi9led�tr irf` compked to Cahfarnia pmt tvrioi; w, tage ezaciiy s appece3x ulrrrye in Tk 'rrvtrr� secfion or a separate acknou_�Iir'cl metff frnrtr tsiusf se pa�perly, cQnrpl� tad t14 attached lq ''fit ducussterrt. ?Ifio nrrly axcapirnrr is . n clotsutnow is ro be r e nrded outside Crf Cal oriv?a ]k web inst new wry' alflern ttiv acknongea'gn,ent verbiage Os Wbp & pth;ted ztsr such a document 'roI rrrg w Ae t+et bilge-daes szrrY a eguit he rrWWT its tlo sriz kiking That is UkO far a n�dgrV Fi t 'ql ffartrrra ( e retlifytng the- uutl3arfaed ca�sacify of fRe srgzrer} ) lka s aheak Me. x(n �nentr4tr�frlfjfprPr pei rrtatrrrtplwar�' iflerr,Oqtirrclr1lrfsr,fonnVr°egurred, * 9tate aud'Coimty iu€omfatioh Irtust We ttre Sate and C6vnty whom' ft docnment signe (s) ISGrsonally, a se?r before the, no tsiy pubTjq I f'nr:aekoo vladgmont. * D6- of':a0adzetion m4st.be the date. that:fbe:signor(s) gersnnal(y alveartd Whiol ttmst also be the samb clads "ackTi6wlwg is eomplcte l: ® The ndky p4ril rnt£at priut,his or I cr ghme :as it appears within Ws nr her . c© min palm li pllewerl by» ct'6.ha and - then your tido,(nntarypAbl c). Print die mam(s) of document sigher(s) who pendnally. appear, t the t ilte of natarizatioht o Ittdicage file gorr c# singular or plural Jl nns by, Cr Wag off gncarrect rorms'(he, lsbis lava.) or circfixsg ttre sux Of forms. Failttz4 to casrtcily'indserito thi iitfcuttrstian irwy lead to rgjectiott of"Jfturt un rexxot&ig. * '.Mo.hoiagj' scab unpres an rtrrist be clear -anti photy phWally' repw6ciblo. Irrtpressinn rrrusE not eowr uxt or lines, ifrseal itngressiars smndgcs,: rc -sgftl if, a st3 cientarea'pgr�irils,eothox' isr,edmpIow girtnclsse�vleilgtnrtrt:Parrtl Stgrra€itrs of t[tc rtotarjr piihlic'inust tisaEch tttc l mature ow file Wi% the bffice.o€ fhe counly.11114k; °s Additio .Infarr bout is wt..rpoked but mold help to ensura E_lris acknowlgdzmcnt is' not niisusod or attaclicd'Yc3'a dillcrertt`ilucpmanL Tndioste title or type of attatIrt d daeutnent;;nuttiber.af pagea:aiul' ate. •. hidicato tile capacity elaiitreii'by dire sir & If the ofalu cd capacity.is.a corpti?ate;a £freer, irgdicaie the (itle (l.e.. CEO, t -VO, 5ec *aty }. �equs�ely:�tnaclt litis:sloeixmcnt tl� signed dttetirnent 200$ Version 0A.P.A x12,IQ 07 RQ- 873 -065 WWsv gotary. 044es.coW 90 EXHIBIT "A" LEGAL DESCRIPTION 10' WIDE RIGHT -OF -WAY DEDICATION ALL THAT CERTAIN REAL PROPERTY SITUATE IN THE CITY OF CUPERTINO, COUNTY OF SANTA CLARA, STATE OF GALIFORNIA, DESCRIBED AS FOLLOWS: BEING A PORTION OF LOT 5, AS DESIGNATED AND DELINEATED UPON TRACT NO. 1757 ENTITLED "BEING A PORTION OF THE SAN ANTONIO RANCHO," AND WHICH SAID MAP WAS FILED FOR RECORD IN THE OFFICE OF THE RECORDER OF THE COUNTY OF SANTA CLARA, STATE OF CALIFORNIA, ON SEPTEMBER 6, 1956, IN BOOK 71 OF MAPS, PAGE 46, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE MOST SOUTHWESTERLY CORNER OF LOT 5, AS SHOWN ON SAID TRACT MAP, ALSO LYING ON THE NORTHERLY RIGHT -OF -WAY LINE OF ALCALDE ROAD; THENCE, ALONG THE MOST SOUTHERLY LINE OF SAID LOT 5 AND SAID RIGHT -OF -WAY LINE, NORTH 69 °37'00" WEST, 98.00 FEET TO THE MOST SOUTHEASTERLY CORNER OF SAID LOT 5; THENCE, ALONG THE MOST EASTERLY LINE OF SAID LOT 5 NORTH 00 EAST, 10.00 FEET; THENCE, ACROSS SAID LOT 5 SOUTH 89 °37" WEST 98,00 FEET TO A POINT THE MOST WESTERLY LINE OF LOT 5; THENCE, ALONG SAID MOST WESTERLY LINE OF SAID LOT 5, SOUTH 00 °23 - 00" WEST, 10 FEET TO THE POINT OF BEGINNING. CONTAINING 980 SQUARE FEET MORE OR LESS. PREPARED ON APRIL 08, 2011 BY LC ENGINEERING. r Om H. I r L c No. 6438 Exp. 12/31 /2012 * �� Or rnl_1�� TOM H. MILO LS NO. 6438 EXPIRATION DATE 1213112011 BASIS OF BEARINGS - THE CENTERLINE OF ALCALDE ROAD, AS SHOWN ON TRACT NO. 1757, RECORDED IN BOOK 71 OF MAPS, PAGE 46, SANTA CLARA COUNTY RECORDS, WAS TAKEN AS N89 °37'00 "W. LC ENGINEERING 1291 Oakland Road, San Jose, CA 95112 Phone: (408) 806 -7187, Fox (408) 583 - 4006 91'' 58937'00 "E 47.00' 0 n ai N O CA O O TRACT 1757 "BEING A PORTION OF THE LOT 6 g SAN ANTONIO RANCHO" ° LOT 5 ° 10' S89 37'00 "E 98.00' S00'23'00 "W i//// 10.00' A) i POB N8937'00 "W 98,00' 0 N -_ — ALCALDE ROAD ��o N89'37'00'•W � - - -- � - - ---- -- - �,� am H. a N � No. 6438 Exp. 12/31/2012 LEGEND Sc .ABBREVIATIONS POB POINT OF BEGINNING Cr �F � �`�� PIKE PUBLIC UTILITY EASEMENT — -- CENTERLINE PROPERTY LINE I I I I I I i I I O I I O N ° LOT 4 I I� I� I� 1 I 10' PUE N00 23'00 "E 10.00' EXHIBIT "B" FOR 10' WIDE ROADWAY DEDICATION AMR J . N GI NEE P I NG 22641 ALCALDE ROAD 1291 Oakland Road -- Son Jose, CA 95112 Phone: (408) 806 - --7187 Cupertino California Fax: 4 ©a 583 -4006 SCALE 1' _ 20 L=O4/O6/11 D"M. NAME: PROJECT NO, I SHEET 1 OF 1. 92 N 10381 N N 0 N N 10380 N 10387 Q 10382 10385 _ W 10398 10401 10397 10398 10399 Z N LO Q 10417 10414 10413 10412 10413 W 0 10430 10431 O MARIANIST O CO N N CO CO ;I- Y 10444 0 0 0 0 0 ��OR O 10445 O �O J 70V96 10459 10458 7 , 10473 10472 0 0 0 0 0 0 ,O�,� ps 10487 0 , 10488 ,. .. N N LLO N M 0 LO LO W W N 0 N N N N N N N N N N N N J LCALDE� O 22650 N m m ❑ 0501 N 10530 N y o N 10505 �LS 22632 10535 10532 N 10540 0 LO N S 10534 N 10515 N 7 -0, r 10555 10531 OJP 10554 10580 10551 O �Q 10546 10535 CJ 10566 Q 10575 10566 ° 10583 U 10570 10585 10571 10564 C) 10556 --J 10595 Z Ln 10582 Q 2s N 2 2 S Q 10593 10591 10576 0596 10586 CO 10584 O' 2255 10594 w ;KIN T 10588 10598 10605 10620 10616 22560 O 10611 10590 10600 10625 10614 L OGO ti�� N 10615 L ro c N 10620 10629 10636 10632 10630 10634 10627 10625 O 10631 10631 Z 1.0638 10642 10650 10638 O Z Su bject: • • Agreement • •' Road N 10635 ■ RESOLUTION NO. 1I- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO ACCEPTING QUITCLAIM DEED AND AUTHORIZATION FOR UNDERGROUND WATER RIGHTS, JIN FENG CHOU AND LILLIAN CHOU, 10207 ORANGE AVENUE, APN 357 -15 -036 WHEREAS, Jin Feng Chou and Lillian Chou., 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 regular meeting of the City Council of the City of Cupertino this 7th day of June, 2011, by the following vote: Vote Members of the City Council AYES: NOES: ABSENT: ABSTAIN: ATTEST: am - slum Kimberly Smith, City Clerk Gilbert Wong, Mayor, City of Cupertino ., QUITCLAIM DEED AND AUTHORIZATION FOR UNDERGROUND WATER RIGHTS APN 357 -15 -036 10207 Orange Avenue Cupertino, CA 95014 i An Feug Chou an Lillian Chou, Trustees of the Jin and Lill'a ® Chou Trust hereinafter referred to as the "GRANTOR ", this ' day of j I , 2011, hereby grants, bargains, assigns, conveys, remises, releases and forever quitclaims unto the CITY OF CUPERTINO, a municipal corporation, hereinafter referred to as the "GRANTEE ", its successors and assigns, all the rights, titles, interests, estates, claims and demands, both at law and in equity, and as well in possession as in expectancy of the GRANTOR as owner of that certain real property situate in the County of Santa Clara, State of California, and specifically described as follows: SEE ATTACHED EXHIBIT "A" to pump, take or otherwise extract water from the underground basin or any underground strata in the Santa Clara Valley for beneficial use upon the lands overlying said underground basin. , and GRANTOR hereby irrevocably authorized GRANTEE, its successors and assigns, on behalf of the GRANTOR and its successors in ownership of overlying lands in the said lot to take from said underground basin within the said lot any and all water which the owner or owners of said overlying lands may be entitled to take for beneficial use on said lands and to supply such water to such owner or owners or others as a public utility; provided, however, that nothing contained in this instrument shall be deemed to authorize GRANTEE to enter upon any of the lot delineated upon the above described legal description or to authorize GRANTEE to make any withdrawal of water which will result in damage to any building or structure erected upon said lot. This assignment, conveyance and authorization is made for the benefit lot within the above described legal description and shall bind the owner of said lot within said legal description. 95 IN WITNESS WHEREOF, GRANTOR has executed this instrument the day and year first above written. OWNERS: Jin F Lillian Chou (Acknowledgment and Notarial Seal Attached) M LEGAL. DESCRIPTXON Real properly In the City of Cupertino, County of Santa Clara, State of California, described as follows: PORTION OF SECTION 113, AS SHOWN UPON THAT CERTAIN MAP ENTITLED, "MAP OF SUBDIVISION A MONTE VISTA ", WHICH MAP WAS FILED FOR RECORD IN THE OFFICE OF THE RECORDER OF THE COUNTY OF SANTA CLARA, STATE OF CALIFORNIA, ON APRIL 11, 1917 IN BOOK "P" OF MAPS AT PAGE 20, AND MORE PARTICULARLY DESCRIBED AS FOLLOWS; BEGINNING AT A POINT IN THE WESTERLY LINE OF ORANGE AVENUE DISTANT THEREON NORTHERLY 168.42 FEET FROM THE INTERSECTION OF SAID LINE OF ORANGE AVENUE WITH THE CENTER LINE OF SAN FERNANDO AVENUE; THENCE ALONG SAID LINE OF ORANGE AVENUE, NORTHERLY 50 FEET; THENCE WESTERLY AND PARALLEL WITH THE CENTER LINE OF SAN FERNANDO AVENUE, 100.15 FEET; THENCE SOUTHERLY AND PARALLEL WITH SAID LINE OF ORANGE AVENUE 50 FEET; THENCE EASTERLY AND PARALLEL WITH SAID LINE OF SAN FERNANDO AVENUE 100.15 FEET TO THE POINT OF BEGINNING. APN; 357 -15- 036 -00 97 . CALIFORNIA, ALL.. PURPOSE CERTI ACKNOWLE State of California County Of on 1 Ao �� 1 �� T beorc me, (Were: insert name and titleof personall appeared Xr� �� . Lttw A`hj 011i`0 I/(_ , who proved to rile on the basis of satisfactory evideltce to be the .person() whoso Danle(s� /are subscribed to the within instrument anti. a.cknoWledged.:to the that iiey executed the sable Mi .I eir authorized capacity(ies), and thatby l ail Itliei signaturew: on, the i tt�u�ont` =the pe�son�s�, or Elie entity upon behalf of whreli: the per t 1�(s) acted, executed .the instrument, I Certify under PENALTY OFTERJURY under the laws of the State of California that the foregoing paragraph is ti and con-ect. ARCELIA ANIT ESTUESTA , Ily Ilcli7d an Of eial seal. a COMM. #1859247 z a s Notary P - California O Santa Clara County �, Comm. E Tres Jun. 10, m - (tdotaay Seal) Sigmaturc of htotary Public ADDITIONAL OPTIONAL INFO"WION DESCRIPTIC)N 'OF THE A'I``I`ACHED'DOCUIVIENT iilc.or desGtl]).tlop of a€tac cd do..atrtzteszt). (Tide or deco iptioh of auacfred doolMont Continued) Nutriber of Pages D000metit Date r . (Additional inform4ion) CAPAC/'Y CLAIMED BY THE SIGNER Individual (s) r Corporate Officer (Title) • Par nerN • Attorney -in -Fact ❑ Tnistee.(s) ❑ Other INSTRUCTIONS: FOR:_ COMPLETING THIS FORM A ny achlioiikdgnrent carrtpiemd. in 07jlorniri must carnally ver'bwge ea'ood y as appears above in tfie::rrotpry secttotr Qr 0 separate acknou'ledgnrerrt form. rrrr?st be properly completer) and'attached to that doonnent. 