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CC 05-20-02
AGENDA CUPERTINO CITY COUNCIL ~ REGULAR MEETING CUPERTINO REDEVELOPMENT AGENCY ~ REGULAR MEETING 10300 Torre Avenue, City Hall Council Chamber Monday May 20, 2002 6:45 p.m. CITY COUNCIL MEETING PLEDGE OF ALLEGIANCE ROLL CALL CEREMONIAL MATTERS - PRESENTATIONS POSTPONEMENTS WRITTEN COMMUNICATIONS ORAL COMMUNICATIONS This portion of the meeting is reserved for persons wishing to address the council on any matter not on the agenda. Speakers are limited to three (3) minutes. In most cases, State law will prohibit the council from making any decisions with respect to a matter not listed on the agenda. CONSENT CALENDAR Unless there are separate discussions and/or actions requested by council, staff or a member of the public, it is requested that items under the Consent Calendar be acted on simultaneously. 1. Approval of minutes: May 3, 6 and 13. 2. Accounts Payable: May 3 and May 10, Resolution Nos. 02-083 and 02-084. 3. Payroll: May 10, Resolution No. 02-085. 4. Application for Alcoholic Beverage License, Olam Thai Cuisine, 19672 Stevens Creek Blvd. 5. Approve the destxuction of records from the City Clerk, Community Development, Finance, and Emergency Preparedness files, which are in excess 'of two years old, Resolution No. 02-086. 6. Declaring weeds and brush growing on certain described properties to be a public nuisance and setting hearing for June 17 for objections to proposed removal, Resolution No. 02-087. May 20, 2002 Page 4 Cupertino City Council & Cupertino Redevelopment Agency Toyokawa Sister City Alternate Valley Transportation Authority Political Action Committee Alternate West Valley Mayors and Managers Vice-Mayor Michael Chang: Audit Committee Leadership Cupertino Legislative Review Committee Library Steering Committee Public Dialog Liaison Santa Clara County Housing and Community Developmem Block Grant (CDBG) Alternate Santa Clara County Library JPA Alternate West Valley Mayors and Managers Alternate Councilmember Sandra James: Association of Bay Area Governments Economic Development Committee Environmental Review Committee Alternate Library Steering Committee Skate Park Committee Santa Clara County Emergency Preparedness Santa Clara Valley Water Alternate Councilmember Patrick Kwok: Leadership Cupertino Library Steering Committee Alternate North Central Flood Zone Northwest Flood Zone Santa Clara Valley Water Santa Clara County Cities Alternate Skate Park Alternate Toyokawa Sister City Councilmember Dolly Sandoval: Association of Bay Area Governments (ABA) Alternate Audit Committee Environmental Review Committee Legislative Review Committee Santa Clara County Cities Legislative Review Santa Clara County Emergency Preparedness Alternate Santa Clara County Housing and Community Development Block Grant (CDBG) Valley Transportation Authority Policy Advisory Committee May 20, 2002 Page 5 CLOSED SESSION ADJOURNMENT Cupertino City Council 8: Cupertino Redevelopment Agency Adjourn to a Budget Advisory study session from 5:00 p.m. to 9:00 p.m. on Tuesday, May 28. REDEVELOPMENT AGENCY MEETING Canceled for lack of business. CITY OF CUPE iNO DRAFT MINUTES CUPERTINO CITY COUNCIL Friday, May 3, 2002 CALL TO ORDER At 3:30 p.m. Mayor Lowenthal called the meeting to order in the Hinson Center on the DeAnza College Campus, Cupertino, California. ROLL CALL City Council members present: Mayor Richard Lowenthal, Vice-Mayor Michael Chang, and Council members Sandra James, Patrick Kwok, and Dolly Sandoval. Council members absent: None. ORAL COMMUNICATIONS - None COMMUNITY CONGRESS Doug Suisman, urban designer, illustrated his discussion of ideal public places with a slide show. Audience members participated in an exercise to evaluate proposed General Plan changes, and met in small discussion groups based on the following categories: · Commercial Development · Environmental Resources · Housing · Jobs · Neighborhoods · Open Space and Parks · Transportation and Traffic · Walkability and Trails Representatives of each discussion group reported back to the full group with their foremost suggestion for the next step in each category. May 3, 2002 Cupertino City Council Page 2 ADJOURNMENT At 8:05 p.m., the meeting was adjourned. Kimberly Smith, City Clerk The Community Congress was not televised, but portions were videotaped and will be shown on Cable Channel 26. A summary report from the facilitators/consultants will be distributed to event participants and will be available in the City Clerk's Office in June. CITY OF cUPEPxTINO DRAFT MINUTES CUPERTINO CITY COUNCIL Monday, May 6, 2002 PLEDGE OF ALLEGIANCE At 6:45 p.m. Mayor Lowenthal called the meeting to order in the Council Chambers, 10300 Torte Avenue, Cupertino, California, and led the Pledge of Allegiance. ROLLCALL City Council members present: Mayor Richard Lowenthal, Vice-Mayor Michael Chang, and Council members Sandra James, Patrick Kwok, and Dolly Sandoval. Council members absent: None. Staff present: City Manager David Knapp, Administrative Services Director Carol Atwood, City Attorney Charles Kilian, Community Development Director Steve Piasecki, Associate Planner Peter Gilli, Parks and Recreation Director Therese Smith, Public Information Officer Rick Kitson, Public Works Director Ralph Qualls, and City Clerk Kimberly Smith. POSTPONEMENTS - None WRITTEN COMMUNICATIONS - None ORAL COMMUNICATIONS Robert Levy, 10802 Wilkinson Ave., compared maps of Cupertino with his previous neighborhood in New York. He illustrated the differences in density and how it affected walking patterns with accessibility to shopping, schools, and other services. He said that he didn't think that a similar propensity to walk to services would happen in Cupertino. CONSENT CALENDAR Chang/James moved to approve the items on the Consent Calendar as recommended, with the exception of Items 2, 7, and 8 which were pulled for discussion. Vote: Ayes: Chang, James, Kwok, Lowenthal, Sandoval. Noes: None. Accounts Payable: April 12, April 19, and April 26, Resolution Nos. 02-073 through 02- 075. 4. Payroll: April 26, Resolution No. 02-076 May 6, 2002 Cupertino City Council Page 2 5. Treasurer's Budget Report - March 2002. Name recommendations from the Cupertino Parks and Recreation Commission for two tot lots in the Oak Valley neighborhood. Authorizing execution of improvement agreement, Steven William Paterson and Laura Louise Paterson, Husband and Wife, as Community Property, 10106 Crescent Court, APN 326-17-029, Resolution No. 02-078. 10. Grant of easement, roadway, Steven William Paterson and Laura Louise Paterson, 10106 Crescent Court, APN 326-17-029, Resolution No. 02-079. 11. Quitclaim deed, Steven William Paterson and Laura Louise Paterson, 10106 Crescent Court, APN 326-17-029, Resolution No. 02-080. 12. Acceptance of improvements (grading): Darmawan, Johan & Susana, 22650 Alcalde Road, APN 342-16-042. (No documentation in packet). 