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06-21-11 Searchable PacketTable of Contents Agenda..... ..............................3 Accounts Payable for period ending May 27, 2011 Draft Resolution . . . . . . . . . . . . . . . . . . . . . . . . . . 9 Accounts Payable for period ending June 3, 2011 Draft Resolution . . . . . . . . . . . . . . . . . . . . . . . . . . 18 Grant of Easement for Roadway Purposes, Vijay Kumar Eranti, 22641 Alcalde Road, APN 342 -29 -036 Draft Resolution . . . . . . . . . . . . . . . . . . . . . . . . . . 28 Grant of Easement . . . . . . . . . . . . . . . . . . . . . . . . 29 Map... .............................33 Grant of Easement for Roadway Purposes, Jin Feng Chou and Lillian Chou, 10207 Orange Avenue, APN 357 -15 -036 Draft Resolution . . . . . . . . . . . . . . . . . . . . . . . . . . 34 Grant of Easement . . . . . . . . . . . . . . . . . . . . . . . . 35 Map... .............................39 Municipal Improvements, Sridhar Obilisetty and Jayanthi Sridhar, 10171 Lebanon Drive, APN 342 -14 -008 Staff Report . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40 Map... .............................41 Municipal Improvements, Roger Low and Jinling Low, 21988 McClellan Road, APN 356 -08 -027 Staff Report . . . . . . . . . . . . . . . . . . . . . . . . . . . . 42 Map... .............................43 Ratify the sale of property located at 10346 Scenic Blvd., Cupertino, California staff report . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 44 Draft Resolution . . . . . . . . . . . . . . . . . . . . . . . . . . 46 Map... .............................48 Bank Appraisal . . . . . . . . . . . . . . . . . . . . . . . . . . 49 Conduct public hearing and adopt Fiscal Year 2011 -12 Budget Staff Report . . . . . . . . . . . . . . . . . . . . . . . . . . . . 73 Draft Resolution A . . . . . . . . . . . . . . . . . . . . . . . . . 74 Draft Resolution B . . . . . . . . . . . . . . . . . . . . . . . . . 76 Draft Resolution C . . . . . . . . . . . . . . . . . . . . . . . . . 77 Consider the appeal of Code Enforcement's denial of Massage Permit Application No. 11- 000165, Connie Linh Nguyen Staff Report . . . . . . . . . . . . . . . . . . . . . . . . . . . . 79 Exhibit A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 81 Exhibit B . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 82 Exhibit C . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 83 Exhibit D . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 84 Exhibit E . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 85 Exhibit F . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 86 Exhibit G . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 90 1 Exhibit H . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 91 Exhibit I . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 92 Award of contract for 2011 Pavement Maintenance Project Staff Report . . . . . . . . . . . . . . . . . . . . . . . . . . . . 93 Attachment A - List of streets to receive pavement maintenance treatment . . . . . . . . . . . . . . . . . . . . . . 94 Attachment B - Contract for Public Works . . . . . . . . . . . . . 95 Terms and conditions of employment for the Cupertino Unrepresented (Management and Confidential) Employees Staff report . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 101 Draft Resolution A . . . . . . . . . . . . . . . . . . . . . . . . . 103 Draft Resolution B . . . . . . . . . . . . . . . . . . . . . . . . . 104 Unrep Compensation Package . . . . . . . . . . . . . . . . . . 105 Transient Occupancy Tax ballot measure Staff Report . . . . . . . . . . . . . . . . . . . . . . . . . . . . 131 Draft Resolution . . . . . . . . . . . . . . . . . . . . . . . . . . 134 Exhibit A - Draft Ordinance . . . . . . . . . . . . . . . . . . . . 137 Unscheduled vacancy on Technology, Information, and Communications Commission (TICC) with a term ending January 2015 Staff Report . . . . . . . . . . . . . . . . . . . . . . . . . . . . 140 Consider canceling a meeting(s) in summer Staff Report . . . . . . . . . . . . . . . . . . . . . . . . . . . . 141 Calendar . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 142 P CUPERTINO AGENDA CUPERTINO CITY COUNCIL — REGULAR MEETING CUPERTINO REDEVELOPMENT AGENCY — REGULAR MEETING 10350 Torre Avenue, Community Hall Council Chamber Tuesday, June 21, 2011 6:00 PM CITY COUNCIL & REDEVELOPMENT AGENCY JOINT MEETING ROLL CALL — 6:00 PM CLOSED SESSION Subject Conference with Real Property Negotiator (Gov't Code 54956.8); Property: 10800 Torre Avenue, Cupertino, CA 95014; Negotiator: Timm Borden; Under negotiation: terms Page No written materials in packet PLEDGE OF ALLEGIANCE — 6:45 PM ROLL CALL CEREMONIAL MATTERS — PRESENTATIONS POSTPONEMENTS — Postpone item number 9 to Aug 2 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. 3 Tuesday, June 21, 2011 Cupertino City Council Cupertino Redevelopment Agency 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. 2. Subject Accounts Payable for period ending May 27, 2011 Recommended Action Adopt Resolution No. 11 -094 Draft Resolution Page 9 Subject Accounts Payable for period ending June 3, 2011 Recommended Action Adopt Resolution No. 11 -095 Draft Resolution Page 18 4. Subject Grant of Easement for Roadway Purposes, Vijay Kumar Eranti, 22641 Alcalde Road, APN 342 -29 -036 Recommended Action Adopt Resolution No. 11 -096 Description The property owner of this residential development agrees to grant to the City an easement for public roadway purposes, together with the right to construct, operate, repair and maintain public utilities and improvements, over a portion of the property Draft Resolution Grant of Easement Map Page 28 5. Subject Grant of Easement for Roadway Purposes, Jin Feng Chou and Lillian Chou, 10207 Orange Avenue, APN 357 -15 -036 Recommended Action Adopt Resolution No. 11 -097 Description The property owners of this residential development agree to grant to the City an easement for public roadway purposes, together with the right to construct, operate, repair and maintain public utilities and improvements, over a portion of the property Draft Resolution Grant of Easement Map Page 34 6. Subject Municipal Improvements, Sridhar Obilisetty and Jayanthi Sridhar, 10171 Lebanon Drive, APN 342 -14 -008 Recommended Action Accept Municipal Improvements Description The work included sidewalk, curb & gutter, and underground utilities Staff Re ort Map Page 40 n Tuesday, June 21, 2011 Cupertino City Council Cupertino Redevelopment Agency 7. Subject Municipal Improvements, Roger Low and Jinling Low, 21988 McClellan Road, APN 356 -08 -027 Recommended Action Accept Municipal Improvements Description improvements Staff Re ort Map Page 42 The work included sidewalk, curb & gutter and driveway approach 8. Subject Ratify the sale of property located at 10346 Scenic Blvd., Cupertino, California Recommended Action Adopt Resolution No. 11 -098 staff report Draft Resolution Map Bank Appraisal Page 44 ITEMS REMOVED FROM THE CONSENT CALENDAR (above) PUBLIC HEARINGS 9. Subject Municipal Code Amendment to Chapter 19.28 Recommended Action Postpone to August 2 Description Applications: MCA - 2011 -03, EA- 2011 -05; Amendment to Chapter 19.28, R1 Zones to improve readability and consistency and to evaluate the requirements for Sloped Single Family Residential Lots, the 2 -story design review process, public noticing & story poles; Applicant: City of Cupertino; Location: Citywide Page No written materials in packet 10. Subject Conduct public hearing and adopt Fiscal Year 2011 -12 Budget Recommended Action a. Grant a negative declaration b. Adopt Resolution No. 11 -099 establishing an Operating and Capital Budget for Fiscal Year 2011 -12 c. Adopt Resolution No. 11 -100 establishing an Appropriation Limit for Fiscal Year 2011 -12 d. Adopt Resolution No. 11 -101 establishing an Operating Budget for the Redevelopment Agency for Fiscal Year 2011 -12 Staff Re ort Draft Resolution A Draft Resolution B Draft Resolution C Page 73 UNFINISHED BUSINESS 5 Tuesday, June 21, 2011 Cupertino City Council Cupertino Redevelopment Agency NEW BUSINESS 11. Subject Consider the appeal of Code Enforcement's denial of Massage Permit Application No. 11- 000165, Connie Linh Nguyen Recommended Action Uphold staff s decision to deny Massage Permit Application No. 11- 000165, Connie Linh Nguyen Staff Report Exhibit A Exhibit B Exhibit C Fxhihit D Exhibit E Exhibit F Exhibit G Exhibit H Exhibit I Page 79 12. Subj ect Award of contract for 2011 Pavement Maintenance Project Recommended Action Authorize Director of Public Works to award construction contract Description Staff recommends that Council authorize the Director of Public Works to award the construction contract for the 2011 Pavement Maintenance Project, based on bids to be received June 28, 2011 Staff Report Attachment A, List of streets to receive pavement maintenance treatment Attachment B - Contract for Public Works Page 93 13. Subject Terms and conditions of employment for the Cupertino Unrepresented (Management and Confidential) Employees Recommended Action Adopt Resolution No. 11 -102 amending the Unrepresented Compensation Program and Resolution No. 11 -103 amending the Administrative Rules and Regulations of the Personnel Code Staff report Draft Resolution A Draft Resolution B Unrep Compensation Package Page 101 0 Tuesday, June 21, 2011 Cupertino City Council Cupertino Redevelopment Agency 14. Subject Transient Occupancy Tax ballot measure Recommended Action Do one of the following: a. Adopt Resolution No. 11 -104 submitting to the voters at the November 8, 2011 General Municipal Election an ordinance increasing the transient occupancy tax paid by hotel guests from 10% to 12 %; or b. Defer the measure at this time and direct staff to undertake further study and report back with options regarding such a measure at a future election Staff Re ort Draft Resolution Exhibit A - Draft Ordinance Page 131 15. Subject Unscheduled vacancy on Technology, Information, and Communications Commission (TICC) with a term ending January 2015 Recommended Action Do one of the following: a. Appoint at this meeting one of the previously interviewed candidates; or b. Direct staff to continue advertising to accept additional applications, and schedule an interview date Staff Re ort Page 140 16. Subj ect Consider canceling a meeting(s) in summer Recommended Action Provide direction to staff Staff Re ort Cn1Pnrlar Page 141 ORDINANCES STAFF REPORTS COUNCIL REPORTS ADJOURNMENT 7 Tuesday, June 21, 2011 Cupertino City Council Cupertino Redevelopment Agency 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. RESOLUTION NO. 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 27, 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 fiinds for payment hereof; and WHEREAS, the said claims and demands have been audited as required by law. NOW, THEREFORE, BE IT RESOLVED, that the City Council hereby allows the following claims and demands in the amounts and from the funds as hereinafter set forth in Exhibit "A ". CERTIFIED: Director of Administrative Services PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this day of , 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 9 ri H n N as 1p r to m H m ko v 'A p m m a o 0 N m W w o o 10 10 a r m H a a H rO o N o mr d' LnN 101041 o O m mI9 m 0 m1001 O m 1r m o O O O of N o m a' o m Ln r M Ln f� Ln dl N o o -4' 1 m m O Ln N r m m W T ill o m N m m 61 W 10 W 10 M r H W H H dl d W d' 't W N Ln m O Ln 1D N O r yI �' r N Ln O Ill ri N M d' N d' d P: al U 1 H H N In N H f 1 ri J F i7 U U� Q O O O Q Q p o 0 0 n 0 0 0 n C) C Q O Q 0 0 0 0 0 0 0 0 0 0 0 O 0 p O 0 o o 0 0 0 p a p O n n n 000 n O O O d O O O n O O O H 6 O O O O x 0 0 0 0 0 0 0 0 0 0 O O o 0 o O O o 0 0 o O O O O O u) W M \ H h CL I O M m \ O ul a p rr m rn O or, w rr z u a u a oa`"i O w o m 0 H M U H H H 2 \ r1 H Q El N U H H U H m to X O H H C % N 9 M M Q a \ n !1 Ill N O O Pi U '� U N W q \\ H HH HH H H H N ul o a uJ r r ?i U m H tN 1 I ��-I A 'ZI \ CA U n l0 1D ri H H H ri H r°I H H 2 ul \\ m O W 117 O fj] a' 1 1 \ \ \\\ \ \ \\ H w O a' V' 1 O A \ a O O !n In Ln In In Ln Ln m Ln O P: \ r-I H in a s U P: P' G' H H Q H Q I H \\ N NNNN NNNN m RI PI W W W rA H H ri A A .A A A N U W P4 Q A N H W H \ U 01 O U N a \ r * r r a W W al IV a tl 1 a' (n U ul (14 3t p H W U 0 N O px H 0 w H z 7 04 O w w a H Hddr H HM m IT HIn H O O O N O of W z cn q 0 0oa W OOOOO oo Ho O A ,1 w a H \ N In N C) Ln In 1n m m m m 1f1 In I i ll /1 W m H W m m N H 1D 1,0 m m m m W m mm CII * 0 W m W mm r 3'�' m III m 10 14 I O O o O Q O g O Q O O O Q Q Q O a O O Q o Q O Q Q Q CI- n Q O W co U w n H H Hl0 HHH H H HH HH H Ln HH H H HH H m N M m H w w A o o [., $ H In H 'z ,� Ln H ri ,A rt M In H .1 H H H H Ln H H H z ri ri .1 H H rl a a' 10 W ri Z l IV w s w V U m z H O m a l H 2 z 2 u) IH 2 O ul O H H H CIJ Z:J p ! 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N C) C) A 0 ,-) Fi IL u td f' H z �4 H _u H H u Ix O V W H rC H H F Ix 4 (n ri U H N d L7 vl (o Ot-I O rl H www m I Ft; H W LJ �l E I m Yf I I O H F a H 94 c U ri to d� W a� Q aaaaa I W Pa PI of 0L ol ol P�P, ol H 04 w o N H o o Q H O o" H \ In m Ill Ifl In 0 0 0 0 0 H i H H H W A H,1 ri Ei H Ei Ei E+ 0 0 0 0 0 LL W LL RI W W W W W W Q Q Q Q Q w W w W W U U U H H H H H H H W W Ss. Gi [N W Wfu fz, Fu 00000 U1 U \ Sn 'D w fzW > W (�a�j H Pi P4 2 F-4 1 H (o I1: H u5 W N N W 0 co H W r `I W x H �21 z� z H \ Ifl i U r-1 0 000 \ O O H \ O \ H H H H o m d• F w o In W o E E fi E (n m \ N \ m m w \ H \ W (o \ w \ EEEE I U O 1 l0 .T. 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N C) C) A 0 ,-) Fi IL u td f' H z �4 H _u H H u Ix O V W H rC H H F Ix 4 (n ri U H N d L7 vl (o Ot-I O rl H www m I Ft; H W LJ �l E I m Yf I I O H F a H 94 c U ri to d� W a� Q aaaaa I W Pa PI of 0L ol ol P�P, ol H 04 w o N H o o Q H O o" H \ In m Ill Ifl In 0 0 0 0 0 H i H H H W A H,1 ri Ei H Ei Ei E+ 0 0 0 0 0 LL W LL RI W W W W W W Q Q Q Q Q w W w W W U U U H H H H H H H W W Ss. Gi [N W Wfu fz, Fu 00000 U1 U \ Sn 'D w fzW > W (�a�j H Pi P4 2 F-4 1 H (o I1: H u5 W N N W 0 co H W r `I W x H �21 z� z H \ Ifl i U r-1 0 000 \ O O H \ O \ H H H H o m d• F w o In W o E E fi E (n m \ N \ m m w \ H \ W (o \ w \ EEEE I U O 1 l0 .T. 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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 JUNE 3, 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 ". CERTIFIED: 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 Cit y Council AYES: NOES: ABSENT: ABSTAIN: ATTEST: Kimberly Smith, City Clerk APPROVED: Gilbert Wong, Mayor, City of Cupertino in a H LA m 0 N H Y H ts] W J N UI J I G f a 2 PH PH H H FIP H PH H H H "I- H PH W" H H r HHH H P p PH PHP PH H H PH PH H r r n O O O O O O o 0 o d O 0 0 0 P O 0 0 0 0 0 d d b O o 0 0 0 0 0 0 0 o d d b tl P Q o 0 0 0 O O �rl N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N U1 O O o 0 0 o b 0 0 0 P o 0 0 0 0 0 0 o O p O O P O O b b a d d d tl d 0 0 p o 0 0 0 0 0 0 O O .Y C1 [1 H C) I m mmmmmmmm m m 0) 0l Ol 0I 0" m m Ol 0lm m m m m m m m m m m m mmm m mm mm mm m m m m w Y fIl U1 Ul l/] UI 111 l/'S In In VI [}l Ul Ul In Vl lR ill In to In [n In iSl Ul In [n Ul U1 In iSl W In m m VI Ul In Ill VI [FI If Cn U'S Ul In Ln n H m m m m W W W m m m m m m m m m m m m m Do m >b m W W W W W W W W W W m m m W m m m m m m m m o W W W W W W la W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W N m mmmmmm0l 6lmmmmmmmOlmmmm Mm mmdlm OlmmmmmmmmOl a, mmmmmm U1 W 0 1 A O C 0 0 0 0 0 o tl 0 4 P O o 0 0 0 0 0 0 0 0 0 0 0 0 o P o a d o p O o C7 O 4 p 4 0 0 0 0 0 o O O O H m mmmmmmmm61m m 0l/f101 4l mmM 0" Ol m m m m m m m m m m m mm m m mm Olm mm m m m In m \\ \ \\ \ \ \ \ \\ \ \\ \ \\ \ \\ \ \\ \ \\ \ \ \\ \ \\ \\ \ \ \ \\ \ \ \\ \ \ ul O O O O O a O 0 0 o b W O O O W W W W P W W tl b W W O d O o 0 0 0 0 0 o a 0 0 0 0 o d b 0 0 0 0 p N W W W W. 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[iJ [iJ [j [i] WW L-i W r LA �l rb r r r H rr r H "� R I , I d O o H H n b I 0 0 0 0 0 10 I ,d H b3 0 1 0 n 0 I N I 1 I I I N 'd r �E: n 4 w U} N w N N N N N , L m H mw Inun Vi 4 q H o 0000 Wli o n W o H (n O H O NN NNN Y \ H r r r rr r H H \ !71 H O m O 10 O 0000 H Z po r Id Id Id Id Id Id H IP \ In I w [ 3 m M L-i W O\ Y \ I z z z z z z z ` r a U) H z \ w Id C N Id G IV Ili 1 0 ro GG ce ci m H n H r P I U2 r Vj m O 0 0 0 0 0 0 0 0 0 0 0 0 0 O 0 O o 0 0 0 0 O 0 O 0 O 0 O 4 O O O 0 0 C. O 0 p 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 O d O 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 000 0 000 0 0 0 0 0 0oo o n a 143 I bi r ! N w W w hi m r P m N m cn H a N w P N W IP to a k. r N m m N r H w H W N r m N r '�tl IP In W wo111 W IP qoo to lD N m Lc, m m m N m aUI IPN w w w a, a m to w UL m N m N m r o UI IP H N N N W a ao (n & N N w VIN W a r Ul W N N w w D N lnm W lno 0 -a rm 0 - m O J N IP io In N. UIOtn ma N UIm0 O IP m w w 1D H m N O m IP o a N -imi 1D mom t wmkDN mom rP H m m 26 I-3 0 0 N y tj �7 [J r a N In O � 4 H n 0 H z fit O O ,b E 3 H to x W rl tJ C Cl H � o 0 0 H C b N d ro H I E l 0 Q r1 hi 13 H 0 z F 3 1 E 91 ! s Vi o a 4 Q 0 0 .] a W r w W rP In Ln In O N N W W � C) M H u I nr X o m WII H .. .. Z H H o HO �rn N o y H y hi xl u H O H ri'I U1 r n n�d n N rt y H !ll G7 r N n rt rt t l m P , w rt ro b ro rt rD M ro N n o x r to r n a to w ,b r {q 47 n o H H a Ln 1-] *3 � o [a P V O o I o H G ay P ca W o fv ;v C, H w Z z N y O r ni r O w P O n 0 0 0 b O P n cy H R7 Id N H b7 w 27 RESOLUTION NO. 1I- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO ACCEPTING GRANT OF EASEMENT FOR ROADWAY PURPOSES, VIJAY KUMAR ERANTI, 22641 ALCALDE ROAD, APN 342 -29 -036 WHEREAS, Vijay Kumar Eranti, has executed a Grant of Easement for roadway purposes, which is in good and sufficient form, granting the City of Cupertino, County of Santa Clara, State of California, easement over certain property for roadway purposes situate at 22641 Alcalde Road, more particularly described in Exhibit "A" and "B ", attached hereto and made a part hereof. NOW, THEREFORE, BE IT RESOLVED, that the City of Cupertino accept said grant so tendered; and IT IS FURTHER RESOLVED that the City Clerk is hereby authorized to record said grant and this resolution. PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this 21 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, City of Cupertino GRANT OF EASEMENT FOR ROADWAY PURPOSES APN 342 -29 -036 22641 Alcalde Road Cupertino, CA 95014 Viiay Kumar Eranti, a married man as his sole and separate property, grant(s) to the CITY OF CUPERTINO for public roadway purposes, together with the right to construct, repair, operate, and maintain any and all public utilities and improvements which shall be or become necessary for preservation of the public safety, welfare or convenience, the hereinafter described property which is situated in the City of Cupertino, County of Santa Clara, State of California, and as described as follows: (See Exhibit "A" & "B ") IN WITNESS WHEREOF, executed this` 3� day of 1 2011. Owner: Vijay Kum Eranti (Notary acknowledgment to be attached) 29 State of Califor6a county of on A C, °personally- appeared who, proved itomeon the bas isof satisf-actory evidence to be: the porson(s) whos n is/are's the within inWummt and ad-knowledged to i that at be/sh, elthey vxecuted the. sam'e in,his/her/ . their authorized . capacity(ips-), and that by his/fickbeir 'gpaUjM(S)0&the, i sl nst wnent persou(s), or the: entity upiatt behalf of whicb t�c� persoft(s) OqW, ;executed : the itutrarnent. I certify under PENALTY OYPERJURY'under tbo-laws Of the State of California that the fbrogoingVaragr4ph is true abd borrmt. R. C. -'81NGyH 'o " o H "' ' Call �om! a 'WITNESS� my band and official scal. 9 -San Mateo County ADDITIQ?4AL OPTIONAL INFORMATION INSTRUCTIONS FOR 00NIPLETING THIS FORM DESCRIPTION OF THE -ATFA4afflD DOCAJMSNT (Tit!6-cw-description-of 4t46 a qcl mien o umber of Pages_ bocument, Date . CAPACITY CLMMED'bY THE SIGNER. Q Individual 1-1 Covomte Qfficf-.r kTittb) 0 partner($) Q Attd ey-in-Fa Cl Trdst*s) n Other A Y- 60koaWl ew" OomvkW bt CerItforn ' i.? ,:Punt vowain . verNage 6xicifly ai pppwrw -Nma h th e - notaq. aVcti ©n Or` S � , p-ppPiv pqmpvve4 q aflacked to that d1rC {1 1 1r i' 17 The qr?!y qx"Pfim: fs if ti. to be rmorded ovia'de of CW1 ttangedgment verbiage as mo Na pro? eil on Bmdh a dvement so 4qq: as.-Me tit, verb fage do& nor m4yfro thp. n 61ml M dii that iv , or q ) 11A e ry I if 9tat- aild CO'bnVinfomdtibli Mist be the state and Co unty whom ft documtnt si$nqrts):Pcbcm,q11y appmvo:bWto the, notaLy pob4r, fair oo koowledgm.opt, P Date of notatizagon mustk;g the dat0hatthp sipor(0 petsppalVappea(OA Which miist also be thesarno dat U 4dkfibvvl"d$m6ft( 18'boliipleted. * The ji6tnry public must IAn N3 Or�mc' as �t appe�rs 'Mft b, -L !. Aio� . b in: or CRTMIAM011 Ai7loFVed 6y. a.erommq ant f your tifla.00arypublio). * Print * mamc s) of document tigndr(s) who Vemovally appear -at the time of notarization hid the wTtrqt singular or vbml' foms by crossing tiff inamct fb= (i.e. fiorma. Fail brmcflylndWte th' eiroi the"cor me i . 0) fbo info rmalion may lead to rvjcetion of &CUment rec6rding. The notary wi! ijnpttW' I Pit must be vlciit cover "text -pr lira; If-sea] imprmiqg a SiOature of the notaj ublio-imjst match the.sig6turb oufilevith the bffleevf the colinty dierk. d Jo . �.inrqrmatipA is nQt.rrqqircA but - qi�gld help. to, onsmo this flowlOgment is not Misused or atfau&dttya;diffl� , m:t ' do—oat IndtCH10 600 ©r tYP&Df 4ttacho4 of pag aiid.date.. lfidi6htc thd. capacity claihitd-by the sioa, If the claimed CROACity is a ' indiedta the title (P 1 m"IM00rciary). Swllrol�latf#fh thi-k4mment to fhe signed dj)cptmAt 7C 'a 30 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 CALIFORNIA, 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 89 °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 °23'00" 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 1_ No. 6438 Exp. 12/31/2012 J'J \Q" TOM H. MILO LS NO. 6438 \� O CA I1 %�� EXPIRATION DATE 12/31/2011 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 31 Phone: (408) 806 -7187, Fax. (408) 583 -4006 I i O I 0 0 I I � TRACT 1757 N "BEING A PORTION OF THE 1 z 1 0T o g SAN ANTONIO RANCHO" I -O T 4 LOT 5 N 1 O O I � N ID I� 10' 1 10' PUE S89 °37'00 "E 98.00' SOO'0 1N / /DEDICATION (980 ±SFF) NOO'23'0O "E 9 0,0 0.00 ' / 'I D.0O' POB N89 °37'00 "W 98.00' 0 N O ALCALDE READ o- LANps N89'37'OO "W CV G om H. o IL p N No. 6438 Exp. 12/31 LEGEND & ABBREVIATIONS POB BEGINN qTF O F cA� -�� 32 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: of • Roadway Purposes • •' Road N 10635 ■ RESOLUTION NO. 1I- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO ACCEPTING GRANT OF EASEMENT FOR ROADWAY PURPOSES, JIN FENG CHOU AND LILLIAN CHOU, 10207 ORANGE AVENUE, APN 357 -15 -036 WHEREAS, Jin Feng Chou and Lillian Chou, have executed a Grant of Easement for roadway purposes, which is in good and sufficient form, granting the City of Cupertino, County of Santa Clara, State of California, easement over certain property for roadway purposes situate at 10207 Orange Avenue, more particularly described in Exhibit "A" and "B ", attached hereto and made a part hereof. NOW, THEREFORE, BE IT RESOLVED, that the City of Cupertino accept said grant so tendered; and IT IS FURTHER RESOLVED that the City Clerk is hereby authorized to record said grant and this resolution. PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this 21 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, City of Cupertino 34 n o u . C PUBLICWo yS lif }i MAY GRANT OF EASEMENT FOR ROADWAY PURPOSES APN 337 -15-036 10207 Orange Avenue, Cupertino, CA "014 Jig EM QQH Ind Lillian Chou Trustees of the & and Lillian Chou TEMst grant(s) to the CITY OF CUPERTINO for public roadway purposes, together with the right to construct, repair, operate, and maintain any and all public utilities and improvements which shall be or become necessary for preservation of the public safety, welfare or convenience, the hereinafter described property which is situated in the City of Cupertino, County of Santa Clara,, State of California, and as described as follows- (See Exhibit "A" &'B ") IN WITNESS WHEREOF, executed this 25th day of AARdb 2011. Owner: An Feng C 1 Chou (Notary acknowledgment to be attached) 35 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 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, 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 -15 -036 36 NOTES: -ALL DIMENSIONS ARE IN FEET AND DECIMALS THEREOF. LEGEND 0 o� 0 u� 0 CD 0 0 0 s BOUNDARY LINE NEW LOT LINE OTHER LOTS CENTER LINE - -- — ---- — — DIMENSION LINE P.O.B. POINT OF BEGINNING N 90'00'0 W 100.15' — 95.15' — 5.00' 0 STREET DEDICATION -D 250 SQFT CD D 0 I 0 Ln Li..I 0 0 0 W W Q A • 0 0 CD CD CD w cn B. � P.0.13. �, PLAT MAP FOR STREET DEDICATION ' 10207 ORANGE AVE. CUPERTINO, CA APN- 357 -15 -036 ,ter SMP ENGINEERS EXHIBIT -B l C IVI L ENG SURVEYORS GATE: MARCH 29, 2011 1534 Carob Lana Las ALLos, CA 94024 SCALE : 1 " =20' Tel. (650) 941 -8055 Fox (650) 941 -8755 SMP JOB NO.: 21026 On 0 jS 'x0 I) before me, t°i t 5` u; [� N0 y T {Here,)risertnatticaud file <ottlieoffrccr }: personally appeared 6 Oft to Gt�� 1, U-1 A LA— who proved to me on the basis of satisfactory evidence to be :the person.