7We oO)r exceptioo is . f a document is f6 be mcarded awside nf'Galrf�rvtia. Lis ,arch histmrcea', irrij3 alleiriatiire achrr"*dgment t0•b }a�>e as way be pr bated ort sdi-h a doenthent s6 long as:'the verbiage does riotivgWre: the - nolaijo to rlo sorrielldlig theil'is 11regai1 fora notary in Cal fomia (4.0. cetYiljtrng the .gtWwized.ccrpacily of the signer ): Please check the r baurnenr.eat fg71 br Ot riper nlrlur7rtl [t. t rfirag aitd altaclr this- fot f r-2yu red.. State' and :Catunty iniormatinit must be the $fate and Couaity where ttie dociiineiit siguer($)_porsonilly appearbd before the_noWy public for aekriowledginent s Date,o € <ngtanzation mu5tbe the dutc.tEaE tftG:sigiicr(s) personally aypeared.t�vhich jnnRta] sa:'. Fiethossincdsitu tticaokriow3edlnsetff `is:cbtnpleteil: - a The aio ary public must print his or parne:as it aplicars tiitfiih his or her co )miss gn faltowed by a.ecr a and that your title (pofary public).. m Hut the. oame(s of dacunieaat sigiaer($) tvlio personally..appear at [fie tbno of notarization. a Indienle rho correct singular or plural. form by crossing off inco - ect (otms,(i.e. /sftc/thcsy is /ate:} or circling the c.oirectform.s. Faitureto gprrecily indicate this infort n6o may lead to r jcctkm ofdocuunentrecording. s The wbry sear impressfori - anust be clear and_ photogcalilucalty €C[1Yudttcalilc, Impression must net : cover':text or lilies 1f seal. impression smudges, re -seal if a sufftcientarm petm Gs, othertivise con, a different acknoivicdgmcnt: form; - a sighattirc: of the notary. public muse match the signature on Pile.vith the office of th 6un cle& '. Additionai- infornatntion is not required but could help to ensure this ackoolyledgmcm is` not - hlsuscd or attached to a different docummi. Indicate title or typc:of attached doeurnent, number of pages and date. 4 Itidiote the capacity ctai'nldd`by [hG �iguor, If (lie: clalbled capacity is a corporate; officer Indicate the title (i.o, CPO, C170 secretary): p Securely attach. this ;docurnaoi11 it) the:signcc[ dowment 20.0$ 'Vers €oat GAPA v12 16.07 800 -874 -9865 4ris�V l totaryClassos:coin 98 N N N N N N co N 10175 Z �_�_�_�_ 10181 L U N N O Q NNNN 10185 N N Q LOMITA C/) o O O o o m ° ° ''Co 10130 L O _rn _rn 0 H E R M O SA 10136 10141 10140 10135 10120 10141 10121 �_ co o v rn N N N N o vo. 10135 N N O O N N 1 31 N N N 0 O 10130 10276 N N N 1 D 0 Cb 00 21825 10217 10284 0 0 ��/ 0 0) 10155 1014 0 00 00 21835 L 035 1 O 0 0 � �Q" 21815 0 00 N o N N N I- N 0 0o Lo N 0 O 0 N co co N _o N CV rn rn rn O 10151 N oo N N N _W N 218 ° m 22168 N N o o o co 0 21845 21805 _o SAN m 10165 N N N M 0 N N co Cn N Lb c uJ N 0 N O 0 O ^ CO Co N m M ITA N N N N N N co N 10175 Z �_�_�_�_ 10181 L U N N O Q NNNN 10185 N N Q LOMITA C/) o O O o o m ° ° ''Co ° ° co O _rn _rn 0 O Lo m 0 00 �_ co m 00 N 00 N N N N N N N N N N N N N 1 31 N N _� N N 10276 N 1 D 10207 21825 10217 10284 0 0 ��/ 0 0) 00 N 00 00 21835 L 035 1 O 0 0 � �Q" 21815 0 00 N o o I- N 0 0o Lo N 0 O 0 N co co N _o N CV N O N N oo N N N _W N 218 22198 22168 N 10320 21845 21805 SAN FERNANDO 10330 m N ALMADEN N p V O 0 O 0 O W In O_ 0 O O O 21800 0o O 0 N 0 00 �_ co m 00 N 00 00 N N N N O N N N N N N 1 31 N N _� N N 10276 10207 10284 10261 0 0) 00 00 00 L 035 1 O 0 0 r- U N N 00 N 00 o N N 0 0o °° °° N 00 N CV N N N N oo N N N 218 22198 22168 10320 N SAN FERNANDO 10330 ALU O O 0 ° rn 0 10381 O N N N N N C-4 0 � M 10411 0 o 0 � _ N O N N N 10190 o 0 O O N O_ 0 1 315 L 0 0 0 0o 10216 U) m o 10205 325 N N 21736 N N N N O C-4 N N 10326 O 0 N 21744 21738 1 31 N N _� N N 10276 21742 10284 0 0) 21740 0) 00 00 00 L 035 1 21730 N N 10300 ALU O O 0 ° rn 0 10381 O N N N N N C-4 0 � M 10411 0 o 0 � _ N O N N N 10190 m 0 m ro 10206 N 10195 10208 21750 10201 10210 10216 10217 10205 10218 10228 N N 21736 N 10232 10238 0221'10225 m � 0 � co N CO O o m o O 0 N 21744 21738 O CO N N _� N N 10276 OLIVE 10291 10353 10355 10261 0271 10357 10361 10382 O O N co O C Lo o m o o 10394 N N o ■ m Ciihicrf• (liiifrlaim flccrl and Diifhnri�afinn fnr I Inrlcrrimiinrl VVhfcr R 10260 m ro 10206 10195 10208 21750 � 10216 10217 10268 10232 N N 21736 N In m � 0 � CO- N N _ 21744 21738 O CO _� N N 10276 21742 10284 21740 10292 21730 10300 co o o _ CV N 10310 o 22198 22168 10320 N 10330 m v c uJ 10340 N 22138 N Z 10350 m co co O 10360 N N N N N N AR 10291 10353 10355 10261 0271 10357 10361 10382 O O N co O C Lo o m o o 10394 N N o ■ m Ciihicrf• (liiifrlaim flccrl and Diifhnri�afinn fnr I Inrlcrrimiinrl VVhfcr R N N N N 10405 0 ,_ � n� 10415 J Q w a a 10206 10195 10208 10205 10216 10217 10232 1022310221 m � 0 � N N _ cr _� N N N N N N 10405 0 ,_ � n� 10415 J Q w a RESOLUTION NO. 1I- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO ACCEPTING QUITCLAIM DEED AND AUTHORIZATION FOR UNDERGROUND WATER RIGHTS, KELLY - GORDON DEVELOPMENT CORP., A CALIFORNIA CORPORATION, 10239 AMELIA COURT, APN 326 -17 -063 WHEREAS, Kelly- Gordon Development Corp., has 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 regular meeting of the City Council of the City of Cupertino this 7th day of June, 2011, by the following vote: Vote Members of the City Council AYES: NOES: ABSENT: ABSTAIN: ATTEST: am - slum Kimberly Smith, City Clerk Gilbert Wong, Mayor, City of Cupertino 100 QUITCLAIM DEED AND AUTHORIZATION FOR UNDERGROUND WATER RIGHTS APN 326 -17 -063 10239 Amelia Court Cupertino, CA 95014 Kelly- Gordon Development Corp., a California coruoration hereinafter referred to as the "GRANTOR", this 2 - day of / jl;� �j , 2011, hereby grants, bargains, assigns, conveys, remises, releases and forever quitclaims unto the CITY OF CUPERTINO, a municipal corporation, hereinafter referred to as the "GRANTEE ", its successors and assigns, all the rights, titles, interests, estates, claims and demands, both at law and in equity, and as well in possession as in expectancy of the GRANTOR as owner of that certain real property situate in the County of Santa Clara, State of California, and specifically described as follows: SEE ATTACHED EXHIBIT "A" to pump, take or otherwise extract water from the underground basin or any underground strata in the Santa Clara Valley for beneficial use upon the lands overlying said underground basin, and GRANTOR hereby irrevocably authorized GRANTEE, its successors and assigns, on behalf of the GRANTOR and its successors in ownership of overlying lands in the said lot to take from said underground basin within the said lot any and all water which the owner or owners of said overlying lands may be entitled to take for beneficial use on said lands and to supply such water to such owner or owners or others as a public utility; provided, however, that nothing contained in this instrument shall be deemed to authorize GRANTEE to enter upon any of the lot delineated upon the above described legal description or to authorize GRANTEE to make any withdrawal of water which will result in damage to any building or structure erected upon said lot. This assignment, conveyance and authorization is made for the benefit lot within the above described legal description and shall bind the owner of said lot within said legal description. 101 IN WITNESS WHEREOF, GRANTOR has executed this instrument the day and year first above written. OWNERS: Brian Kelly, President Kelly- Gordon Development Corp., a California corporation (Acknowledgment and Notarial Seal Attached) 102 State of California County of Santa Clara On 12th day of May, 2011 before me, G. Jarnagan a Notary Public, personally appeared Brian Kelly, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his /her /their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. T certify under PENALLY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS --my. nd and official seal. ° s G JARNAGAN Comm # 1854739 �J � NOTARY PU23LIC- CALIFORNIA �1 Signature.Y - -- SANTA CLARA COUNTY MY Comm, Exp. JUN. 19. 2013 � Name: G. Jar an arga'n (typed or printed) (Seal) GJlgi 103 r; N �� 1 The land referred to is situated In the County of Santa Clara, city of Cupertino, state of California, and is describers as follows: Parcel One: Lot 2 as shown on that certain Parcel Map, Lands of Kelly Gordon Development Corp., recorded November 16, 2010 irr Book 840 of Ma ps, at Pages 16-17, Santa Clara County Records. Reserving therefrom: Easements for emergency vehicle access, ingress and egress, private ingress and egress, public utilities and private storm drain, as shown on said Map for the benefit of Lot 1 of the above said Map. Parcel Two: Easements for emergency vehicle access, ingress and egress, private ingress and egress, public utilities and private storm drain, over those portions of Lot 1 as shown on the above said Map. Parcel Three: An easement for the purpose of ingress and egress over a strip of land described as follows. Beginning at an iron pipe set in the Southwesterly line of that certain 10.06 acre tract of land described in the Deed from Amasa Eaton Company, a corporation, to John A. Chub, dated August 3, 1940, recorded August 17, 1940, in Book 993 O.R. Page 591, Santa Clara County Records, distant thereon South 41 27' East'366.50 feet from the Southwest corner of said 10.06 acre tract, and running thence from said point of beginning North 1 06 West 426.61 feet to the Southeasterly corner of the Parcel of land firstly above described; thence along the Southerly line thereof North 83° 17` West 20.19 feet, thence parallel with and 20 feet Westerly at right angles from the first course of this description South 1° 08` East 324.10 feet, them running along a curve to the right with a radius of 30 feet through an angle of 139° 41' a distance of 73.14 feet to a point on the Southwesterly line of said 10.06 acre tract running thence along said Southwesterly line South 41 27` East 112.63 feet to the point of beginning. Parcel Four. A right of way for road purposes over a strip of land 20 feet in width, the Westerly line of which is described as follows: Beginning at the Northernmost corner of that certain 0.202 acre tract of land described in the Dead from W. L, Stapp, et al, to L. W, Northon, et ux, dated January 8, 1943, recorded January 15, 1943, in Book 1124 O.R. at Page 312, Santa Clara County Records; thence from Said point of beginning South 1 08' East 132.58 feet to the Southwesterly corner of said 0.202 acre tract. Page 1 of 2 104 Parcel Five: An easement for the purpose of ingress and egress over a parcel of land described as (allows: Beginning at an iron pipe W on the Southwesterly line of that certain 10.06 acre tract of land described in the deed from Amasa Eaton Company, a oDrporation, to John A. Chuk, dated August 3, 1940, and recorded August 17, 1940, in Book 993 D.R. at rage 591, Santa Clara County Records, distant thereon South 41 27` East 366.54 feet from the Southwesterly corner of said 10.06 acre tract, thence from said point of beginning running North 1 0 08` Vilest 208.04 feet to the Southwest corner of that certain 0.202 acre tract of land described in the Deed from W. L. Stapp, et al, to L. W. Northon, et ux, dated January 8, 1943, and recorded January 15, 1943, in Book 1121 ©.R. at Page 312, Sang Clara County Records; thence along the Southerly line of said 0.202 acre tract, thence South 85 00' East 20.12 feet to an iron pipe; thence running South 1 08` East 100.56 feet to an iron pipe, thence curving tangentially to the right on a curve of 70 feet radius through -an angle of Ali° 25' for an arc distance of 54.27 feet to an !ran pipe, thence South 31Q 56' East 35.79 feet to an iron pipe, thence South 10 127 West 36.89 feet to an Iron pipe on the Southwesterly line of 10.06 acre tract so described in the Deed to John A. Chuk above referred to; thence along said last named Southwesterly line North 41 27` West 16.48 feet to the point of beginning. APN: 326-17 -063 Page 2 of 2 105 E d �. o 10300 �� 10349 0 o U) Z Q 1 0 ;_2 10319 O� 10299 NIZ, VARIAN oO o 0 h^ ^ N N CO N N N O lV O 10221 - 10239 10259 10239 11 10200 10231 10201 0 10190 191 10208 1 0201 10181 1 0185 10171 Q = 10150 10160 J 10171 10170 10161 C7 Q 10154 10151 C/) n , 101 10140 0 10146 0143 10141 ` 10120 0 >> h 0133 ° ° moo LO o o �'o . CD Subject: Quitclaim 101 . _. _ _ _ Deed and Authorization for Underground Water Rights, Kelly-Gordon Development Corp., 10239 E d RESOLUTION NO. 1I- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO ACCEPTING QUITCLAIM DEED AND AUTHORIZATION FOR UNDERGROUND WATER RIGHTS, KELLY - GORDON DEVELOPMENT CORP., A CALIFORNIA CORPORATION, 10239 AINSWORTH DRIVE, APN 326 -17 -064 WHEREAS, Kelly- Gordon Development Corp., has 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 regular meeting of the City Council of the City of Cupertino this 7th day of June, 2011, by the following vote: Vote Members of the City Council AYES: NOES: ABSENT: ABSTAIN: ATTEST: am - slum Kimberly Smith, City Clerk Gilbert Wong, Mayor, City of Cupertino 107 QUITCLAIM DEED AND AUTHORIZATION FOR UNDERGROUND WATER RIGHTS APN 325 -17 -064 10239 Ainsworth Drive Cupertino, CA 95014 Kelly- Gordon Development Corp.. a California corporation hereinafter referred to as the "GRANTOR ", this day of / A! , 2011, hereby grants, bargains, assigns, conveys, remises, releases and forever quitclaims unto the CITY OF CUPERTINO, a municipal corporation, hereinafter referred to as the "GRANTEE ", its successors and assigns, all the rights, titles, interests, estates, claims and demands, both at law and in equity, and as well in possession as in expectancy of the GRANTOR as owner of that certain real property situate in the County of Santa Clara, State of California, and specifically described as follows: SEE ATTACHED EXHIBIT "A" to pump, take or otherwise extract water from the underground basin or any underground strata in the Santa Clara Valley for beneficial use upon the lands overlying said underground basin, and GRANTOR hereby irrevocably authorized GRANTEE, its successors and assigns, on behalf of the GRANTOR and its successors in ownership of overlying lands in the said lot to take from said underground basin within the said lot any and all water which the owner or owners of said overlying lands may be entitled to take for beneficial use on said lands and to supply such water to such owner or owners or others as a public utility; provided, however, that nothing contained in this instrument shall be deemed to authorize GRANTEE to enter upon any of the lot delineated upon the above described legal description or to authorize GRANTEE to make any withdrawal of water which will result in damage to any building or structure erected upon said lot. This assignment, conveyance and authorization is made for the benefit lot within the above described legal description and shall bind the owner of said lot within said legal description. 