13. Authorizing a request to the Metropolitan Transportation Commission for the allocation of Fiscal Year 2001-02 Transportation Development Act Article 3 Pedestrian/Bicycle Project Funding for the San Tomas Aquino-Saratoga Creek Trail in the amount of $80,000, Resolution No. 02-081. ITEMS REMOVED FROM THE CONSENT CALENDAR (above) 2. Approval of minutes: April 15, 2002. James/Kwok moved to approve the minutes as amended to add, "Mayor Lowenthal agreed with the two recommendations from Prometheus and asked the Housing Commission to consider that when redeveloping, replaced housing units should not count in the Below Market Rate ratio. He also said that salary bands should be adjusted upward so that public service employees will be eligible for Below Market Rate housing." Vote: Ayes: Chang, James, Kwok, Lowenthal, Sandoval. Noes: None. Approval of fee waiver request in the approximate amount of $3,756.00 from the World Journal and the Chinese Community Service Center for its first Mother's Day Fun Fair event on May 11 and 12. Corinna Chang, representing the World Journal, described the activities planned for the event on May 11-12, and requested a fee waiver. Parks and Recreation Director Therese Smith explained that it is the city's policy to only waive fees for non-profit organizations in which the money that is raised goes back into the community. She recommended denial of the waiver. Chang explained that there were other sponsors of the event that were non-profit organizations. May 6, 2002 Cupertino City Council Page 3 Chang/Sandoval moved to continue this item to the next Council meeting so that staff may prepare a clarifying report explaining the non-profit status of the co-sponsors of the event, and whether granting this waiver wOuld Set a new precedent. Vote: Ayes: Chang, James, Kwok, Lowenthal, Sandoval. Noes: None. o Authorizing staff to proceed with application for two Safe Routes to Schools grants for Cupertino High School area and Garden Gate area, and requesting a commitment of $65,500.00 for local share of grant funds, Resolution No. 02-077. Public Works Director Ralph Qualls distributed and highlighted an amended resolution. James/Chang moved to adopt amended Resolution No. 02-077. Vote: Ayes: Chang, James, Kwok, Lowenthal, Sandoval. Noes: None. Mayor Lowenthal re-ordered the agenda to discuss Item 1 next. CEREMONIAL MATTERS - PRESENTATIONS 1. Presentation to graduating class of Tomorrow's Leaders Today (TLT). Graduate Rupa Dev gave a brief address to the Council, saying that the TLT class helped her to develop important skills in leadership and volunteerism. Graduate Matt Barkley assisted Mayor Lowenthal in the presentation of the certificates of completion to the class. Mayor Lowenthal presented bouquets to co-directors Barbara Nunes and Gail Jensen, who will be retiring from the program. The Council offered their thanks to the co- directors and the school district. Mayor Lowenthal re-ordered the agenda to discuss Item 17 next. NEW BUSINESS 17. Authorizing the Mayor to forward comments to the Foothill/De Anza Community College District regarding the De Anza College Facilities Master Plan Draft Environmental Impact Report (DEIR). Community Development Director Steve Piasecki reviewed the staff report and a slide presentation listing the issues of concern to the city. He distributed a package of three documents responding to the draft EIR. Mike Brandy, Vice-President of Finance and College Services, responded to questions regarding the identification of potential housing sites on campus; the location of the transit center and possible noise impacts; how the construction schedule will impact the availability of on-campus parking, and how they propose to address the parking situation with a shuttle from Vallco, valet parking, and carpools or vanpools. May 6, 2002 Cupertino City Council Page 4 Council members requested: That the district notify the neighborhood and accept public input even if it is not required by law; encouraged the district to hold a public information meeting and notice the 1,000 foot radius again; develop a means of monitoring the transit center to insure its successful implementation; and encouraged the district to find ways of alleviating the traffic created by the college and the flea market. The Council also asked that the college board commit to not asking for any more parking from neighborhoods or commercial uses, and ask that the board be prepared to help the city financially to solve the traffic problems. Dr. Martha Kanter, DeAnza College President, discussed the distance learning program and how its anticipated popularity can help to alleviate traffic impacts. James/Kwok moved and seconded to authorize the Mayor to sign the letter regarding the De Anza College Facilities Master Plan Draft Environmental Impact Report (DEIR), as shown in the staff report distributed May 3, with the addition of text requesting safe bike routes through the campus, particularly to the Mary Avenue over-crossing. Vote: Ayes: Chang, James, Kwok, Lowenthal, Sandoval. Noes: None. PUBLIC HEARINGS - None PLANNING APPLICATIONS - None Mayor Lowenthal re-ordered the agenda to discuss Item 14 next. UNFINISHED BUSINESS 14. Amending resolution that established a Cupertino Teen Commission, Resolution No. 02- 065. Sandoval/James moved to adopt Resolution No. 02-065. Vote: Ayes: Chang, James, Kwok, Lowenthal, Sandoval. Noes: None. NEW BUSINESS 15. Set date for Teen Commission interviews. Council concurred to schedule the interviews for June 19, 5:00 p.m., pending confirmation of Council member Chang's availability. 16. Appeal by Daniel Harris of Harfisbuilt challenging staff's decision to purchase the mobile skate park from Ball Hitch Ramps. The City Clerk distributed an amended staff report, which included 3 pages that had been omitted from the March 11 memorandum to the City Manager from Therese Smith. May 6, 2002 Cupertino City Council Page 5 Daniel Harris said his company had invented the technology to build a mobile skate park over the last 3 years, and his bid information was given to a competitor, thereby negating the competitive process. He had also begun working with Parks and Recreation staff, but the job was pulled and sent out to bid 5 days later. City Attorney Kilian said that the staff and Council had wished to proceed as expeditiously as possible. The city made the award to the low bidder and the project is now completed and the contractor paid, and the City Manager had determined that the city's purchasing process had been followed. If the appellant has any claim it would be for loss of money, and he may desire to file a claim with the city's insurance company. James/Kwok moved to deny the appeal. Vote: Ayes: Chang, James, Kwok, Lowenthal, Sandoval. Noes: None. Sandoval asked that the record reflect that the city employees are held to the highest standard for purchasing procedures, and the city manager has indicated that the staff is being educated about the process. 18. Approval of permit parking on the north side of Mary Avenue between the Senior Center Driveway and the eastern entrance to the Glenbrook Apartments form 8:00 a.m. to 5:00 p.m. Monday through Friday, Resolution No. 02-082. Public Works Director Qualls distributed an amended resolution. Sandoval/James moved to adopt Resolution No. 02-082 approving permit parking on the north side of Mary, and asking the City Manager to implement a 2-hour parking restriction on the north parking lot at Memorial Park. Council asked that notice of the permit parking change be posted for 2 weeks prior to the change on the street and at the Senior Center. Vote: Ayes: Chang, James, Kwok, Lowenthal, Sandoval. Noes: None. 19. First reading of Ordinance No. 1895: "An Ordinance of the City Council of the City of Cupertino Adopting Chapter 2.