(s.) �yhos.e.nal�e(�lare subscribed to the within, instrument arid. acknowled&d to me that h�fthey executed the sale ill eft elr 'authorized capacity(ies) ai d that :by li xltli`eir s%g atu ,e(s) on tl�t;" ' tt�mel�t` =the person(s), or the entity upon behalf of Which the person (s) acted, executed the Instrummt. . I certify under PENALTY OF PERJURY lender the laws of the State of Califol-nia that the foregoing paragraph is true and correct. i t)ESTA W1 SS icy hand acid official seat o $ c . .�8y24� �;. - California -,r)w Clara County ` [ � .im. Expires Jun. 10, 2014 (Notary. � Seal signature ofNotatyPublic ADDITIONAL OPTIGNAL INFORMA'T'ION INSTRUCTIONS FOR COMPL BTING THIS FORM DESCPWTION OF THE.ATTACHED DOCI .NffiNT �Jk _ o-A 61 li� (Title or diescrij)64 of attached document) (Title or description -of attached docurill conli:tu d) NutnUerofPages Douut�entDaW 14 (Additional informa(ion) Etiiy -acknd vledgmenl c�axJpfe>ed .h? Ca(rfnrnir must col r7 vei!blage exgefly as gp mts aliova in the notary section of d sepwWo arkw01vledgnrenl 6071 ntrrsf be propwrb+ cotOeied and-rrtfached to 'that clveument, The gnly eweplivii is iv a daetrment isft) be recatded oarlstde ot'GdjaJainica 1n .such irrstmrces, arai a(1e+7?atn!e dckiiuA edgirrent ver'bkr& trrwigy be printed on ai6b a document so long as tho t=e) does not regirire t1fe- l3ttttti)t to dD , srnlretltllrg ihnT IN illEgal,foy a rrdtatye it). Galifarrtfa..(4e certi hig the authorized capacity gftbe,signerJ. Please check the docatmeut: cat of rl)33 fin: notarial mvrding anel attach this form i f regyh - ud. CAPACITY CLAIMED: BY THE SIGNER xt�iviival (sj; D Corporate Officer. (Title) D I'at�tler��}. D Atlormy4ril Fact • Trtlstee(s) • Otbe State and:Go0r0 fnformatiou, must be: the State and County where the document sit;ncr(s)13crsonally dppearecllloloro the n6taY�+ ptibtic for a. ckrlorvleclginecr t: a Date of notarizat on_mnst:.be #era date- tEitit tle.si mer(s) personally Appeared which' tone( else tic (fie satire date theaektrowittdgnseut -is eomplctezt: Thcr notary public must liriiit his or her omp as it appears within his or her comntissian fallawed 6y a. Corinna an lcn your (itle (TIQhr r public,). n Print the names) of document sigiiet(s) who personally. appcar`ai. the thud of notarization. e Indicate the correct singular or plural forms by crossing oft incorrect forms (i.e. Ite(sheAboy- is /at-D) or circling. the.cotrecl forms. Failure to correctly indicate. this information may leW to- rgjwtion of docurriont recordfug, a, The not* seal: impression must be clear and Photographically ieptoducib1c. Impression must,nctt eovcr text or lutes. If seal. impression smudges„ re seal. if.a suftioion €area permits otlleiwisc coiBplctc a tfiff=Ait acknoli1b4aient fitrnii . a signature: of the riotmy public. must [hatch (lid signature on file with the office of the coititycle €k, +? Addtftnal,.irtfonnn # is not required but could help to ensure this acknowledgment is not miswW or attD60d to a different document. •'• Indica.tc'ffle or type of attached'docutitertt; mu ber ofpagcs. and date. • ° a Indicift the capacity; claitilM by qio signer. If the Clain ed capacity is a emporate offteer, intricate the title (f.e. CE0j CF0, Secretary). 0 securclyailaclt tltis'documct tto the s g #ice( dopu 2008 Nct•sian C-APA 02.10.47 800 -873 =9865 www NotaryClwrgs eoru 38 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 21, 2011 Subs ect Municipal Improvements, Sridhar Obilisetty and Jayanthi Sridhar, 10171 Lebanon Drive, APN 342 -14 -008. Recommended Action Accept Municipal Improvements. Discussion The applicants have completed City- specified improvements in the City right -of -way including sidewalk, curb & gutter, and underground utilities as required by the improvement agreement with the City. Prepared by. Glenn Goepfert, Assistant Director of Public Works Reviewed by. Timm Borden, Director of Public Works Approved for Submission by: David W. Knapp, City Manager Attachments: .X 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 21, 2011 Subs ect Municipal Improvements, Roger Low and Jinling Low, 21988 McClellan Road, APN 356 -08- 027. Recommended Action Accept Municipal Improvements. Discussion The applicants have completed City- specified improvements in the City right -of -way including sidewalk, curb & gutter, underground utilities and paving 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: 'A ADMINISTRATIVE SERVICES DEPARTMENT UPERTIN CITY HALL 10300 TORRE AVENUE • CUPERTINO, CA 95014 -3255 TELEPHONE: (408) 777 -3220 www.cupertino.org CITY COUNCIL STAFF REPORT Meeting: June 21, 2011 Sub, ect Ratify the sale of property located at 10346 Scenic Blvd., Cupertino, California Recommended Action Adopt a resolution approving the sale of property located at 10346 Scenic Blvd., Cupertino in the amount of $1,440,000 and authorizing Carol Atwood, the Real Property Negotiator to execute all necessary documents to complete the transaction. Description In January of 2011, the City Manager approached the Council requesting the sale of his home. The City is an equity partner with the Knapps in the residential property located on Scenic Blvd. Although the California Constitution Act XI section 10(b) does not allow cities to require a City Manager to become a resident of the City, this benefit was extended to him as part of his contract when he accepted the City Manager position in 2000. It is Mr. Knapp's intention to move back to his former residence in Los Gatos. He has no plans to retire at this time. The property was listed for sale this Spring and an offer is pending at $1,440,000 with the buyer taking possession on July 14, 2011. The sale is between a willing buyer and seller and followed other offers and counter - offers which were ultimately not successful. Second, the fair market value is reflected in the attached real estate appraisal. The attached resolution and appraisal will formalize this transaction. The Cily purchased the property in 2000 from the former City Manager. The City Manger, David Knapp became an equity partner by contributing a total of $315,000. This consisted of $50,000.00 cash and a loan from the City of $265,000. With a purchase price of $1,400,000 in 2000, Knapp's equity interest ($315,000) is 22.5 %. The City's equity interest is 77.5 %. The terms of the housing agreement provide that upon the sale of the property the remaining balance on the mortgage must be paid to the City. After the remaining balance of the mortgage is deducted from these proceeds and after all costs of sale are paid, the Knapp's will receive 22.5% of the proceeds and the City shall receive 77.5 %. Fiscal Impact The sale of the residence provides approximately $1,250,000 in one -time revenue /loan payments to the General Fund. Prepared by: Carol Atwood Reviewed bv: Carol Korade .. Approved for Submission by. David W. Knapp, City Manager Attachments: Appraisal; Resolution, Track map 45 RESOLUTION NO. 11- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO AUTHORIZING THE SALE OF THE PROPERTY LOCATED AT 10346 SCENIC BOULEVARD, CUPERTINO, CALIFORNIA WHEREAS, the City Council by its Resolution No. 7765, adopted on March 6, 1989, caused the property located at 10346 Scenic Boulevard to be acquired and held jointly with the City Manger, Donald Brown; and WHEREAS, the City Council by its Resolution No. 00 -254, adopted on October 2, 2000, authorized the City's purchase of Donald Brown's interest in the property located at 10346 Scenic Boulevard; and WHEREAS, the City Council by its Resolution No. 00 -261, adopted on October 16, 2000, authorized the execution of an Agreement for Housing Assistance, Purchase of Equity Interest in house and lot located at 10346 Scenic Boulevard by David Knapp, City Manager; and WHEREAS, David Knapp executed the Agreement for Housing Assistance and acquired an equity interest in the property located at 10346 Scenic Boulevard. WHEREAS, the terms of the Agreement for Housing Assistance permit the parties to sell the residence at any time based upon a price which is mutually agreed by the parties; and WHEREAS, the terms of the Agreement for Housing Assistance set forth additional terms for the sale of the residence and adjustments of the equities between the parties; and WHEREAS, the parties desire to sell the residence; and WHEREAS, there has been presented to the City Council a residential purchase agreement for $1,440,000, a price that is mutually agreed by the parties; and WHEREAS, $1,440,000 is the fair market of the residence based on nearby comparable sales[as shown in the attached bank appraisal]; NOW, THEREFORE, BE IT RESOLVED THAT: The property negotiator for the City of Cupertino is authorized to execute on behalf of the City the attached residential purchase agreement and all required escrow documents for the sale of the property located at 10346 Scenic Boulevard for $1,440,000; and The parties shall receive their respective equity shares from the proceeds of the sale in accordance with the terms of the Agreement for Housing Assistance. PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this 21st 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, City of Cupertino 47 3 03 w' ° N Q c O ° O Cd f--I • r.d J--1 • Cc • w-.I � U � C Cc N G� , j N 75 id y � t7 C N U U P. 4--i F"' con _� Cd �. CZ ° rl U r p V 0 �� b P p U .� p 0 P4 0 cz� ° ? ' 3 ° O a) s , 4-0 CIO .. C/) o r o o Y -0 a .i '—' � 0 G ,..0 y y M U � 4 v d � o o a � � o a M > ow 14 O w m s. CS N Vl Iry x p P;U m �+= 0 (1) 3 � Li-4 � '� � ct o ►c r—+ * r i O= 'o o cc ca o m ca `n o a o o BD 0 a o O d °n. ° ar 0 0 ° s a c Q > � 0 m t- (z � - ° N N p as o a 'd cn 'd C O ) G O N p N Q U c N U Q o O y 3 o al O L1 w v C/) ( � o r p o QOO °QO p I • DMITRI ISAEV 50 File No. 01- 11153136 -01A APPRAISAL OF � 3 w REAL PROPERTY LOCATED AT: 10346 SCENIC BLVD. CUPERTINO, CA 95014 -2770 FOR: FLAGSTAR BANK 5151 CORPORATE DR.TROY, MI 48098 BORROWER: LAKSHMAN YAGATI AS OF: JUNE 11, 2011 BY: DMITRI ISAEV THANKYOU FOR YOUR BUSINESS 50 DMITRI ISAEV Uniform Residential Appraisal Report File No. 01-11153136-01A The purpose of this summary a pipralsa l report is to provide the lender /client with an accurate, and adequately supported, opinion of the market value of the subject property. ProperryAddress 10346 SCENIC BLVD. City CUPERTINO State CA Zi Code 95014 -2770 Borrower LAKSHMAN YAGATI Owner of Public Record SEE ADDENDUM FOR DETAILS County SANTA CLARA Legal Description BOOK 357 PAGE 8 LOT 37 Assessors Parcel # 357 -08 -037 Tax Year 2010 R.E. Taxes $ 14 893.56 Nei hborhood Name BLACKBERRY FARM GOLF COURSE Ma Reference 852/A1 Census Tract 5077.03 nt Occu ant X Owner Tenant Vaca S ecia1Assessmems$ PUD HOA$ er ear ermonth Pro a Ri hts A raised X Fee Simple Leasehold Other (describe) AssiqnmentType LXJ Purchase Transaction LJReflnance Transaction LJ Other (describe) Lender /Client FLAGSTAR BANK Address 5151 CORPORATE DR.TROY MI 48098 Is the subject property currently offered for sale or has it been offered for sale in the twelve months prior to the effective date of this appraisal? X Yes No Report data source(s) used, offering price(s), and date(s). Sub - ect has been listed for sale on 04/06/2011 at $1,550 and now under pendin contract at $1,440,000, MLS # 81114882. X did U did not analyze the contract for sale for the subject purchase transaction. Explain the results of the analysis of the contract for sale or why the analysis was not performed. No abnormal conditions noted in that sale. Contract Price $ 1,440 Date of Contract 06/2011 Is the p roperty seller the owner of public record? X Yes LJNo Data Sources NDCData Is there any financial assistance (loan charges, sale concessions, gift or downpayment assistance, etc.) to be paid by any party on behalf of the borrower? I 1Yes X No If Yes, report the total dollar amount and describe the items to be paid. N/A No concessions noted in that sale. Note: Race and the racial composition of the nei hborhood are not appraiser factors- - NeighborhooC Characterisncs :� -.' ,' - =',i _ i0ne- UniEHou3mgTrends = ^„ . ..;. "- One =Unit Hou3ing .. ;,'Present Land Use %^.. Location Urban X Suburban Rural Pro ert Values Increasing X Stable Declining PRICE AGE One -Unit 90 %% Built-Up X over15% 25 -75% Under25% Demand/su X Shorts e In Balance )oversupply $000 rs 2 -4 Unit 2% Growth LJ Rapid L XJ Stable Slow hr Mark - Time X Under3mth Inyprfimths 950 Low 4 Multi-Family 2% % Neighborhood Boundaries Neighborhood boundaries reach Stevens Creek Blvd. to the north 1,790 High 80 Commercial 1% % Foothill Ex - to the west McClellan Road to the south and Freeway 85 to the east. 1,400 Pred. 26 other Parks 5% % Neighborhood Description This sub - ect roe is located in a neighborhood of average to good quality homes. Access to Freeway 85 is g ood. Local arks and shopping centers are nearby. Public and private schools other colleges and universities are within commute distance. Employment centers are within the 15 -45 minutes commute to downtown San Jose and other Bay Area locations. Market Conditions (including support forthe above conclusions) Due to recent sales activity the sub - ect's marketin time is between 1 to 3 months. Current interest rates remain relative) low with some concessions in the form of non-recurring closing costs. The market has been on decline in last 24 months with signs of stabilization in the past 4 -6 months. See Plat Ma Area 9,147 S .Ft. Shap Regular View Nei hborhood in Classification R1 Z oning Description Fmil Sin le a Residence liance X Legal Legal Nonconforming Grandfathered Use) N Zonin Ille al (describe) t and best use of the subject property as improved (or as proposed per plans and specifications) the present use? X Yes No If No, describe. rElec t6ci Public Other(describe) Public Other (describe) Off -site Improvements—Type Public Private X Water X Street As halted X X Sanitary Sewer LX J Li Ailey None FEMA Special Flood Hazard Area LJYes X No FEMA Flood Zone Zone X500 FEMA Map # 06085C/0204 H FEMA Map Date 5/18/2009 Are the utilities and off-site improvements typical for the market area? LXJ Yes C7 No If No, describe. Are there any adverse site conditions or external factors (easements, encroachments, environmental conditions, land uses, etc.)? LJYes X No If yes, describe. See Attached Addendum GENERAL`DESGRIPT(ON _ f00NDATION EXTERIOR DESCRIPTION -" - .materialslcondrtldn INTERIOR.:' - - -- materials/condrcion; Units None 0 One with Accessory Unit Concrete Slab M Crawl Space Foundation Walls Concrete/Average Floors Tile /Wd /Avers e # of Stories One LJ Full Basement LJ Partial Basement Exterior Walls Stucco /Avers a Walls Wood/Average Type X Det. LJAtt. S -Det. /End Unit Basement Area 0 s . ft. Roof Surface ConcreteTile /Av . Trim/Finish Wood/Average W Existing Pro sect LJunderconst. Basement Finish 0 %Gutters &Downs outs Galvanized/Avg. Bath Floor Tile/Average Design (Style) Traditional I Outside En /Exit I J Sump Pump WindowT e Vinyl/Average Bath wainscot Tile/Average Year Built 1989 Evidence of L I Infestation Storm Sashllnsulated Yes/Yes Car Storage Ll None Effective Ace (Yrs) 10 Years JDamDness I I Settlement Screens None LXJ Driveway #of Cars 3 Cars Attic None Heating X FWA HWBB Radiant Amenities WoodStme s # Drii eway Surface Concrete Dro Stair Stairs LJ Other I Fuel Gas LX J Fireplace(s) # 2 X Fence Wood X Gara a #of Cars 3 Floor X Scuttle Cooling Central Air Conditionin X Patio /Deck Conr. X Porch COnOrete I Car ort # of Cars Finished Heated Individual J JOther I I Pool J Other I XA Att. LJ Det. Built -in Appliances LJ Refri erator X Range/Oven X Dishwasher X Dis osal LJMicrowave WasherlD er Other desc be Finished area above qrade contains: 11 Rooms 5 Bedrooms 2.5 Baths 2,727 Square Feet of Gross Living Area Above Grade Additional features (special energy efficient items, etc.). See addendum for additional comments. Describe the condition of the property (including needed repairs, deterioration, renovations, remodeling, etc.). The imp rovements have been maintained in average condition. No external or functional detrimental factors are noted. No adverse or hazardous environmental conditions were noted. Are there any physical deficiencies or adverse conditions that affect the livability, soundness, or structural integrity of the property? Dyes [& )No If Yes, describe. There are no physical deficiencies or adverse conditions that affect the livability, soundness or structural integrity of the pro Does the property generally conform to the neighborhood (functional utility, style, condition, use, construction, etc.)? X Yes 0No If No, describe. The suNect prop g enerally conform to the neighborhood. Freddie Mac F« 70 March 2005 Produced nn0 Ad software ODD .234.aR7— acmeb.mm Fannie Mae From 1004 March 2005 Page 1 or 6 1004 05090909 51 DMITRI ISAEV Uniform Residential Appraisal Report File No. 01-11153136-01A There are 12 comparable p roperti es currently offered for sale in the subject neighborhood ranging in price from $ 1,149 to $ 1 he There are 39 com arable sales in the subject nei hborhood within the past twelve months ran in in sale rice from $ $1.150.000 to $ 1,770,000 FEATURE COMPARABLE SALE NO.1 COMPARABLE SALE NO.2 COMPARABLE SALE NO.3 10346 SCENIC BLVD. 10326 SCENIC BLVD. 10332 SCENIC CIRCLE 10465 SAN FERNANDO AV. Address CUPERTINO CUPERTINO CUPERTINO CUPERTINO Proximity to Subject 0.05 miles N 0.12 miles SSE 0.25 miles ESE Sale Price $ 1,440,000 ` " : -' =. $ 1,555,000 $ 1,385,000 1,450,000 Sale Price/Gross Liv. Area $ 528.05 s . ft. S 510.34 s . h. $ 529,037q fL $ 562.45 s . ft. ] Data Source(s) Inspection MLS # 81106852/DOM 9 1 MLS # 81113468/DOM 8 MLS # 81100228/DOM 77 Verification Sources Data nick DOC# 0021120400 /NDCData DOC# 0021196718/NDCData DOC# 0021090025 /NDCData VALUE ADJUSTMENTS DESCRIPTION DESCRIPTION 11sAd'asaaanr DESCRIPTION +(•)sAdjustment DESCRIPTION ()sAd'uslmenl Sale or Financing N/A', Conventional Conventional Conventional Concessions:. None None None Date ofSalerrime 06/2011: 03/24/2011 -COE 06/03/2011 -COE 02/22/2011 -COE Location Good Good Good Good Leasehold /Fee Simple Fee Simple Fee Simple Fee Simple Fee Simple Site 9,147 Sq. Ft. 8 000 Sq. Ft 10 000 17,405 S .Ft 20 8 S .Ft View Neighborhood Neighborhood Neighborhood Neighborhood Desig (Style) Traditional Traditional Traditional Traditional Quality of Construction Average Average Average Average Actual Age 22 Years 22 Years 34 Years 16 Years Condition Average Average Average Average Above Grade Total Bdrms Baths Total Bdnns Baths Total Bdrms. Baths Total Bdrms Bales Room Count 11T F 2.5 111 5 1 3.5 -10,000 9 5 2.5 9 41 2.5 Gross Livinq Area 50 2 s . ft. 3 s . ft. -16 2,618 s . fL 5,500 2,578 s . ft. 7 Basement & Finished None None None None Rooms Below Grade None None None None Functional 1.1fility Average Average Average Average Heating/Cooling FAU /None FAU /None FAU /None FAU /Central A/C -5 Energy Efficient Items T ical Typical Typical Typical •_ GaragetCarport 3 Car Garage 3 Car Garage 2 Car Garage 10 2 Car Garage 10,000 Porch /Patio/Deck Porch Patio Porch Patio Porch Patio Porch Patio Fireplaces 2 Fireplaces 2 Fireplaces 1 Fireplace 5,000 2 Fireplaces = Fence Pool etc Fence /None Fence /None Fence /None Fence /None • Upgrades Upgraded Similar Similar Similar Net Ad'ustment(Total) + X - $ 16 000 X + $ 40 500 X + $ 12 Adjusted Sale Price `Net Adj. -1.0 %% Net Adj. 2.9% % Net Adj. 0.9% % oFComarables GmssA'.2.3 %% $ 1 GmssAd'.2.9 %% $ 1 GrossAd'.1.6a /o% $ 1 I Xdid did not research the sale or transfer history of the subject property and comparable sales. If not, explain Sub'ect has been listed for sale on04 /06/2011 at $1,550 and now under pending contract at $1 MLS # 81114882. M research Udid LXJ did not reveal any prior sales or transfers of the subject property for the three years pr ior to the effective date of this appraisal. Data source(s) NDCData REIL info Link Win2Data M research did X did not reveal any prior sales a transfers of the comparable sales for the year prior to the date of sale of the comparable sale. Data sources NDCData REIL info Link Win2Data Report the results of the research and analysis ofthe prior sale or transfer history of the subject property and com arable sales (report additional priorsales on Paqe 3). ITEM SUBJECT COMPARABLE SALE NO.1 COMPARABLE SALE NO.2 COMPARABLE SALE NO.3 Date of PriorSale/rransfer Has not transferred Has not transferred Has not transferred Has not transferred Price of PriorSale/rransfer In Previous 36 Months. In Previous 12 Months. In Previous 12 Months. In Previous 12 Months. Data Source(s) NDCData NDCData NDCData NDCData Effective Date of Data Source(s) 06/2011 06/2011 06/2011 0612011 Analysis of prior sale or transfer history of the subject property and comparable sales Subject has been listed for sale on 04/06/2011 at $1,550,000 and now under pending contract at $1,440,000 MLS # 81114882. Summary of sales Comparison Approach. All com arables located in close proximity to the subject. Gross living area was adjusted at $50.00 per square foot and lot size difference adjusted at $10.00 per square foot. Extra bath and garage s ace er stall adjusted at $10,000 fireplace and central A/C system adjusted at $5 OOO.A raiser wasn't able to provide comparable pending sale due to the shortage of such com arables at that time. Due to the average deviation of median sale price as of % of listing rice of 2 % - 5% appraiser adjusted comp 5 active listing, by 5 %. No other ad'ustments were required. Indicated Value by Sales Comparison Approach $ 1, 440,000 Indicated Value by: Sales Comparison A roach$1,440 000 Cost Approach (ifdevelo ed)$ 1,440,000 IncomeApp (if developed) s N/A The Sales Comparison Approach measures actual buyer-seller activity in the market and is the most reliable indicator of residential market value. The IncomeApproach was not developed due to lack of rental homes and a market GRM. The Cost Approach is not a Iicable. ' This appraisal is made X "as is," U subject to completion per plans and specifications on the basis ale hypothetical condition that the improvements have been completed, ❑ subject to the following repairs or alterations on the basis of a hypothetical condition that the repairs or alterations have been completed, or ❑ subject to the fallowing required inspection based on the extraordinary assumption that the condition or deficiency does not require alteration or repair: This is a summary report of a com lete appraisa l as defined by SR 2 -2 b USPAP. • Based on a complete visual inspection ofthe interior and exteriorareas ofthe subject property, defined scope ofwork, statement of assumptions and limiting condit ions, and appraiser's certification, my (our) opinion ofthe market value, as defined, ofthe real property that is the subject ofthis report is s 1, 440,000 asof June 11 2011 , which is the date of inspection and the effective date ofthisappraisal. Freddie Mac Form 70 March 2005 Paad,.ad using ACI software. 