1: IN WITNESS WHEREOF, GRANTOR has executed this instrument the day and year first above written. OWNERS: Brian Kelly, President Kelly - Gordon Development Corp., a California corporation (Acknowledgment and Notarial Seal Attached) 109 State of California County of Santa Clara On 12th day of May, 2011 before me, G. Jarnagan a Notary Public, personally appeared Brian Kelly, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she /they executed the same in his/her /their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. y , G. JARNAGAN Comm, # 1'854739 NOTARY PUBLIC- CALIFORNIA V Signature' 9 SANTA WRA COUNTY "" MY COMA. EXP. JUN. 19, 2013 p Name: G. arnagan (typed or printed) (Seal) GJ /9) 110 MW - 1 land referred to is situated in the County of Santa Clara, City of Cupertino, Mate of California, and is described as follows: Parcel One: Lot 3 as shown on that certain Parcel Map, Lands of Kelly Gordon Development Corp., recorded November 16, 2010 in Book 840 of Maps, at Pages 16 -17, Santa Clara County Records. Parcel Two: Easements for emergency vehicle access, Ingress and egress, private ingress and egress, public utilities and private storm drain, as shown on said Map as described in Parcel One above. Parcel Three: An easement for the purpose of ingress and egress over a strip of land described as follows: Beginning at an iron pipe set in the southwesterly line of that certain 10.05 acre tract of land described In the Deed from Rrnasa Eaton Company, a corporation, to John A. Chute, dated August 3, 1940, recorded August 17, 1940, in Book 993 O.R. Page 591, Santa Clara County Records, distant thereon South 41 0 27' East 365.50 feet from the Southwest corner of said 10.06 acre tract, and running thence from said point of beginning North 1 °08' West 426.61 feet to the Southeasterly corner of the parcel of land firstly above described; thence along the Southerly line thereof North 83 °17' West 20.19 feet, thence parallel with and 20 feet Westerly at right angles from the first course of this description South 1 0 08' East 324.10 feet, thence running along a curve to the right with a radius of 30 feet through an angle of 139 0 41' a distance of 73.14 feet to a point on the Southwesterly line of said 10.06 acre tract running thence along said Southwesterly line South 41 0 27' East 112.63 feet to the point of binning. Parcel Four: A right of way for road purposes over a strip of land 20 feet in width, the Westerly line of which is described as fellows: Beginning at the Northernmost comer of that certain 0.202 acre tract of land described in the Deed from W. L, Stapp, et al, to L. W. Northon, et ux, dated January 8, 1943, recorded January 15, 1943, in Book 1124 O.R. at Page 312, Santa Clara County Records; thence from said point of beginning South 1 0 08' East 132.58 feet to the Southwesterly corner of said 0.202 acre tract. Parcel Ave: An easement for the purpose of ingress and egress over a parcel of land described as follows: Beginning at an Iron pipe °N" on the Southwesterly line of that certain 10.06 acre tract of land described in the Deed from Amasa Eaton Company, a corporation, to John-A. Chuk, dated Page 1of2 111 August 3, 1940, and recorded August 17, 1940, in Book 993 O.R. at Page 591, Santa Clara County Records, distant thereon South 41 11 27' Bast 366.50 feet from the Southwesterly corner of said 14.06 acre tract them from said point of beginning running North 1 0 08' West 208.44 feet to the Southwest corner of that certain 0.242 acre tract of land described in the Deed from W. L Stapp, et al, to L. W.'Northon, et ux, dated January 8, 1943, and recorded January 15, 1943, in Book 1124 O.R. at Page 312, Santa Clara County Records; thence along the Southerly line of said 4.202 acre tract; thence South 85 0 00' East 20.12 feet to an Iran pipe; thence j running South 1 0 08' East 140.56 feet to an iron pipe, thence curving tangentially to the right on a curve of 70 Feet radius through an angle of 44 11 25' for an arc distance of 54.27 feet to an iron pipe, thence South 31 0 56' East 35.79 feet to an Iron pipe, thence South 10 0 12' West 38.89 feet to an iron pipe on the Southwesterly line of 10.06 acre tract so described In the deed to John A. Chuk above referred to; thence along said last named Southwesterly line North 41. °27' West 16.48 feet to the point of beginning. Y'Xi 326- 17 -O64 Page 2 of 2 112 E d �. o 10300 �� 10349 0 o U) Z Q 1 0 ;_2 10319 O� 10299 NIZ, VARIAN oO o 0 ^ N N N O lV O 10221 - 10239 10259 10239 11 10200 10231 10201 0 10190 191 1 208 1 0201 10181 1 0185 10171 Q = 10150 10160 J 10171 10170 10161 C7 Q 10154 10151 C/) n , 130 10140 10146 0143 10141 ` 10120 0 >> h I V 0133 ° ° moo LO 1 o, o . CD o Subject: Quitclaim 101 .. _... Deed and _ Authorization for Underground Water Rights, Kelly-Gordon Development Corp., 10239 E d RESOLUTION NO. 1I- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO ACCEPTING QUITCLAIM DEED AND AUTHORIZATION FOR UNDERGROUND WATER RIGHTS, KELLY - GORDON DEVELOPMENT CORP., A CALIFORNIA CORPORATION, 10231 AMELIA COURT, APN 326 -17 -062 WHEREAS, Kelly- Gordon Development Corp., has 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 regular meeting of the City Council of the City of Cupertino this 7th day of June, 2011, by the following vote: Vote Members of the City Council AYES: NOES: ABSENT: ABSTAIN: ATTEST: am - slum Kimberly Smith, City Clerk Gilbert Wong, Mayor, City of Cupertino 114 QUITCLAIM DEED AND AUTHORIZATION FOR UNDERGROUND WATER RIGHTS APN 326 -17 -062 10231 Amelia Court Cupertino, CA 95014 Kelly - Gordon_ Development Corp., a California corporation hereinafter referred to as the "GRANTOR", this day of 2011, hereby grants, bargains, assigns, conveys, remises, releases and forever quitclaims unto the CITY OF CUPERTINO, a municipal corporation, hereinafter referred to as the "GRANTEE ", its successors and assigns, all the rights, titles, interests, estates, claims and demands, both at law and in equity, and as well in possession as in expectancy of the GRANTOR as owner of that certain real property situate in the County of Santa Clara, State of California, and specifically described as follows: SEE ATTACHED EXHIBIT "A" to pump, take or otherwise extract water from the underground basin or any underground strata in the Santa Clara Valley for beneficial use upon the lands overlying said underground basin, and GRANTOR hereby irrevocably authorized GRANTEE, its successors and assigns, on behalf of the GRANTOR and its successors in ownership of overlying lands in the said lot to take from said underground basin within the said lot any and all water which the owner or owners of said overlying lands may be entitled to take for beneficial use on said lands and to supply such water to such owner or owners or others as a public utility; provided, however, that nothing contained in this instrument shall be deemed to authorize GRANTEE to enter upon any of the lot delineated upon the above described legal description or to authorize GRANTEE to make any withdrawal of water which will result in damage to any building or structure erected upon said lot. This assignment, conveyance and authorization is made for the benefit lot within the above described legal description and shall bind the owner of said lot within said legal description. 115 IN WITNESS WHEREOF, GRANTOR has executed this instrument the day and year first above written. OWNERS: Brian Kelly, Presid t Kelly- Gordon Development Corp., a California corporation (Acknowledgment and Notarial Seal Attached) 116 State of California County of Santa Clara On 12th day of May, 2011 before me, G. Jarnagan a Notary Public, personally appeared Brian Kelly, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he /she /they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. g G. �ARNAGAN WITNESS my hand and official seal. w01 4 1 854739 NOTARY PUSLIG CALIFORNIA �+ Slgnat SANTA CLARA COUNTY m " `'\ MY Commr Exp, JUN. 19, 2013 T Name: G. jafna0 — a (typed or printed) (Seal) G) /gJ 117 IJKG" The land referred to Is situated in the County of Santa Clara, City of Cupertino, State of Callfbmia, and is described as Foilows: Parcel One: Lot 1 as shown on that certain Parcel Map, Lands of Kelly Gordon Development Corp., recorded November 16, 2010 in Book 840 of Maps, at page 16 -17, Santa Clara County Records. RESERVING THEREFROM an easement over the private street for vehicular and pedestrian ingress and egress and for utilities, including the right of access, as set Forth in that certain document recorded August 19, 2010 under Recorder's Serial Number 20825526, Official Records of Santa Clara County. Parcel Two: An easement over the private street for vehicular and pedestrian ingress and egress and for utilities, including the right of access, as set forth in that certain document recorded August 19, 2010 under Recorder's Serial Number 20825526, Official Records of Santa Clara County. Parcel Three: Easements for emergency vehicle access, Ingress and egress, private ingress and egress, public utilities and private storm drain, as shown on said Map as described in Parcel One above. Parcel Four: An easement for the purpose of Ingress and egress over a strip of land described as follows: Beginning at an iron pipe set in the Southwesterly line of that certain 10.06 acre tract of land described in the Deed from Amasa Eaton Company, a corporation, to Sohn A. Chuk, dated August 3, 194q, recorded August 17, 1940, In Book 993 Q.R. Page 591, Santa Clara County Records, distant thereon South 41 0 27 East 366.50 feet from the Southwest corner of said 10.06 acre tract, and running thence from said point of beginning North 1 "08' West 426.61 feet to the Southeasterly corner of the parcel of land firstly above described; hence along the Southerly line thereof North 83 0 17' west 20.19 feet, thence parallel with and 20 feet Westerly at right angles from the first Nurse of this description South 1 East 324.10 feet, thence running along a curve to the right with a radius of 30 feet through an angle of 139 0 41' a distance of 73.14 feet to a point on the Southwesterly line of said 10.06 acre tract running thence along said Southwesterly line South 41 027' East 112.63 feet to the point of beginning. Parcel Five: A right of way for road purposes over a ship of land 20 feet in width, the westerly line of which is described as follows: Page 1 of 2 118 Beginning