__ of the Cupertino Municipal Code Establishing the Bicycle Pedestrian Commission." David Greenstein, chairperson of the Bicycle Pedestrian Commission, thanked the Council for their support, and said the Commission requests that the membership be restricted to 5 members, and that the requirement for a pedestrian expert be removed. He suggested that that requirement be replaced with canvassing pedestrian groups when filling vacancies. The City Clerk read the title of the ordinance. Chang/Kwok moved and seconded to read the ordinance by title only, and that the City Clerk's reading would constitute the first reading thereof, and to (1) Correct "Bicycle and Pedestrian Commission" to read "Bicycle Pedestrian Commission; and 2) Delete line in paragraph .010 which said, "At least one member shall be a person experienced in pedestrian issues and walk-ability. Vote: Ayes: Chang, James, Kwok, Lowenthal, Sandoval. Noes: None. May 6, 2002 Cupertino City Council Page 6 Chang/Sandoval moved to request that the City Clerk's office summarize the Council members' comments regarding their desire to have a balance of members primarily interested in either cyclist or pedestrian concerns. This summary shall be provided to the ' City Council when it is preparing to interview candidates, and shall be incorporated into the outreach effort to fill vacancies. In particular the Council wishes to be aware of the needs of the handicapped, the elderly, and families with small children. Vote: Ayes: Chang, James, Kwok, Lowenthal, Sandoval. Noes: None. ORDINANCES 20. Second reading of Ordinance No. 1894: "An Ordinance of the City Council of the City of Cupertino Amending Chapter 19.08 Regarding the Definition of Setback Line." The City Clerk read the title of the ordinance. James/Kwok moved to read the ordinance by title only, and that the City Clerk's reading would constitute the second reading thereof. Vote: Ayes: Chang, James, Kwok, Lowenthal, Sandoval. Noes: None. James/Kwok moved to enact Ordinance No. 1894. Vote: Ayes: Chang, James, Kwok, Lowenthal, Sandoval. Noes: None. STAFF REPORTS 21. Revenue and expenditure status report. Council received the report from Administrative Services Director Carol Atwood. Chang/Sandoval moved to 1) Un-appropriate the list of items shown in the staff report (savings from cun'ent year budget) and 2) At the end of the year, if there is still a revenue shortfall, obtain the necessary monies from the Economic Uncertainty reserve. Vote: Ayes: Chang, James, Kwok, Lowenthal, Sandoval. Noes: None. COUNCIL REPORTS Council members highlighted the activities of their committees and various community events. CLOSED SESSION - None May 6, 2002 Cupertino City Council Page 7 ADJOURNMENT At 9:40 p.m., the meeting was adjourned to a joint study session with the Planning Commission on the Villa Serra project on Monday, May 13 at 4:30 p.m. in Conference Room C, followed by interviews of Planning Commission applicants at 6:00 p.m. Kimbefly Smith, City Clerk For more information: Staff reports, backup materials, and items distributed at the meeting are available for review at the City Clerk's Office, 777-3223. Televised Council meetings may be viewed live on Cable Channel 26, and may also be viewed live or on demand at www.cupertino.org. Videotapes of the televised meetings are available at the Cupertino Library, or may be purchased from the Cupertino City Channel, 777-2364. CITY OF CUPE INO DRAFT MINUTES CUPERTINO CITY COUNCIL (Regular Adjourned Meeting) CUPERTINO PLANNING COMMISSION (Special Meeting) Monday, May 13, 2002 CALL TO ORDER At 4:40 p.m. Mayor Lowenthal called the meeting to order in Conference Room C, 10300 Torre Avenue, Cupertino, California. ROLL CALL City Council members present: Mayor Richard Lowenthal, Vice-Mayor Michael Chang, and Council members Patrick Kwok and Dolly Sandoval. Council members absent: Sandra James. Planning Commission members present: Chairperson Charles Corr and Commissioners Marc Auerbach, Angela Chen, and Taghi Saadati. Planning Commissioner members absent: None. Staff present: City Manager David Knapp, Deputy City Attorney Eileen Murray, Community Development Director Steve Piasecki, City Planner Cynthia Wordell, Senior Planners Aarti Shrivastava and Vera Gil, Parks and Recreation Director Therese Smith, Public Works Director Ralph Quails, and City Clerk Kimberly Smith. ORAL COMMUNICATIONS - None STUDY SESSION Joint' meeting of the City Council and Planning Commission to introduce a plan by Prometheus Real Estate Group to redevelop a portion of the existing Villa Serra and Grove Apartments located on Homestead Road near Stelling Road. Community Development Director Steve Piasecki' highlighted the staff report, and said that after receiving Council feedback on this conceptual proposal, the applicant will prepare a development proposal that will go through the formal public hearing process. He said that staff had met with the Prometheus Real Estate Group over the last year to discuss redeveloping the 336-unit Villa Serra Apartments and the 52-unit Grove Apartments. A master plan was prepared which would have been constructed in phases. Because of changing economic conditions, Prometheus is now modifying the plans to develop only a portion of the site. May 13, 2002 Page 2 Cupertino City Council & Cupertino Planning Commission Piasecki listed the major issues associated with adding higher density in this area, as follows: · Need for public open space, since there are no Cupertino public parks in the area · Bicycle and pedestrian access through the site from Stelling Road to Franco Court and out to Homestead Road · Pedestrian/Bicycle enhancements to the Stelling Road/Highway 280 overpass · Traffic mitigation · Site design relationships and building interface of new four-story buildings with existing older two-story apartments · Long-term site relationship to adjacent commercial centers · Retention and relocation or replacement of existing trees · Reduction of the more affordable market-rate housing stock · Early notice and relocation assistance to tenants displaced by the redevelopment He talked about the impacts on traffic from this and other proposed developments in the area, and said that Council should assume that the proposed Juniper Networks development will occur, which would be a sizeable impact. He also said that the city owns the water pump site adjacent to the Villa Serra property, which may be a potential site for a small park. John Moss, a principle with Prometheus Real Estate Group, introduced his colleague Phil Mater, building Architect Don Sandy, and landscape architect Paul Lettieri. Moss distributed a folder highlighting the Prometheus Group and discussed their other developments in Cupertino. He reviewed the site plan of the original master plan and discussed the underground parking, the recreation area, and "finger parks" in other locations on the site. Moss distributed a Mercury News article about declining rental prices. He introduced their revised concept for an initial phase, which may be all that will be redeveloped for some time. Of the existing 400 units, they would remove some and build others, for a net increase of 264 units. Forty of those would be below-market-rate (BMR) units. Paul Lettieri with the Guzzardo Group discussed the proposed landscape plan. He said the intent was to create a type of city grid with lively streets. Both vehicle and pedestrian traffic would be channeled to the same place, while at the same time they would provide paths for pedestrians and bicycles