800.2349727— a Fannie Mae Fm 1004 March 2005 Page 2 of b 1004_05 090M AppraisallH�b DMITRI ISAEV Uniform Residential Appraisal Report File No. 01- 11153136 -01A ADDITIONAL FEATURES: The subject has concrete tile roof, stucco siding, concrete walkway and driveway. The kitchen has tile floo(ing, granite countertops and disposal. The dining area has tile flooring. The living rooms has carpet floor and brick faced fireplace. The family room has a tile flooring and fire lace. The bathroom has tile flooring tile countertop and tile shower over tub. All bedrooms have carpet flooring. The water heater is in average condition. The FAU is in average condition. SALES FINAL RECONCILIATION: The most weight given to com arables 1 2 and 3 in determining the subject's value as the most similar to the subject and located in the subject's immediate neighborhood. Comp 5 is active listing and given some consideration. All comps located in close proximity to the sub'ect. All the comps are considered the best available and most similar to the sub - ect. All the comps support final reconciled value well. THE MARKETING TIME: The estimated marketing time is 1 -3 months under current market conditions for the appraised value as of June 11 2011 The Intended User of this appraisal report is the Lender /Client. The Intended Use is to evaluate the pro that is the subject of this appraisal for a mortgage finance transaction submect to the stated Scope of Work purpose of the appraisal, reporting requirements of this appraisal report form and Definition of Market Value. No additional Intended Users are identified by the appraiser. � "' -- %' COST�APPROACHTOVALUE`snot' uire'db Fannie`Mae) ,= ,,, � „ .,; Provide adequate information for the lender /client to replicate the below cost fi uresand calculations. Support for the opinion of site value (summary of comparable land sales or other methods for estimating site value) Cost Of improvements has been estimated usin Marshall and Swift and local contractor costs from similar projects in the area. The abstraction method and vacant land sales were used to determine site value.The land value exceeding 30% of total pro value is ir-al for that area. ESTIMATED U REPRODUCTION OR X REPLACEMENT COST NEW OPINION OF SITE VALUE ........................................ _$ 870 : Source of cost data Marshall & Swift and Contractor Cost breakdowns. Dwelling 2 S . Ft. Ca $ 195.00............ _ $ 531,765 Quality rating from cost service Averse Effective date of cost data 06/2011 S . Ft. 9 $ ............ _ $ 0 - Comments on Cost Approach Cross living area calculations, depreciation, etc.) Improvement ratios 56% are typical and are supported by Gara e/Car ort 609 S . Ft. Ca $ 65.00............ _ $ 39 analysis of the area sales not reflective of potential redevelopment of the area but are due to a shortage of developable land. Total Estimate of Cost -New ............ $ 571,350 Less 75 Physical I Functional External Depreciation $76 1 1 =$( 76,380 Depreciated Cost of Improvements . ............................... _ $ 494,970 "As -is" Value of Site Improvements ................................ _ $ 75 , 000 Estimated Remaining Economic Life HUD and VA only) 65 Years INCOME APPROACH TO VALUE INDICATED VALUE BY COST APPROACH ...................... _$ 1 (not re uired by Fannie Mae).,, ; ', ,'. _ Estimated Monthly Market Rent $ N/A X Gross Rent Multiplier = $ N/A Indicated Value by Income Approach Summary of Income Approach (including support for market rent and GRM) N/A ` INFORMATION FOR ape Ifcalot Is the developer/builder in control of the Homeowners' Association HOA)? Yes No Unitt a s) Detached Attached Provide the following information for PUDs ONLY if the developer/builder is in control of the HOA and the subject property is an attached dwelling unit. Legal name of project N/A Total number of phases N/A Total number of units N/A Total number of units sold N/A Total number of units rented Total number of units for sale Data source (s Was the project created by the conversion of an ildi existi bun s into a PUD? Yes No If Yes, date of conversion. N/A Does the ro ea contain an multi-dwelling units? Yes No Data source s Are the units, common elements, and recreation facilities complete? Yes No If No, describe the status of completion. N/A Are the common elements leased to or by the Homeowners' Association? LJYes LJNo If Yes, describe the rental terms and options. N/A Describe common elements and recreational facilities. N/A Freddie Mac Form 70 March 2005 Pmduc d using AG sot—. 800.234.8727 wmreciwea.carn Fannie Mae Form 1004 March 2005 Page 3 of 6 1004 96090909 53 DMITRI ISAEV Uniform Residential Appraisal Report FiieNo. 01- 11153136 -01A This report form is designed to report an appraisal of a one -unit property or a one -unit property with an accessory unit; including a unit in a planned unit development (PUD). This report form is not designed to report an appraisal of a manufactured home or a unit in a condominium or cooperative project. This appraisal report is subject to the following scope of work, intended use, intended user, definition of market value, statement of assumptions and limiting conditions, and certifications. Modifications, additions, or deletions to the intended use, intended user, definition of market value, or assumptions and limiting conditions are not permitted. The appraiser may expand the scope of work to include any additional research or analysis necessary based on the complexity of this appraisal assignment. Modifications or deletions to the certifications are also not permitted. However, additional certifications that do not constitute material alterations to this appraisal report, such as those required by law or those related to the appraiser's continuing education or membership in an appraisal organization, are permitted. SCOPE OF WORK: The scope of work for this appraisal is defined by the complexity of this appraisal assignment and the reporting requirements of this appraisal report form, including the following definition of market value, statement of assumptions and limiting conditions, and certifications. The appraiser must, at a minimum: (1) perform a complete visual inspection of the interior and exterior areas of the subject property, (2) inspect the neighborhood, (3) inspect each of the comparable sales from at least the street, (4) research, verify, and analyze data from reliable public and /or private sources, and (5) report his or her analysis, opinions, and conclusions in this appraisal report. INTENDED USE: The intended use of this appraisal report is for the lender /client to evaluate the property that is the subject of this appraisal for a mortgage finance transaction. INTENDED USER: The intended user of this appraisal report is the lender /client. DEFINITION OF MARKET VALUE: The most probable price which a property should bring in a competitive and open market under all conditions requisite to a fair sale, the buyer and seller, each acting prudently, knowledgeably and assuming the price is not affected by undue stimulus. Implicit in this definition is the consummation of a sale as of a specified date and the passing of title from seller to buyer under conditions whereby: (1) buyer and seller are typically motivated; (2) both parties are well informed or well advised, and each acting in what he or she considers his or her own best interest; (3) a reasonable time is allowed for exposure in the open market; (4) payment is made in terms of cash in U. S. dollars or in terms of financial arrangements comparable thereto; and (5) the price represents the normal consideration for the property sold unaffected by special or creative financing or sales concessions* granted by anyone associated with the sale. *Adjustments to the comparables must be made for special or creative financing or sales concessions. No adjustments are necessary for those costs which are normally paid by sellers as a result of tradition or law in a market area; these costs are readily identifiable since the seller pays these costs in virtually all sales transactions. Special or creative financing adjustments can be made to the comparable property by comparisons to financing terms offered by a third party institutional lender that is not already involved in the property or transaction. Any adjustment should not be calculated on a mechanical dollar for dollar cost of the financing or concession but the dollar amount of any adjustment should approximate the market's reaction to the financing or concessions based on the appraiser's judgment. STATEMENT OF ASSUMPTIONS AND LIMITING CONDITIONS: The appraiser's certification in this report is subject to the following assumptions and limiting conditions: 1. The appraiser will not be responsible for matters of a legal nature that affect either the property being appraised or the title to it, except for information that he or she became aware of during the research involved in performing this appraisal. The appraiser assumes that the title is good and marketable and will not render any opinions about the title. 2. The appraiser has provided a sketch in this appraisal report to show the approximate dimensions of the improvements. The sketch is included only to assist the reader in visualizing the property and understanding the appraiser's determination of its size. 3. The appraiser has examined the available flood maps that are provided by the Federal Emergency Management Agency (or other data sources) and has noted in this appraisal report whether any portion of the subject site is located in an identified Special Flood Hazard Area. Because the appraiser is not a surveyor, he or she makes no guarantees, express or implied, regarding this determination. 4. The appraiser will not give testimony or appear in court because he or she made an appraisal of the property in question, unless specific arrangements to do so have been made beforehand, or as otherwise required by law. 5. The appraiser has noted in this appraisal report any adverse conditions (such as needed repairs, deterioration, the presence of hazardous wastes, toxic substances, etc.) observed during the inspection of the subject property or that he or she became aware of during the research involved in performing this appraisal. Unless otherwise stated in this appraisal report, the appraiser has no knowledge of any hidden or unapparent physical deficiencies or adverse conditions of the property (such as, but not limited to, needed repairs, deterioration, the presence of hazardous wastes, toxic substances, adverse environmental conditions, etc.) that would make the property less valuable, and has assumed that there are no such conditions and makes no guarantees or warranties, express or implied. The appraiser will not be responsible for any such conditions that do exist or for any engineering or testing that,might be required to discover whether such conditions exist. Because the appraiser is not an expert in the field of environmental hazards, this appraisal report must not be considered as an environmental assessment of the property. 6. The appraiser has based his or her appraisal report and valuation conclusion for an appraisal that is subject to satisfactory completion, repairs, or alterations on the assumption that the completion, repairs, or alterations of the subject property will be performed in a professional manner. R u, usbp ACIsoltw BOD.234.8=vmwa Wb.com Pa 4d6 54 DMITRI ISAEV unlTorm K esiaential H ppratsai K eport File No. 01- 11153136 -01A APPRAISER'S CERTIFICATION: The Appraiser certifies and agrees that 1. 1 have, at a minimum, developed and reported this appraisal in accordance with the scope of work requirements stated in this appraisal report. 2. 1 performed a complete visual inspection of the interior and exterior areas of the subject property. I reported the condition of the improvements in factual, specific terms. I identified and reported the physical deficiencies that could affect the livability, soundness, or structural integrity of the property. 3. 1 performed this appraisal in accordance with the requirements of the Uniform Standards of Professional Appraisal Practice that were adopted and promulgated by the Appraisal Standards Board of The Appraisal Foundation and that were in place at the time this appraisal report was prepared. 4. 1 developed my opinion of the market value of the real property that is the subject of this report based on the sales comparison approach to value. I have adequate comparable market data to develop a reliable sales comparison approach for this appraisal assignment. I further certify that I considered the cost and income approaches to value but did not develop them, unless otherwise indicated in this report. 5. 1 researched, verified, analyzed, and reported on any current agreement for sale for the subject property, any offering for sale of the subject property in the twelve months prior to the effective date of this appraisal, and the prior sales of the subject property for a minimum of three years prior to the effective date of this appraisal, unless otherwise indicated in this report. 6. ]researched, verified, analyzed, and reported on the prior sales of the comparable sales for a minimum of one year prior to the date of sale of the comparable sale, unless otherwise indicated in this report. 7. 1 selected and used comparable sales that are locationally, physically, and functionally the most similar to the subject property. S. 1 have not used comparable sales that were the result of combining a land sale with the contract purchase price of a home that has been built or will be built on the land. 9. 1 have reported adjustments to the comparable sales that reflect the market's reaction to the differences between the subject property and the comparable sales. 10. 1 verified, from a disinterested source, all information in this report that was provided by parties who have a financial interest in the sale or financing of the subject property. 11. 1 have knowledge and experience in appraising this type of property in this market area. 12. 1 am aware of, and have access to, the necessary and appropriate public and private data sources, such as multiple listing services, tax assessment records, public land records and other such data sources for the area in which the property is located. 13. 1 obtained the information, estimates, and opinions furnished by other parties and expressed in this appraisal report from reliable sources that I believe to be true and correct. 14. 1 have taken into consideration the factors that have an impact on value with respect to the subject neighborhood, subject property, and the proximity of the subject property to adverse influences in the development of my opinion of market value. I have noted in this appraisal report any adverse conditions (such as, but not limited to, needed repairs, deterioration, the presence of hazardous wastes, toxic substances, adverse environmental conditions, etc.) observed during the inspection of the subject property or that I became aware of during the research involved in performing this appraisal. I have considered these adverse conditions in my analysis of the property value, and have reported on the effect of the conditions on the value and marketability of the subject property. 15. 1 have not knowingly withheld any significant information from this appraisal report and, to the best of my knowledge, all statements and information in this appraisal report are true and correct. 16. 1 stated in this appraisal report my own personal, unbiased, and professional analysis, opinions, and conclusions, which are subject only to the assumptions and limiting conditions in this appraisal report. 17. 1 have no present or prospective interest in the property that is the subject of this report, and I have no present or prospective personal interest or bias with respect to the participants in the transaction. I did not base, either partially or completely, my analysis and /or opinion of market value in this appraisal report on the race, color, religion, sex, age, marital status, handicap, familial status, or national origin of either the prospective owners or occupants of the subject property or of the present owners or occupants of the properties in the vicinity of the subject property or on any other basis prohibited by law. 18. My employment and /or compensation for performing this appraisal or any future or anticipated appraisals was not conditioned on any agreement or understanding, written or otherwise, that I would report (or present analysis supporting) a predetermined specific value, a predetermined minimum value, a range or direction in value, a value that favors the cause of any party, or the attainment of a specific result or occurrence of a specific subsequent event (such as approval of a pending mortgage loan application). 19. 1 personally prepared all conclusions and opinions about the real estate that were set forth in this appraisal report. If I relied on significant real property appraisal assistance from any individual or individuals in the performance of this appraisal or the preparation of this appraisal report, I have named such individual(s) and disclosed the specific tasks performed in this appraisal report. I certify that any individual so named is qualified to perform the tasks. I have not authorized anyone to make a change to any item in this appraisal report; therefore, any change made to this appraisal is unauthorized and I will take no responsibility for it. 20. 1 identified the lender /client in this appraisal report who is the individual, organization, or agent for the organization that ordered and will receive this appraisal report. 21. The lender /client may disclose or distribute this appraisal report to: the borrower; another lender at the request of the borrower; the mortgagee or its successors and assigns; mortgage insurers; government sponsored enterprises; other secondary market participants; data collection or reporting services; professional appraisal organizations; any department, agency, or instrumentality of the United States; and any state, the District of Columbia, or other jurisdictions; without having to obtain the appraiser's or supervisory appraiser's (if applicable) consent. Such consent must be obtained before this appraisal report may be disclosed or distributed to any other party (including, but not limited to, the public through advertising, public relations, news, sales, or other media). uzms Aw s.e . eoo.xU.8= Hww.,.�.b..om �dyr 55 DMITRI ISAEV Uniform Residential Appraisal Report File No. 01- 11153136 -01A 22. 1 am aware that any disclosure or distribution of this appraisal report by me or the lender /client may be subject to certain laws and regulations. Further, I am also subject to the provisions of the Uniform Standards of Professional Appraisal Practice that pertain to disclosure or distribution by me. 23. The borrower, another lender at the request of the borrower, the mortgagee or its successors and assigns, mortgage insurers, government sponsored enterprises, and other secondary market participants may rely on this appraisal report as part of any mortgage finance transaction that involves any one or more of these parties. 24. If this appraisal report was transmitted as an "electronic record" containing my "electronic signature," as those terms are defined in applicable federal and /or state laws (excluding audio and video recordings), or a facsimile transmission of this appraisal report containing a copy or representation of my signature, the appraisal report shall be as effective, enforceable and valid as if a paper version of this appraisal report were delivered containing my original hand written signature. 25. Any intentional or negligent misrepresentation(s) contained in this appraisal report may result in civil liability and /or criminal penalties including, but not limited to, fine or imprisonment or both under the provisions of Title 18, United States Code, Section 1001, et seq., or similar state laws. SUPERVISORY APPRAISER'S CERTIFICATION: The Supervisory Appraiser certifies and agrees that: 1. I directly supervised the appraiser for this appraisal assignment, have read the appraisal report, and agree with the appraiser's analysis, opinions, statements, conclusions, and the appraiser's certification. 2. 1 accept full responsibility for the contents of this appraisal report including, but not limited to, the appraiser's analysis, opinions, statements, conclusions, and the appraiser's certification. 3. The appraiser identified in this appraisal report is either a sub - contractor or an employee of the supervisory appraiser (or the appraisal firm), is qualified to perform this appraisal, and is acceptable to perform this appraisal under the applicable state law. 4. This appraisal report complies with the Uniform Standards of Professional Appraisal Practice that were adopted and promulgated by the Appraisal Standards Board of The Appraisal Foundation and that were in place at the time this appraisal report was prepared. 5. If this appraisal report was transmitted as an "electronic record" containing my "electronic signature," as those terms are defined in applicable federal and /or state laws (excluding audio and video recordings), or a facsimile transmission of this appraisal report containing a copy or representation of my signature, the appraisal report shall be as effective, enforceable and valid as if a paper version of this appraisal report were delivered containing my original hand written signature. APPRAIS Signature Name DMIT I I AEV Company Name DMITRI ISAEV Company Address 620 Iris Avenue, Suite 311 Sunnyvale CA 94086 Telephone Number 408 - 431 -4931 Email Address usappraiser @g mail. corn Date of Signature and Report June 13, 2011 Effective Date of Appraisal June 11, 2011 State Certification # AR035129 or State License # or Other (describe) State # State CA Expiration Date of Certification or License 09/14/2012 Thank You For Your Business ADDRESS OF PROPERTY APPRAISED 10346 SCENIC BLVD. CUPERTINO, CA 95014 -2770 APPRAISED VALUE OF SUBJECT PROPERTY $ 1,440,000 LENDER/CLIENT Name Company Name FLAGSTAR BANK Company Address 5151 CORPORATE DR.TROY, MI 48098 Email Address SUPERVISORY APPRAISER (ONLY IF REQUIRED) Signature Name Company Name Company Address Telephone Number Email Address Date of Signature State Certification # or State License # State Expiration Date of Certification or License SUBJECT PROPERTY ❑ Did not inspect subject property ❑ Did inspect exterior of subject property from street Date of Inspection ❑ Did inspect interior and exterior of subject property Date of Inspection COMPARABLE SALES ❑ Did not inspect exterior of comparable sales from street ❑ Did inspect exterior of comparable sales from street Date of Inspection rage o Appra5&ub DMITRI ISAEV Uniform Residential Appraisal Report File No. 01-11153136-01A FEATURE SUBJECT 10346 SCENIC BLVD. Address CUPERTINO Proximity to Subject „ Sale Price $ 1,440,000 Sale Nce/Gross Uv. Area $ 528.05 s . ft. Data Sources Inspection Verification Source Data lui& VALUE ADJUSTMENTS DESCRIPTION Sale or Financing N/A Concessions Date ofSale/Time 06/2011' -- Location Good COMPARABLE SALE NO.4 21966 OAKLEAF COURT CUPERTINO 0.47 miles NE " "'" "` t $ 1,500,000 s 529.66 s . ft. ' =- MLS # 81107391/DOM 19 DOC #0021121703 /NDCData DESCRIPTION ()SAd'ustment Conventional None 03/28/2011 -COE Good COMPARABLE SALE NO.5 10362 SCENIC CIRCLE CUPERTINO 0.17 miles SSE � 15 - - $ 1 668 000 $ 636.16 s . R : < - MLS # 8111 9644/DOM 37 DOC# N /A/NDCData DESCRIPTION (•)SAd'uslmem Conventional None Active listing -83 Good COMPARABLE SALE NO. 6 '.. '_ .