at the Northernmost corner of that certain 0.202 acre tract of land described in the Deed from W. L. Stapp, et al, to L W. Northon, et ux, dated January 8, 1943, recorded January 15, 1913, in Book 1121 D.R. at Page 312, Santa Mara County Records; thence from said paint of Beginning South 1c East 132.58 feet to the Southwesterly corner of said 0.202 acre tract. Parcel Six: An easement for the purpose of ingress and egress over a parcel of land described as follows: Beginning at an iron pipe °N" on the Southwesterly line of that certain 10.06 acne tract of land describer) in the Deed from Amasa Eaton Company, a corporation, to John A. C huk, dated August 3, 1940, and recorded August 17, 1940, in Book 993 O.R. at Page 591, Santa tiara County Records, distant thereon South 41 1 27' East 366.50 feet from the Southwesterly corner of said 10.06 acre tract, thence from said point of beginning running North 1 11 0$' West 208.04 feet to the southwest comer of that certain 0.202 acre tract of land described in the Deed from W. L. Stapp, et al, to L. W. Northon, et ux, dated January 8, 1943, and recorded January 15, 1543, in Book 1124 0. R. at Page 312, Santa Clara County Records; thence along the Southerly line of said 0:202 acre tract; thence South 85 °00' East 20.12 feet to an iron pipe; thence running South 1 0 08' East 100.56 feet to an iron pipe, thence curving tangentially to the right on a curve of 70 feet radius through an angle of 44 0 25' for an arc distance of 54.27 feet to an Iron pipe, thence South 31 0 56' East 35.79 feet to an iron pipe, thence South 10°1.2` West 38.89 feet to an iron pipe on the Southwesterly line of 10.06 acre tract so described in the Deed to John A. Chuk above referred to; thence along said last named Southwesterly line North 41 West 16.48 feet to the point of beginning. AM 326 -17 -062 Page 2of2 119 E d �. o ��o�o 10300 ��0�• r 10349 0 o U) Z Q 1 0 ;_2 10319 O� 10299 NIZ, VARIAN oO o 0 h^ ^ N N M N N N O lV O 10221 - 10239 10259 10239 11 10200 10231 10201 0 10190 191 10208 1 0201 10181 1 0185 10171 Q = 10150 10160 J 10171 10170 10161 C7 Q 10154 10151 C/) n , 10130 10140 10146 0143 10141 ` 10120 0 >> h I V 0133 ° ° moo LO 1 o, o . CD o AD Subject: Quitclaim 101 . _. _ _ _ Deed and Authorization for Underground Water Rights, Kelly-Gordon Development Corp., 10231 E d RESOLUTION NO. 1I- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO ACCEPTING QUITCLAIM DEED AND AUTHORIZATION FOR UNDERGROUND WATER RIGHTS, VIJAY KUMAR ERANTI, 22641 ALCALDE ROAD, APN 342 -29 -036 WHEREAS, Vijay Kumar Eranti, has 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 regular meeting of the City Council of the City of Cupertino this 7th day of June, 2011, by the following vote: Vote Members of the City Council AYES: NOES: ABSENT: ABSTAIN: ATTEST: am - slum Kimberly Smith, City Clerk Gilbert Wong, Mayor, City of Cupertino 121 QUITCLAIM DEED AND AUTHORIZATION FOR UNDERGROUND WATER RIGHTS APN 342 -29 -036 22641 Alealde Road Cupertino, CA 95014 hereinafter referred to as the "GRANTOR ", this S0 day of _ f 'y - y' , , 2011, hereby grants, bargains, assigns, conveys, remises, releases and forever quitclaims unto the CITY OF CUPERTINO, a municipal corporation, hereinafter referred to as the "GRANTEE ", its successors and assigns, all the rights, titles, interests, estates, claims and demands, both at law and in equity, and as well in possession as in expectancy of the GRANTOR as owner of that certain real property situate in the County of Santa Clara, State of California, and specifically described as follows: SEE ATTACHED EXHIBIT "A" to pump, take or otherwise extract water from the underground basin or any underground strata in the Santa Clara Valley for beneficial use upon the lands overlying said underground basin, and GRANTOR hereby irrevocably authorized GRANTEE, its successors and assigns, on behalf of the GRANTOR and its successors in ownership of overlying lands in the said lot to take from said underground basin within the said lot any and all water which the owner or owners of said overlying lands may be entitled to take for beneficial use on said lands and to supply such water to such owner or owners or others as a public utility; provided, however, that nothing contained in this instrument shall be deemed to authorize GRANTEE to enter upon any of the lot delineated upon the above described legal description or to authorize GRANTEE to make any withdrawal of water which will result in damage to any building or structure erected upon said lot. This assignment, conveyance and authorization is made for the benefit lot within the above described legal description and shall bind the owner of said lot within said legal description. 122 IN WITNESS WHEREOF, GRANTOR has executed this instrument the day and year first above written. OWNERS: (� Vijay K mu Vijay Eranti (Acknowledgment and Notarial Seal Attached) 123 State of California. COO ty of _ � ° 774 L,4 oil 0411 - �7 �0 belfo.re me, personalty, appeared m A' �?Zl( . who roved to e on'the basis. of satisfactory evidence to be the pemn(s) � � ne(q- s -a slab c�ribe to Ole wit in ihstrviw6iit and ackrip',?uiedged to rye that: d/sh& they executed the same in his/her/their authorized, Iipacit and that: by . sll lexlt eir si tar, (s) wthe 1ii;�tri meat�tlie p 3r$oa( or the ent ty.gm behalf' of which the per got (s) acted, excouled, e ixt�trul�rici' U I certify Mader PENALTY :OF PERJURY udder thelaws of the State of California flat the foregoing paragraph. Cornrnlsslon # 1770167 WI TNESS- y hand and o�cial :scat., r i sNolar;. [?ublio - GaWornlo ` Son tticateo County w L M Comm. rxpire5Ocffl rai l i of:l�lvta; PiilsTia. (Notary 9 "lyl grtnrE ry . DESCRIPTION.3E T R AWACHED DOCUMENT (Tiac;or description of attached Opel sent) (Tale or f escripriiosi of attactied dbcui mit eoiuirfu r4) :Number ofi?a Document:Uato (Adoitianal in£orwatio#) CAPACITY MAIMED BY THE SIGNER. Cl tndirridudl ( &.. 0 C01'p9Y`t� to Officer (TWO 0 I'artner(s) C] Other WSTRUCTrONSYOR.ClOMPLETING THIS, FORM -Any zckiowledgiirrw# ea vkted bt Cal &rrta mrsl powa €n veebtage 4"xacrb as pplX(wM Q! ove in thr inolary. s ect or "R sepal qr Ei3crl ]�A ff7elr€ i7ezft wrist be property i7ompkmd artd aft hed tc that p urn trt.. The only exception Is if a dc&rmctrt to ba mvar dod pittsr`rare pf Ctr1irbrn a; in 7yeh irrsrtarncw, em) atte flat v ir+ lio.Wedgmenr varkage; as oray he prtated on sin* r document S-o kok .as' ;ter¢ verbiage -doers nor req€ im the rrc ioq k gp sayrrrething that is rltegal for. Q. n'dtal.iii Califorlda fie 4p -lfil ng. the ;fy 4-ft q,sig zJ Plccngo check the rfacunlenl:aar uli4rpropernotar�ial - worOngandrrttaehlhisfvrrrr Yroquirvd; &tsta iiud aunty ifarriidtioii. JIAILsf #se. Eh'e State a€id Cou€tiy aulldre the dactim nt srg€rg60 arsonaliY:apltd::b "f0rt tt�d rrataty ptifrlrar:k€sbvisdp„naeto ® Datc.,af lira €arization must he the datc,that the;signef(s) personally Appeared x Melt tans# aliz be the sa€ tie -date th i afoWo �lc4jojt Jit Or crmpl tAad. Phc volary pul?lia Must phut lris of krce� airec a$ it ,apf.cara Wit 'W T €ts:_ov her sonunissian fokiraFVed by.a.eamma a thenyour tr tte,(notary publ c), Print the',rtimne(s) of dvetrmmt sighot(s) who personally aprsear.at tIre taioo of itdtadzation; Indidatc thercect siaglrlar a>r pttual,fictr€ns by crossing uhf °ineorroeY faartrr$ (i,c, lrre is'�re } br cirelrlg the,cneei fpims.:ailu� to ca�xr�eely'iadierita &.Iris infori?ratian tray; lid iv rcjectiap of dacu€netit ewowitlg. o Tate, notaty scar iopress "ran must br ulcdt r'}i 0 photo piliivally tcprq4ucib]o, ltrrpmssslv,€ tmr f ntrR cover �text or lures, if nal impression a€nttdg s, m scab if a syfficietat�raa p�rtnits, €ztlr�Wrsc campT1r�g a diTfurctrt.aoltttrswlrk�tnerst r'os'in. Signature of the redtary,piit H trimt, thatch the giokurb oh tike with the.of ide of flee copty clerk: Addtiir. -rtnforwa.tion is not .pgpiird' but :could bop. to ensure this sck, ouWlodgmerrt is not misusatl ar aika� lied Yu a diffcrerrt Taertm lit tpdkrate h lb of typo 9f attaslie :itacrimenr u€�iiiliarofpago arrd:datc. •°r Eradicate thc- trapabity olaith&Tby the sigder. If the, cWhied capacily -is ri cnrpor* 015ror, judicate the tit<a 0,01 G CFO, �ecrz ta€y). � Sc:aurcx�.aifaeia tlai�s;+daoutnettc.tCr the �igr€ed �Gp€tier�t ' 2QO8 Ybrsion .CAPA v12,lQ,Q7 gP.M73 91(65 vwt�a l itati€cy kasses,copi 124 EXHIBIT "A" All that certain real Property in the City of Cupertino, County of Santa Clara, State of California described as follows: All of Lot 5, as shown Won that certain map entitled, "Tract No. 1757 being a portion of the San Antonio rancho, Santa Clara County, California ", which Map was filed for retard in the Off Crce of the Recorder of the County of Santa Clara, State of Califomia, on September 6, 1956 In Book 71, of Maps, at page 46. APN: 342-29-036 125 N 10381 N N 0 N N 10380 N 10387 Q 10382 10385 _ W 10398 10401 10397 10398 10399 Z N LO Q 10417 10414 10413 10412 10413 W 10430 10431 p MARIANIST O N N co co ;I- Y 10444 0 0 0 0 0 0 �O�OR 10445 J � 0, 95 10459 10458 ,o ;> 1 0473 10472 0 0 0 0 0 ,O � , �ps 10487 a , 10488 ,. .. N N LO N m 0 LO W m N 0 N N N N N N N N N N N N J LCALDE� O 22650 N LL m ❑ 0501 N 10530 N y o N 10505 �LS 22632 10535 10532 N 10540 0 LO N S 10534 N 10515 N 7 -0, 10555 10531 OJP 10554 10580 10551 O �Q 10546 10535 CJ 10566 Q 10575 10566 ° 10583 U 10570 10585 10571 10564 10556 - 10595 z Lo 10582 Q 2s N 2 2 S Q 10593 10591 10576 0596 10586 10594 CO 10584 of 2255 w IN ST 10588 10598 10605 10620 10616 22560 O 10611 10590 10600 10625 10614 L OGO ti�� N 10615 L m LO N N 10620 10629 10636 10632 10630 10634 10627 10625 O 10631 10631 Z 1.0638 10642 0 10650 10638 O Z G 10641 Q cv 10635 ■ PUBLIC WORKS DEPARTMENT UPERTIN CITY HALL 10300 TORRE AVENUE • CUPERTINO, CA 95014 -3255 TELEPHONE: (408) 777 -3354 www.cupertino.org CITY COUNCIL STAFF REPORT Meeting: June 7, 2011 Sub, ect Municipal Improvements, Brett G. Alten and Tomoko Matsumoto, 22661 San Juan Road, APN 324 -17 -109. Recommended Action Accept Municipal Improvements. Discussion The applicants have completed City- specified improvements in the City right -of -way including curb and gutter as required by the improvement agreement with the City. Prepared b y. Chad Mosley Associate Civil Engineer Reviewed by. Timm Borden, Director of Public Works Approved for Submission by: David W. Knapp, City Manager Attachments: 127 OFFICE OF THE CITY MANAGER UPERTIN Subs ect CITY HALL 10300 TORRE AVENUE • CUPERTINO, CA 95014 -3255 TELEPHONE: (408) 777 -3212 www.cupertino.org CITY COUNCIL STAFF REPORT Meeting: June 7, 2011 Consider making a recommendation to the County of Santa Clara Board of Supervisors regarding redistricting. Recommended Action: Consider making a recommendation. Description: Every ten years, the US government conducts a nationwide census to determine the population. With the updated census numbers, legislative districts are redrawn to reflect changes in population. As a result, Santa Clara County has created a Citizen Redistricting Commission to redraw the boundaries for the five supervisonal districts. Concurrently, a statewide California Citizens Redistricting Commission has been established to redraw state and federal district lines (previously, these had been determined by legislature). How the lines are drawn may impact Cupertino and the City's ability to influence regional, statewide and national issues. Discussion: The County Commission has made no specific recommendations to the Board of Supervisors. The State Commission has until August 15 to approve district lines. Both commissions seek public input as part of their deliberations. The city Council has previously recommended to the Santa Clara County citizens redistricting commission that Cupertino be considered a "Community of Interest." A copy of that letter is attached. Prepared by Rick Kitson, Public and Environmental Affairs Director Approved for Submission b� David W. Knapp, City Manager Attachment A: Letter to the Santa Clara County Citizens Redistricting Commission dated May 18, 2011. Attachment B: Article from Cupertino. Patch. corn from May 20, 2011. 