only. Each podium section would have a garden area on top of the garage. Don Sandy of Sandy & Babcock, the building architect, discussed the parking structures and the streets, which would be tree-lined with parking on one side. The intention is to make it inviting to people inside and outside of the immediate neighborhood. Each center courtyard would serve as a small subdivision with a small recreational amenity such as a spa, a weight room, or a small pool. The large center "town square" would have other recreational amenities. Sandy discussed the architecture, which was a modem interpretation of classic French architecture. He distributed copies of the elevations and an aerial photograph of the site. May 13, 2002 Cupertino City Council & Page 3 Cupertino Planning Commission Kwok asked why the buildings would be four levels high, since land was not a limiting factor in this area. Moss said that it was a matter of unit yield, and although the buildings would be higher than others in the area, there are some significant buffers around the neighborhood. Moss discussed the tenant mix and said they expect that the majority of tenants would be singles, or families with very small children. Sandoval said she was excited about the proposal. She felt this was a good location for a more high-density, urban look, and although there will be traffic impacts, the complex is close to Highway 280. Lowenthal noted that the Juniper Networks development is proposed to be 2 million square feet of office, and it will have a major impact on traffic. Piasecki said that although Prometheus is proposing a different plan than their earlier master plan, the housing units are still identified in the General Plan so there is not a problem in terms of meeting ABAG requirements. However, some problems still not addressed are the interface between the old and new units, and the fact that the amenities shown on the master plan do not appear on this partial plan. He said that Council should be satisfied that this initial phase is acceptable for the long term. Discussion followed regarding options for providing open space for the new development, and building heights in the area. Chang · made the following comments: Some of the units should be designed for families, with facilities and amenities for children and teenagers. This should be a community, not just a residence for high-tech workers, so desirable features would be lawns, basketball courts, tennis courts, etc. Units facing Homestead Road should be only 3 stories high. Some units should be available for sale. Lowenthal made the following comments: Bicycle paths and the 280 over crossing improvements were needed in the initial phase. · Pedestrian and bicycle traffic should flow through the complex without being fenced off. · Paths and trails should be identified to where they go, and people should feel welcome to use them. · He agreed with a letter Prometheus had submitted for an earlier Council meeting which suggested that the BMR guidelines are not targeting the right population. Lowenthal said the BMR units should target people who are currently working in Cupertino, but right now the concept feels more like executive apartments. · The units should be family-oriented, with tot lots, etc., and some of them should have 3 bedrooms. · Current renters should not be given large rental increases. Also, housing advocates are requesting the housing be preserved at old prices, and that developers are being asked to provide more than 15% as BMR units. · He suggested that Prometheus survey the existing residents regarding tennis courts. I-la- May 13, 2002 Cupertino City Council & Page 4 Cupertino Planning Commission · The Planning Department should notice those people who will be impacted by traffic, in a 1000-foot radius from Foothill Blvd. to DeAnza Blvd. · He was in favor of some for-sale units. · Four levels high is acceptable as long as there are other benefits, including trails. Dolly Sandoval suggested that until the master plan is developed, perhaps the Grove Apartments could be demolished and that area be utilized for the neighborhood's open space needs. Charles Corr said he was concerned about how this development will appear on the street. The rendering appears cold, but it should be welcoming and warm. Parks and Recreation Director Therese Smith noted that, with the increased density, Prometheus would need to provide 2 1/8 acres of parkland. Since this area is deficient in open space, she recommended that they provide the land for use by the public instead of an in-lieu fee. The pump site can be used as open space as well but would not meet the requirements of the code. Piasecki agreed that if the project were fully developed, the tenants would demand a fully developed public park. Marc Auerbach made the following comments: · Without a park it is a very sterile area, so it will need a lot of green space. · Family-oriented facilities are needed. · He liked the street structure, and it may be interesting to mirror it on surrounding streets by making them more green and pedestrian-friendly. · This will be a good place for pedestrians and cyclists because there are a lot of support structures nearby, including two markets, a Starbucks, etc. RECESS At 6:00 p.m., the Planning Commission meeting was adjourned and the City Council was in recess. At 6:40 p.m. the City Council reconvened. COMMISSION INTERVIEWS 2. City Council interviews of applicants for the Planning Commission. City Council members interviewed the following candidates: Lisa Giefer, Michael Mansch, Michael Masunaga, Prabhu Dev, Edward Britt, Gilbert Wong, Shishir Mukherjee, Bernie Nijjar, David Riopel, and David Eggleston. The Council members voted unanimously to appoint Gilbert Wong to the unscheduled vacancy, for a term that will end in January 2005. May 13, 2002 Cupertino City Council & Page 5 Cupertino Planning Commission ADJOURNMENT At 8:10 p.m. the meeting was adjourned. Kimberly Smith, City Clerk For more information: Staff reports, backup materials, and items distributed at the meeting are available for review at the City Clerk's Office, 777-3223. Televised Council meetings may be viewed live on Cable Channel 26, and may also be viewed live or on demand at wx,~-.cupertino.org. Videotapes of the televised meetings are available at the Cupertino Library, or may be purchased from the Cupertino City Channel, 777-2364. The study session and interviews on May 13 were not televised. DRAFT RESOLUTION NO. 02-083 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 03, 2002 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 mounts 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 20th day of lq,ay ,2002, by the following vote: Vote Members of the City Council AYES: NOES: ABSENT: ABSTAIN: ATTEST: APPROVED: City Clerk Mayor, City of Cupertino 05/03/02 : ACCOUNT'rNG PER~OD: 11/02 CITY OF CUP.TIN0 CHECK REGISTER - DISBURS~D~NT FO~D SELECTION CRITERIA: transact.Ct&ns_daCe between "04/29/2002" an~ "05/03/2002" FUND - 110 - G]~ERAL FUND CASH ACCT CHECK NO 1020 592682 1020 592698 1020 592698 TOTAL CHECK 1020 592699 1020 592700 1020 592701 1020 592701 TOTAL CHECK 1020 592702 1020 592703 1020 592704 1020 592705 1020 592706 1020 592706 TOTAL CHECK 1020 592707 1020 592708 1020 592709 1020 592710 1020 592710 TOTAL CH~CK 1020 592711 1020 592712 1020 592713 1020 592713 1020 592713 1020 592713 1020 592713 1020 592713 TOTAL CHECK 1020" 592714 