- +_ s $ 0.00 s . ft. DESCRIPTION (•)SAd'asanent Leasehold /Fee Simple Site View Desig (Style) Quality of Construction Actual Age Condition Above Grade Room Count Fee Simple 9 Sq. Ft. Neighborhood Traditional Average 22 Years Avera e Total I Bdrms Baths 11F5 F 2.5 Fee Simple 10 000 S .Ft Neighborhood Traditional Average 30 Years Avera e Total I Banns Baths 111 41 E 3 -5 Fee Simple 9,236 S .Ft Neighborhood Traditional Avera e 33 Years Averacie Total I Bdrrns Baths 9 4 2.5 Total Bdans Baths Gross Livnq Area 50 Basement & Finished Rooms Below Grade Functional Utility Heating/Cooling Energy Efficient Items Garage/Carport Porch /Patio/Deck Fireplaces Fence Pool etc Upgrades NetAd'ustment (Total) 2 sq. ft. None None Avera a FAU /None Typ ical 3 Car Garage Porch Patio 2 Fireplaces Fence /None Upgraded 2,832 s . None None Average FAU /Central A/C Typ ical 3 Car Garage Porch Patio 2 Fireplaces Fence /None Similar + X - Is ft. -5 -5 15,300 2 s . None None Average FAU /None Typ ical 2 Car Garage Porch Patio 1 Fireplace Fence/None Similar + X - Is ft 5,300 10,000 5 63.1001 s . IX J+ $ ft. 0 • Adjusted Sale Price ofCom arables NetAdj. -1.0 %% GroSSAd'.1.0% % s 1 484 700 NetAdj. - 3.8 %% GrossAd'.6.2% % s 1 604 900 Net Adj. 0.0% Gross Adj. 0.0% s 0 ITEM SUBJECT COMPARABLE SALE NO.4 1 COMPARABLE SALE NO.5 COMPARABLE SALE NO.6 • Date of Prior Sale(rransfer Has not transferred Has not transferred Has not transferred Price of PriorSalerrrensfer In Previous 36 Months. In Previous 12 Months. In Previous 12 Months. Data Sources NDCData NDCData NDCData . Effective Date of Data Sources 06/2011 06/2011 06/2011 Summary of Sales Comparison Approach See supp lemental addendum for additional comments. Freddie Mac Farm 70 March 2005 Roduced using AG salo ar 800.234.8727 —acwb— Fannie Mae Farm 1004 March 2005 1004M 090909 57 Ie1B7 :1 1)� �I Borrower: LAKSHMAN YAGATI File No.: 01-11153136-01A Property Address: 10346 SCENIC BLVD Case No City' CUPERTINO State: CA Zip: 95014 -2770 Lender. FLAGSTAR BANK STEPS TAKEN IN THE DEVELOPMENT OF THE SCOPE OF WORK AND COMPLETION OF THE APPRAISAL PROCESS. CLIENT 1 -2(A) THE CLIENT AND THE INTENDED USERS ARE IDENTIFIED ON PAGE 1 OF THE UNIFORM RESIDENTIAL APPRAISER REPORT PAGE 1. SEE LENDER/CLIENT EFFECTIVE DATE 1 -2(D) THE EFFECTIVE DATE OF THIS REPORT IS ADDRESSED ON PAGE 2 OF THE UNIFORM RESIDENTIAL APPRAISAL REPORT (1004). CHARACTERISTICS OF THE PROPERTY RELEVANT TO THE PURPOSE AND INTENDED USE OF THE APPRAISAL 1 -2(E) PROPERTY CHARACTERISTICS SUCH AS LOCATION PHYSICAL, LEGAL, ECONOMIC ATTRIBUTES, REAL PROPERTY INTEREST TO BE VALUED, ANY PERSONAL PROPERTY TRADE FIXTURES OR INTANGIBLES ITEMS THAT ARE NOT REAL PROPERTY BUT ARE INCLUDED IN THE APPRAISAL, AND KNOWN EASEMENTS, RESTRICTIONS, ENCUMBRANCES, LEASES, RESERVATIONS, COVENANTS, CONTRACTS, DECLARATIONS, SPECIAL ASSESSMENTS, OR OTHER ITEMS OF A SIMILAR NATURE AND WHETHER THE SUBJECT PROPERTY IS A FRACTIONAL INTEREST, PHYSICAL SEGMENT, OR PARTIAL HOLDING IS CONTAINED WITHIN THE BODY OF THIS REPORT OR ATTACHED ADDENDA. SCOPE OF THE ASSIGNMENT 1 -2(F) APPRAISAL DEVELOPMENT AND REPORTING PROCESS THE FOLLOWING STEPS WERE COMPLETED BY APPRAISALHUB FOR THIS ASSIGNMENT: ANALYZED NEIGHBORHOOD, SITE, AND IMPROVEMENT DATA. INSPECTED THE SUBJECT AND THE NEIGHBORHOOD. REVIEWED DATA REGARDING TAXES, ZONING, UTILITIES, EASEMENTS, AND CITY SERVICES. CONSIDERED COMPARABLE IMPROVED SALES. ANALYZED THE DATA TO ARRIVE AT CONCLUSIONS VIA EACH APPROACH TO VALUE USED IN THIS REPORT.RECONCILED THE RESULTS OF EACH APPROACH TO VALUE EMPLOYED INTO A PROBABLE RANGE OF MARKET DATA AND FINALLY AN ESTIMATE OF VALUE FOR THE SUBJECT, AS DEFINED HEREIN. ESTIMATED A REASONABLE EXPOSURE TIME ASSOCIATED WITH THE VALUE ESTIMATE. THE SUBJECT SITE AND IMPROVEMENT DESCRIPTIONS ARE BASED ON A PERSONAL INSPECTION OF THE PROPERTY, REALQUEST /M LS DATA SOURCES AND A REVIEW OF THE RELEVANT PLAT MAPS. THE INSPECTION IS NOT A SUBSTITUTE FOR THOROUGH ENGINEERING STUDIES. TO DEVELOP THE OPINION OF VALUE, APPRAISALHUS PERFORMED A COMPLETE APPRAISAL PROCESS, AS DEFINED BY THE UNIFORM STANDARDS OF PROFESSIONAL APPRAISAL PRACTICE. THIS MEANS THAT NO DEPARTURES FROM STANDARD 1 WERE INVOKED. THIS IS A COMPLETE APPRAISAL, IN THE FORM OF A SUMMARY REPORT, WHICH IS INTENDED TO COMPLY WITH THE REPORTING REQUIREMENTS SET FORTH UNDER STANDARDS RULE 2 -2(B) OF THE STANDARDS OF PROFESSIONAL APPRAISAL PRACTICE. IN A COMPLETE APPRAISAL, APPRAISALHUB USES ALL KNOWN APPLICABLE APPROACHES TO VALUE. THE VALUE CONCLUSION REFLECTS ALL KNOWN INFORMATION ABOUT THE SUBJECT PROPERTY, MARKET CONDITIONS, AND AVAILABLE DATA. THE APPRAISAL IS BASED ON THE INFORMATION GATHERED BY THE APPRAISER FROM PUBLIC RECORDS, OTHER IDENTIFIED SOURCES, INSPECTION OF THE SUBJECT PROPERTY AND NEIGHBORHOOD, AND SELECTION OF COMPARABLES SALES WITHIN THE SUBJECT MARKET AREA. THE ORIGINAL SOURCE OF THE COMPARABLES IS SHOWN IN THE DATA SOURCE SELECTION OF THE MARKET GRID ALONG WITH THE SOURCE OF CONFIRMATION, IF AVAILABLE. THE ORIGINAL SOURCE IS PRESENTED FIRST. THE SOURCES AND DATA ARE CONSIDERED RELIABLE. THE DATA WAS PROVIDED BY A THIRD PARTY VENDOR SOURCE AND NO ATTEMPT WAS MADE TO DIRECTLY VERIFY DATA WITH A PARTY TO THE TRANSACTION. WHEN CONFLICTINGLY INFORMATION WAS PROVIDED, THE SOURCE DEEMED MOST RELIABLE WAS USED. DATA BELIEVED TO BE UNRELIABLE WAS NOT INCLUDED IN THE REPORT NOR USED AS A BASIS FOR THE VALUE CONCLUSION. FUNCTIONAL AND /OR EXTERNAL DEPRECIATION, IF PRESENT, IS SPECIFICALLY, ADDRESSED IN THE APPRAISAL REPORT OR OTHER ADDENDA. THE SUBJECT PROPERTY IS LOCATED IN AN AREA OF PRIMARILY OWNER- OCCUPIED SINGLE FAMILY RESIDENCES AND THE INCOME APPROACH IS NOT CONSIDERED TO BE MEANINGFUL. FOR THIS REASON, THE INCOME APPROACH WAS NOT USED. THIS REPORT MAY CONTAIN DIGITALLY - REPRODUCED SIGNATURES, WHICH ARE APPROVED BY FNMA, GNMA, FHA/HUD. THE ACI APPRAISAL SOFTWARE PROGRAM ALLOWS AN APPRAISER TO ATTACHED A DIGITALLY - REPRODUCED SIGNATURE BY ENTERING A SECRET PASSWORD. FURTHERMORE, AFTER THE REPORT IS DIGITALLY SIGNED, IT IS LOCKED AND CANNOT BE ALTERED BY ANYONE BUT THE SIGNING APPRAISERS. THE APPRAISERS AND THE APPRAISALHUB ACCEPT FULL RESPONSIBILITY FOR THIS APPRAISAL REPORT. THE SUPERVISORY APPRAISER AT MINIMUM HAS PERFORMED AN EXTERIOR INSPECTION OF THE SUBJECT PROPERTY ONLY AND DID NOT INSPECT THE SUBJECTS INTERIOR. THE SUPERVISORY APPRAISER HAS PERFORMED AN EXAMINATION OF DETAILED INTERIOR PHOTOGRAPHS. THE TRAINEE /ASSISTANT APPRAISER MAY HAVE PERFORMED THE INTERIOR INSPECTION OF THE SUBJECT AND HAS DEMONSTRATED A LEVEL OF PROFICIENCY TO COMPLETE THIS PROCESS. EXTRAORDINARY ASSUMPTIONS AND /OR HYPOTHETICAL CONDITIONS 1 -2(G) ANY EXTRAORDINARY ASSUMPTIONS OF HYPOTHETICAL CONDITIONS ARE DESCRIBED IN THE BODY OF THIS REPORT OR ADDENDA. COMPETENCY PROVISION THE APPRAISER(S) ARE IN COMPLIANCE WITH THE COMPETENCY PROVISION OF USPAP VIA PREVIOUS EXPERIENCE WITH PROPERTIES OF THIS TYPE SUPPLEMENTED THROUGH VARIOUS COURSES AND SEMINARS. Site Comments There are no apparent adverse easements, encroachments or other adverse conditions. The subject is not located in a F.E.M.A. Special Flood Hazard Area.The appraiser has noted in this appraisal report any adverse conditions (such as needed repairs, deterioration, the presence of hazardous wastes, toxic substances, etc.) observed during the inspection of the subject property or that he or she became aware of during the research involved in performing this appraisal. Unless otherwise stated in this appraisal report, the appraiser has no knowledge of any hidden or unapparent physical deficiencies or adverse conditions of the property (such as, but not limited to, needed repairs, deterioration, the presence of hazardous Addendum Page 1 o1`2 i ADDENDUM Borrower LAKSHMANYAGATI FileNo.: 01-11153133-01A ProperNAddress• 10346 SCENIC BLVD. Case No City: CUPERTINO State: CA Zip: 95014 -2770 Lender. FLAGSTAR BANK wastes, toxic substances, adverse environmental conditions, etc.) that would make the property less valuable, and has assumed that there are no such conditions and makes no guarantees or warranties, express or implied. The appraiser will not be responsible for any such conditions that do exist or for any engineering or testing that might be required to discover whether such conditions exist. Because the appraiser is not an expert in the field of environmental hazards, this appraisal report must not be considered as an environmental assessment of the property." Additional Features The subject has concrete tile roof, stucco siding, concrete walkway and driveway. The kitchen has tile flooring, granite countertops and disposal. The dining area has tile flooring. The living rooms has carpet floor and brick faced fireplace. The family room has a tile flooring and fireplace. The bathroom has tile flooring, tile countertop and tile shower over tub. All bedrooms have carpet flooring. The water heater is in average condition. The FAU is in average condition. Additional Comments Due to the limitation of the local MLS appraiserwasn't able to provide reliable data in a few fields in 1004M C form and marked those fields as N /A. All utilities were connected and in working order at the time of the inspection. OWNER OF THE PUBLIC RECORD: CUPERTINO CITY OF /KNAPP,DAVID & KAY L TR The subject property is still owner occupied. I Addendum Page 2 of 2 59 DMITRI ISAEV Market Conditions Addendum to the Appraisal Report File No. 01-11153136-01A The purpose of this addendum is to provide the lender /client with a clear and accurate understanding of the market trends and conditions prevalent in the subject neighborhood. This is a required addendum for all appraisal reports with an effective date on or after April 1 2009. PropertyAddress 10346 SCENIC BLVD. City CUPERTINO State CA Zi Code 95014 -2770 Borrower LAKSHMAN YAGATI Instructions: The appraiser must use the information required on this form as the basis for his/her conclusions, and must provide support for those conclusions, regarding housing trends and overall market conditions as reported in the Neighborhood section of the appraisal report form. The appraiser must fill in all the information to the extent it is available and reliable and must provide analysis as indicated below. If any required data is unavailable or is considered unreliable, the appraiser must provide an explanation. It is recognized that not all data sources will be able to provide data for the shaded areas below; if it is available, however, the appraiser must include the data in the analysis. If data sources provide the required information as an average instead of the median, the appraiser should report the available figure and identify it as an average. Sales and listings must be properties that compete with the subject property, determined by applying the criteria that would be used by a prospective buyer of the subject DrODei . The aDDraiser must ex lain any anomalies in the data such as seasonal markets new construction foreclosures etc. Inventory- Nnalysis Prior 7 -12 Months Prior 4 -6 Months Current - 3 Months Overall Trend Total # of Comparable Sales (Settled) 19 11 9 Increasing [XI Stable Declining Absorption Rate (Total Sales/Months) 3.17 3.67 3.00 Increasing X Stable Declining Total # of Comparable Active Listings N/A = N/A 12 °Declining] X Stable -„ ; °- Increasing ", "; Months of Housing Supply (Total Listings /Ab.Rate) 'N /A' - `N/A J 4.00 Declining -' ; Xi Stable. ° %;- ;;, -Increasing Median Sale &List Prlce.DOM, sSie/List *x.' , A«' = -,'I Prior 7 -12 Months Prior 4 -6 Months Current -3 Months Overall Trend Median Comparable Sale Price 1,333,169 1 405 818 1,377,556 Increasing JJX Stable 11 1 Declinin Median Comparable Sales Days on Market 66 39 19 Declining X Stable 11 1 increasin Median Comparable List Price 1? 402 7,9 9 r` , ; 9'430 =343: _- 1 Indrea ng .y X Stable >< Declining -; Median Comparable Listings Days on Market N /A._::z, ;';N /A 49 D'ediiiirig,_ X Stable lrcreism§ ' Median Sale Price as % of List Price 95.00% 98.00% 100.00% I Increasing IX Stable Declining �. Seller- (developer, builder, etc.)paid financial assistance prevalent? Yes IX No I Declining IIX Stable Increasing Explain in detail the seller concessions trends for the past 12 months (e.g., seller contributions increased from 3% to 5 %, increasing use of buydowns, closing costs, condo fees, options, etc.). = Concessions are not common in this segment of the real estate market. No any forms of concessions were noted. Are foreclosure sales (RED sales) a factor in the market? LJ Yes X No If yes, explain (including the trends in listings and sales of foreclosed properties). There are no coin pa rables were REO properti es so REO factor is in sic nificant in that seq ment of the real estate market. Cite data sources for above information. Most of data q atherin q for this anal sis was collected usin q MLS NDCData and interview with real estate agents in the area with some input from assessor office and building/planning departments. Summarize the above information as support foryour conclusions in the Neighborhood section of the appraisal report form. If you used any additional information, such as an analysis of pending sales and /or expired and withdrawn listings, to formulate your conclusions, provide both an explanation and support for your conclusions. After 2 vears of steady decline this segment of the real estate market start to show sign of stabilization over the past 4 -6 months and resent condition of the values in the neighborhood can be described as stable. If the subject is a unit in a condominium or cooperative project, complete the following: Project Name: Subject Project Data Prior 7 -12 Months Prior 4 -6 Months Current - 3 Months Overall Trend Total# of Comparable Sales (Settled) Increasing Stable Declining Absorption Rate (Total Sales/Months) Increasing Stable Declining Total # of Active Comparable Listin s -Oedirlin , � "Stable ; -::`, � lncreasm Months of Unit Supply (Total Listings/Z. Rate) -Declinin -,' Stable Increasn Are foreclosure sales (RED sales) a factor in the project? LJ Yes No If yes, indicate the number of RED listings and explain the trends in listings and sales of foreclosed properties. Summarize the above trends and address the impact on the subject unit and project. APPRAISFfi SUPERVISORY APPRAISER (ONLY IF REQUIRED) Signature Signature Name DMIT I I AEV Name Company Name DMITRI ISAEV Company Name Company Address 620 IRIS AVENUE, SUITE 311 Company Address SUNNYVALE, CA 94086 State License /Certification # AR035129 State CA State License /Certification # State Email Address USAPPRAISER(5ilGMAIL.COM Email Address Freddie Mac Fain 71 March 2009 rtooucm usng All sdrvrae. au.zu.aiu w.w.acn eo.mm rannie Mae ram 1 tau marcn [wv Page 1 r 0 1004MC_2009090909 SUBJECT PROPERTY PHOTO ADDENDUM Borrower: LAKSHMAN YAGATI File No.: 01- 11153136 -01A Property Address: 10346 SCENIC BLVD. Case No.: City: CUPERTINO State: CA Zip: 95014 -2770. Lender: FLAGSTAR BANK ea ,. FRONT VIEW OF SUBJECT PROPERTY Appraised Date: JUNE 11, 2011 Appraised Value: $1,440,000 REAR VIEW OF SUBJECT PROPERTY STREETSCENE 61 Borrower: LAKSHMAN YAGATI File No.: 01- 11153136 -01A Property Address: 10346 SCENIC BLVD. Case No.: City: CUPERTINO State: CA Zip: 95014 -2770 Lender: FLAGSTAR BANK Kitchen of the subject property Bath of the subject property Fireplace of the subject property Produced using SCI mitware. 000.234.0727 ~.ammL,cam 62 Borrower: LAKSHMAN YAGATI File No.: 01- 11153136 -01A Property Address: 10346 SCENIC BLVD. Case No.: City: CUPERTINO State: CA Zip: 95014 -2770 Lender: FLAGSTAR BANK Second bath of the subject property Dining room of the subject property Family room of the subject property P,.tlu icing ACI mft—. 800.234.8727 whw.at'm'M.can PHT3 1018 2 010 63 Borrower: LAKSHMAN YAGATI File No.: 01- 1 1 1 531 36 -o1A Property Address: 10346 SCENIC BLVD. Case No.: City: CUPERTINO State: CA Zip: 95014 -2770 Lender: FLAGSTAR BANK Half bath of the subject property Living room of the subject property Office of the subject property Products using ACI sdMare. 800.234.8727 vmw.x b— PHT3101=10 64 COMPARABLE PROPERTY PHOTO ADDENDUM Borrower: LAKSHMAN YAGATI File No.: 01-11153136-01A Property Address: 10346 SCENIC BLVD. Case No.: City: CUPERTINO State: CA Zip: 95014 -2770 Lender: FLAGSTAR BANK E �E COMPARABLESALE #1 10326 SCENIC BLVD. CUPERTINO Sale Date: 03/24/2011 -COE Sale Price: $ 1,555,000 COMPARABLE SALE #2 10332 SCENIC CIRCLE CUPERTINO Sale Date: 06/03/2011 -COE Sale Price: $ 1,385,000 COMPARABLE SALE #3 10465 SAN FERNANDO AV. CUPERTINO Sale Date: 02/22/2011 -COE Sale Price: $ 1 ,450,000 65 COMPARABLE PROPERTY PHOTO ADDENDUM Borrower: LAKSHMAN YAGATI File No.: 01- 11153136 -01A Property Address: 10346 SCENIC BLVD. Case No.: City: CUPERTINO State: CA Zip: 95014 -2770 Lender: FLAGSTAR BANK COMPARABLE SALE #4 21966 OAKLEAF COURT CUPERTINO Sale Date: 03/28/2011 -COE Sale Price: $ 1,500,000 COMPARABLE SALE #5 10362 SCENIC CIRCLE CUPERTINO Sale Date: ACTIVE LISTING Sale Price: $ 1,668,000 COMPARABLE SALE #6 Sale Date: Sale Price: $ •• DIMENSION LISTADDENDUM GROSS BUILDING AREA (GBA) 2,727 GROSS LIVING AREA (GLA) 2,727 Area(s) Area %of GLA %of GBA Living Level 1 Level Level Other 2,727 100.00 100.00 2,727 100.00 0 0.00 0.00 0 0.00 0.00 0 0.00 0.00 GBA Basement ❑ Garage ❑ 0 6.00 0 609 ❑ ❑ ❑ 67 Area Measurements Area Type Measurements Factor Total Level Level Level Other Bsmt_ Garage 4.00 x 3.00 x 0_50 = 6.00 0 ❑ ❑ ❑ ❑ ❑ 11.00 x 4.00 x 1_00 = 44.00 0 ❑ ❑ ❑ ❑ ❑ 32,00 36.00 x x 28.00 x 23.00 x 1_00 = 1_00 = 896.00 828.00 0 ❑X ❑ 0 ❑ ❑ ❑ ❑ 0 ❑ ❑ ❑ 14.00 26.00 39.00 x x x 4.00 x 20.00 x 7.00 x 1_00 = 56.00 1_00 = 520.00 100 = 273.00 ❑X ❑X ❑X ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ 22.00 x 2.00 x 100 = 44.00 0 ❑ ❑ ❑ ❑ ❑ 12.00 x 5.00 x 100 = 60.00 ❑X ❑ ❑ ❑ ❑ ❑ 29.00 x 21.00 x 1,00 = 609.00 ❑ ❑ ❑ ❑ ❑ ❑X x x X x X x x x x= x _ _ _ _ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ O ❑ O O ❑ O ❑ O ❑ ❑ ❑ ❑ x x x x x x x x x x _ _ _ _ _ _ _ _ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ O ❑ O 0 ❑ O ❑ ❑ 0 0 ❑ ❑ ❑ ❑ ❑ x x x x _ _ ❑ ❑ ❑ ❑ ❑ ❑ ❑ 0 0 0 0 ❑ x x x_ x_ ❑ ❑ ❑ 0 ❑ ❑ 0 0 0 0 0 ❑ x x _ ❑ ❑ ❑ ❑ 0 ❑ x x x x x x= _ _ ❑ ❑ 0 ❑ ❑ 0 0 ❑ 0 ❑ 0 0 0 ❑ 0 ❑ ❑ ❑ x x = ❑ E) El 0 0 x x x_= x _ 0 ❑ 0 ❑ 0 0 0 ❑ 0 ❑ ❑ x x= ❑ El E) 0 0 0 x x x x x x_= _ _ ❑ ❑ ❑ ❑ 0 ❑ ❑ 0 ❑ ❑ 0 ❑ ❑ 0 ❑ ❑ 0 x x _ ❑ ❑ ❑ ❑ ❑ ❑ x x x x _, _ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ x x x x x x _ _ _ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ O ❑ ❑ ❑ ❑ ❑ ❑ x x x x x x x x x x x x _ _ _ _ _ _ _ _ _ = ❑ ❑ ❑ ❑ ❑ ❑ O ❑ ❑ ❑ ❑ ❑ ❑ ❑ O ❑ ❑ ❑ ❑ O ❑ ❑ ❑ ❑ O ❑ O ❑ ❑ ❑ ❑ Cl ❑ ❑ ❑ ❑ x x x x x x x= x= _ _ ❑ ❑ ❑ 0 ❑ ❑ ❑ 0 ❑ ❑ o 0 ❑ 0 0 ❑ ❑ 0 0 ❑ ❑ ❑ ❑ ❑ x x _ ❑ ❑ Cl ❑ 0 0 x x_= 11 0 0 0 El E) 67 FLOORPLAN l 0 Master Master Bath Bedroom ° z y S Bedoom Bedroom Family Dining Room Kitchen S Bedroom 12 FP Bath Laundry Bath Living Room pp Bedroom Office mo / ao 3 Car I n Entrance Garage I Comments: AREA CALCULATIONS SUMMARY Code Description Size Net Totals. GLA1 First Floor 2727.00 1 2727.00 GAR Garage 609.00 609.00 TOTAL LIVABLE ( rounded) 2 72 7 LIVING AREA BREAKDOWN Breakdown Subtotals First Floor 0.5 x 3.0 x 4.0 6.00 4.0 x 11.0 44.00 28.0 x 32.0 896.00 23.0 x 36.0 828.00 4.0 x 14.0 56.00 20.0 x 26.0 520.00 7.0 x 39.0 273.00 2.0 x 22.0 44.00 5.0 x 12.0 60.00 9 Calculations Total (rounded) 2727 68 PLAT MAP Borrower: LAKSHMAN YAGATI File No.: 01-11153136-01A Property Address: 10346 SCENIC BLVD. Case No.: City' CUPERTINO State: CA Zip: 95014 -2770 Lender: FLAGSTAR BANK ,OOt = « l ^ oo +� a� _ 2A W7V .NW; 1 a ¢¢ P I . c t „f ' m i •N � o acw Q SubC yt s t pCis ol ' N tt OA U � 6 Q is bof M a arm, x W O f < ,. cc p I f •• LOCATION MAP 70 71 cn CD te ._ Cr r . cp C? PO CD _ �'D C' CD CD - CD c) CD S : o - , cp ry _ y CD r CD CD rtj h CD: - -� ter CD CD CD PID : 71 GENERAL STAR NATIONAL INSURANCE COMPANY Generai(Star Financial Centre P.O. Box 10360 Stamford, Connecticut 06904 -2360 REAL ESTATE APPRAISERS ERRORS &OMISSIONS INSURANCE POLICY DECLARATIONS PAGE This Is a claims made and reported policy. Please read this policy and ail endorsements and attachments carefully. Policy Number: NJA811490B Renewal of Number. NJA811490A ' 1. NAMED INSURED: Dudtrilsnev STREET ADDRESS: 6201risAva*311 Sunnyvale CA 94086 2- POLICY PERIOD; Inception Date: 04716!2011 Expiration'. Date: O4A612012 Effective 12 :01'a.m. Standard Time at the address of the Named Insured. 3. LIMIT OF LIABILITY: Each Claim: S1,000,000 Aggregate: S 1,000,000 Claim Expenses have a separate Limit of Liability; Each Claim: 51,000,000 Aggregate: $1,000,000 4. DEDUCTIBLE: Each Claim: $ 300.00 Aggregate: $1,006.60 5 RETROACTIVE DATE: 04/16/2009 It date is indicated this policy:will not provide coveragefor any Claim arising out of any act: error, omission or personal injury which nccurred;before such date. 9: ANNUAL PREMIUM. g. 830.00 7, ENDORSEMENTS: This policy is,made and accepted subject to the printed policy form together vrith the following forms) or endorsement(s). GSN,07- AP- 12A07nW7) 0& -07 -AP -375 (107007)' & MANAGING AGENT t Herbert H. Landy Insurance Agency, Eric,' 75 Second Avenue, Suite 410 Needham, Massachusetts 02404 -2876 Authorized Represents'(vee GSN -07 -AP -720 (0612007). ® Copyright 2007, General Star Management.Compaby, Stamford, CT Page; 1T of t Producer Code: 00026230 Class Code: 73128 Data 031227201.( SLAG, ProdwW wiN ACI WMA 8&.8127 —aciwcb— F—EDOC OFFICE OF ADMINISTRATIVE SERVICES CITY HALL 10300 TORRE AVENUE • CUPERTINO, CA 95014 -3255 TELEPHONE: (408) 777 -3220 • FAX: (408) 777 -3366 CITY COUNCIL STAFF REPORT Meeting: June 21, 2011 Subs ect Public Hearing and Adopt Fiscal Year 2011 -12 budget Recommended Action Receive public comments, discuss, and adopt the 2011 -12 budget: a. Grant a negative declaration. b. Adopt a resolution establishing an operating and capital budget for fiscal year 2011 -12, Resolution No. 11- c. Adopt a resolution establishing an appropriation limit for fiscal year 2011 -12, Resolution No. 11- d. Adopt a resolution establishing an operating budget for the Redevelopment Agency, Resolution No. 11- Description An in -depth review of the budget was presented to City Council at a budget work session on May 23, and a public hearing was held on June 7. Council discussed the General Fund financial position, reserve levels, departmental operating budgets, and the five -year capital improvement program. Prepared by Carol Atwood Approved for Submission by David W. Knapp, City Manager Attachments- Attachment A: Draft Resolution - operating and capital budget of City for fiscal year 2011 -12 Attachment B: Draft Resolution - appropriation limit for fiscal year 2011 -12 Attachment C: Draft Resolution - operating budget of Redevelopment Agency for fiscal year 2011 -12 73 Attachment A RESOLUTION NO. 11- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO ADOPTING AN OPERATING AND CAPITAL IMPROVEMENT BUDGET FOR FISCAL YEAR 2011 -12 BY RATIFYING ESTIMATES OF REVENUES TO BE RECEIVED IN EACH FUND AND APPROPRIATING MONIES THEREFROM FOR SPECIFIED ACTIVITIES AND ACCOUNTS AND SETTING FORTH CONDITIONS OF ADMINISTERING SAID BUDGET WHEREAS, the orderly administration of municipal government is dependent on the establishment of a sound fiscal policy of maintaining a proper ration of expenditures within anticipated revenues and available monies; and WHEREAS, the extent of any project or program and the degree of its accomplishment, as well as the efficiency of performing assigned duties and responsibilities, is likewise dependent on the monies made available for that purpose; and WHEREAS, the City Manager has submitted his estimates of anticipated revenues and fund balances, and has recommended the allocation of monies for specified program activities; NOW, THEREFORE, BE IT RESOLVED that the City Council does hereby adopt the following sections as a part of its fiscal policy: Section 1 : The estimates of available fund balances and anticipated resources to be received in each of the several funds during fiscal year 2011 -12 as submitted by the City Manager in his proposed budget and as have been amended during the budget study sessions are hereby ratified. Section 2 . There is appropriated from each of the several funds the sum of money as determined during the budget sessions for the purposes as expressed and estimated for each department. Section 3 . The City Manager is hereby authorized to administer and transfer appropriations between Budget Accounts within the Operating Budget when in his opinion such transfers become necessary for administrative purposes. Section 4 . The Director of Administrative Services shall prepare and submit to City Council quarterly a revised estimate of Operating Revenues. Section 5 . The Director of Administrative Services is hereby authorized to continue unexpended appropriations for Capital Improvement projects. 