129 OFFICE OF THE MAYOR CITY HALL 10300 TORRE AVENUE • CUPERTINO, CA 95014 -3255 (408) 777 -3212 • FAX (408) 777 -3366 May 18, 2011 Susanne Wilson, Chair Santa Clara County Citizens Redistricting Commission County Government Center 70 West Hedding Street San Jose, California 95110 Dear Chairperson Wilson, The Cupertino City Council sincerely appreciates the work of the Santa Clara County Citizens Redistricting Commission. These profoundly difficult and important decisions determine the character of our communities and of our government. To this end, the Cupertino City Council has carefully considered and weighed the five options that have been articulated and illustrated in the five maps currently before the redistricting commission. • The Cupertino City Council unanimously approves and supports map number one (Supervisorial Districts Map 1 (Emphasis: No Changes) April 7, 2011). • The Cupertino Council finds unanimously acceptable maps three (Map 3 replaced by Map 4: Supervisorial Districts Map 3 (Emphasis: Sunnyvale to 133) April 7, 2011) and four to be acceptable (Supervisorial Districts Map 4 (Emphasis: Sunnyvale to 133) April 21, 2011). • The Cupertino City Council unanimously opposes maps numbers two (Supervisorial Districts Map 2 (Emphasis: Sunnyvale to 135) April 7, 2011) and five (Supervisorial Districts Map 5 (Emphasis: Sunnyvale to D5 and Conformity to San Jose Council Districts) May 5, 2011). Consistent with the guidelines of the commission, the Cupertino City Council feels strongly that Cupertino should continue to be closely associated with communities in the county that have similar hi -tech economies. Likewise, since its incorporation, Cupertino has always associated communities with similar geographic dispositions, such as proximity to the foothills. Lastly, 130 Cupertino has worked for many years to mitigate the impacts of the Lehigh Hanson Cement Plant and Quarry on our community. Cupertino must remain in the same supervisorial district as Lehigh. Cupertino's concerns warrant the commission's most serious consideration and protection. By almost every possible measure, west valley communities have been shown to share common social and economic interests. We trust that the Redistricting Commission will take the Cupertino City Council's unanimous recommendation into consideration when making its final recommendation to the Board of Supervisors. On behalf of the entire Cupertino City Council, please accept our gratitude and thanks for the important recommendation the commission must make. Sincerely, MOW C7i16eIt ong a 1` y ov L � Alp g 4 a 131 Cupertino.Patch.com: Government Where Cupertino Lands is Now in Supervisors' Hands The Citizens Redistricting Commission forwards maps to supervisors with no specific recommendations. By Pam Marino I May 20, 2011 It's still anyone's guess where Cupertino will wind up on the Santa Clara County supervisorial districts map, after the Citizens Redistricting Commission sidestepped taking any stands on boundaries Thursday night. The commission voted unanimously to send seven maps to the Santa Clara County Board of Supervisors, with no rankings or judgments. Commission Chairwoman Susanne Wilson will present the maps to the supervisors at 1:30 p.m. June 7 at the county headquarters, 70 W. Hedding St., San Jose. The supervisors must decide on a final map by Aug. 15. Cupertino council members Barry Chang and Orrin Mahoney pleaded Cupertino's case on Thursday to remain in District 5. They underscored the city's desire to remain in the same district as Lehigh Southwest Cement Plant and Quarry, as well as with West Valley cities that share boundaries with the county's western hillsides. The challenge before supervisors is how to balance all the competing interests to create districts that have roughly the same population in each, as well as keeping what are known as "communities of interest" together. By far the biggest challenge is accommodating the city of Sunnyvale. Officials there are pushing to be included as a whole in District 5, instead of its current state of being split between districts 3 and 5. Yet any move by the second - largest city in the county would most likely mean pushing smaller cities like Cupertino and Saratoga into either districts 1 or 4. While many of the 11- member commission advocated putting Sunnyvale wholly in District 5, some suggested taking an incremental approach, by moving more of Sunnyvale into the district this year, with an eye toward moving more of it after the 2020 Census. Even officials from competing cities said they are sympathetic to Sunnyvale's plight, but not at the risk of forcing other cities into districts they don't share interests with. "We're eager to help our neighbor Sunnyvale achieve its goals, but we think we know what's best for the West Valley cities," Mahoney told commissioners. Once supervisors receive the maps from the commission, they can either choose one, or make their own tweaks and revisions. 132 And expect politics to come more into play. With Liz Kniss terming out of the District 5 seat next year, potential candidates from Cupertino and Saratoga could have a lot to lose if moved into districts 1 or 4, which elected Mike Wasserman and Ken Yeager, respectively, last November. Candidates would have to wait three years and then face a tough race against an incumbent. Four of the maps now under consideration are on the county's website. Three more were introduced Thursday night and had not been uploaded by the time Patch posted this story. Below is a summary of the maps the supervisors will receive from the commission: Map 1: No change to boundaries. Cupertino and Saratoga remains in District 5. Sunnyvale remains split between 3 and 5. This map was officially endorsed by the Cupertino City Council on Tuesday. Ma 2: All of Sunnyvale in District 5, pushing Cupertino and Saratoga into District 4, joining Campbell and parts of San Jose. Lehigh remains in District 5. This map was deemed "unacceptable" by Cupertino's Council. Map 4 : Sunnyvale goes as a whole to District 3, something Sunnyvale officials have said is unacceptable to them, because they do not share as many interests with San Jose and Milpitas, as they do cities to the north in District 5. Cupertino and Saratoga remain in District 5. This map was also officially endorsed by the council on Tuesday. Ma 5: Created by Sunnyvale officials, this map puts Sunnyvale in District 5, Cupertino and Saratoga in District 1. Lehigh remains in District 5. Also deemed "unacceptable" by the council. Mayor Gilbert Wong has pointed out that Cupertino does not share the same interests as the more agricultural communities of Morgan Hill and Gilroy. Map 6: Introduced by Sunnyvale officials on Thursday night, this map also puts Sunnyvale in District 5, and Cupertino and Saratoga in District 1. According to Sunnyvale Vice Mayor James Griffith, Lehigh remains with Cupertino. Mahoney told commissioners that based on the same reasons the Cupertino council rejected Maps 2 and 5, it would reject Map 6. Map "XX ": Cupertino and Saratoga in District 1; Lehigh in District 5. Takes an incremental approach to moving Sunnyvale into District 5. More of the city would come into the district this year, with an eye to possibly moving more in after the 2020 Census. Sunnyvale Mayor Melinda Hamilton was strongly against this map, saying that voters north of Highway 101 would be disenfranchised. Map "Sunnyvale D ": Places Cupertino in District 5, Saratoga in District 1, and splits Sunnyvale vertically down Wolfe Road. Everything to the west of Wolfe in District 5, to the east, District 4 Former Saratoga Mayor Kathleen King spoke out against the map, because she said her city wants to remain with cities with similar issues, like Cupertino, and should remain in the same district as the unincorporated hillsides within the city's sphere of influence. 133 PUBLIC WORKS DEPARTMENT UPERTIN CITY HALL 10300 TORRE AVENUE • CUPERTINO, CA 95014 -3255 TELEPHONE: (408) 777 -3354 www.cupertino.org CITY COUNCIL STAFF REPORT Meeting: June 7, 2011 Sub, ect Annual approval and renewal of the collection of existing storm drain fees at no increase in rates for fiscal year 2011 -2012. Recommended Action Adopt Resolution No. 11- Discussion Since 1992, the Nonpoint Source Program, mandated by the State of California and the US Environmental Protection Agency regulations, has been funded locally from a storm fee applied to each property in the City. The fee, collected by the Santa Clara County Tax Collector and provided to the City, is subject to annual review and approval by the City Council. The existing storm drain fees support the City's State and federally mandated programs and State water quality control requirements. Also supported by these funds, are the operation and maintenance of storm drain facilities (to the extent not covered by existing General Fund activities), a portion of the annual street sweeping contract, funding for regional watershed monitoring and other compliance work conducted on behalf of the cities and agencies by the Santa Clara Valley Urban Runoff Pollution Prevention Program (SCVURPPP). The fees have remained the same since they were first levied in 1992 and no increase is proposed. The annual fees for each property category are as follows: Category Rate per Year Single - Family, Town homes, Condominiums $ 12.00 /premise Commercial /Industrial /Apartments $ 144.00 /acre Unimproved/Recreation $ 36.00 / acre Fiscal Impact The fee schedule when levied on all properties in the City of Cupertino generates approximately $366,000. The proposed program budget for FY 2010 -2011 is approximately $500,000. This budgeted amount represents increased staff time for mandatory inspections and data tracking to prevent illegal discharges and connections to the City storm drain system and impact to State 134 waters. The budgeted amount is necessary to meet increasingly stringent State and Federal clean water requirements, higher municipal National Pollutant Discharge Elimination System (NPDES) fees proposed by the State and an increase in SCVURPPP (countywide collaborative) program costs. The difference between the budgeted amount and the revenue from fees will be covered by the General Fund. Any increase in the current fee amount would be subject to the two - thirds vote provisions of Proposition 218 and no change is recommended at this time. Prepared by. Cheri Donnelly, Environmental Programs Manager Reviewed by. Timm Borden, Director of Public Works Approved for Submission by: David W. Knapp, City Manager Attnrhmente- A - Resolution, Approving the Renewal and Collection of the Existing Storm Drain Fees 135 RESOLUTION NO. 1I- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO APPROVING THE RENEWAL AND COLLECTION OF THE EXISTING STORM DRAIN FEES AT NO INCREASE IN RATES FOR FISCAL YEAR 2011 -2012 WHEREAS, the City Council of the City of Cupertino has previously enacted Municipal Code Chapter 3.36 for the purpose of meeting the City's federally mandated Nonpoint Source Control and Stormwater Management Program and establishing the authority for imposing and charging a storm drainage service charge; and WHEREAS, a report concerning the method of assessing an environmental fee to fund the City's Nonpoint Source Program was prepared by the Director of Public Works pursuant to Section 3.36.080(B) of the City's Municipal Code and filed with the City Clerk on April 7, 2011. A report, entitled "Engineer's Report, Assessment of Fees for Storm Drainage Purposes Nonpoint Source Pollution Program ", was prepared by the Director of Public Works and is dated May 27, 2011; and WHEREAS, the report, filed with the City Clerk, was available for public inspection and review ten (10) days prior to this public hearing; and WHEREAS, the City Council of the City of Cupertino finds and determines as follows: 1. After considering the report entitled "Engineer's Report, Assessment of Fees for Storm Drainage Purposes Nonpoint Source Pollution Program" and the testimony received at this public hearing, the City Council hereby approves the report and herein incorporates it in the resolution. 