1~20 592715 V ISSUE DT .............. VENDOR ............. FUND/DEFT 04/26/02 724 TURF a INDUSTRIAL EOUIPM 6308840 05/03/02 1998 A-1 SEPTIC TANK SERVICE 5606660 05/03/02 1998 A-1 SEPTIC TANK SERVICE 5606660 05/03/02 2110 05/03/02 M2002 05/03/02 i3 05/03/02 13 A~C BACKFLOW TESTING REP 1108312 A~DULA~YUBI 110 ACME & SONS SANITATION C 1108321 ACME & SONS SANITATION C 5606640 os/o3/o2 i8 05/03/02 1680 05/03/02 2319 05/03/02 2675 05/03/02 44 05/03/02 44 ADONA OIL CORPORATION 1108503 ADVANTAGE GRAFIX 1108601 ALL CITY MANAGEMENT SERV 1108201 /~J.L THINGS PRINTED 1108603 A~IC3~N 1~ CROSS 1104400 AMERICAN RED CEOSS 1104400 05/03/02 2676 AMERIGAS 5606620 OS/03/02 1031 APPLIED INDUSTRIAL TEC~N 6308840 05/03/02 57 ~ 1104510 05/03/02 2501 AT&T BROADBAND 1103300 05/03/02 2501 ATaT BROADBAND 1106500 05/03/02 05/03/02 864 993 05/03/02 968 05/03/02 968 05/03/02 968 05/03/02 968 05/03/02 968 05/03/02 968 CAROL ATWOOD 1104000 JACKLYN BADDELEY 1106529 BA~ AUTO PARTS 6308840 BAP A~TO PARTS 6308840 BAP AUTO PARTS 6308840 BAPAUTO PARTS 6308840 BAP AUTO PARTS 6308840 BAP /M]TO PARTS 6308840 05/03/02 720 05/03/02 1348 RAi-z'~,A~ SYSTENS 6308840 BAYSHORE FENCE CO INC 5606620 ..... DESCEIFTION ...... FY 2001-2002 OPEN PURC PUMP GREASE TRAP HYDRO JETTED LINES REPR BKFLOW/EATON SCHL REFD ENCROACH BOND RENTAL 3/23-4/19 FY 2001-2002 OPEN PURC HAZWASTE SERVICE WORK ORDER FORMS #1668 PUBLIC WORKS CONTRACT BIKE BRC CARDS SUPPLIES SUPPLIES PROPANE PARTS #24455 COFFEE SERVICE 5/o1-5/3i 5/01-5/31 ADMIN BRKFST MTG 5/1 CONF NCOA/ASA 4/3-4/7 FY 2001-2002 OPEN PURC FY 2001-2002 OPEN PURC FY 2001-2002 OPEN PURC FY 2001-2002 OPEN PLTRC FY 2001-2002 OPEN PURC FY 2001-2002 OPEN PURC FY 2001-2002 OPEN PURC FURNISH AND INSTALL 36 SALES TAX 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 PAGE i AMOUNT -99.81 1280.00 475.00 1755.00 495.00 3000.00 154.13 168.83 322.96 7400.00 135.85 7487.40 210.28 271.20 0 4 ~0 281.68 56.55 583.13 14.56 4.85 19.41 53.00 223.89 12.67 66.68 109.48 11.86 64.95 25.20 290.84 64.90 46~e.00 RUN DATE 05/03/02 TIME 09:16:10 - FINANCZAL ACCOUNTIN~ 05/03/02 czTY oF CU~T~O ACCOUNTING H~IOD: 11/02 CHEC~ REGI&'fER - DISBURSEMENT SF~ION CRI~ERIA: tr~ac=.urans_date be=ween '04/29/2002" a~%d '05/03/2002 FUND - 110 - GENERAL FUND CASH ACCT CHECK NO ISSUE DT .............. VENDOR ............. FUND/DEFT ..... DESCRIPTION SALEST~ PAGE 2 1020 592716 05/03/02 106 1020 592717 05/03/02 124 BRIDGE WI.~ELESS/RADIO CO 5606620 CALIFORNIA SAFETY AND SU 1107501 1020 592718 05/03/02 2103 CAR~ERTRACK 1108601 1020 592719 05/03/02 144 CASH 5606620 1020 592719 05/03/02 144 CASH 5606640 1020 592719 05/03/02 144 C~H 5606640 1020 592719 05/03/02 144 CASH 5806649 1020 592719 05/03/02 144 C~H 5606680 TOTAL CHECK 1020 592720 05/03/02 148 CASH 6308840 1020 592720 05/03/02 148 CASH 2708404 1020 592720 05/03/02 148 CASH 1108402 1020 592720 05/03/02 148 CASH 1108830 1020 592720 05/03/02 148 CASH 1108315 1020 592720 05/03/02 148 C~H 1108201 TOTAL CHECK 10~ 592721 05/03/02 149 CASH 1101200 ~ 592721 05/03/02 149 CASH 1104000 10~ 592721 05/03/02 149 CASH 1107301 1020 592721 05/03/02 149 CASH 2308004 1020 592721 05/03/02 149 CASH 1104000 1020 592721 05/03/02 149 CASH 4239222 1020 592721 05/03/02 149 CASH 5208003 1020 592721 05/03/02 149 CASH 1104400 TOTAL CHECK 1020 592722 1020 592723 1020 592723 TOTAL CHECK 1020 592724 1020 592724 1020 592724 TOTAL CHECK 1020 592725 1020 592726 1020 592727 05/03/02 is2 05/03/02 192 05/03/02 192 os/o3/o2 173 O5/03/02 173 O5/O3/O2 173 05/03/02 178 05/03/02 183 05/03/02 M2002 05/03/02 197 1020 592728 CEB:CONTINUING EDUCATION 1101500 MC OCCUPATION~J~ HEALTH 5806449 CMC OCCUPATIONAL HEALTH 1104510 COCA-COLA BOTTLING OF CA 5706450 COCA-COLABO%-fLING OF CA 5706450 COCA-COLABOTTLING OF CA 5706450 COLONIAL LIFE & ACCIDEI~T 110 COTTON SHIR~S & ASSO INC 1107302 COYOTE CONSTRUCTION 110 CTC FUNDING, LLC 1101500 PARTS #15754 MASKS #14176 #509 6/26 SEMINAR PET~"f CASH 1/11-4/29 PETTY CASH 1/11-4/29 P~-z-i'f C~H 1/11-4/29 P~'l-l'f CASH 1/11-4/29 PET~ CASH 1/11-4/29 PETTY CASH 4/15-5/01 PET~"f CASH 4/15-5/01 PETTY CASH 4/15-5/01 PETTY CASH 4/15-5/01 PET~"f CASH 4/15-5/01 p~ C~H 4/15-5/01 PETTY CASH 4/23-5/01 PETTY CASH 4/23-5/01 PETTY CASH 4/23-5/01 PETTY CASH 4/23-5/01 PETTY CASH 4/23-5/01 PETTY CASH 4/23-5/01 PETT~ CASH 4/23-5/01 PET~"f CASH 4/23-5/01 RNWL DISC PRACT 3RD TUBERCULOS I S/A. MCLOED URINE COLLECTION FY 2001-2002 OPEN PURC FY 2001-2002 OPEN PURC FY 2001-2002 OPEN PURC mREMZMUM S/1-6/1/02 SERVICE AGREEMENT FOR REFDENCROAC~ BOND 70-1D-CU MAY 2002 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 248.56 44.75 149.00 161.25 30.00 17.32 12.36 16.43 237.36 7.45 75.00 40.00 7.87 7.77 24.70 162.79 20.00 25.00 59.69 16.62 33.62 20.00 29.55 90.58 295.06 60.99 15.00 20.00 35.00 392.40 455.80 474.90 1323.10 36.55 7730.00 500.00 4341.00 RUN DATE 05/03/02 TINE 09:16:10 - FINANCIAL ACCOUNTING 05/03/02 CITY OF CUPERTINO ACCODI~TING PERIOD: 11/02 C~RCK R~GISTER - DISBURSemeNT SELECTION CRITERIA: ~ransact.trans_date between "04/29/2002" and "05/03/2002" FUND - 110 - GEII~AL FUND CASH ACCT CI. IECKNO 1020 S92729 1020 592729 1020 592730 05/03/02 198 1020 592730 05/03/02 198 TOTAL CHECK 1020 592731 05/03/02 2677 1020 592732 05/03/02 210 1020 592733 05/03/02 214 1020 592734 05/03/02 222 1020 592734 05/03/02 222 1020 592734 05/03/02 222 TOTAL CHECK 1020 592735 05/03/02 223 1020 592736 05/03/02 M 1020 592737 05/03/02 2575 1020 592737 05/03/02 2575 TOTAL CHECK 1020 592738 05/03/02 1434 1~20 592739 05/03/02 240 1020 592740 05/03/02 253 1020 592741 05/03/02 818 1020 592742 05/03/02 268 1020 592743 05/03/02 M 1020 592744 05/03/02 281 1020 592744 05/03/02 281 1020 592744 05/03/02 281 1020 592744 05/03/02 281 TOTAL CHECK 1020 592745 05/03/02 296 1020 592746 05/03/02 1741 1020 592747 05/03/02 298 1~0 592747 05/03/02 298 ISSUE DT .............. VENDOR ............. FUND/DEPT 05/03/02 191 CUPERTINO CHAMBER OF COM 5606620 05/03/02 191 CUPERTINO C}~d~BER OF COM 5606640 CUPERTINO UNION SCHL DIS 5806449 CUPERTINO UNION SCHL DIS 5806449 D & D COMPP. ESSOR, INC. 1108504 DEEP CLIFF ASSOCIATES L 5806449 DEPAR/!WENT OF TRANSPORTA 1108602 DKSASSOCIATES 4209528 DKS ASSOCIATES 4209535 DKS ASSOCIATES 1108602 DON & MIKE'S SWEEPING IN 2308004 Diaz, Gloria 550 EDDIE TORREZ CONSTRUCTIO 1109215 EDDIE TORREZ CONSTRUCTIO 1109215 EDWARD S. WAL~H CO. 1108503 ELIZABETH ANN ELLIS 1101070 EXCHANGE LINEN SERVICE 5606620 FLOYD D BROWN 1108503 FOSTER BROS SECURITY SYS 1108505 GADH, VANDANA 580 1108408 1108408 1108303 1108408 KARRN GOTThEIB GOVCONNECTiON, INC. GRAINGER INC GRAINGER INC 5806449 6104800 1108409 6308840 ..... DESCRIPTION ...... SALES TAX ADVERTISEMENT 0.00 ADVeRTISeMENT 0.00 0.00 FY 2001-2002 OPEN PURC 0.00 FY 2001-2002 OPEN PURC 0.00 0.00 PARTS #8200 0.00 SERVICE AGREEMENT FOR 0.00 FY 2001-2002 OPEN PURC 0.00 PUBLIC WORKS CONTRACT SERVICE AGRI~EMENT FOR SERVICES ENDING 3/29 FY 2001-2002 OPEN PURC Refund: Check - Myster PUBLIC WORKS CONTRACT PUBLIC WORKS CONTRACT PARTS/SUPPLIES PLANNING CO~ 4/8/02 FY 2001-2002 OPEN PURC PARTS/SUPPLIES SUPPLIES Refund: Check - SPRING PARTS/SUPPLIES #31002 SUPPLIES #8235 PARTS/SUPPLY #15572 PARTS/SUPPLY #8244 SERVICE AGREEMENT FOR YAMAHA CD RS MAMOTH II PARTS/SUPPLY #8210 FY 2001-2002 OPEN PURC 0,00 0.00 0.00 0,00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 PAGE 3 325.00 325.00 6S0.00 133.51 165.88 299.39 318.92 5304.00 202.79 611.64 745.26 461.70 1818.60 10926.05 60.00 37f ~ 351, ~0 72900.00 359.39 425.00 89.62 178.61 12.25 55.00 S69.30 49.74 