74 Resolution No. 11- Page 2 Section 6 . The Director of Administrative Services is hereby authorized to continue appropriations for operating expenditures that are encumbered or scheduled to be encumbered at year end. PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this 21st day of June 2011, by the following vote: Vote Members of the City Council AYES: NOES: ABSENT: ABSTAIN: Mayor, City of Cupertino ATTEST: City Clerk 75 Attachment B RESOLUTION NO. 11- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO ESTABLISHING AND ADOPTING THE APPROPRIATION LIMIT FOR FISCAL YEAR 2011 -12 WHEREAS, the State of California has adopted legislation requiring local jurisdictions to calculate their appropriation limits in complying with Article XIII B; and WHEREAS, said limits are determined by a formula based upon change in population, (city or county), combined with either the change in inflation (California per capita income) or the change in the local assessment roll due to local nonresidential construction; and WHEREAS, the local governing body is required to set an appropriation limit by adoption of a resolution; and WHEREAS, the city /county population percentage change over the prior year is .89 %, and the California per capita personal income change is - 2.51 %. In computing the 2011 -12 limit, City Council has elected to use the city /county population percentage change along with the California per capita income change, but the Council has a right to change non - residential assessed valuation percentage when the figure is available. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Cupertino hereby approves a 2011 -12 fiscal appropriation limit of $72,194,298. PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this 21 day of June 2011, by the following vote: Vote Members of the Citv Council AYES: NOES: ABSENT: ABSTAIN: ATTEST: APPROVED: City Clerk Mayor, City of Cupertino 76 Attachment C RESOLUTION NO. 11- A RESOLUTION OF THE CUPERTINO REDEVELOPMENT AGENCY ADOPTING AN OPERATING BUDGET FOR FISCAL YEAR 2011 -12 BY RATIFYING ESTIMATES OF REVENUES TO BE RECEIVED IN EACH FUND AND APPROPRIATING MONIES THEREFROM FOR SPECIFIED ACTIVITIES AND ACCOUNTS AND SETTING FORTH CONDITIONS OF ADMINISTERING SAID BUDGET WHEREAS, the orderly administration of municipal government is dependent on the establishment of a sound fiscal policy of maintaining a proper ration of expenditures within anticipated revenues and available monies; and WHEREAS, the extent of any project or program and the degree of its accomplishment, as well as the efficiency of performing assigned duties and responsibilities, is likewise dependent on the monies made available for that purpose; and WHEREAS, the City Manager has submitted his estimates of anticipated revenues and fund balances, and has recommended the allocation of monies for specified program activities; NOW, THEREFORE, BE IT RESOLVED that the Cupertino Redevelopment Agency does hereby adopt the following sections as a part of its fiscal policy: Section 1 : The estimates of available fund balances and anticipated resources to be received in the Redevelopment Agency fund during fiscal year 2011 -12 as submitted by the City Manager in his proposed budget and as have been amended during the budget study sessions are hereby ratified. Section 2 . There is appropriated from the fund the sum of money as determined during the budget sessions for the purposes as expressed and estimated for each department. Section 3 . The City Manager is hereby authorized to administer and transfer appropriations between Redevelopment Agency accounts within the Operating Budget when in his opinion such transfers become necessary for administrative purposes. Section 4 . The Director of Administrative Services shall prepare and submit to the Cupertino Redevelopment Agency a quarterly revised estimate of Operating Revenues. Section 5 . The Director of Administrative Services is hereby authorized to continue appropriations for operating expenditures that are encumbered or scheduled to be encumbered at year end. 77 Resolution No. 11- Page 2 PASSED AND ADOPTED at a regular meeting of the Cupertino Redevelopment Agency this 21 day of June 2011, by the following vote: Vote Members of the Redevelopment Agency AYES: NOES: ABSENT: ABSTAIN: Chairman, Redevelopment Agency ATTEST: Secretary CODE ENFORCEMENT UPERTIN CITY HALL 10300 TORRE AVENUE • CUPERTINO, CA 95014 -3255 TELEPHONE: (408) 777 -3182 www.cupertino.org CITY COUNCIL STAFF REPORT Meeting: June 21, 2011 Subject Consider the appeal of Code Enforcement's denial of Massage Permit Application No. 11- 000165, Connie Linh Nguyen. Recommended Action Uphold staff's decision to deny Massage Permit Application No. 11- 000165, Connie Linh Nguyen. Discussion Staff relies on the expertise of Dr. Mitchell Roth, DC in administering the practical exam to our applicants. Dr. Roth has administered our practical exam since 1995. Dr. Roth works for several other Cities and Police agencies as the administrator of their practical exams. Staff recommends that we uphold the decision of Dr. Roth that the applicant is not qualified to work as a Massage Therapist, in the City of Cupertino, based on her performance during both attempts of the practical exam. Per Cupertino Municipal Code Section 9.06.120, the applicant shall take and pass a written test and practical performance examination, wherein the applicant has been required to demonstrate a basic knowledge of anatomy, physiology, hygiene and massage. If the applicant fails the practical exam, he /she shall be permitted to retake the exam once, after at least thirty but no more than sixty days have elapsed from the date of the first exam, provided that the applicant pays the applicable exam fees for a second time. Should the applicant fail the exam a second time, the application shall be denied, and the applicant shall not be permitted to apply again for a massage therapist permit for a period of one year. Exhibit A Chapter 9.06 of the Municipal Code defines and outlines the requirements for obtaining a permit to work as a Massage Therapist in the City of Cupertino. On February 11, 2011, Ms. Nguyen began the process to obtain a Massage Therapist permit. Ms. Nguyen met with Staff and was given documents to return. She provided a valid identification and showed documents /transcripts outlining 100 hours of massage course work at the Milpitas Electrolysis College in Milpitas, CA. This course work was completed in November 1996. Exhibit B Ms. Nguyen showed documents /transcripts outlining 600 hours of massage course work at the Milpitas Electrolysis College in Milpitas, CA. This course work was completed in May 1997. Exhibit C 79 Ms. Nguyen showed documents /transcripts outlining 102 hours of massage course work at the San Francisco School of Massage in San Francisco, CA. This course work was completed in October 1989. Exhibit D On February 16, 2011, Ms. Nguyen submitted her application and background investigation questionnaire. Fees were paid to the City of Cupertino. Nguyen was verbally advised of available translation services. Nguyen completed her application form and declined the offered translation services. Exhibit E Nguyen was given an instructional packet on the written and practical examination. This packet included Dr. Roth's address, phone number and other instructions to the applicant. Four forms were included in this instructional packet giving Nguyen the option to obtain translation services, prior to taking the examination. Nguyen was advised to call Dr. Roth to make an appointment for the practical exam. When an applicant contacts Dr. Roth's office, the applicant is again verbally given the opportunity of requesting translation services, prior to taking the examination. The applicant is responsible for making an appointment with Dr. Roth and paying a fee directly to him. Exhibit F On April 15, 2011, I received a faxed notification from Dr. Roth's office that the applicant had failed her first attempt at passing the practical exam. Exhibit G On April 20, 2011, I called Nguyen and notified her that she had failed her first attempt at passing the practical exam. On May 16, 2011, I received a faxed notification from Dr. Roth's office that the applicant had failed her second attempt at passing the practical exam. Exhibit H On May 20, 2011, I sent notification to Nguyen via US Mail that she had failed her second attempt at passing the practical exam. Exhibit I On May 23, 2011, Nguyen filed an official appeal. Prepared by. Gulu Sakhrani Reviewed by: Carol Atwood Approved for Submission by David W. Knapp, City Manager Attachments: Exhibit A — Massage Therapist Ordinance Exhibit B — Milpitas Electrolysis College Massage Certificate Exhibit C - Milpitas Electrolysis College Massage Certificate Exhibit D - San Francisco School of Massage Certificate Exhibit E — Application Translation Services Letter Exhibit F — Dr. Roth Translation Services (Four) Forms Exhibit G- First Notification of Failed Examination from Dr. Roth Exhibit H- Second Notification of Failed Examination from Dr. Roth Exhibit I- Letter Notifying Applicant of Failing the Examination :1 R 9.06.120 �� Therapist Practical Examination. (Ord. 2046, (part), 2009) Y-N Per `nx j Qq, yy .......... .... �" 't �� r � , �• `a�n s�.. � ' �'Cr �. r.2"�k �ti a E . � f F 5 h� N m y'l, fi y , r .rf kY �Y � p t t t i`!# y ' r F r � cy y r F s : : W' ,, r .- ' _' � r a {!�'�afi� s �`]� t� tG F _ {w /sI l l� t�•4 f�a r ' ry i trt ..r j moo `4Y g�_ 1 V, oil _ y „. � 4 z O t t ,sy W e Y � y is 1 �y h 4 1 %Vp CA 46 xv3� f<, h �" a P "�'�i t 1 v coi sue. A `ti t n t 3 loot to fir I- Lx� AN 3 My WA to 6 i r1 ry l ei ? _ 38 s ��/'• -51 r �ti ° i4er '�—_ � � �� ✓ seo-'P I � R 'Aar �t�as t "� �� 1 }�yyay�ff; 5 }�� v #i rr ° w r th �t�,Y m u m " y�.. - , ! ";�� ✓ <r�s,ac, - ��...'� S �� fi - ..... a �tl�v �e � <44ti U �,�7] r � -. r 7r' � hL �� {�� - �.�s. j A "WAN a I r � won wa �i s i a 4 I3g w -r.�c i = Zv q O VA Unt rq «� UI loo elm I } t ' K lot Y not I NK its R ` � M Pgi' 1 f CODE ENFORCEMENT OFFICE CITY HALL 10300 TORRE AVENUE • CUPERTINO, CA 95014 -3255 TELEPHONE (408) 777 -3182 • FAX: (408) 777 -3174 code@cupertino.org Translation Service Requests Massage Therapist /Massage Establishment Applicants Applicants for Massage Therapist, Massage Establishment and Managing Employee permits will be required to complete a written application in English. Code Enforcement staff will also give detailed verbal information to applicants. If a translator is needed to assist you in filling out the written application or understanding the information provided by Staff, please request a translator. If a translator is needed, Staff will attempt to provide one during the application process or will reschedule your appointment when a translator is available. You, as the applicant, may also bring your own translator. The City of Cupertino assumes n'o liability for translation services provided by the City or Applicant. Check appropriate box and initial I do not need a translator at this time. * I require a translator to complete the application process. Language required * I request that the City provide a translator. a I will supply my own translator. Applicant Signature Date Dec 03 08 F 2: ❑4p Dr 3i�P i ue 65034G i 025 P-2 �► Contact Dr. Mitchell Roth to schedule an appointment for your massage test Dr. Mitchell loth 303 'twin Dolphin Drive Suite 600 Redwood City, CA 94€ 65 (650) 619-7525 x '''48 -hour notice Of appalrrtrrrent cancellation is required_ F=ailure to make notification will result in M additional examination fee. Dr. Roth's office is located in Redwood City across from the Hotel Scftel. There is pudic parking surrou tding the building Please bring a photo identification with you. If you do not speak English fluently, translation can be prodded_ if you reed translation ser - Oces, additional flees are required and you will have to make arrangements wit: Dr. Roth's office prier to taking your examination_ Your test results will be available within 24 hours by contacting this police department. if you fail you may retest in 30 days, however, you will ineed to contact our department prior to scheduling another appointment with Dr. Roth. A retest fee must be paint prier tc your second exarnina'io€ , If you have any questions, please contact our office • • Roth Consulting Phone: (650) 679 -7525 Mitchell Roth, D.C. Fax: (650) 472 -9239 303 Twin Dolphin Drive Suite 600 Redwood City, CA 94065 Massage Examination Test „,...,._ As a massage applicant, you are required to pass a practical examination to demonstrate a basic level of massage knowledge and technique. The examination is verbal and is comprised of 20 questions in anatomy, physiology, technique, health and safety. All applicants should have a basic knowledge in the following areas: Anatomy: Be able to identify (by name) and locate all muscles, bones and major tendons on the body. Example: biceps, femur, etc. Physiology: Be familiar with circulatory system (heart, arteries, and veins). A basic knowledge of the lymph system and areas of lymph nodes as well as the skin and its components. Technique. A basic knowledge of Swedish massage strokes and be able to demonstrate on a live model. Health and Safety: Basic knowledge of health and safety for massage practitioners. Example: In which conditions should massage never be applied? The examination is given by Dr. Roth, in English, Any applicant that needs an interpreter may do so with an additional translation fee and prior notification to this office. Some languages do not have a specific translation for muscles such as the Trapezius. The applicant must be familiar with the common English, Latin or Medical name for all muscles, as well as their location. Massexam test.dpa i Contact Dr. Mitchell Roth to schedule an appointment for your massage test. Dr. Mitchell Roth 303 Twin Dolphin Drive Suite 600 Redwood City, CA 94065 (650) 619 -7525 ** 48 -hour notice of appointment cancellation is required. Failure to snake notification will result in an additional $110.00 fee. Dr. Roth's office is located in Redwood City across from the Hotel Sofitel. There is public parking surrounding the building Please bring a photo identification with you. If you do not speak English fluently, translation can be provided. If you need translation services, additional fees are required and you will have to make arrangements with Dr. Roth's office prior to taking your examination. You will be notified of test results by mail within three to five business days_ If you fail you may retest in 30 days, however, you will need to contact this department prior to scheduling another appointment with Dr. Roth. A retest fee of $110.00 must be paid prior to your second examination. If you have any questions, please contact our office Masseuse instructions.doc Roth Consulting Phone: (650) 619.7525 Mitchell Roth, D.G. Fax: (650) 472 -9239 303 Twin Dolphin Drive Suite 600 Redwood City, CA 94065 Translation Services for Massage Evaluation Translation services can be provided for applicants during the testing process. The applicant will need to inform this office that a translator is requested, prior to scheduling the massage test. Additional translation fees will have to be paid over and above the normal testing fee. Please contact this office for further information. Many s l Please note. Man Greek or Latin terms for eclfic anatomical 1 or muscles are not translatable into certain languages such as Vietnamese Cambodian or Chinese. (Example: Quadratus lumborum muscle is not translatable.) Therefore, the applicant will be expected to know the Latin or Greek term when there is no translatable equivalent. If you have any questions concerning translation services, contact this office prior to scheduling your test. Mastraas. doc W mjj! t•J ' i Ut+ -4-+p - Wm T(N Re , Ro& Consulting 34 TyAn Dolphin D r., &j6p 00(' Redsoad C4, CA 940kA Phone: M619-752 FNX V. l paws: 0 F" Review PhYme Rspty 0 FYI Applicanw Nom. :7 ME pan PASS F.0 pan 0 Fail Cl Pe= 0 r-av Z) pass Q f=611 :7 ME May 16 11 03;39p ,oth Ccris ung �ws L R 55C- 472 -9,: <9 P. Ro* Comul 94M5 pdxsns: ) 69 ® - 725. FAY (660 47$ -9239 To-- rfttom..-. Daft Ma.9sage examinaflon resuift Ai pan La Pam Fail pass Cl ue Cl jpsm Q Fen -- Pon Fait a s • r . e u r . . . . . . . . . . . a + .� . . . . . . 91 CODE ENFORCEMENT DIVISION CUPERTINO May 20, 2011 Connie Linh Nguyen 411 Lewis Road #270 San Jose, CA 95111 CASE #: 11- 000165 Dear Ms, Nguyen; CITY HALL 10300 TORRE AVENUE • CUPERTINO, CA 95014 -3255 TELEPHONE: (408) 777 -3182 • FAX: (408) 777 -3174 code @cupertino.org I regret to inform you that your application for a massage therapist permit has been denied. This denial was due to your not passing the massage examination administered by Roth Consulting. The City of Cupertino is required to deny your application based on the requirements listed in chapter 9.06.120 of the Cupertino Municipal Code. Cupertino Municipal Code section 9.06.120 (Massage Therapist Practical Examination) reads in part as follows: "The applicant shall take and pass a written test and practical performance examination administered through a medical practitioner approved by the City of Cupertino, wherein the applicant has been required to demonstrate a basic knowledge of anatomy, physiology, hygiene and massage." You do have the right to appeal this denial decision by writing a letter to the City of Cupertino City Clerk's office within five business days in receipt of this letter. I have enclosed a copy of the appeal form that must be filled out, along with your appeal letter and all documents must be mailed or hand delivered to the City Clerk's office. The City does have a $150.00 appeal charge that will be refunded, if the appeal is granted. The appeal will be heard before the Cupertino City Council at their regularly scheduled meeting. If you have any further questions regarding the appeal process, please contact the City Clerk's office at (408) 777-3223. Sincerely, G. Sakhrani Code Enforcement Officer Enclosure 92 PUBLIC WORKS DEPARTMENT CUPERTINO CITY HALL 10300 TORRE AVENUE • CUPERTINO, CA 95014 -3255 TELEPHONE: (408) 777 -3354 www.cupertino.org CITY COUNCIL STAFF REPORT Meeting: June 21, 2011 Subs ect Award of contract for 2011 Pavement Maintenance Project. Recommended Action Authorize Director of Public Works to award construction contract. Description Staff recommends that Council authorize the Director of Public Works to award the construction contract for the 2011 Pavement Maintenance Project, based on bids to be received June 28, 2011. T)i ern i eci nn Currently, the City's 2011 Pavement Maintenance Project is out to bid, with bids to be received on June 28, 2011. Because, in the past, Council has occasionally cancelled meetings in July, staff recommends that Council authorize the Director of Public Works to award the construction contract to the lowest responsible bidder, if the low bid is within the funds available for the project and there are no bid protests. The Engineer's Estimate for the base project is $1.13 Million. Prepared by . Glenn Goepfert, Assistant Director of Public Works Reviewed by : Timm Borden, Director of Public Works Approved for Submission by David W. Knapp, City Manager Attachments Attachment A - List of streets to receive pavement maintenance treatment Attachment B - Contract for Public Works 93 Pavement Project Locations 2011 -12 ATTACHMENT A 1/1 Prot ID Project Type of Work Location/Zone Approximate Cost Fund Source Bid Date Digom & reconstruct A Pavement Restoration discrete areas of failing Various City -wide $ 200,000 GF July -11 pavement Grind and overlay, slurry B 2011 Pavement Mgmt seal, cape seal ofexisting Citywide $ 1,050,000 GF July -11 pavements Streets Segment Carriage All Heatherwood Westlyon to Tuscany Kim '. Bollinger to McClellan Santa Teresa Hyannisport to Terrace Brookgrove Lane ? Shadygrove to Willowgrove Ferngrove Drive Shadygrove to Willowgrove Shadygrove Court`. All Stendhal Lane Disney to Phil Overlay Shadygrove Drive? Hyde to Stendahl Betlin. Avenue John to Clifford <. W Estates Drive All New Haven Court S All Old Town Court All Liberty Court All ? Providence Court ? All Oak Meadow Court All s. De Anza City Limits Stevens Crk Blvd SIR 85 to City Limits Miller '. calle de harcelona to bollinger Bollinger miller to blaney Crack Seal Bollinger blaney to farallone Bollinger deanza to westlynn Blaney bollinger to rodrigues Blaney mcclellan to SCB Bubb .'. mcclellan to SCB Brewer milford to dexter'. Chisholm dexter to milford Linda'. Vista some teresa to hyannisport DeFoe bollinger to defoe Brittany [as'ondas to end'. Farallone john to pacifma Johnson crabtme to loree.'. Stokes fitzgerald to stokes Ainsworth hartman to end Vista'. Knoll hartman to end Blaney Avenue luctle to olivewood Blaney Avenue olivewood to 250:'south Blaney Avenue northforde to cedartree Blaney Avenue cedartree to forest Blaney Avenue forest to SCB Bollinger Road deanza to westlynn Bollinger Road westlynn to defoe Bollinger Road narisco to lawrence Digout De Anza Blvd rodrigues to SCB De Anza Blvd SCB to rodrigues De Anza Blvd SCB to lazaneo De Anza Blvd lazaneo to SCB De Anza Blvd n/o 280 fwv to s/o 280 fmv Miller'. Avenue SCB to calleDe Barc Miller Avenue Phil 1. bollinger Miller'. Avenue bollinger to Phil Stelling Road lilac to mcclellan Stelling Road lilac to carriage Stevens Creek Blvd city limits to calif oak Stevens Creek Blvd de anzato miller'.. Wolfe Road SCB to vallco Wolfe Road vallco to SCB Note: Projects in 2011 will proceed as far down this list as available funds permit. • A Attachment B K. CONTRACT FOR PUBLIC WORKS This CONTRACT made on by the CITY OF CUPERTINO, a municipal corporation of the State of California, hereinafter called CITY, and hereinafter called CONTRACTOR. IT IS HEREBY AGREED by CITY and CONTRACTOR as follows: 1. THE CONTRACT DOCUMENTS. The complete contract consists of the following contract documents: a. Notice to Contractors, Proposal, Time of Completion, Estimated Quantities, Noncollusion Affidavit, Bidder Qualification Form, Subcontractors Form and Signature Form. b. Standard Specifications, General Provisions and Special Provisions. c. Plans and Specifications for 2011 Pavement Maintenance Project, PROJECT NO. 2011 -04 d. Faithful Performance Bond and Payment Bond. e. Insurance Agreement, Certificate of Insurance, Endorsement of Primary Insurance, Additional Insured Endorsement, Endorsement of Aggregate Limits of Insurance per Project, Waiver of Subrogation Endorsement Worker's Compensation Insurance and Notice of Policy Cancellation Endorsement. f This Contract for Public Works. All of the above documents are intended to cooperate so that any work called for in one and not mentioned in the other, or vice versa, is to be executed the same as if mentioned in all of said documents. The documents comprising the complete contract are sometimes hereinafter referred to as the Contract Documents. In case of conflict between the Plans and the Specifications on the one hand, and this Contract on the other, the Plans and Specifications shall prevail. 