2. There is a need in the City for the continuation of a storm drainage service charge to cover the costs of the federally mandated program as heretofore described, in that properties within the city will not otherwise contribute their fair share towards this program and without the availability of such storm drainage service charge, the City's general fund will be depleted. 3. The facts and evidence presented establish that there is a reasonable relationship between the need for this fee and the impacts for which this fee shall be used, and that there is a reasonable relationship between the fee's use and the properties, which are to be charged this fee. These relationships or nexuses are described in more detail in the above referenced report. 4. The amounts of the fee for each category of property, as set forth below, are reasonable amounts as such fees are based on runoff coefficients established in the Master Storm Drain Study. 5. It is further determined that each and every parcel of land contained in said report will, and has received a benefit of the storm drainage system and that the charges imposed herein on each such parcel are in conformity with the benefits that such parcel has received as further described in the report. 136 NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Cupertino, that: 1. Charge The storm drainage service charge shall continue to be charged to each parcel within the city to cover the costs of the City's federal and state requirements for Nonpoint Source Control and a Stormwater Management Program. 2. Use of Revenue The revenue derived from said charge shall be used in connection with implementing and enforcing Chapters 3.36 of the Cupertino Municipal Code entitled "Storm Drainage Service Charge" and Chapter 9.18 entitled " Stormwater Pollution Prevention and Watershed Protection." 3. Schedule of Charges (a) Annual fees for each category of property will be assessed and collected as follows: Residential premises $ 12.00 /parcel Apartment premises $144.00 /acre Commercial /Industrial premises $144.00 /acre Unimproved/Recreational $ 36.00 /acre (b) The following public properties are exempt from, and shall not be assessed the environmental fee: Cupertino Sanitary District Santa Clara County Santa Clara Valley Water District Southern Pacific Transportation Company State of California The Santa Clara County Fire Department The City of Cupertino The Cupertino Union School District The Foothill -De Anza Community College District The Fremont Union High School District The Midpeninsula Regional Park District United States of America 4. Judicial Action to Challenge this Resolution Any judicial action or proceeding to challenge, review, set aside, void, or annul this resolution shall be brought within 120 days from the date of its adoption. 137 PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this 7th day of June, 2011, by the following vote: Vote Members of the City Council AYES: NOES: ABSENT: ABSTAIN: ATTEST: City Clerk Mayor, City of Cupertino 138 EXHIBIT A ENGINEER'S REPORT ASSESSMENT OF FEES FOR STORM DRAINAGE PURPOSES NONPOINT SOURCE POLLUTION PROGRAM A. Program Description and Purpose The purpose of this assessment is to collect fees for funding the City of Cupertino's Nonpoint Source Pollution Program mandated by the Environmental Protection Agency (EPA). Regulations by the EPA and the State of California require cities to take specific actions to eliminate or control pollutants in waters of the State. The term "nonpoint source pollution" represents a process whereby pollutants, debris, sediment and chemicals which accumulate on streets, in neighborhoods, construction sites, parking lots and other exposed surfaces are washed off by rainfall and carried away by stormwater runoff into local creeks and the San Francisco Bay. Sources of these pollutants may include automobile exhaust and oil, pesticides, fertilizers, chemicals, eroded soil, detergents, paints, litter and other discarded material carried through the storm drain system, without treatment, directly to the Bay. These pollutants are hazardous to aquatic and human life. The City of Cupertino has implemented several programs to mitigate this problem that include elimination of illegal discharges and waste disposal into storm drains, monitoring pollutants, public education and public awareness, and operation and maintenance of storm drain facilities. The State San Francisco Bay Regional Water Quality Control Board (Water Board) approved the Municipal Regional Permit (MRP) on October 14, 2009. The permit was issued to 76 agencies or co- permittees (including the City of Cupertino) which discharge storm water through drainage systems to the San Francisco Bay. The MRP includes several mandated requirements that are being phased in over five years. The Santa Clara Valley Urban Runoff Pollution Prevention Program (SCVURPPP) has had to increase its co- permittee assessments by about 20% to meet these new requirements. The Order requires Bay Area municipalities to install trash full- capture devices to remove trash and debris from thirty percent of a city's wholesale and commercial land use acreage. The City of Cupertino is on record as having 213 acres of wholesale and commercial land use area. The City must also inspect and clean its drain inlets and storm drain conveyance system annually prior to the rainy season. With these and various other MRP requirements on the horizon the City has had to increase the NPS budget to ensure continued compliance. While Proposition 218 essentially prevents the City from increasing stormwater fees, it is important that the fees that have been in place since 1992 continue to be collected. 139 B. Estimated Expenditures The total estimated budget to implement the required programs described above for fiscal year 2011 -2012 is approximately $520,000. The breakdown of costs is outlined as follows: Countywide Program 120,000 Regional Watershed Monitoring State National Pollutant Discharge Elimination System (NPDES) Permit Fees Public Education, Public Awareness and Staff Training CA Stormwater Quality Association (CASQA) Guidance Manuals SCVURPP Program Fee - Collaborative Implementation of Permit Requirements Municipal Permit Compliance Policy Implementation Operations and Maintenance $ 180,000 Catch Basin Cleaning Street Sweeping On -call Spill Response City Public Education Awareness $ 50,000 Public Outreach Materials & Events Third -Grade Creek Education for Local Schools Support for High School Watershed and Creek Education Support for De Anza College and Community Environmental Education Local Programs $ 170,000 Administration and Ordinance Revisions Reports to State SF Bay Water Board Database Administration Illegal Discharge Detection & Elimination Investigation and Enforcement Industrial /Commercial Inspection and Enforcement Program Construction Site Inspection and Control Program New Development Implementation of Low Impact Development (LID) Trash Management Requirements and Litter Abatement TOTAL $ 520,000 C. Revenue and Assessment Revenues generated to fund this program are based on a factor calculated from the City's Master Storm Drain Study runoff coefficients and average area of impervious surface per acre based on 140 type of land -use development. The factor for each category is based on a comparison to an average residential parcel assigned a factor of one. The following table represents the approximate revenue stream for different categories of development. No. Parcels Annual Revenue Development Category Factor or Acre Cost/Unit Generated Residential 1 15,579 Pcl $ 12.00 $ 186,948 Commercial /Industrial/ Apartments 12 1,016.59 Ac 144.00 $ 146,388 Unimproved/Recreational 3 931.94 Ac 36.00 $ 33,549 TOTAL $ 366,885 Each parcel has been identified and a fee established in a separate report entitled PARCEL ASSESSMENT REPORT. Timm Borden Director of Public Works 5/27/11 141 ADMINISTRATIVE SERVICES DEPARTMENT UPERTIN Subs ect Fiscal year 2011 -12 Budget CITY HALL 10300 TORRE AVENUE • CUPERTINO, CA 95014 -3255 TELEPHONE: (408) 777 -3220 www.cupertino.org CITY COUNCIL STAFF REPORT Meeting: June 7, 2011 Recommended Action Conduct the first of two public hearings on the FY 2011 -12 Budget. Description The purpose of tonight's hearing is to continue the preliminary review of the annual budget and to give the public an opportunity to comment before its adoption on June 21, 2011. Discussion An in -depth review of the budget was presented to City Council at the budget work session on May 23, 2011. During the study session, the Council discussed our general fund financial situation, the fiscal strategic plan, change in program levels, departmental budgets and the five - year capital improvement program. Fiscal Impact Discussed in proposed budget for fiscal year 2011 -12 dated May 23, 2011. Prepared by: David Wood Reviewed by. Carol Atwood Approved for Submission by Attachments None David W. Knapp, City Manager 142 OFFICE OF THE CITY CLERK UPERTIN Subs ect CITY HALL 10300 TORRE AVENUE • CUPERTINO, CA 95014 -3255 TELEPHONE: (408) 777 -3223 www.cupertino.org CITY COUNCIL STAFF REPORT Meeting: June 7, 2011 Receive any objections to proposed removal of brush and order abatement of the public nuisance. Recommended Action Adopt resolution as presented by staff. Description City -wide brush abatement pursuant to provisions of Ordinance No. 724 and Resolution No. 11- 079 T)i ern i eci nn On May 17, 2010, Council adopted Resolution No. 11 -079 setting a hearing to consider any objections of property owners to the proposed removal of brush. After adoption of that resolution, the Santa Clara County Fire Department sent notice of the abatement program and hearing to the property owners on the notification list. Prepared by. Grace Schmidt, Deputy City Clerk Reviewed by. Kimberly Smith, City Clerk Approved for Submission by. David W. Knapp, City Manager Attachments: A. Draft resolution B. Parcel abatement list C. Non - compliance letter sent to property owners by the County Fire Department D. 100 -foot clearance letter sent to property owners by the County Fire Department E. 30 -foot clearance letter sent to property owners by the County Fire Department F. Citation notice left on door of property owners by the County Fire Department G. Abatement fee schedule 143 RESOLUTION NO. 11- A RESOLUTION OF THE CUPERTINO CITY COUNCIL ORDERING ABATEMENT OF PUBLIC NUISANCE PURSUANT TO PROVISIONS OF ORDINANCE NO. 724 AND RESOLUTION NO. 11 -079 WHEREAS, the City Council has declared that the growth of brush upon the private properties as described in Resolution No. 11 -079 to be a public nuisance; and WHEREAS, after due notice, a hearing thereon was held at a meeting of the City Council on June 7, 2011; and WHEREAS, from the evidence presented, both oral and written, it appears to be in the best interests of the City to acquire jurisdiction over and abate said nuisance. NOW, THEREFORE, BE IT RESOLVED: 1. That the Office of the Agricultural Commissioner is hereby ordered to abate such nuisance or cause the same to be abated by having the brush referred to destroyed or removed by cutting, discing, chemical spraying or any other method determined by him; that all debris, whether in piles or scattered, be hauled away; 2. That the Agricultural Commissioner and his deputies, assistants, employees, contracting agents or other representatives shall have express authorization to enter upon said private properties for the purpose of causing said public nuisance to be abated; and 3. That any affected property owners shall have the right to destroy or remove such brush or debris himself or herself or have the same destroyed or removed at his /her own expense provided that such destruction or removal shall have been completed prior to the arrival of the Office of the Agricultural Commissioner or his authorized representative to destroy or remove them. BE IT FURTHER RESOLVED: 1. That the Office of the Agricultural Commissioner shall keep account of abating said nuisance and embody such account in a report and assessment list to the City Council, which shall be filed with the City Clerk. 