50.92 533.07 1203.03 2160.00 2279.75 188.61 ~ 75 RUN DATE 05/03/02 TINE 09:16:11 - FINANCIAL ACCOI~TIN~ 05/03/02 ciTY oF CUPERT~0 ACCOUNTTNO PERIOD: 11/02 C~CK R~ISTER - DISBURS~I~T ~ SF'--'-ION CRITERIA: =ransacC.trans_da~e between "04/29/2002" and "05/03/2002= FUND - 110 - GENE'R]~J- ~ CASH ACCT CHECK NO 1020 592747 05/03/02 298 1020 592747 05/03/02 298 1020 592747 05/03/02 298 1020 592748 05/03/02 2500 1020 592749 05/03/02 2595 1020 592750 05/03/02 321 1020 592751 05/03/02 M 1020 592752 05/03/02 2510 1020 592753 05/03/02 M 1020 592754 05/03/02 2612 1020 592755 05/03/02 1898 1020 592755 05/03/02 1898 1020 592755 05/03/02 1898 1'~ 592755 05/03/02 1898 i 592755 05/03/02 1898 1020 592755 05/03/02 1898 1020 592755 05/03/02 1898 1020 592755 05/03/02 1898 1020 592755 05/03/02 1898 TOTAL CHECK 1020 592756 05/03/02 M 1020 592757 05/03/02 2528 1020 592757 05/03/02 2528 1020 592757 05/03/02 2528 1020 S92757 05/03/02 2528 1020 592757 05/03/02 2528 TOTAL CHECK 1020 592758 05/03/02 2299 1020 592759 05/03/02 M2002 1020 592760 05/03/02 M 1020 592761 05/03/02 M2002 1020 592762 05/03/02 369 1020 592763 05/03/02 M ISSUE DT .............. VENDOR ............. FUND/DEFT GRAINGER INC 1108409 GRAINGER INC 6308840 GRAINGER INC 6308840 TERRY GREENE 4239222 HARGREAVES ASSOCIATES 4239222 M~RKHARVILLE 5606620 HERTEL, MICHELLE 580 HI-LINE 6308840 HITOMI, KIYOMI 580 RONALDHOG~3E 5506549 HORIZON 1108321 HORIZON 1108303 HORIZON 1108312 HORIZON 1108321 HORIZON 1108303 HORIZON 1108303 HORIZON 1108408 HORIZON 1108408 HORIZON 1108315 HOUNG, JULIE 580 INDOOR BILLBOARD 1108314 INDOOR BILLBOARD 1108312 INDOOR BILLBOARD 1108303 INDOOR BILLBOARD 1108302 INDOOR BILLBOARD 1108315 INDUSTRIAL SAFETY & HAZM 1108201 J.F.ERIC MCKENNA LANDSCA 110 JENSKY, JANET 580 F~T.?.y COMM~qI CATIONS 110 F~T-LY-MOORE PAINT CO INC 1108303 KIAONE, ~.NST]~ 580 ..... DESCRIPTION ...... PARTS/SUPPLY #8210 FY 2001-2002 OPEN PURC FY 2001-2002 OPEN PURC MTGREIMBURSE 4/1,4,10 SERVICE ~REEMENT FOR SERVICE AGREEMENT FOR Refund: Check - SPRING PARTS #8182 Refund: Check - SPRING SERVICE AGREEMENT FOR FY 2001-2002 OPEN PURC FY 2001-2002 OPEN PURC FY 2001-2002 OPEN PURC FY 2001-2002 OPEN PURC FY 2001-2002 OPEN PURC FY 2001-2002 OPEN PURC PARTS/SUPPLIES PARTS/SUPPLIES FY 2001-2002 OPEN PURC Refund: Check - SPRING FY 2001-2002 OPEN PURC FY 2001-2002 OPEN PURC FY 2001-2002 OPEN PURC FY 2001-2oo2 OPEN PURC FY 2001-2002 OPEN PURC HAZMATERIALS TRAINING REFDENCROACH BOND Refund: Check - Refund REFD ENCROACH BOND SUPPLIES #24311 Refund: Check - SPRING SALES TAX 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 PAGE 4 351.06 89.03 35.02 679.47 S1.00 5692.94 350.00 42.00 402.97 14.00 120.00 234.29 119.25 317.98 116.34 197.72 709.17 166.83 334.63 156.39 2352.60 400.00 154.18 154.17 154.17 1S4.17 154.18 770.87 2000.00 500.00 7SO.O0 500.00 39.12 20.00 RUN DATE 05/03/02 TIME 09:16:12 - FINANCIAL ACCOtqqTING 05/03/02 CI'1~ 0F ACCOUNTING PERIOD: 11/02 CHECK R,EGIST~, - DISBURSEMENT SELECTION CRITERIA: t,,-ansacc.t, rans_clace between '04/29/2002" and "05/03/2002' FUND - 110 - G~ FUND CASH ACCT CHECK NO 1020 592764 05/03/02 1630 1020 592765 05/03/02 M 1020 592766 05/03/02 2335 1020 592767 05/03/02 373 1020 592768 05/03/02 1258 1020 592769 05/03/02 385 1020 592770 05/03/02 ME2002 1020 592771 05/03/02 2300 1020 592772 05/03/02 390 1020 592772 05/03/02 390 TOTAL CH~CK 1020 592773 05/03/02 392 1020 592774 05/03/02 400 1020 592775 05/03/02 2357 1020 592776 05/03/02 M2002 1020 592777 05/03/02 2588 1020 592778 05/03/02 1378 1020 592779 05/03/02 1602 1020 592780 05/03/02 1868 1020 592781 05/03/02 M 1020 592782 05/03/02 444 1020 592783 05/03/02 447 1020 592783 05/03/02 447 1020 592783 05/03/02 447 TOTAL CHECK 1020 592784 05/03/02 M 1020 592785 05/03/02 2604 1020 592786 05/03/02 2132 ISSUE DT .............. VENDOR ............. FUND/DEPT KIDZ LOVE SOCCER INC 5806449 KIM, GRAC~ 580 KIMLEY-HORN & ASSOCIATES 1108602 KIRK XPEDX 1104310 DONNA ~G~EY 2204010 LAB SAFETY SUPPLY 6308840 LA~ERGREN, LINDA 1101200 BARBARA I~AUX 5506549 LAWSON PRODUCTS INC 2708405 LAWSON PRODUCTS INC 2708405 LEAGUE OF CALIFOP, NIA CIT 1104300 LIFETIME TENNIS INC 5706450 LIGHTHOUSE 6308840 LUK, HELAM 2150000 RICHARD A. MADDEN 1104400 RICARDO MARTINEZ 5706450 MBIA MUNISERVICES COMPAN 1100000 METRO MOSILE CO~4UNICATI 1108602 MILETAIN, YAAKOV 580 MINTON'S LUMBER 1106647 MISSION UNIFORM SERVICE 1108201 MISSION UNIFORM SERVICE 1108201 MISSION UNIFORM SERVICE 1108201 NADERI, FAE 580 NAT'L NEIGHBORHOOD WATCH 1102100 NCTLC 1108407 ..... DESCRIPTION ...... SERVICE AGR]~EMENT FOR Refund: Check - SPRING TRAFFIC ENG SVC FOR CU FY 2001-2002 OPER PURC PRHSENTATION 4/18 SUPPLIES #24454 C~IOC01~ 4/24-4/26 SERVICE AGP,~EM~/qT FOR PARTS #8227 PARTS #8227 MUNICIPAL LAW HNDBK SERVICE AGREEMENT FOR PARTS #8136 REFD PTL STRMDRAIN FE SERVICE AGP. EF24ENT FOR FY 2001-2002 OPEN PURC 4TH QTR S.TAX AUDIT PARTS/SUPPLIES Refund: Check - SPRING SUPPLIES #23864 FY 2001-2002 OPEN PURC FY 2001-2002 OPEN PURC FY 2001-2002 OPEN PURC Refund: Check - Rental SUPPLIES #16559 NEW FEE ADDITIONAL SALES TAX 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 PAGE 5 AMOUNT 9724.00 110.00 483.75 384.57 249.50 50.96 144.91 360.00 283.99 143.59 427.58 75.00 62371.62 150.00 712.50 842.90 1250.00 1461.38 50.00 14.28 75.91 75.91 75.91 227.73 300.00 149.98 75.00 RUN DATE 05/03/02 TLME 09:16:12 - FINANCIAL ACCOONTIN~ 05/03/02 ¢i~ oz CUP~TZ~O P~ 6 ACCOUNTING ~ER~OD: ll/0~ ~t'Z ~_ZH~I~R - DI~D]t~I~T ~ CRITERIA: ~ransact.trans_da=e between #04/29/2002" and '05/03/2002' FUND - 110 - GENERAL FUND CASH ACCTC~iECK NO 1020 592787 1020 592788 1020 592789 1020 592790 1020 592791 1020 592792 1020 592792 1020 592792 1020 592792 1020 592792 1020 592792 1020 592792 1020 592792 1020 592792 1020 592792 TOTAL CHECK 10~ 592793 102u 592794 1020 592795 1020 592796 1020 592797 1020 592797 TOTAL C}IECK 1020 592798 1020 592799 1020 592800 1020 592801 1020 592802 1020 592802 TOTAL CHECK 1020 592803 1020 592804 1~~'~' 592805 ISSUE DT .............. VENDOR ............. FUND/DEFT 05/03/02 1550 ADONIS L NECESITO 1103500 05/03/02 485 NEWMAN TRAFFIC SIGNS 2708405 OS/03/02 M NG, WAN CHENG S80 05/03/02 965 NORTH COAST MEDICAL 1104510 05/03/02 2206 O.K. FIRE EQUIPMEIqT COMP 1104400 05/03/02 493 OFFICE DEPOT 1107301 05/03/02 493 OFFICE DEPOT 1104310 05/03/02 493 OFFICE DEPOT 1108101 05/03/02 493 OFFICE DEPOT 1108101 05/03/02 493 OFFICE DEPOT 1107503 05/03/02 493 OFFICE DEPOT 1104310 05/03/02 493 OFFICE DEPOT 1104310 05/03/02 493 OFFICE DEPOT 1104000 05/03/02 493 OFFICE DEPOT 2204011 05/03/02 493 OFFICE DEPOT 2204010 05/03/02 1190 RONALD OLDS 1103500 OS/03/02 M OLIVAS, NOEL 580 05/03/02 2241 ONE WORKPLACE 1107200 05/03/02 505 ORI~I TRAILER 6308840 05/03/02 507 DAN OSBORNE DBA:OSBORi~E 1108503 05/03/02 507 DAN OSBORiqE DBA:OSBORNE 1108503 05/03/02 2444 05/03/02 2616 05/03/02 1952 05/03/02 526 05/03/02 542 OS/03/02 542 PACIFIC GAS & ELECTRIC 1108830 PACIFIC SURFACING INC 4209119 PAPA 1108407 PENINSULA DIGITAL IMAGIN 1108101 PINE CONE LUMBER 5606620 PINE CONE LUMBER 5606620 05/03/02 545 05/03/02 2380 05/03/02 561 JEFF PISERCHIO 5606640 PURCHASE POWER 1104310 PYRO SPEOTA~ INC 1106448 ..... DESCRIPTION ...... SERVICE AGREEMENT FOR FY 2001-2002 OPEN PURC Refund: Check - SPRING RGRONOMI C TRAYS SERVICE/SUPPLIES SALES TAX 0.00 637.50 0.00 240.00 0.00 49.00 0.00 148.51 0.00 90.59 SUPPLIES 0.00 37.83 SUPPLIES 0.00 4.53 SUPPLIES 0.00 245.48 SUPPLIES 0.00 98.02 SUPPLIES 0.00 2.57 SUPPLIES 0.00 21.62 R~ #157306221001 0.00 -1.28 SUPPLIES 