2. THE WORK. CONTRACTOR agrees to furnish all of the tools, equipment, apparatus, facilities, labor, transportation and materials necessary to perform and complete in a good and working order, the work of overlaying City streets, as called for, and in the manner designated in, and in strict conformity with, the Plans and Specifications prepared by the Engineer and adopted by CITY, which Plans and Specifications are entitled, respectively, 2011 Pavement Maintenance Project, Project No. 2011 -04 and which Plans and Specifications are identified by the signatures of the parties to this Contract. It is understood and agreed that said tools, equipment, apparatus, facilities, labor, transportation and materials shall be furnished, and that said work shall be performed and completed as required in said Plans and Specifications under the sole direction of CONTRACTOR, but subject to the inspection and approval of CITY, or its representative. CITY hereby designates as its representative for the purpose of this Contract the Engineer, Mr. Timm D. Borden. Contract Page 1 of 6 95 Attachment B 3. CONTRACT PRICE. CITY agrees to pay, and CONTRACTOR agrees to accept, in full payment for the work above agreed to be done, the sum of $ Dollars and Cents) subject to additions and /or deductions as provided in the Contract Documents, per Exhibit A attached hereto. 4. DISPUTES PERTAINING TO PAYMENT FOR WORK Should any dispute arise respecting the true value of the work done, or any work omitted, or any extra work which CONTRACTOR may be required to do, or respecting the size of any payment to CONTRACTOR during the performance of this Contract, said dispute shall be determined either by reference to the Unit Prices bid, if applicable, or in accordance with agreement of prices, if applicable, or in accordance with the agreement of the parties, or in accordance with Section 6, paragraph "f" of the General Provisions. 5. PERMITS, COMPLIANCE WITH LAW. CONTRACTOR shall obtain and bear all expense for all necessary permits, licenses and easements for the construction of the project, give all necessary notices, pay all fees required by law, and comply with the laws, ordinances and regulations relating to the work and to the preservation of the public health and safety. 6. INSPECTION BY THE CITY. CONTRACTOR shall at all times maintain proper facilities and provide safe access for inspection by CITY to all parts of the work, and to the shops wherein the work is in preparation. Where the Specifications require work to be specially tested or approved, it shall not be tested or covered up without timely notice to CITY of its readiness for inspection and without the approval thereof or consent thereto by CITY. Should any such work be covered up without such notice, approval, or consent, it must, if required by CITY, be uncovered for examination at CONTRACTOR'S expense. 7. EXTRA OR ADDITIONAL WORK AND CHANGES. Should CITY at any time during the progress of the work require any alterations, deviations, additions or omissions from the Plans and Specifications or the Contract Documents, CITY shall have the right to do so, and the same shall in no way affect or make void the Contract, but the cost or value thereof will be added to, or deducted from, the amount of the Contract price, as the case may be, by a fair and reasonable valuation, which shall be determined either by reference to the Unit Prices bid, if applicable, the Standard Specifications, or in accordance with the agreement of the parties. No extra work shall be performed or change be made except by a written order from CITY, duly authorized by resolution of the City Council, and by all agencies whose approval is required by law, stating that the extra work or change is authorized, and no claim for an addition to the Contract sum shall be valid unless so ordered. 8. CHANGES TO MEET ENVIRONMENTAL REQUIREMENTS. CITY shall have the right to make changes in this Contract during the course of construction to bring the completed improvements into compliance with environmental requirements or standards established by State and Federal statutes and regulations after the Contract has been awarded or entered into. CONTRACTOR shall be paid for such changes either by reference to the Unit Prices bid, if applicable, or in accordance with the agreement of the parties. 9. TERMINATION, AMENDMENT OR MODIFICATION. This Contract may be terminated, amended or modified, with the mutual consent of the parties. The compensation payable, if any, for such termination, amendment or modification, shall be determined either by Contract Page 2 of 6 M Attachment B reference to the Unit Price bid, if applicable, the Standard Specifications, or in accordance with the agreement of the parties. 10. TIME FOR COMPLETION. All work under this Contract shall be completed in accordance with the Time for Completion section in the Proposal and the Specifications of this project. If CONTRACTOR shall be delayed in the work by the acts or neglect of CITY, or its employees, or those under it by contract or otherwise, or by changes ordered in the work, or by strikes, lockouts by others, fire, unusual delay in transportation, unavoidable casualties or any causes beyond CONTRACTOR'S control, or by delay authorized by CITY, or by any cause which CITY shall determine justifies the delay, then the time of completion shall be extended accordingly. This paragraph does not exclude the recovery of damages for delay by either party under other provisions in the Contract Documents. 11. INSPECTION AND TESTING OF MATERIALS. CONTRACTOR shall notify CITY a sufficient time in advance of the manufacture, production or testing of materials to be supplied under this Contract, in order that CITY may arrange for mill, factory or laboratory inspection and testing of same. 12. TERMINATION FOR BREACH OR INSOLVENCY. If CONTRACTOR should be adjudged a bankrupt, or should make a general assignment for the benefit of creditors, or if a receiver should be appointed on account of insolvency, or if CONTRACTOR or any subcontractor should violate any of the provisions of the Contract, CITY may serve written notice upon CONTRACTOR and CONTRACTOR'S surety of its intention to terminate the Contract. Such notice shall contain the reasons for CITY'S intention to terminate the Contract, and unless within ten (10) days after serving of such notice, such violation shall cease and satisfactory arrangements for corrections thereof be made, the Contract shall, upon the expiration of said ten (10) days, cease and terminate. In the event of any such termination, CITY shall immediately serve notice thereof upon CONTRACTOR'S surety and CONTRACTOR, and the surety shall have the right to take over and perform the Contract; provided, however, that, if the surety within fifteen (15) days after the serving upon it of notice of termination does not give CITY written notice of its intention to take over and perform the Contract, or does not commence performance thereof within thirty (30) days from the date of the serving of such notice, CITY may take over the work and prosecute the same to completion by contract, or by any other method it may deem advisable, for the account and at the expense of CONTRACTOR, and CONTRACTOR AND CONTRACTOR'S surety shall be liable to CITY for any excess cost occasioned by CITY thereby, and in such event CITY may, without liability for so doing, take possession of, and utilize in completing the work, such materials, appliances, plant and other property belonging to CONTRACTOR as may be on the site of the work and necessary therefor. 13. THE CITY'S RIGHT TO WITHHOLD CERTAIN AMOUNTS AND MAKE APPLICATION THEREOF. In addition to amounts which CITY may retain under other provisions of the Specifications until final completion and acceptance of all work covered by the Contract, CITY may withhold from payment to CONTRACTOR such an amount or amounts as in its judgment may be necessary to pay just claims against CONTRACTOR or subcontractors for labor and services rendered and materials furnished in and about the work. City may apply such withheld amount or amounts to the payment of such claims in its discretion. In doing so, CITY shall be deemed the agent of CONTRACTOR, and any payment so made by Contract Page 3 of 6 97 Attachment B CITY shall be considered as a payment made under the Contract by CITY to CONTRACTOR, and CITY shall not be liable to CONTRACTOR for any payment made in good faith. Such payment may be made without prior judicial determination of the claim or claims. With respect to any retention of payment by CITY to ensure performance of the Contract, CONTRACTOR will be entitled to substitute securities as provided in Section 4590 of the California Government Code as more fully described in CITY'S Notice to Contractors. 14. NOTICE AND SERVICE THEREOF. Any notice from one party to the other under this Contract shall be in writing, and shall be dated and signed either by the party giving such notice, or by a duly authorized representative of such party. Any such notice shall not be effective for any purpose whatsoever unless served in the following manner: (a) if the notice is given to CITY, either by personal delivery thereof to the Engineer of CITY, or by depositing same in the United States mails, enclosed in a sealed envelope, addressed to CITY OF CUPERTINO; 10300 TORRE AVENUE; CUPERTINO, CA 95014; postage prepaid and certified; (b) if the notice is given to CONTRACTOR, either by personal delivery thereof to CONTRACTOR, or to CONTRACTOR'S duly authorized representative at the site of the project, or by depositing same in the United States mails enclosed in a sealed envelope, addressed to postage prepaid and certified; and (c) if notice is given to CONTRACTOR'S surety or any other person, either by personal delivery thereof to CONTRACTOR'S surety or other person, or by depositing same in the United States mails, enclosed in a sealed envelope, addressed to CONTRACTOR'S surety or person, as the case may be, at the address of CONTRACTOR'S surety or the address of the person last communicated by such person to the party giving the notice, postage prepaid and certified. 15. ASSIGNMENT OF CONTRACT. Neither the Contract, nor any part thereof, nor moneys due or to become due thereunder, shall be assigned by CONTRACTOR without the prior written approval of CITY. 16. COMPLIANCE WITH SPECIFICATIONS OF MATERIALS. Whenever in the Specifications, any material or process is indicated or specified by patent or proprietary name, or by name of manufacturer, such Specifications must be met by CONTRACTOR, unless CITY agrees in writing to some other material, process or article offered by CONTRACTOR which is equal in all respects to the one specified. It shall be CONTRACTOR'S responsibility to prove equality of any such material, process or article offered as a substitution to the one(s) specified. 17. WORKER'S COMPENSATION INSURANCE AND EMPLOYER'S LIABILITY INSURANCE. CONTRACTOR shall take out and maintain during the life of this Contract Worker's Compensation Insurance and Employer's Liability Insurance for all of CONTRACTOR'S employees employed at the site of the project. In case any work is sublet, CONTRACTOR shall require any and all subcontractors similarly to provide Worker's Compensation and Employer's Liability Insurance for all of the latter's employees unless such employees are covered by the protection afforded to the CONTRACTOR. In signing this Contract CONTRACTOR makes the following certification, required by Section 1861 of the Labor Code: "I am aware of the provisions of Section 3700 of the Labor Code which requires every employer to be insured against liability for worker's compensation or to undertake Contract Page 4 of 6 M Attachment B self insurance in accordance with the provisions of the Labor Code, and I will comply with such provisions before commencing the performance of the work of this Contract." 18. ACCIDENT PREVENTION. Precaution shall be exercised at all times for the protection of persons (including employees) and property. The safety provisions of applicable laws, building codes and construction codes shall be observed. Machinery, equipment and other hazards shall be guarded or eliminated in accordance with the safety provisions of the Construction and Safety Orders issued by the Industrial Accident Commission of the State of California. 19. CONTRACTOR'S RESPONSIBILITY FOR THE WORK. CONTRACTOR shall not be responsible for the cost of repairing or restoring damage to the work caused by Acts of God. NEVERTHELESS, CONTRACTOR shall, if the insurance premium is a separate bid item, obtain the insurance to indemnify CITY for any damage to the work caused by Acts of God. "Acts of God" shall include only the following occurrences or conditions and effects: earthquakes and tidal waves, when such occurrences or conditions and effects have been proclaimed a disaster or state of emergency by the President of the United States or by the Governor of the State of California, or were of a magnitude at the site of the work sufficient to have caused a proclamation of disaster or state of emergency having occurred in a populated area. Subject to the foregoing, CITY shall not, in any way or manner, be answerable or suffer loss, damage, expense or liability for any loss or damage that may happen to said building, work, or equipment or any part thereof, or in, on, or about the same during its construction and before acceptance. 20. CONTRACTOR'S GUARANTEE. CONTRACTOR unqualifiedly guarantees the first -class quality of all work and of all materials, apparatus and equipment used or installed by CONTRACTOR or by any subcontractor or supplier in the project which is the subject of this Contract, unless a lesser quality is expressly authorized in the Plans and Specifications, in which event CONTRACTOR unqualifiedly guarantees such lesser quality; and that the work as performed by CONTRACTOR will conform with the Plans and Specifications or any written authorized deviations therefrom. In case of any defect in the work, materials, apparatus or equipment, whether latent or patent, revealed to CITY within one (1) year of the date of acceptance of completion of this Contract by CITY, CONTRACTOR will forthwith remedy such defects without cost to CITY. Contract Page 5 of 6 •• Attachment B P.O. No. 21. DEFERRED ALTERNATE SELECTION. The City reserves the right for the term of the Contract, the deferred selection of none, any or all alternate bid items at the bid price. The alternates chosen would be for any sites currently under construction or to be constructed in the future. IN WITNESS WHEREOF, the parties have executed this Contract, in duplicate, the day and year first hereinabove written. CITY OF CUPERTINO: By: Timm D. Borden Director of Public works Attest: City Clerk Date: , 20 City Clerk APPROVED AS TO FORM: City Attorney CONTRACTOR: Notary acknowledgment is required. If a corporation, corporate seal and corporate notary acknowledgment and Federal Tax I.D. are required. If not a corporation a Social Security No. is required. Social Security # Federal Tax I.D. # Contractor's License No. Proj ect Name & Number: 2011 PAVEMENT MAINTENANCE PROJECT, PROJECT NO. 2011 -04 Contractor's Name & Address: Contract Amount: $ Account Number: File No: Contract Page 6 of 6 100 OFFICE OF ADMINISTRATIVE SERVICES CITY HALL 10300 TORRE AVENUE • CUPERTINO, CA 95014 -3255 TELEPHONE: (408) 777 -3220 • FAX: (408) 777 -3366 CITY COUNCIL STAFF REPORT Meeting: July 21, 2011 Sub, ect Amend the terms and conditions of employment for the Cupertino Unrepresented (Management and Confidential) Employees. Recommended Action Adopt Resolutions amending the July 1, 2010 through June 30, 2012 terms and conditions of employment for the Cupertino Unrepresented (Management and Confidential) Employees. Description The City currently has two year agreements in place with the Cupertino Employees Association (CEA), the association representing clerical, technical and professional employees, Operating Engineers Local Union No. 3, AFL -CIO (OE3), the bargaining unit representing public works maintenance employees, Unrepresented (Management and Confidential) Employees and City Attorney Employees. The negotiated packages expire on June 30, 2012. In conjunction with the upcoming fiscal year, two minor changes are proposed that affect the Cupertino Unrepresented (Management and Confidential) Employee group only. 1. Title change for the position of Executive Assistant to the City Attorney to that of Legal Services Manager. This change will more appropriately reflect the current job duties of this position. Our survey of other cities indicates that this title change will not affect the salary and no proposal is being made to change salary or benefits as a result of this title change; and 2. Consolidation of the four department head salary ranges into one range. This trend, to pay all department head positions at the same pay scale, is replacing the previous, multiple salary range scenarios. Many Santa Clara cities have gone to a one -step range for department heads. This change is for current consolidation purposes only and no proposal is being made to change salary or benefits as a result of this consolidation at this time. 101 The following resolutions are recommended to implement the above terms and conditions of employment: a. Amend the Unrepresented (Management and Confidential) Employees' Compensation Program, Resolution No. 11- ; b. Direct the City Manager to amend the Administrative Rules and Regulations of the Personnel Code to reflect any changes to the Compensation Programs, Resolution No. 11- . Prepared by Carol Atwood Approved for Submission David W. Knapp, City Manager Attachments: ATTACHMENT A: Draft Resolution Amending Unrepresented Employees' Compensation Program ATTACHEMENT Al: Unrepresented Employees' Compensation Program ATTACHMENT B: Draft Resolution Directing the City Manager to Amend the Administrative Rules and Regulations 2 102 ATTACHMENT A RESOLUTION 11- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO AMENDING RESOLUTION NO. 010- 127, UNREPRESENTED (MANAGEMENT AND CONFIDENTIAL) EMPLOYEES' COMPENSATION PROGRAM WHEREAS, the City Council desires to amend the Unrepresented Employees' Compensation Program. NOW, THEREFORE, BE IT RESOLVED that the Unrepresented Compensation Program be amended as shown in Attachment "A -1" which is incorporated in this resolution by this reference. PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this 21 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, City of Cupertino 0 103 ATTACHMENT B RESOLUTION NO. 11- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO DIRECTING THE CITY MANAGER TO AMEND THE ADMINISTRATIVE RULES AND REGULATIONS OF THE PERSONNEL CODE TO REFLECT ANY CHANGES TO THE COMPENSATION PROGRAMS WHEREAS the City Council desires that the Administrative Rules and Regulations of the Personnel Code be changed to reflect any current changes to the Memorandum of Understanding (MOD's) and compensation programs. NOW, THEREFORE BE IT RESOLVED that the City Council hereby directs the City Manager to amend the Administrative Rules and Regulations of the Personnel Code to reflect any current changes to the compensation programs. PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this 21 day of June, 2011 by the following vote: Vote Members of the City Council AYES: NOES: ABSENT: ABSTAIN: ATTEST: APPROVED: Kimberly Smith, City Clerk Gilbert Wong, Mayor 104 ATTACHMENT A -1 City of Cupertino UNREPRESENTED EMPLOYEES' COMPENSATION PROGRAM Policy No. 1 PROGRAM PURPOSE AND DEFINITIONS FOR ELIGIBILITY It is City of Cupertino policy that those certain persons holding positions hereinafter defined and designated either as management or confidential positions shall be eligible for participation under the Unrepresented Employees Compensation Program as hereby adopted by action of the City Council and as same may be amended or as otherwise modified from time to time. It is the stated purpose of this Compensation Program to give recognition to and to differentiate those eligible employees from represented employees who achieve economic gain and other conditions of employment through negotiation. It is the intent that through this policy and those which are adopted or as may be modified or rescinded from time to time such recognition may be given. Eligibility for inclusion with this Compensation program is limited to persons holding positions as management or confidential employees as defined under section 2.52.290 of the Cupertino Municipal Code. These are as designated by the Appointing Authority and may be modified as circumstances warrant. Although subject to change in accordance with provision of the Personnel Code, the positions in the following classifications have been designated as unrepresented. MANAGEMENT AND CONFIDENTIAL CLASSIFICATIONS: Classification Title Accountant Accounting Technician Administrative Assistant Asst. Director of Public Works — Engineering Asst. Director of Public Works - Maintenance Building Official City Architect City Clerk City Manager City Planner Community Relations Coordinator Deputy City Attorney Deputy City Clerk Director of Administrative Services Director of Community Development Director of Parks and Recreation Director of Public Works Environmental Affairs Coordinator Environmental Programs Manager Executive Assistant to the City Manager Finance Director GIS Coordinator Human Resources Analyst Human Resources Director Human Resources Technician Information Technology Manager 1 105 MANAGEMENT AND CONFIDENTIAL CLASSIFICATIONS (Continued) Legal Services Manager Network Specialist Park Planner Public and Environmental Affairs Director Public Works Projects Manager Public Works Supervisor Recreation Supervisor Redevelopment/Economic Development Manager Senior Civil Engineer Senior Recreation Supervisor Web Specialist In the event of any inconsistency between the Compensation Program and any Employment Contracts, the provisions of the Employment Contract and any amendments thereto control. Adopted by Action of the City Council, April 1, 1974 Revised 10/74, 3/78, 6/81, 6/82, 7/85, 7/87, 1/89, 7/90, 4/91, 5/91, 7/92, 6/95, 6/96, 7/99, 6/02, 7/04, 6/05, 04/07, 7/10, 6/11 2 106 City of Cupertino UNREPRESENTED EMPLOYEES' COMPENSATION PROGRAM Policy No. 2 SALARY SCHEDULE AND OTHER SALARY RATES It is City of Cupertino policy that eligible persons under this Compensation Program shall be compensated for services rendered to and on behalf of the City on the basis of equitably of pay for duties and responsibilities assigned, meritorious service and comparability with similar work in other public and private employment in the same labor market; all of which is contingent upon the City's ability to pay consistent with its fiscal policies. As rates of pay are developed through meet and confer processes subject to the underlying provisions of the Pay Plan for administration purposes, so are those rates of pay included herein as a part of this Compensation program. The inclusion herein of said rates and schedules does not affect any effective dates or otherwise reflect on the approval processes required but is shown as an integral part of this Program for completeness of record. Adopted by Action of the City Council April 1, 1974 Revised 8/78, 7/79, 6/80, 7/92, 6/95 107 City of Cupertino UNREPRESENTED EMPLOYEES' COMPENSATION PROGRAM Policy No. 3 TRAINING AND CONFERENCES I. POLICY A. Management Personnel It is City of Cupertino policy that eligible persons under this Compensation Program shall be reimbursed or receive advances in accordance with the schedules, terms and conditions as set forth herein for attendance at conferences, meetings and training sessions as defined below for each. It is the intent of this policy to encourage the continuing education and awareness of said persons in the technical improvements and innovations in their fields of endeavor as they apply to the City or to implement a City approved strategy for attracting and retaining businesses in the City. One means of implementing this encouragement is through a formal reimbursement and advance schedule for authorized attendance at such conferences, meetings and training sessions. B. Non - Management Personnel When authorized by their supervisor, a non - management person may attend a conference, meeting or training session subject to the stated terms and conditions included herein for each with payment toward or reimbursement of certain expenses incurred as defined below for each. H DEFINITIONS A. Conferences A conference is an annual meeting of a work related organization the membership of which may be held in the name of the City or the individual. B. Local Area The local area is defined to be within Santa Clara and San Mateo Counties and within a 40- mile distance from Cupertino when traveling to Alameda County. C. Meetings A "meeting" shall mean a convention, conference, seminar, workshop, meal, or like assembly having to do with municipal government operations. An employee serving on a panel for interviews of job applicants shall not come under this definition. 