2. Said reports of costs, hearing and collection procedures involved shall be provided as stated in Ordinance No. 724. 144 Resolution No. 11- 2 PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino on the 7th day of June 2011, by the following vote: Vote Members of the City Council AYES: NOES: ABSENT: ABSTAIN: ATTEST: Kimberly Smith, City Clerk Gilbert Wong, Mayor 145 2011 BRUSH PARCELS Work APN TRA Re uest Situs Owner Name Owner Address A- 30 ft 1 100 ft Defensible Space B- Clear shrubs /trees of dead leaves & branches C- Remove pine needles & leaves from roofs etc. D- Trim tree limbs 10 ft from chimneys E Cover chimney with nark arrester. F, Post address with 4" high numbers 366.33.006 13 A DECARLI JANET M TRUSTEE 11640 REGNART CANYON DR 11640 REGNART CANYON DR CUPERTINO CUP CUP 30 366.34-004 13 A,D 22334 REGNART RD CUP COHN JAMES N AND LISA B 22334 REGNART RD CUPERTINO CUP 30 146 147 td WL 'a sm I rk MMA Ma" zrbmv M- a& min ffivomm sit 7 d.O'' W. h .�� dub TAW UUMME1 WL 'a sm I rk MMA Ma" zrbmv M- a& min ffivomm sit 7 Additional Safety Recommendations • Limb up trees 18 -feet or taller 6 -feet from the ground. • Cut and remove very low growing tree limbs to prevent a fire on the ground from climbing up and into the canopy of the trees that surround your home. • Stack woodpiles a minimum of 30 -feet from buildings, fences and other combustible materials. • Clear vegetation and other flammable material from underneath decks. Enclose elevated decks with fire- resistive materials. • If you have any trees near power lines please contact PG &E at 1- 800 -PGE -5000 for a free inspection. State Law requires vegetation clearance from electrical lines. For more information please visit www_.PGEcom. In most cases PG &E will trim or remove the tree at no cost to you. • The Santa Clara County Fire Safe Council offers Defensible Space Chipping Programs to assist homeowners, including special programs for qualified low- income, seniors and disabled homeowners. For more information visit ww For ornamental shrubs and bushes adjacent to your home, we recommend planting a fire- retardant variety. If there is a possibility that erosion may occur, any native vegetation that is removed should be replaced with fire- retardant vegetation. Please complete and return the enclosed postcard on or before April 1, 2011. Beginning the first week of April, County Fire personnel will begin conducting inspections to advise property owners who have not implemented the fire hazard abatement measures what work is necessary in order to be in compliance with the applicable regulations. If you are unable to complete the required work due to late season rains or other hardship, please contact our office as soon as possible. You may complete the brush clearance work yourself, hire your own contractor, or you may request to schedule our authorized contractor to perform the work. If you would like this service, please check the appropriate box on the postcard or call (408) 378 -4010 prior to April 1, 2011. If you choose this option, the charges for this work will appear on your next property tax bill. Please note follow -up inspections will be conducted on or after June 1, 2011 of properties that did not have the Enforced Safety Regulations implemented at the time of the first inspection. If you do not comply with items A, B, C and D of the Enforced Safety Regulations, the compliance work will be completed by the authorized contractor of the City of Cupertino and the charges for this service will appear on your next property tax bill. If you would like to schedule a courtesy inspection with one of our inspectors or have additional questions regarding the safety compliance of your property, please contact our Fire Prevention Division at (408) 378 -4010 or 1- 800 - 800 -1793. Thank you for your cooperation in helping to establish a fire -safe community. Sincerely, Kenneth L. Waldvogel Fire Chief 150 Q-W ANNE Additional Safety Recommendations • Limb up trees 18 -feet or taller 6 -feet from the ground. • Cut and remove very low growing tree limbs to prevent a fire on the ground from climbing up and into the canopy of the trees that surround your home. • Stack woodpiles a minimum of 30 -feet from buildings, fences and other combustible materials. • Clear vegetation and other flammable material from underneath decks. Enclose elevated decks with fire - resistive materials. • If you have any trees near power lines please contact PG &E at 1- 800 -PGE -5000 for a free inspection. State Law requires vegetation clearance from electrical lines. For more information please visit www.PG_E.coni. In most cases PG &E will trim or remove the tree at no cost to you. • The Santa Clara County Fire Safe Council offers Defensible Space Chipping Programs to assist homeowners, including special programs for qualified low - income, seniors and disabled homeowners. For more information visit www.sccfiresafe.ora For ornamental shrubs and bushes adjacent to your home, we recommend planting a fire - retardant variety. If there is a possibility that erosion may occur, any native vegetation that is removed should be replaced with fire- retardant vegetation. Please complete and return the enclosed postcard on or before April 1, 2011. Beginning the first week of April, County Fire personnel will begin conducting inspections to advise property owners who have not implemented the fire hazard abatement measures what work is necessary in order to be in compliance with the applicable regulations. If you are unable to complete the required work due to late season rains or other hardship, please contact our office as soon as possible. You may complete the brush clearance work yourself, hire your own contractor, or you may request to schedule our authorized contractor to perform the work. If you would like this service, please check the appropriate box on the postcard or call (408) 3784010 prior to April 1, 2011. If you choose this option, the charges for this work will appear on your next property tax bill. Please note follow -up inspections will be conducted on or after June 1, 2011 of properties that did not have the Enforced Safety Regulations implemented at the time of the first inspection. If you do not comply with items A, B, C and D of the Enforced Safety Regulations, the compliance work will be completed by the authorized contractor of the City of Cupertino and the charges for this service will appear on your next property tax bill. If you would like to schedule a courtesy inspection with one of our inspectors or have additional questions regarding the safety compliance of your property, please contact our Fire Prevention Division at (408) 378 -4010 or 1- 800 -800 -1793. Thank you for your cooperation in helping to establish a fire -safe community. Sincerely, Kenneth L. Waldvogel Fire Chief 152 Dear Property Owner: The Santa Clara County Fire Department has made an inspection of your property. The itern(s) checked below are not in compliance with the Wildland -Urban Interface Fire Area safety regulations. Please perform the necessary corrections. A. ❑ Create 30 feet of Defensible Space around your home. To accomplish this, you must clear all flammable vegetation a minimum of 30 -feet around structures. ❑ Create 100 feet of Defensible Space around your home. To accomplish this, create a Green Zone by clearing all flammable vegetation 30 -feet around structures. Additionally, create a Reduced Fuel Zone for the remaining 70 feet or to your property line. B. ❑ Clear ornamental shrubs and trees of dead leaves and branches. C. ❑ Remove all pine needles and leaves from roofs, eaves and rain gutters. D. ❑ Trim tree limbs I 0 -feet from chimneys or stovepipes, and remove dead limbs that hang over rooftops. E. ❑ Cover chimney outlets or flues with a I /2" mesh spark arrester. F. ❑ Post a clearly visible house address, using at least 4" high numbers, for easy identification. A RE- INSPECTION WILL OCCUR ON OR AFTER JUNE I ST. IF, AT THAT TIME, THE REQUIRED CLEARANCE OF FLAMMABLE VEGETATION HAS NOT BEEN COMPLETED, AN AUTHORIZED CONTRACTOR WILL BE INSTRUCTED TO PERFORM THE NECESSARY WORK TO ACHIEVE COMPLIANCE WITH THE ABOVE REGULATIONS. YOU WILL RECEIVE NO FURTHER NQTICE. COST FOR WORK PERFORMED BY THE AUTHORIZED CONTRACTOR WILL BE PLACED ON YOUR PROPERTY TAX BILL. Should you have any questions regarding this notice, please call the Santa Clara County Fire Department, Fire Prevention Division, at 408.378.4010 or 1.800.800.1793. APN# ��¢gL�A coG FIRE Officer's Name (print) Date 153 2011 COUNTY BRUSH ABATEMENT FEES Please be advised that should the abatement work be performed by a County contractor, you will be assessed the contractor's charges plus a County administrative fee of $169.00 per parcel. 2011 COUNTY CONTRACTOR'S BRUSH ABATEMENT PRICE LIST A) Disc Work ** PARCEL SIZE: V Disc + 2 " d Disc = Total Discs 0- 12,500 sq.ft. $324.58 32.45 $357.03 12,501sq.ft.- 43,560sq.ft. $324.5 $43.28 $367.86 Larger than I Acre 21639 4318 $259.67 (PER ACRE) ** It is required that parcels be disced twice a year. The cost for the first discing is higher due to additional work normally required during the first discing. B) HANDWORK $45.99 PER PERSON, PER HOUR C) FLAIL 6 Foot Mower $77.89 PER HOUR MOWING 12 Foot Mower $155.80 PER HOUR D) LOADER WORK $135.25 PER HOUR E) DUMP TRUCK $13525 PER HOUR F) BRUSH WORK $4599 PER HOUR G) BOOM MOWING $17852 PER HOUR G) DUMP FEE 100% Added to orders with debris removal at 100% of the dump site charge. *Please note this program does not offer herbicide application as a method of abatement 154 OFFICE OF THE CITY CLERK UPERTIN CITY HALL 10300 TORRE AVENUE • CUPERTINO, CA 95014 -3255 TELEPHONE: (408) 777 -3223 www.cupertino.org CITY COUNCIL STAFF REPORT Meeting: June 7, 2011 Subs ect Adopt a resolution calling a General Municipal Election on Nov. 8, 2011, to fill two City Council seats. Recommended Action Adopt resolution as presented by staff. Description Council member Kris Wang will be termed out, and Council member Gilbert Wong is eligible to run for one additional four -year term. Discussion Cupertino elections take place in November of odd - numbered years. The City contracts with the County of Santa Clara Registrar of Voters' Office to provide services such as ballot printing, precinct set -up, and vote counting. July 6 is the deadline for submitting the City's resolution to request those services. Prepared by: Kimberly Smith, City Clerk Reviewed by. Carol Atwood, Administrative Services Director Approved for Submission by David W. Knapp, City Manager Attachments: Draft Resolution 155 RESOLUTION NO. 11- A RESOLUTION OF THE CUPERTINO CITY COUNCIL CALLING FOR A GENERAL MUNICIPAL ELECTION TO BE HELD ON NOVEMBER 8, 2011, REQUESTING CONSOLIDATION WITH OTHER NOVEMBER ELECTIONS, AND REQUESTING THAT THE REGISTRAR OF VOTERS CONDUCT THE ELECTION AND CANVASS THE VOTES WHEREAS, November 8, 2011, is the date set by law for the election of council members and for any city measure(s); and WHEREAS, the city clerk is enjoined by law to take all steps necessary for the holding of said election; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Cupertino: 1. A general municipal election is called for November 8, 2011, to fill the two city council seats now occupied by council members Kris Wang and Gilbert Wong. 2. The City of Cupertino requests that the Registrar of Voters of Santa Clara County conduct the elections and canvass the returns. The Registrar shall be reimbursed for all costs incurred by said services; 3. The City of Cupertino requests that said election be consolidated with other November elections, and agrees that this governing body consents to such consolidation; 4. The city clerk is hereby authorized and directed to certify to the adoption of this resolution, and to transmit a certified copy to the Registrar of Voters and to the Board of Supervisors of Santa Clara County. 