0.00 90.52 SUPPLIES 0.00 123.96 SUPPLIES 0.00 18.93 0.00 642.18 SERVICE AGREEMENT FOR 0.00 200.00 Refund: Check - SPRING 0.00 42.S0 TIME/MATERIALS 0.00 709.32 PARTS #8238 0.00 255.25 CONSULTING 0.00 1685.00 TIME/MATERIALS 0.00 385.00 0.00 2070.00 SERVICE TO 4/30/02 0.00 21680.47 TIME/MATERIALS 0.00 360.00 REG FEE T.HEMBREE 5/23 0.00 55.00 BEST MGMNT SHEETS 0.00 69.82 SUPPLIES #15751 0.00 316.70 SUPPLIES #15752 0.00 498.04 0.00 814.74 0.00 1844.00 0.00 5030.91 0.00 12500.00 GOLF' COURSE CONTRACT 1 METER POSTAGE PROVIDE FIREWORKS DISP RUN DATE 05/03/02 TIME 09216213 - FINANCIAL ACCOUNTING 05/03/02 CITY OF ACCOUNTING P~RIOD: 11/02 CHECK Rl~I&-z-a~ - DISBD~,S~I~IT FURD SELECTION CRITERIA: CransacC.Crans_dace between "04/29/2002' and "05/03/2002" FUND - 110 - GENERAL FUND CASH ACCT CHECK NO ISSUE DT .............. VENDOR ..... J ....... FuND/DEFT ..... DEscRiPTION ...... SAL~S TAX PA~E 7 1020 592806 05/03/02 2278 QUALLS, RALPH 1108001 1020 592806 05/03/02 2278 Q~, RALPH 4239222 TOTAL CHECK 1020 592807 05/03/02 2418 1020 592807 05/03/02 2418 1020 592807 05/03/02 2418 1020 592807 05/03/02 2418 1020 592807 05/03/02 2418 1020 592808 1020 592809 1020 592810 1020 592811 1020 592811 1020 592811 TOTAL CHECK 1020 592812 1020 592813 1020 592814 1020 592815 1020 592816 1020 592817 1020 592817 TOTAL CHECK 1020 S92818 1020 592819 1020 592820 1020 592821 1020 592821 1020 592821 TOTAL CHECK 1020" 592822 1920 592823 05/03/02 1409 05/03/02 600 05/03/02 602 05/03/02 437 05/03/02 437 05/03/02 437 05/03/02 2011 05/03/02 1164 05/03/02 631 05/03/02 M 05/03/02 1749 05/03/02 2415 05/03/02 2415 05/03/02 M os/o3/o2 M 05/03/02 200 '05/03/02 2661 05/03/02 2661 OS/03/02 2661 05/03/02 2492 05/03/02 529 R & R PRINT SERVICES 5806349 R & R PRINT SERVICES S506549 R & R PRINT SERVICES 5606600 R & R PRINT SERVICES 5806449 R & R PRINT SERVICES 5806249 THE RAPIDS WATERSLIDE 5806349 ROTO-ROOTER SEWER SERVIC 5606660 ROYAL COACH TOURS 5506549 S V C N 1104300 S V C N 1104300 S V C N 1104300 S.O.S. SURVIVAL PRODUCTS 1104400 CITY OF SAN JOSE 1108830 SANTA CLARA CO DEPT ENVI 1108005 SHAIKIt, KHURSHID 580 SHANNON ASSOCIATES 1108601 SIMON MARTIN-VEGUE WINKE 4239222 SIMON MARTIN-VEGUE WINKE 4239222 SIVAKUMAR, RAJALAKSI~II 580 SKEELS, DEAN 580 LESLIE SOKOL DBA DANCEKI 5806449 SPOT WATER~EI~ 5606640 SPOT WATERMANA~I~MENT 5606640 SPOT WATERMANA~I~4ENT 5606640 STONE, JACKIE 5606680 SIH~-C4%RD PENTAMATION, INC 6104800 NEETINGEXPENSES MEETING EXPENSES FY 2001-2002 OPEN PURC FY 2001-2002 OPEN PURC FY 2001-2002 OPEN PURC FY 2001-2002 OPEN PURC FY 2001-2002 OPEN PURC DEPOSIT FOR 7/19 REPAIR S~ERLEAK MYSTERY TRIP 4/19 FY 2001-2002 OPEN PURC FY 2001-2002 OPEN PURC FY 2001-2002 OPEN PURC BULLHORNS AMBU POCKET TIME/MATERIALS HAZMAT FEE 5/1/02 Refund: Check - Return PROF SERV FEB2002 PUBLIC WORKS CONTRACT PUBLIC WORKS CONTRACT Refund: Check - SPRING Refund: Check - Rental SERVICE AGREEMENT FOR TELEPHONE CABLE MAINT PUBLIC WORKS CONTRACT SUPPLIES PROJRCTD10PU 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 37.71 38.00 75.71 3382.62 1014.66 677.24 3382.62 3382.62 11839.76 S0.00 413.83 738.55 37.50 35.00 52.50 125.00 0,00 lr } 0.00 55.00 0.00 317.50 0.00 750.00 0.00 8666.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 53164.02 86598.07 139762.09 99.00 300.00 2840.90 2265.99 2250.00 14S83.33 19099.32 0.00 157.85 0.00 6"'00 RUN DATE 05/03/02 TIME 09:16:14 - FINANCIAL ACCOUNTING os/o3/o2 cz~-~ oF c-~?mo P~E 8 A¢COUNTZNO P~mZOO: 11/02 C~t~ ~Ig~ - DIgBUP. SE~T F~ND SE~--~ION CRITERIA: transact.tran$_date between #04/29/2002" and "05/03/2002" FUND - 110 - GENERAL FIIND CASH ACCT CHECK NO ISSUE DT .............. VENDOR ............. FUND/DEPT 1020 592823 05/03/02 529 TOTAL CHECK SUNGARD PENTAMATION, INC 6104800 1020 592824 05/03/02 529 SUNGARD PENTAMATION, INC 1107503 1020 592825 05/03/02 690 SUNNYVALE FORD 6308840 1020 592825 05/03/02 690 SUNNYVALE FORD 6308840 TOTAL CHECK 1020 592826 05/03/02 1825 SUPERIOR FRICTION 6308840 1020 592826 05/03/02 1825 SUPERIOR FRICTION 6308840 TOTAL CHECK 1020 592827 05/03/02 1065 T AND D COI~3NICATIONS I 1108501 1020 592828 05/03/02 698 TALLY'S ENTERPRISES 2708403 1020 592829 05/03/02 700 1020 592829 05/03/02 700 1020 592829 05/03/02 700 1020 592829 05/03/02 700 1020 592829 05/03/02 700 if~''~ 592829 05/03/02 700 T CHECK TARGET SPECIALTY PRODUCT 1108314 TARGET SPECIALTY PRODUCT 1108312 TARGET SPECIALTY PRODUCT 1108312 TARGET SPECIALTY PRODUCT 1108315 TARGET SPECIALTY PRODUCT 1108303 TARGET SPECIALTY PRODUCT 1108312 1020 592830 05/03/02 701 1020 592830 05/03/02 701 1020 '592830 05/03/02 701 TOTAL CHECK TARGET STORES 5706450 TARGET STORES 5806449 TARGET STORES 5806349 1020 592831 05/03/02 2532 TECHNICAL ANALYSIS, INC. 1107502 1020 592832 1020 592832 1020 592832 1020 592832 TOTAL CHECK 05/03/02 724 05/03/02 724 05/03/02 724 05/03/02 724 TURF & INDUSTRIAL EQUIPM 6308840 TURF & INDUSTRIAL EQUIPM 5606620 TURF & INDUSTRIAL EQUIPM 5606640 TURF & INDUSTRIAL EQUIPM 5606620 1020 592833 05/03/02 M UDAYAVAR, VENKATESH 580 1020 592834 05/03/02 1852 VAT.?.~YATHLETIC 1108303 1020 592835 1020 592835 TOTAL CHECK 05/03/02 737 05/03/02 737 VAT,T.~y CREST TREE COMPAN 1108303 V~TJ.~Y CREST TREE COMPAN 1108303 1020 592836 05/03/02 750 VISION SERVICE PLAN (CA) 110 1020 592837 05/03/02 M WATKINS, SETH 580 592838 05/03/02 1937 WEST VAT.T.Ry SECURITY 1108315 ..... DESCRIPTION ...... TRAINING 4/18 REGISTRATION 5/19-21 FY 2001-2002 OPEN PURC FY 2001-2002 OPEN PURC PARTS #24453 PARTS #24453 TIME/MATERIALS FY 2001-2002 OPEN PURC FY 2001-2002 OPEN PURC FY 2001-2002 OPEN PURC FY 2001-2002 OPEN PURC FY 2001-2002 OPEN PURC FY 2001-2002 OPEN PURC FY 2001-2002 OPEN PURC SUPPLIES #21757 SUPPLIES #23215 SUPPLIES #25047 PLAN REVIEW #2040015 SUPPLIES #52034 SUPPLIES SUPPLIES RETURN OF SUPPLIES RI~FIJNDS 141997 & 14199 SUPPLIES #8112,8143 TREES VARIOUS TREES VARIOUS MAY VISION PREMIUM Refund: Check - Rental SUPPLIES #16130 SALES TAX 0.00 0.00 0.00 0.00 o.0o 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 AMOUNT 150.00 750.00 990.00 125.79 194.00 319.79 20.00 17.49 37.49 4210.67 45586.12 72.81 72.81 1598.64 72.81 72.81 2024.28 3914.16 28.64 47.52 16.17 92.33 1473.15 99.81 76.51 235.72 -40.09 371.95 36.00 216.45 138.45 1391.07 1529.52 2107.72 500.00 34.36 RUN DATE 05/03/02 TIME 09:16:14 - FINANCIAL ACCOUNTING 05/03/02 CITY OF CUPERTINO ACCOUNTING PERIOD: 11/02 CHECK REGISTER - DISBURSEMENT FUND SELECTION CRITERIA: transac~.