0 1: D. Training Session A training session is any type of seminar or workshop the attendance at which is for the purpose of obtaining information of a work related nature to benefit the City's operations or to enhance the attendee's capabilities in the discharge of assigned duties and responsibilities. III REIMBURSEMENT AND ADVANCE PAYMENT SCHEDULE A. Intent This schedule is written with the intent that the employee will make every effort to find the lowest possible cost to the City for traveling on City business. For example, if paying for parking at the airport is less expensive that paying for a taxi or airport shuttle, then the employee should drive their car and park at the airport; or if renting a car is lower than taking taxis at the out -of -town location, then a car should be rented; or air reservations should be booked in advance to obtain discounted fares. The following procedures apply whether the expense is being paid through a reimbursement or a direct advance. B. Registration Registration fees for authorized attendance at a meeting or training session will be paid by the City. C. Transportation The City will pay transportation costs on the basis of the lowest cost intent stated in paragraph A. Eligible transportation costs include airfare (with coach fare being the maximum), van or taxi service to and from the attendee's home and airport, destination or airport parking charges, taxi and shuttle services at the out -of -town location, trains, tolls, or rental cars. Use of a personal automobile for City business shall be reimbursed or advanced at the rate per mile in effect for such use, except in no case shall it exceed air coach fare if the vehicle is being used for getting to the destination. Government or group rates offered by a provider of transportation must be used when available. Reimbursement or advances for use of a personal automobile on City business within a local area will not be made so as to supplement that already being paid to those persons receiving a monthly mileage allowance. D. Looming Hotel or lodging expenses of the employee resulting from the authorized event or activity defined in this policy will be reimbursed or advanced if the lodging and event occurs outside of the local area. Not covered will be lodging expenses related to person(s) who are accompanying the City member, but who themselves are not on City business. In this instance, for example, the difference between single and multiple occupancy rates for a room will not be reimbursed. 5 109 Where the lodging is in connection with a conference or other organized educational activity, City -paid lodging costs shall not exceed the maximum group rate published by the conference or activity sponsor, providing that lodging at the group rate is available at the time of booking. If the group rate at the conference hotel is not available, then the non - conference lodging policy described in the next paragraph should be followed to find another comparable hotel. Where lodging is necessary for an activity that is not related to a conference or other organized educational activity, reimbursement or advances shall be limited to the actual cost of the room at a group or government rate. In the event that a group or government rate is not available, lodging rates that do not exceed the median price for lodging for that area and time period listed on travel websites like www.hotels.com www.expedia.com or an equivalent service shall be eligible for reimbursement or advancement. E. Meals 1. With No Conference Payments toward or reimbursement of meals related to authorized activities or events shall be at the Internal Revenue Service per diem rate for meals and incidental expenses for a given location, as stated by IRS publications 463 and 1542 and by the U.S. General Services Administration. The per diem shall be split among meals as reasonably desired and reduced accordingly for less than full travel days. If per diem is claimed, no receipts are necessary. Alternatively, the actual cost of a meal can be claimed, within a standard of reasonableness, but receipts must be kept and submitted for the expense incurred. 2. As Part of a Conference When City personnel are attending a conference or other organized educational activity, they shall be reimbursed or advanced for meals not provided by the activity, on a per diem or actual cost basis. The per diem and actual cost rate shall follow the rules described in the meals with no conference paragraph. F. Other Expenses Payments toward or reimbursement of expenses at such functions shall be limited to the actual costs consistent with the application of reasonable standards. Other reasonable expenses related to business purposes shall be paid consistent with this policy. No payments shall be made unless, where available, receipts are kept and submitted for all expenses incurred. When receipts are not available, qualifying expenditures shall be reimbursed upon signing of an affidavit of expenditure. No payment shall be made for any expenses incurred which are of a personal nature or not within a standard of reasonableness for the situation as may be defined by the Finance Department. 6 110 G. Non - Reimbursable Expenses The City will not reimburse or advance payment toward expenses including, but not limited to: 1. The personal portion of any trip; 2. Political or charitable contributions or events; 3. Family expenses, including those of a partner when accompanying the employee on City - related business, as well as child or pet - related expenses; 4. Entertainment expenses, including theatre, shows, movies, sporting events, golf, spa treatments, etc. 5. Gifts of any kind for any purpose; 6. Service club meals; of those besides economic development staff, 7. Alcoholic beverages; 8. Non - mileage personal automobile expenses including repairs, insurance, gasoline, traffic citations; and 9. Personal losses incurred while on City business. IV ATTENDANCE AUTHORIZATION A. Budgetary Limitations Notwithstanding any attendance authorization contained herein, reimbursement or advances for expenses relative to conferences, meeting or training sessions shall not exceed the budgetary limitations. B. Conference Attendance Attendance at conferences or seminars by employees must be approved by their supervisor. C. Meetings Any employee, management or non - management, may attend a meeting when authorized by their supervisor. D. Training Sessions Any employee, management or non - management, may attend a training session when authorized by their supervisor. 7 111 V. FUNDING A. Appropriation Policy It shall be the policy of the City to appropriate funds subject to availability of resources. B. Training Sessions Payments toward or reimbursement of expenses incurred in attendance at training sessions, will be appropriated annually through the budget process. VI. DIRECT CASH ADVANCE POLICY From time to time, it may be necessary for a City employee to request a direct cash advance to cover anticipated expenses while traveling or doing business on the City's behalf. Such request for an advance should be submitted to their supervisor no less than seven days prior to the need for the advance with the following information: 1) Purpose of the expenditure; 2) The anticipated amount of the expenditure (for example, hotel rates, meal costs, and transportation expenses); and 3) The dates of the expenditure. An accounting of expenses and return of any unused advance must be reported to the City within 30 calendar days of the employee's return on the expense report described in Section VII. VII. EXPENSE REPORT REQUIREMENTS All expense reimbursement requests or final accounting of advances received must be approved by their supervisor, on forms determined by the Finance Department, within 30 calendar days of an expense incurred, and accompanied by a business purpose for all expenditures and a receipt for each non- per diem item. Revised 7/83, 7/85, 7/87, 7/88, 7/91, 7/92, 12/07,7/10 112 City of Cupertino UNREPRESENTED EMPLOYEES' COMPENSATION PROGRAM Policy No. 4 AUTOMOBILE ALLOWANCES AND MILEAGE REIMBURSEMENTS It is City of Cupertino policy that eligible persons under this Compensation Program shall be compensated fairly for the use of personal automotive vehicles on City business. In many instances the use of personal vehicles is a condition of employment due to the absence of sufficient City owned vehicles for general transportation purposes. It is not intended, however, that such a condition of employment should work an undue hardship. For this reason, the following policies shall apply for mileage reimbursements. Those persons who occasionally are required to use their personal automobiles for City business shall be reimbursed for such use at an appropriate rate established by the City Council. Submission of reimbursement requests must be approved by the Department Head. Employees in the following classifications shall be paid on a monthly basis the following automobile allowance: Classification Allowance City Manager $350.00 Director of Administrative Services 300.00 Director of Community Development 300.00 Director of Parks and Recreation 300.00 Director of Public Works 300.00 Assistant Director of Public Works 250.00 City Clerk 250.00 Ptiblie Gemmttniea+iens Manager- Public & Environmental Affairs Director 250.00 250.00 City Architect 250.00 Traffic Engineer 250.00 Recreation Supervisor &ieettti�, Assistant City Manager- 200. 200.00 & ,t; te the Assistant te the City A4er-ney z Legal Services Manager 200.00* Employees receiving automobile allowance shall be eligible for reimbursement for travel that exceeds two hundred miles round trip. *This allowance will be eliminated once the current employee is no longer in this position. Adopted by Action of the City Council April 1, 1974 Revised 7/74, 5/79, 6/80, 7/81, 8/84, 7/87, 1/89, 7/90, 7/92, 6/96, 8/99, 6/00, 9/01, 1/02, 6/02, 10/07, 7/10, 1 /11, 6/11 9 113 City of Cupertino UNREPRESENTED EMPLOYEES' COMPENSATION PROGRAM Policy No. 5 ASSOCIATION MEMBERSHIPS AND PROFESSIONAL PUBLICATIONS It is City of Cupertino policy that eligible persons under this Compensation Program shall be entitled to City sponsored association memberships as well as receiving subscriptions to professional and technical publications. Such sponsorship, however, shall be conditioned upon the several factors as set forth below. Each association for which membership is claimed must be directly related to the field of endeavor of the person to be benefited. Each claim for City sponsored membership shall be submitted by or through the Department Head with their concurrence to the City Manager for approval. Subscriptions to or purchase of professional and technical publications may be provided at City expense when such have been authorized by the Department Head providing the subject matter and material generally contained therein are related to municipal governmental operations. Adopted by Action of the City Council April 1, 1974 Revised 7/92 10 114 City of Cupertino UNREPRESENTED EMPLOYEES' COMPENSATION PROGRAM Policy No. 6 OVERTIME WORKED Management and non - represented professional employees are ineligible for overtime payments for time worked in excess of what otherwise would be considered as a normal work day or work week for other employees. However, no deduction from leave balances are made when such an employee is absent for less than a regular work day as long as the employee has his /her supervisor's approval. Nothing in this policy precludes the alternative work schedule, which may include an absence of a full eight hour day, when forty hours have been worked in the same seven day work period. Adopted by Action of the City Council April 1, 1974 Revised 6/80, 7/91, 7/92, 6/96, 7/97, 4/07 11 115 City of Cupertino UNREPRESENTED EMPLOYEES' COMPENSATION PROGRAM Policy No. 7 HEALTH BENEFITS PLAN - EMPLOYER CONTRIBUTION It is the policy of the City of Cupertino to provide group hospital and medical insurance under which employees in Management and Confidential positions and their dependents may be covered. The purpose of this program is to promote and preserve the health of employees and their families through comprehensive health plans available only through employer sponsorship. Although the premium cost for the insurance provided remains the ultimate responsibility of the employee in these positions, the City shall contribute the amounts listed below towards the premium or pay the full cost of the premium if less than the stated amounts. If the premium amounts for any employee covered by this policy are less than the amounts listed below per month, the difference between the premium amount and the stated amounts will be included in the employee's gross pay. The City will no longer pay medical insurance cash back (excess of the monthly premium less the cost of the medical coverage) for new employees hired after July 1, 2005. Medical Insurance Coverage Level City Contribution Employee 702.00 Employee + 1 762.00 Employee +2 802.00 Adopted by Action of the City Council September 16, 1974 Revised 7/75, 7/76, 7/77, 8/78, 7/79, 6/80, 6/81, 7/81, 6/82, 7/83, 7/84, 7/88, 7/89, 7/90, 7/91, 7/92, 6/95, 7/97, 7/99, 6/00, 6/02, 7/04, 6/05, 4/07 12 116 City of Cupertino UNREPRESENTED EMPLOYEES' COMPENSATION PROGRAM Policy No. 8 FLEXIBLE HOLIDAYS It is the policy of the City of Cupertino to recognize days of historical and national significance as holidays of the City without loss of pay or benefits. Recognizing the desirable times throughout the year, it is the policy of the City of Cupertino to provide days off in lieu of holidays for management and confidential employees at such times as are convenient for each employee and supervisor, when such policy is compatible with the workload and schedule of the City. Employees occupying these positions shall be provided 20 hours per calendar year as non -work time with full pay and benefits. Employees may accumulate flexible holiday hours up to two times their annual accrual. Adopted by Action of the City Council July 7, 1975 Revised 6/80, 6/89, 7/92, 7/99 13 117 City of Cupertino UNREPRESENTED EMPLOYEES' COMPENSATION PROGRAM Policy No. 9 LIFE AND LONG TERM DISABILITY INSURANCE It is the policy of the City of Cupertino to make available group insurance for Management and Confidential employees that will mitigate the personal and family financial hardships resulting from continuing disability that prevents an employee from performing gainfully in his or her occupation. It is further the policy of the City of Cupertino to provide life insurance benefits in an amount of two and one half times the employee's annual salary to a maximum of $250,000.00. Employees occupying unrepresented positions may enroll in the disability income program and the life insurance program offered if eligible under the contract provisions of the policy and the personnel rules of the City. The full cost of premiums for these programs shall be paid by the City for such employees. Adopted by Action of the City Council September 16, 1976 Revised 7/76, 6/80, 6/81. 6/82, 6/92 14 118 City of Cupertino UNREPRESENTED EMPLOYEES' COMPENSATION PROGRAM Policy No. 10 DEFERRED COMPENSATION It is the policy of the City of Cupertino to provide equitable current compensation and reasonable retirement security for management and confidential employees for services performed for the City. The City participates in the California Public Employees' Retirement System (PERS) and deferred compensation plans have been established. Both the employee and employer may make contributions from current earnings to these plans. The purpose of this policy is to promote means by which compensation may be provided in such manner and form to best meet the requirements of the City and the needs of individual employees, thereby increasing the ability, to attract and retain competent management and confidential employees. The City shall maintain and administer means by which employees in these positions may defer portions of their current earnings for future utilization. Usage of such plans shall be subject to such agreements, rules and procedures as are necessary to properly administer each plan. Employee contributions to such plans may be made in such amounts as felt proper and necessary to the employee. Employer contributions shall be as determined by the City Council. Adopted by Action of the City Council July 7, 1975 Revised 6/80, 7/87, 7/92, 7/99 15 119 City of Cupertino UNREPRESENTED EMPLOYEES' COMPENSATION PROGRAM Policy No. 11 PUBLIC EMPLOYEES' RETIREMENT SYSTEM CONTRIBUTION At the beginning of the pay period in which 2.7% @ 55 becomes effective, the City agrees to pay the employee's contribution rate to Ca1PERS not to exceed 6.0% of applicable salary and each employee agrees to pay 2.0% of applicable salary. The City agrees to pay the employer's contribution rate to the Public Employees Retirement System Adopted by Action of the City Council June, 1981 Revised 6/87, 6/89, 7/90, 7/91, 7/92, 6/03, 7/04, 4/07, 7/10 16 120 City of Cupertino UNREPRESENTED EMPLOYEES' COMPENSATION PROGRAM Policy No. 12 DENTAL INSURANCE - EMPLOYER CONTRIBUTION It is the policy of the City of Cupertino to provide dental insurance under which employees in Management and Confidential positions and their dependents may be covered. The purpose of this program is to promote and preserve the health of employees. The premium cost for the insurance provided by the City shall not exceed $77.26 per month per employee. Enrollment in the plan or plans made available pursuant to this policy shall be in accordance with Personnel Rules of the City and the provisions of the contract for such insurance between the City and carrier or carriers. Adopted by Action of City Council July 1, 1983 Revised 7/87, 7/88, 7/89, 7/90, 7/91, 7/92, 6/95, 7/99, 4/07 17 121 City of Cupertino UNREPRESENTED EMPLOYEES' COMPENSATION PROGRAM Policy No. 13 ADMINISTRATIVE LEAVE The City Manager and department heads shall receive forty (40) hours of administrative leave with pay per year. Unrepresented employees exempt from the provisions of the Fair Labor Standards Act shall receive twenty -four (24) hours of administrative leave with pay per year. Employees may accumulate administrative leave hours up to their annual accrual. Employees shall be eligible to convert administrative leave hours to pay one time each calendar year. Adopted by Action of the City Council July, 1988 Revised 7/92, 7/97, 7/99, 7/10 In 122 City of Cupertino UNREPRESENTED EMPLOYEES' COMPENSATION PROGRAM Policy No. 14 EMPLOYEE ASSISTANCE PROGRAM It is the policy of the City of Cupertino to provide an Employee Assistance Program for the benefit of Management and Confidential employees and their eligible dependents. The purpose of this program is to provide professional assistance and counseling concerning financial, legal, pre- retirement, and other matters of a personal nature. Adopted by Action of the City Council June 17, 1996 19 123 City of Cupertino UNREPRESENTED EMPLOYEES' COMPENSATION PROGRAM Policy No. 15 PUBLIC SERVICE CREDIT — VACATION ACCUMULATION The City Manager and department heads shall earn vacation hours under the same vacation accumulation schedule as all other employees. Credit shall be provided for previous public sector service time on a year- for -year basis as to annual vacation accumulation. Credit shall only be given for completed years of service. Public service credit shall not apply to any other supplemental benefit. Employee(s) affected by this policy will have the responsibility of providing certification as to previous public sector service. Adopted by Action of the City Council July 7, 1997 Revised 6/99, 7/10 20 124 City of Cupertino UNREPRESENTED EMPLOYEES' COMPENSATION PROGRAM Policy No. 16 HOUSING ASSISTANCE PROGRAM Housing assistance may be offered to the department heads pursuant to Resolution No. 99 -070 as amended. Adopted by Action of the City Council July 7, 1997 Revised 7/99, 7/10 21 125 City of Cupertino UNREPRESENTED EMPLOYEES' COMPENSATION PROGRAM Policy No. 17 VISION INSURANCE — EMPLOYER CONTRIBUTION It is the policy of the City of Cupertino to provide vision insurance under which employees and their dependents may be covered. The purpose of this program is to promote and preserve the health of employees. The premium cost for the insurance provided by the City shall not exceed $14.36 per month per employee. Enrollment in the plan or plans made available pursuant to this policy shall be in accordance with the provisions of the contract between the City and carrier or carriers providing vision insurance coverage, Adopted by Action of the City Council July 1997 Revised 7/99, 6/02, 6/03, 7/10 22 126 City of Cupertino Listing of Unrepresented Classifications by Salary Rate or Pay Grades City Council and Planning Commission Compensation Effective July 1, 2010 23 127 CITY OF CUPERTINO CLASSES AND POSITIONS /CITY COUNCIL AND PLANNING COMMISSION EFFECTIVE JULY 1, 2010 The salaries, wages or rates of pay for those officers and employees whose positions are exempt under the provisions of the Cupertino Municipal Code, and members of the City Council and Planning Commission, are set forth below. Only the City Council can modify these rates. Classification Step 1 Step 2 Step 3 Step 4 Step 5 City Manager Step 5 City Manager $18,795 Director of Administrative Services $12,286 $12,901 $13,546 $14,223 $14,934 Director of Community Development $11,549 $12,127 $12,733 $13,370 $14,038 Director of Parks and Recreation $11,549 $12,127 $12,733 $13,370 $14,038 Director of Public Works $12,536 $13,163 1 $13,821 1 $14,513 $15,238 Members of the City Council $730.24 /month Members of the Planning Commission $50.00/meeting maximum $200.00 /month EFFECTIVE JULY 1. 