5. The city clerk is authorized and directed to publish a notice of election within the time and in the manner specified in California Elections Code 12111. PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this 7 th day of June, 2011, by the following vote: Vote Members of the City Council AYES: NOES: ABSENT: ABSTAIN: ATTEST: Kimberly Smith, City Clerk Gilbert Wong, Mayor 156 OFFICE OF THE CITY MANAGER UPERTIN Subs ect CITY HALL 10300 TORRE AVENUE • CUPERTINO, CA 95014 -3255 TELEPHONE: (408) 777 -3212 www.cupertino.org CITY COUNCIL STAFF REPORT Meeting: June 7, 2011 Consider cosponsoring and granting a fee waiver to the United States Army for an event to be held on June 14, 2011. Recommended Action: Approve requested fee waiver of $320. Description: The Continental Army was established 236 years ago. The Army has requested use of the Quinlan Community Center Terrace and Social Room for four hours on June 14, 2011, in order to hold a community celebration of its 236th birthday and to conduct a meeting of its Silicon Valley Citizens Advisory Board. Discussion: The Army was established to defend the colonies and secure their independence. Over the years the nature of military service, and of the families of those who serve, has changed profoundly. Families of soldiers that once lived on base, now live throughout our community. In addition to recognizing those who serve our nation as part of an all- volunteer army, the proposed celebration and ceremony will be followed by a public meeting at which the Army will solicit public input and participation in an ongoing effort to support its soldiers, their families, and the communities in which they live. Prepared by Rick Kitson, Public and Environmental Affairs Director Approved for Submission by David W. Knapp, City Manager 157 PUBLIC WORKS DEPARTMENT UPERTIN CITY HALL 10300 TORRE AVENUE • CUPERTINO, CA 95014 -3255 TELEPHONE: (408) 777 -3354 www.cupertino.org CITY COUNCIL STAFF REPORT Meeting: June 7, 2011 Subi ect 2011 Contractual Street Sweeping Services. Recommended Action Review bids and award contract for Street Sweeping Services, Project No. 2011 -02 to Contract Sweeping Services, Inc. in the amount of $117,097.68, and approve a contingency of $20,000 to cover extra sweeping that may be required on the commercial route, for a total of $137,097.68. Discussion This project is for annual Street Sweeping Services and is funded in the Resource Recovery and the Non Point Source budgets. The project consists of the Contractor sweeping City commercial and residential streets throughout the year. Residential and commercial streets are swept two times per month and Foothill Boulevard will be swept three times a week. Staff is in discussion with Stevens Creek Quarry, Inc. and LeHigh Cement, Inc. for a cost sharing agreement for the sweeping of Foothill Boulevard. The term of the agreement is five years with satisfactory performance, starting on July 1, 2011 and can be extended for an additional five years, for a total of ten years. Upon one year of satisfactory performance the contract price will be increased or decreased based on the consumer price index (CPI) for all union wage earners on the anniversary date of the agreement. The following is a summary of the bids received for the project: BIDDER BASE BID Budget Estimate $200,000.00 Broom Service Inc. $197,113.92 Universal Building Services $179,904.00 Clean Sweep $143,724.00 Contract Sweeping Services $117,097.68 The low bidder is Contract Sweeping Services, Inc. for the amount of $117,097.68. As part of this bid there are items for Emergency and Scheduled Extra Work as needed on an hourly rate basis or on a curb mile rate basis. When necessary this work would be billed in addition to the monthly miles swept. 158 Contract Sweeping Services, Inc. bid on this project in the past. Our current sweeping contract is Don and Mike's Commercial Sweeping, Inc. Don and Mike's Commercial Sweeping, Inc. contract price is $144,084, plus $18,000 for potential extra sweeping. Fiscal Impact This action would require expenditure from the approved Resource Recovery Budget Account No. 520- 8003 -7106 in the amount of $57,097.68 and from the Non Point Source Budget Account No. 230 - 8004 -7014 in the amount of $60,000.00, and additional expenditures thereafter from the Resource Recovery Account up to an additional $20,000, if emergency or additional sweeping is required. Prepared by : Roger Lee, Assistant Director of Public Works Reviewed by : Timm Borden, Director of Public Works Approved for Submission by : David W. Knapp, City Manager Attachments None 159 PUBLIC WORKS DEPARTMENT UPERTIN CITY HALL 10300 TORRE AVENUE • CUPERTINO, CA 95014 -3255 TELEPHONE: (408) 777 -3354 www.cupertino.org CITY COUNCIL STAFF REPORT Meeting: June 7, 2011 Sub, ect 2011 Contractual Janitorial Services. Recommended Action Review bids and award contract for Janitorial Services, Project No. 2011 -01 to Clean Innovation, Inc. in the amount of $373,800.00. Discussion This contract is for annual Janitorial Services and is funded in various budgets within the General Fund. The project consists of the contractor providing annual Janitorial Services to thirteen facilities, bus stop locations, and park restrooms. The term of the agreement is two years with satisfactory performance, starting on July 1, 2011 and can be extended on a year -to -year basis for two additional one -year terms, for a total of four years. Upon one year satisfactory performance the contract price will be increased or decreased based on the consumer price index (CPI) for all union wage earners. The following is a summary of the bids received for the project: BIDDER BASE BID Total Quality Maintenance, Inc. $496,212.00 Budget Estimate $400,000.00 Clean Innovation, Inc. $373,800.00 The low bidder is Clean Innovation for the amount of $373,800.00. Clean Innovation, Inc. has been our current provider of contract Janitorial Service since 2007. Their work has been acceptable. The current annual cost for Janitorial Service is $326,028. The primarily reason for the increase is the addition of a "day porter" at the Library /Community Hall. In addition to the City of Cupertino, Clean Innovations provide services to the Santa Clara Valley Water District, County of Monterey, and Fujitsu America. 160 Fiscal Impact This action would require expenditures from various General Fund Accounts: Facilities — $308,880.00, Grounds - $60,600.00, and Right of Way Maintenance - $4,320.00 and then annually for up to four years total with CPI adjustment. Prepared by : Roger Lee, Assistant Director of Public Works Reviewed by : Timm Borden, Director of Public Works Approved for Submission by : David W. Knapp, City Manager Attachments: None 161 PUBLIC WORKS DEPARTMENT UPERTIN CITY HALL 10300 TORRE AVENUE • CUPERTINO, CA 95014 -3255 TELEPHONE: (408) 777 -3354 www.cupertino.org CITY COUNCIL STAFF REPORT Meeting: June 7, 2011 Sub, ect 2011 Contractual Crossing Guard Services. Recommended Action Review bids and award contract for Crossing Guard Services, Project No. 2011 -03 to American Guard Services, Inc. in the amount of $118,540.80. T)i ern i eci nn This contract is for annual Crossing Guard Services and is funded from the General Fund. The project consists of the contractor providing Crossing Guard Services to twelve (12) intersections throughout the school year. The term of the agreement is two years with satisfactory performance, starting on July 1, 2011 and can be extended on a year -to -year basis for two additional one -year terms, for a total of four years. Upon one year satisfactory performance the contract price will be increased or decreased based on the consumer price index (CPI) for all union wage earners. The following is a summary of the bids received for the project: BIDDER BASE BID Budget Estimate $137,500.00 All City Management Services, Inc. $121,737.60 American Guard Services, Inc. $118,540.80 The low bidder is American Guard Services, Inc. for the amount of $118,540.80. American Guard Services, Inc. provides crossing guard services for the Cities of Davis and Concord. The City of Cupertino currently contracts with All City Management, at an annual cost of $134,429 plus approximately $24,000 for the addition of two crossing guards at the tri- school area. This new agreement includes the tri- school additions. The contract with All City Management expires June 30, 2011. 162 Fiscal Impact This action would require expenditure from the approved General Fund Budget Account No. 110 - 8201 -7014 in the amount of $118,540.80, and then annually for up to four years total with CPI adjustment. Prepared by : Roger Lee, Assistant Director of Public Works Reviewed by : Timm Borden, Director of Public Works Approved for Submission by : David W. Knapp, City Manager Attachments: None 163 PUBLIC WORKS DEPARTMENT UPERTIN CITY HALL 10300 TORRE AVENUE • CUPERTINO, CA 95014 -3255 TELEPHONE: (408) 777 -3354 www.cupertino.org CITY COUNCIL STAFF REPORT Meeting: June 7, 2011 Subs ect Second reading of an ordinance to place stop signs on Bandley Drive at Mariani Avenue. Recommended Action Conduct second reading of Ordinance No. 11 -2078, Amending Section 11.20.030 of the Cupertino Municipal Code Relating to Establishment of All Directional Vehicular Stop Required at Certain Intersections; Bandley Drive at Mariani Avenue. Discussion On May 3, 2011 conducted the first reading of the Municipal Code amendment to establish an all directional vehicular stop controlled intersection at Bandley Drive and Mariani Avenue Authority is granted to local jurisdictions to place stop signs through Section 22450(b) of the CVC, which states, "Notwithstanding any other provision of law, a local authority may adopt rules and regulations by ordinance or resolution providing for the placement of a stop sign at any location on a highway under its jurisdiction where a stop sign would enhance traffic safety." No other changes have been made to the Ordinance since it was last presented to the Council. Fiscal Impact The cost of installing the signs and striping on Bandley Drive is incorporated into the annual operational budget of Public Works staff. There is no additional fiscal impact for this work. Prepared by. David Stillman, Senior Civil Engineer Reviewed by. Timm Borden, Director of Public Works Approved for Submission by. David W. Knapp, City Manager Attachments* Attachment A - Ordinance Attachment B - Diagram of the intersection 164 ORDINANCE NO. 11 -207 8 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CUPERTINO AMENDING SECTION 11.20.030 OF THE CUPERTINO MUNICIPAL CODE RELATING TO ESTABLISHMENT OF ALL - DIRECTIONAL VEHICULAR STOP REQUIRED AT CERTAIN INTERSECTIONS; BANDLEY DRIVE AT MARIANI AVENUE The City Council of the City of Cupertino does hereby ordain that Section 11.20.030 be amended to include the following: Section 11.20.030 All- Directional Vehicular Stoll Reauired at Certain Intersections. Bandley Drive at Mariani Avenue INTRODUCED at a regular meeting of the City Council of the City of Cupertino this 3rd day of May, 2011 and ENACTED at a regular meeting of the City of Cupertino this 7th day of June, 2011 by the following vote: Vote Council Members AYES: NOES: ABSENT: ABSTAIN: ATTEST: Kimberly Smith, City Clerk Gilbert Wong, Mayor, City of Cupertino 165 0 w J D Z a m JL MARIAM AVE I M�Ihh