2011 Classification Step A Step B Step 1 Step 2 Step 3 Step 4 Step 5 City Manager $18,983 Directors of Administrative Services,Comm unity Development, Parks & Recreation, Public Works $11,485 $12,059 $12,662 $13,295 $13,960 $14,658 $15,391 Members of the City Council $730.24 /month Members of the Planning Commission $50.00/meeting maximum $200.00 /month 24 128 CITY OF CUPERTINO CLASSES AND POSITIONS BY PAY GRADE MANAGEMENT CLASSIFICATIONS EFFECTIVE JULY 1, 2010 Classification Step 1 Step 2 Step 3 Step 4 Step 5 Assistant Director of Public Works - En $9,967 $10,465 $10,988 $11,538 $12,115 Assistant Director of Public Works - Mtc $9,514 $9,989 $10,489 $11,013 $11,564 Building Official $9,099 $9,554 $10,032 $10,534 $11,060 City Architect $9,099 $9,554 $10,032 $10,534 $11,060 City Clerk $7,716 $8,102 $8,507 $8,932 $9,379 City Planner $9,099 $9,554 $10,032 $10,534 $11,060 Environmental Affairs Coordinator $7,601 $7,981 $8,380 $8,799 $9,239 Environmental Programs Manager $7,601 $7,981 $8,380 $8,799 $9,239 Finance Director $9,099 $9,554 $10,032 $10,534 $11,060 Human Resources Director $9,099 $9,554 $10,032 $10,534 $11,060 Information Technology Manager $8,802 $9,243 $9,704 $10,190 $10,699 Park Planner $9,099 $9,554 $10,032 $10,534 $11,060 Public and Environmental Affairs Director $8,802 $9,243 $9,704 $10,190 $10,699 Public Works Project Manager $7,716 $8,102 $8,507 $8,932 $9,379 Public Works Supervisor $6,943 $7,290 $7,655 $8,037 $8,439 Recreation Supervisor $6,785 $7,124 $7,480 $7,854 $8,247 Redevelopment/Economic Development Mgr $9,099 $9,554 $10,032 $10,534 $11,060 Senior Civil Engineer $9,099 $9,554 $10,032 $10,534 $11,060 Senior Recreation Supervisor $7,480 $7,854 $8,247 $8,659 $9,092 EFFECTIVE JULY 1, 2011 Classification Step 1 Step 2 Step 3 Step 4 Step 5 Assistant Director of Public Works - En $10,066 $10,570 $11,098 $11,653 $12,236 Assistant Director of Public Works - Mtc $9,609 $10,089 $10,594 $11,124 $11,680 Building Official $9,190 $9,650 $10,132 $10,639 $11,171 City Architect $9,190 $9,650 $10,132 $10,639 $11,171 City Clerk $7,793 $8,183 $8,592 $9,021 $9,472 City Planner $9,190 $9,650 $10,132 $10,639 $11,171 Environmental Affairs Coordinator $7,677 $8,061 $8,464 $8,887 $9,332 Environmental Programs Manager $7,677 $8,061 $8,464 $8,887 $9,332 Finance Director $9,190 $9,650 $10,132 $10,639 $11,171 Human Resources Director $9,190 $9,650 $10,132 $10,639 $11,171 Information Technology Manager $8,890 $9,335 $9,802 $10,291 $10,806 Park Planner $9,190 $9,650 $10,132 $10,639 $11,171 Public and Environmental Affairs Director $8,890 $9,335 $9,802 $10,291 $10,806 Public Works Project Manager $7,793 $8,183 $8,592 $9,021 $9,472 Public Works Supervisor $7,012 $7,363 $7,731 $8,118 $8,524 Recreation Supervisor $6,852 $7,195 $7,555 $7,933 $8,329 Redevelopment/Economic Development Mgr $9,190 $9,650 $10,132 $10,639 $11,171 Senior Civil Engineer $9,190 $9,650 $10,132 $10,639 $11,171 Senior Recreation Supervisor $7,555 $7,933 $8,329 $8,746 $9,183 25 129 CITY OF CUPERTINO CLASSES AND POSITIONS BY PAY GRADE CONFIDENTIAL CLASSIFICATIONS EFFECTIVE JULY 1, 2010 Classification Step 1 Step 2 Step 3 Step 4 Step 5 Accountant $6,076 $6,380 $6,699 $7,034 $7,386 Accounting Technician $5,638 $5,920 $6,216 $6,527 $6,853 Administrative Assistant $5,062 $5,315 $5,581 $5,860 $6,153 Community Relations Coordinator $5,842 $6,134 $6,441 $6,763 $7,101 Deputy City Clerk $5,062 $5,315 $5,581 $5,860 $6,153 Executive Assistant to the City Attorney $5,538 $5,815 $6,106 $6,411 $6,731 Executive Assistant to the City Manager $5,538 $5,815 $6,106 $6,411 $6,731 GIS Coordinator $5,841 $6,133 $6,440 $6,762 $7,100 Human Resources Analyst $6,076 $6,380 $6,699 $7,034 $7,386 Human Resources Technician $5,638 $5,920 $6,216 $6,527 $6,853 I.T. Assistant $4,623 $4,854 $5,097 $5,352 $5,620 Network Specialist $5,842 $6,134 $6,441 $6,763 $7,101 Web Specialist $5,841 $6,133 $6,440 $6,762 $7,100 EFFECTIVE JULY 1. 2011 Classification Step 1 Step 2 Step 3 Step 4 Step 5 Accountant $6,137 $6,444 $6,766 $7,104 $7,460 Accounting Technician $5,695 $5,979 $6,278 $6,592 $6,922 Administrative Assistant $5,113 $5,368 $5,637 $5,919 $6,215 Community Relations Coordinator $5,900 $6,195 $6,505 $6,830 $7,172 Deputy City Clerk $5,113 $5,368 $5,637 $5,919 $6,215 Legal Services Manager $5,593 $5,873 $6,167 $6,475 $6,799 Executive Assistant to the City Manager $5,593 $5,873 $6,167 $6,475 $6,799 GIS Coordinator $5,899 $6,194 $6,504 $6,829 $7,171 Human Resources Analyst $6,137 $6,444 $6,766 $7,104 $7,460 Human Resources Technician $5,695 $5,979 $6,278 $6,592 $6,922 I.T. Assistant $4,669 $4,903 $5,148 $5,405 $5,676 Network Specialist $5,900 $6,195 $6,505 $6,830 $7,172 Web Specialist $5,899 $6,194 $6,504 $6,829 $7,171 26 130 ADMINISTRATIVE SERVICES DEPARTMENT UPERTIN CITY HALL 10300 TORRE AVENUE • CUPERTINO, CA 95014 -3255 TELEPHONE: (408) 777 -3227 www.cupertino.org CITY COUNCIL STAFF REPORT Meeting: June 21, 2011 Subs ect Transient Occupancy Tax ballot measure Recommended Action 1. Adopt Resolution No. 11- submitting to the voters at the November 8, 2011 General Municipal Election an ordinance increasing the transient occupancy tax paid by hotel guests from 10% to 12% or; 2. Defer the matter at this time and direct staff to undertake further study and report back with options regarding such a measure at a future election. Discussion and Fiscal Impact Since 1965, guests staying at City hotels have paid a Transient Occupancy Tax (TOT) based on the room charge. Unlike other cities, the tax has been 10% of the room charge since 1991. Hotels collect the tax from the hotel customer along with the room revenues and then forward the tax to the City. Unless they are paying for a hotel room in the City, City residents do not pay the tax. The money goes into the City's General Fund and is used to help maintain general City services such as library services, neighborhood police patrols, city street maintenance, rapid 9 -1 -1 emergency response times, current levels of police officers, and school traffic safety and crossing guards. It is not limited to these services, however, and could be used for other general City purposes such as maintaining Cupertino parks, picnic areas, and athletic fields and maintaining funds for parks and open space improvement projects. The City has historically been heavily dependent on sales tax as a major General Fund revenue source for general City services, with much of the tax concentrated in the volatile business -to- business sector. Hewlett- Packard, one of the City's highest sales tax producers, will move out of the City in early 2012. Their land has been purchased by Apple, Inc. to expand their own campus, which eliminates any potential for new sales tax generators to occupy the site and supplant the lost revenue stream. Accordingly, the City's Fiscal Strategic Plan Committee, with its goal of stabilizing and repositioning City revenue sources, looked at possible revenue enhancing measures for 2011 /12. After discussing various options, including a sales tax increase or new parcel tax, the Committee proposed a TOT increase of 2% that could provide about $450,000 in additional revenues per year, based on a long -term average of $2,250,000 per year in tax revenues. Factors favoring this option are that the TOT affects those living outside of the City, involves mostly the hotels or businesses using the hotels, and needs a 50% plus one simple majority of voters at a general election to pass as opposed to two - thirds. 131 Staff discussed the tax increase with the City's four existing hotels, owners of the Shashi Hotel and the Chamber's Legislative Action Council and Board. Three of the five hoteliers did not take issue with the tax increase while Cypress and Cupertino Inn opposed due to the timing of the effective date. Possible delays in the January 1, 2012 effective date were also discussed in an effort to meet the concerns of the hotels. The Chamber Board voted on June 8 th to oppose the measure, and Apple, Inc — a large user of our hotel nights — will remain neutral on the issue as their negotiated contracts are on room rates only and do not address local tax rates. At 12 %, Cupertino would be equal to Campbell and Palo Alto, but below San Jose's 14 %+ in Santa Clara County, as per the table of current tax rates below. Seventy -three percent of Campbell voters approved an increase from 10 to 12% in 2010 while eighty -one percent in Palo Alto did the same in 2007. A March 2011 Godbe Survey indicated that 62 to 68% of Cupertino voters would support a similar increase. Seventy -three percent would support a 1% increase, but because the support for 2% is more than adequate for a simple majority requirement, staff recommends submitting two percent to the voters. One percent would generate approximately $225,000 per year. San Jose 14 %+ (a) Campbell 12% Palo Alto 12% Los Altos 11% Cupertino (current) 10% Los Gatos 10% Milpitas 10% Morgan Hill 10% Mountain View 10% Saratoga 10% Santa Clara 9.5 %+ (b) Sunnyvale 9.5% Gilroy 9% Los Altos Hills -- Monte Sereno -- Notes: (a) Represents 10% TOT plus 4% Convention Center Facility District Tax assessment plus a sliding scale BID fee based on proximity to the Convention Center ranging from $.75 - $2.00 per night. (b) Plus a 2% additional charge for nine hotels in the vicinity of the 49er stadium. Twelve percent is more common in San Mateo County. Of the fifteen cities in that County with a TOT, nine have a rate or equivalent rate and fees of 12 %, with five at 10% and one at 8 %. 132 Using average room rate statistics for the City, the average increase on a hotel bill, with a 2% tax rise, would be $2.63 per night. Actual room rates and resulting tax increase, however, can vary widely depending on the hotel room, date of stay, and rate plan. Hotel web sites normally do not include taxes when doing rate comparisons. It will cost the City $37,285 in election costs to include this measure on the November 2011 ballot. Prepared by: David Woo, Finance Director Reviewed by: Carol A. Atwood, Director of Administrative Services Approved for Submission by. David W. Knapp, City Manager Attachments: Draft Resolution Exhibit A - Ordinance 133 RESOLUTION NO. 11- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO SUBMITTING TO THE VOTERS AT THE NOVEMBER 8, 2011 GENERAL MUNICIPAL ELECTION AN ORDINANCE AMENDING TITLE 3 OF THE CUPERTINO MUNICIPAL CODE INCREASING THE TRANSIENT OCCUPANCY TAX WHEREAS, since 1965 transient hotel guests have paid a Transient Occupancy Tax (TOT) on hotel rooms in Cupertino. Like many other California cities, Cupertino uses this funding to provide essential public services through its general fund, and without this revenue, the City would be forced to cut funding that supports: library services, neighborhood police patrols, rapid 9 -1 -1 emergency response times, city street maintenance, current levels of police officers, and school traffic safety and crossing guards; and WHEREAS, the rate of the TOT has been ten percent (10 %) since 1991; and WHEREAS, many residents live in Cupertino because it offers a higher level of service, programs and quality of life than neighboring cities; and WHEREAS, TOT is an important revenue source and increasing that revenue to the general fund will ensure that the City can maintain the high quality of public safety, support library services, maintain city streets, and continue assisting with school traffic safety and crossing guards; and WHEREAS, TOT is paid by hotel guests only and not directly by Cupertino residents; and WHEREAS, an increase in the TOT rate to twelve percent (12 %) would help maintain city services, including library services, neighborhood police patrols, city streets, 9 -1 -1 emergency response times, current levels of police officers, and school traffic safety and crossing guards. NOW, THEREFORE, BE IT RESOLVED THAT: 1. At the November 8, 2011 General Municipal Election, there shall be submitted to the qualified voters of the City of Cupertino an ordinance amending Title 3 of the Cupertino Municipal Code, to amend Chapter 3.12.030, the Transient Occupancy Tax. 2. The text of the ballot measure is attached to this resolution as Exhibit A and incorporated herein by this reference. The text of the measure shall not be printed in the sample ballot pamphlet materials, but copies of the measure shall be available from the City Clerk. 134 3. The procedures for voting for and against said question shall be those established by Santa Clara County and the question shall be printed in substantially the following form: Cupertino Transient Occupancy Tax. To maintain and protect general city services, including library services, neighborhood police patrols, rapid 9 -1 -1 YES emergency response times, city street maintenance, current levels of police officers and school traffic safety and crossing guards, shall the City of Cupertino increase the existing transient occupancy tax paid by hotel guests from 10% to 12% with NO proceeds placed in the City's General Fund for local use, requiring annual audits and public expenditure review? law. 4. The ballots to be used at the election shall be in the form and content as required by 5. The polls shall be open at 7:00 am of the date of the election and shall remain open continuously from that time until 8:00 pm of the same day when the polls shall be closed, except as provided in Section 14401 of the California Elections Code. 6. 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. 7. The City of Cupertino requests that said election be consolidated with other November elections and that this governing body consents to such consolidation. The vote requirement for passage of the measure is a majority of the votes cast (50% plus 1). 9. In all particulars not recited in this resolution, the election hereby called shall be as provided by state and local law for holding municipal elections in the City. 10. Notice of the time and place of holding the election is given and the City Clerk is authorized, instructed and directed to give further or additional notice of the election, in time, form and manner as required by law. 11. Arguments in favor or against the proposed measure shall be filed with the City Clerk by Tuesday, July 5, 2011 at 5:00 p.m. 12. Rebuttals to arguments in favor or against the proposed measure shall be filed with the City Clerk by Friday, July 15, 2011 at 5:00 p.m. 135 13. The City Attorney shall prepare an impartial analysis of the measure not to exceed 500 words in length and which is to be filed with the County no later than Friday, August 19, 2011. 14. The City Clerk shall cause the following statement to be printed in the Impartial Analysis, to be prepared by the City Attorney: "The above statement is an impartial analysis of Measure . If you desire a copy of the measure, please call the City Clerk's office at 408- 777 -3223 and a copy will be mailed at no cost to you." 15. The City Clerk shall publish a notice of election and synopsis of the measure one time in a newspaper of general circulation. 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 Citv Council AYES: NOES: ABSENT: ABSTAIN: ATTEST: APPROVED Kim Smith, City Clerk City of Cupertino Gilbert Wong, Mayor City of Cupertino 136 EXHIBIT A DRAFT ORDINANCE NO. It- AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CUPERTINO AMENDING CHAPTER 3.12.030 OF THE MUNICIPAL CODE INCREASING THE TRANSIENT OCCUPANCY TAX RATE THE CITY COUNCIL OF THE CITY OF CUPERTINO DOES HEREBY ORDAIN AS FOLLOWS: WHEREAS, since 1965 transient hotel guests have paid a Transient Occupancy Tax (TOT) on hotel rooms in Cupertino. Like many other California cities, Cupertino uses this funding to provide essential public services through its general fund, and without this revenue, the City would be forced to cut funding that supports: library services, neighborhood police patrols, rapid 9 -1 -1 emergency response times, city street maintenance, current levels of police officers, and school traffic safety and crossing guards; and WHEREAS, the rate of the TOT has been ten percent (10 %) since 1991; and WHEREAS, many residents live in Cupertino because it offers a higher level of service, programs and quality of life than neighboring cities; and WHEREAS, TOT is an important revenue source and increasing that revenue to the general fund will ensure that the City can maintain the high quality of public safety, support library services, maintain city streets, and continue assisting with school traffic safety and crossing guards; and WHEREAS, TOT is paid by hotel guests only and not directly by Cupertino residents; and WHEREAS, an increase in the TOT rate to twelve percent (12 %) would help maintain city services, including library services, neighborhood police patrols, city streets, 9 -1 -1 emergency response times, current levels of police officers, and school traffic safety and crossing guards. NOW THEREFORE, the People of the City of Cupertino do ordain as follows: Section L Code Amendment Chapter 3.12.030. of the Cupertino Municipal Code is hereby amended to read as follows: For the privilege of occupancy in any hotel, each transient is subject to and shall pay a tax in the amount of twelve teerpercent of the rent charged by the operator. The tax constitutes a debt owed by the transient to the City, which is extinguished only by payment to the operator or to the City. The transient shall pay the tax to the operator of the hotel at the time the rent is paid. If the rent is paid in installments, a proportionate share of the tax shall be paid with each installment. The unpaid tax shall be due upon the transient's ceasing to occupy space in the hotel. If for any reason the tax due is not paid to the operator of the hotel, the Tax Administrator may require that such tax is paid directly to the Tax Administrator. 137 Section 2. Effective Date. This Ordinance shall take effect January 1, 2012 if approved by a majority vote of the electorate voting on the issue, at the General Municipal Election to be held November 8, 2011 within the City of Cupertino. If so approved, the City Clerk shall certify to adoption of this Ordinance. Section 3. Severabihbt . Should any provision of this Ordinance, or its application to any person or circumstance, be determined by a court of competent jurisdiction to be unlawful, unenforceable or otherwise void, that determination shall have no effect on any other provision of this Ordinance or the application of this Ordinance to any other person or circumstance and, to that end, the provisions hereof are severable. Section 4. Amendment or Repeal Chapter 3.12.030 of the Cupertino Municipal Code may be repealed or amended by the City Council without a vote of the people. However, as required by Article XIIIC of the California Constitution, voter approval is required for any amendment provision that would increase the rate of any tax levied pursuant to this Ordinance. The People of the City of Cupertino affirm that the following actions shall not constitute an increase of the rate of a tax: 1. The restoration of the rate of the tax to a rate that is no higher than that set by this Ordinance, if the City Council has acted to reduce the rate of the tax; 2. An action that interprets or clarifies the methodology of the tax, or any deduction applicable to the tax, as long as interpretation or clarification (even if contrary to some prior interpretation or clarification) is not inconsistent with the language of this Ordinance. 3. The establishment of a class of persons that is exempt or excepted from the tax or the discontinuation of any such exemption or exception (other than the discontinuation of an exemption or exception specifically set forth in this Ordinance); and 4. The collection of the tax imposed by this Ordinance, even if the City had, for some period of time, failed to collect the tax. Section 5. Ratification of Prior Tax The voters of the City of Cupertino hereby ratify and approve the past collection of the Transient Occupancy Tax under Chapter 3.12.030 of the Cupertino Municipal Code as it existed prior to the effective date of this Ordinance. Section 6. Certification. The Mayor is hereby authorized to sign where indicated below to certify to the adoption of this Ordinance. 138 PASSED, APPROVED and ADOPTED by the People of the City of Cupertino this Stn day of November, 2011. Gilbert Wong Mayor, City of Cupertino ATTEST: Kim Smith, City Clerk 139 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 21, 2011 Subs ect Unscheduled vacancy on the Technology, Information, and Communications Commission (TICC) with a term ending January 2015. Recommended Action Council must do one of the following: 1) Appoint at this meeting one of the previously interviewed applicants; or 2) Direct staff to continue advertising to accept additional applications, and schedule an interview date Discussion Mr. Jitendra Jadhav was appointed to the TICC in January of this year, and resigned on May 26. The City Clerk has posted the vacancy notice as required by law. Because Council had recently interviewed applicants for the TICC, there are two options: (1) Resolution No. 10 -048 would allow the council to appoint one of the three remaining applicants that were interviewed on May 3 without conducting an additional interview. The remaining candidates are Beverly Siegel, Chris, Zhang, and Srinivas Vadhri (2) Council may instead wish to wait for additional applicants and select a date to conduct interviews Prepared by: Grace Schmidt, Deputy City Clerk Reviewed by. Kimberly Smith, City Clerk Approved for Submission by David W. Knapp, City Manager Attachments: 140 OFFICE OF THE CITY CLERK CITY HALL 10300 TORRE AVENUE • CUPERTINO, CA 95014 -3255 TELEPHONE: (408) 777 -3223 www.cupertino.org UPERTIN CITY COUNCIL STAFF REPORT Meeting: June 21, 2011 Subs ect Consider canceling a meeting(s) in summer. Recommended Action Provide direction to staff. Discussion It has been past City Council practice to cancel one or two meetings to accommodate Council members' vacation plans. When considering which meeting(s) to cancel, please take note of the following item: Weed abatement assessment must be approved on either July 19 or August 2 Other items scheduled for July and August can be delayed but cannot be heard earlier. These include: • Cleo — Habitat for Humanity (July 5) • RDA 5 -year Implementation Plan (Aug 2) • Sloped lots /single family ordinance (Aug 2) • Sloped lots /single family ordinance second reading (Aug 16) • Development Permit Process ordinance (Aug 16) Prepared by. Grace Schmidt, Deputy City Clerk Reviewed by. Kimberly Smith, City Clerk and Community Development Director Aarti Shrivastava Approved for Submission by David W. Knapp, City Manager Attachments: Calendar 141 JUNE 5 b ! 7 8 ! <9 110 11 *CLOSED City Council Summer Concert Shakespeare in the 4tn of JULY Commission Series 6:30 pm Park 7:30 pm,' *Summer Concert Memorial Park Memorial Park 14' Series 10.30 am Mark Vacation 17 Dave gone Dave! one Dave `on 12! 13 ! 14 15 <16 17 18 10 11 Planning 13' Summer Concert 15 16 Memorial Park Commission Series 6 :30 pm Memorial Park Memorial Park' 21 ` 22 ` Commission 24' Memorial Park 26 27 Dave gone Dave gone Dave gone Dave gone Dave gone Dave gone Dave gon 19 ! 20 ! 21 22' 23 24 25 ss Memorial Park ss City Council Summer Concert Memorial Park Memorial Park 24! 25! 26 27 Series 6:30 pm 29 30 Shakespeare in the Planning ! Memorial Park 26! 27! 28 29 <30 1 2 31 >' 1 Planning 3 Summer Concert 5 6 Commission Series 6 :30 pm Memorial Park JULY 3 4 5 6> 7 8 9 *CLOSED City Council Summer Concert Shakespeare in the 4tn of JULY Commission Series 6 :30 pm Park 7:30 pm,' *Summer Concert Memorial Park Memorial Park 14' Series 10.30 am 16 17 18 19 20 Shakespeare in the Memorial Park City Council Shakespeare in the Shakespeare in the 10 11 12 13' >.14 15 16 Memorial Park Planning ! Cinema at Sundown Memorial Park Memorial Park' 21 ` 22 ` Commission 24' 8:30 pm Memorial Park 26 27 17 ! 18 ! 19 20! 21 22 23 Park 7 :30pm City Council Cinema at Sundown Park 7:30 pm, Park' 7:30 pm ss Memorial Park ss 8:30 pm Memorial Park Memorial Park Memorial Park 24! 25! 26 27 28 29 30 Shakespeare in the Planning ! Cinema at Sundown Park 7:30pm Mem Park Commission 8:30 pm Memorial' Park 31 >' 1 2 3 4 5 6 City Council Cinema at Sundown 830 pm Memorial Park AUGUST 7 ! 8 ! 9 10! 11 12 13 Planning Shakespeare in the Commission Park 7:30 pm,' Memorial Park 14' 15' 16 17 18 19 20 Shakespeare in the City Council Shakespeare in the Shakespeare in the Park 7 30pm Park 7 :30 pm, Park 7:30 pm Memorial Park Memorial Park Memorial Park' 21 ` 22 ` 23 24' 25 26 27 Shakespeare in the Planning ! Shakespeare in the Shakespeare in the Park 7 :30pm Commission Park 7:30 pm, Park' 7:30 pm ss Memorial Park ss Memorial Park Memorial Park 28 ! 29 ! 30 31` Shakespeare in the Park 7:30pm Mem Park G:ACity C1erk\Staffreports \counc1l schedule 2011.doc 142