~rans_date between #04/29/2002~ and ~05/03/2002" FI]ND - 110 - GENERAL FUND CASH ACCT CHECK NO ISSUE DT .............. VENDOR ............. FUND/DEPT 1020 592839 1020 592840 1020 592841 1020 592842 1020 592843 1020 592843 1020 592843 TOTAL CHECK 1020 592844 1020 592844 1020 592844 TOTAL CHECK 1020 592845 1020 592845 1020 592845 TOTAL CHECK TOTAL CASH ACCOUNT TOTAL FUND 05/03/02 774 05/03/02 951 05/03/02 2561 05/03/02 1081 05/03/02 211 05/03/02 211 05/03/02 211 0s/03/02 2361 05/03/02 2361 05/03/02 2361 05/03/02 508 05/03/02 508 05/03/02 508 WESTERN HIGHWAY PRODUCTS 2708405 WOOLWORTH NURSERY WORLD POINT ECC, INC. YAM~-4%MI'S NURSERY 1108321 1104400 1108303 DELTA D~NTAL PLAN OF CA 110 DELTA DENTAL PLAN OF CA 110 DELTA DENTAL PLAN OF CA 110 FIRST BANKCARD FIRST BANKCARD FIRST B;LNKCARD 1106529 5506549 5506549 P E R S - HEAL~ P E R S - HEAL~ P E R S - H~J%L~ 110 1104510 1104510 TOTAL REPORT ..... DESCRIPTION ...... FY 2001-2002 OPEN PURC LANDSCAPING SUPPLY 822 SUPPLIES #16600 SUPPLIES #15571 DITREP 1539-001 CEA 1539-003 0E3 1539-002 ;LPRIL 2002 STATEMENT APRIL 2002 STATEMENT APRIL 2002 STATEME/~IT PREMIUM MAY2002 RETIREES MAY2002 ADMIN FEE MAY2002 SALES TAX 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 PAGE 9 628.94 272.78 219.43 43.29 3452.76 6370.83 4176.48 14000.07 635.32 1462.00 23.90 2121.22 51886.57 27180.14 398.67 7946~ 38 6287u..z0 628784.10 628784.10 RUN DATE 05/03/02 TIM~ 09:16:15 - FINANCIAL ACCOUNTING DRAFT RESOLUTION NO. 02-084 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 10, 2002 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 fi.om 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 20thday of ymy ,2002, by the following vote: Vote Members of the City Council AYES: NOES: ABSENT: ABSTAIN: ATTEST: APPROVED: City Clerk Mayor, City of Cupertino 05/09/02 CITY OF CUPERTINO ACCOUNTING PERIOD: 11/02 CHECK RRG'rSTRR - DISBURS~IENT FUND SEI~CTION CRI~I;RIA: trans&cC.crans_dace between "05/06/2002" and "05/10/2002" ~ - IlO - G~I~J~ FUND CASH ACCT C~ECKNO 1020 591707 V 03/15/02 559 1020 591707 V 03/15/02 559 1020 591707 V 03/15/02 559 TOTAL CHECK 1020 592643 V 04/26/02 ME2002 1020 592846 05/10/02 7 1020 592847 05/10/02 918 1020 592848 05/10/02 888 1020 592849 05/10/02 47 1020 592850 05/10/02 2618 1020 592850 05/10/02 2618 TOTAL CHECK 1020 592851 05/10/02 2013 1020 592852 05/10/02 1731 1020 592853 05/10/02 2680 1020 592854 05/10/02 96 1020 592855 05/10/02 100 1020 592855 05/10/02 100 TOTAL CHECK 1020 592856 05/10/02 103 1020 592856 V 05/10/02 103 TOTAL CHECK 1020 592857 05/10/02 867 1020 592858 05/10/02 106 1020 592859 05/10/02 2551 1020 592860 05/10/02 1101 1020 592861 05/10/02 127 1020 592862 05/10/02 124 1020 592862 05/10/02 124 TOTAL CHECK 1020 592863 05/10/02 132 10~0 592863 05/10/02 132 ISSU~ DT .............. ~I~NDOR ............. FUND/DEFT PROJECT SENTINEL 1107405 PROJECT SENTINEL 1107405 PROJeCT SENTINEL 1107405 PRONI, TONY 1108201 ABAG PLAN CORPORATION 1101000 ALAMO WORLDTRA~ELANDT 5506549 ALOHA POOL MAINTENANCE I 5708510 AMERICAN WATER WORE~ ASS 1108201 BA/S INC-BAYAREANET 1108602 BAIS INC-BAY AREA NET 1108602 BAY AREA DISTRIBUTING CO 6308840 ROGER BERRY 4259314 BERRYMAN & }{~NIGAR 1107502 BLACK MOUNTAIN SPRING WA 5606620 BMI IMAGING SYSTEMS 1104300 BMI IMAGING SYSTEMS 1104300 BOOK PUBLISHING COMPANY 1104300 BOOK PUBLISHING COMPANY 1104300 BRIAN KANGAS FOULK 2709430 BRIDGE WIRELESS/RADIO CO 1108504 BURIAN, LAURA 1103300 C.H. BULL CO. 1108503 THE CALIFORRIA CHARNEL 1103500 CALIFORNIA SAFEq"f AND SU 1107501 CALIFORNIA SAFETY AND SU 1107501 CALIFORNIA WATER SERVICE 1108508 CALIFORNIA WATER SERVICE 1108407 ..... DESCRIPTION ...... MEDIATION SRVS 7/1-9/3 MEDIATION SRVS 1/1-3/3 MEDIATION SRVS 10/1-12 ADV SEMINAR 5/7-5/10 DUES FY2002-03 FEATS OF CLAY 5/15 APRIL2002 MAINTENANCE MBR P, NWL #2000181281 ADSL MONTHLY SERV ADSL MONTHLY SERVICE SUPPLIES #8161 PROF. SERV FOR PUBLIC PLAN REVIEW SERV. SERVICE APRIL2002 FY 2001-2002 OPEN PURC FY 2001-2002 OPEN PURC FY 2001-2002 OPEN PURC FY 2001-2002 OPEN PURC P.0.#00030281 CARRYOVE SUPPLIRS #8250 INTERPRETATION 3/19 PARTS/SUPPLIES PROGRA/~ING MAY2002 SUPPLIES SUPPLIES SERVICE APRIL2002 SERVICE APRIL2002 SALES TAX 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0,00 0,00 0.00 0,00 0,00 0,00 0,00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 PAGE I -5175.00 -5175.00 -5175.00 -15525.00 -176.00 7743.00 1920.00 487.69 392.00 960.40 722.74 1683.14 276.96 3726.00 9 93.12 1139.78 553.88 1693.66 4849.60 -4849.60 0.00 4740.44 269.54 397.08 942.76 253.66 26.88 49.69 76.57 7.82 23" 88 RUN DATE 05/09/02 TINE 15:46:14 FINANCIAL ACCOUNTING 05/09/02 &CCOONTTNG PERIOD: 11/02 CITY OF CUPERTINO CHECK RE~ISTER - DISBURSEMENT F~ND sF~ -t-ION CRITERIA: tr~act.trans_date between m05/06/2002" and "05/10/2002" FUND - 110 - GENEI~%L FUND CASH ACCT CHECK NO ISSUE DT .............. VENDOR ............. FUND/DEPT 1020 592863 05/10/02 132 1020 592863 05/10/02 132 1020 592863 05/10/02 132 TOTAL CHECK CALIFORNIA WATER SERVICE 1108314 CALIFORNIA WATER SERVIC]~ 1108314 CALIFORNIA WATER SERVICE 1108407 1020 592864 05/10/02 2232 1020 592864 05/10/02 2232 TOTAL CHECK CARIAGA, LOURDES 110 CARIAGA, LOURDES 110 1020 592865 05/10/02 1460 TONI CARREIRO 6104800 1020 592866 05/10/02 143 CASEY PRINTING INC 1103400 1020 592867 1020 592867 1020 592867 1020 592867 1020 592867 TOTAL CHECK 05/10/02 147 CASH 5506549 05/10/02 147 CASH 5506549 05/10/02 147 CASH 5506549 05/10/02 147 CASH 5506549 05/10/02 147 CASH 5506549 1020 592868 1020 592868 1,Iw''' 592868 1 592868 10&u . 592868 1020 592868 1020 592868 1020 592868 TOTAL CHECK 05/10/02 149 CASH 4239222 05/10/02 149 CASH 2204011 05/10/02 149 CASH 1107301 05/10/02 149 CASH 1106100 05/10/02 149 CASH 1104400 05/10/02 149 CASH 1103500 05/10/02 149 CASH 1101000 05/10/02 149 CASH 1104000 1020 592869 05/10/02 1853 GREG CASTEEL 1107503 1020 592870 1020 592870 TOTAL CHECK 95/10/02 1057 05/10/02 1057 CERIDIAN BENEFITS SERVIC 110 CERIDIAN BENEFITS SERVIC 110 1020 592871 1020 592871 TOTAL CHECK 05/10/02 1820 05/10/02 1820 CERIDIAN BENEFITS SERVIC 1104510 CERIDIAN BENEFITS SERVIC 110 1020 592872 05/10/02 1156 CHA 110 1020 592873 05/10/02 M2002 CHAMPLAIN PLANNING PRESS 1101070 1020 592874 05/10/02 M2002 CHEROKEE CONTRACTING 1100000 102D 592875 05/10/02 2258 CLARK PRECISION S}fl~ET MR 1108501 1020 592876 05/10/02 173 COCA-COLA BOTTLING OF CA S606620 592877 05/10/02 M COLLEY, GEORGIA 550 DESCRIPTION ...... SALES TAX PAGE 2 SERVICE APRIL2002 0.00 931.52 SERVICE APRIL2002 0.00 31.30 SERVICE APRIL2002 0.00 2819.09 0.00 4022.61 SSGARNSMNT 0.00 103.84 CSGARNSMNT 0.00 306.50 0.00 410.34 SERVICES APRIL2002 0.00 CUPERTINO SCENE MAY 20 0.00 PETTY CASH 4/09-5/07 PETT"f CASH 4/09-5/07 PETTY CASH 4/09-5/07 P~-I*¥ CASH 4/09-5/07 PET/~E CASH 4/09-5/07 0.00 0.00 0.00 0.00 0.00 0.00 P~l-z'f CASH 4/26-5/08 PETTY C.J~H 4/26-5/08 PETTY C. AS~ 4/26-S/08 PETTY CAS~ 4/26-5/08 PETTY CASH 4/26-5/08 PETTY CASH 4/26-5/08 PETTY CASH 4/26-5/08 PETTY CASH 4/26-5/08 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 ADV 5/19-21 P.SPRINGS 0.00 *FLEX HLTH/240125 *FLEX DEP/240125 0.00 0.00 0.00 ADM FEES APRIL2002 ADM FEES APRIL2002 0.00 0.00 0.00 0.00 RENWL/PLANNING CO~4 JR 0.00 REFD PERMIT 0.00 SECURITY SYSTEM 0.00 FY 2001-2002 OPEN PURC 0.00 REFUND WINES & VINES 0.00 2310.75 29S2.00 4.18 66.74 22.95 10.39 102.42 206.68 20.00 25.96 17.50 32.20 72.37 7.27 108.35 28.76 312.41 126.00 426.94 165.40 592.34 27.50 22.50 S0.00 132.00 105.00 117.66 243.56 584.90 200.00 RUN DATE 05/09/02 TIMR 15:46:15 - FINANCIAL ACCOU~ITING 05/09/02 CITY OF CUPERTINO ACCOUNTING PERIOD: 11/02 CHECK P~OI~'~s~ - DISBURSEMENT FLieD SELECTION CRITERIA: ~ransact.~rans_date between '05/06/2002" arid "05/10/2002" FUND - 110 - GENERAL FUND CASH ACCT CHECK NO ISSUE DT .............. VENDOR ............. FUND/DEFT ..... DESCRIPTION ...... PAGe; 3 SALES TAX AMOUNT 1020 592878 05/10/02 1312 COUNTRY CLUB CAR WASH 6308840 1020 592878 05/10/02 1312 COD1TTRY CLUB CAR WASH 6308840 1020 592878 OS/10/02 1312 COUIF~RY CLUB CARWASH 6308840 TOTAL CHECK 1020 S92879 OS/10/02 M CROTEAU, ROXAI~NA 580 1020 592880 05/10/02 2235 CSR DESIGN 1020 592880 05/10/02 2235 CSR DESIGN 1020 592880 05/10/02 2235 CSR DESIGN TOTAL CHECK 1020 592881 05/10/02 194 1020 592881 05/10/02 194 1020. 592881 05/10/02 194 TOTAL CHECK 1020 592882 05/10/02 195 1020 592883 05/10/02 2678 1020 592884 05/10/02 2230 1020 592885 05/10/02 M2002 1020 592886 05/10/02 2085 1020 592887 05/10/02 M2002 1020 592888 05/10/02 218 1020 592889 05/10/02 850 1020 592890 05/10/02 1242 1020 592891 05/10/02 1994 1020 592892 05/10/02 222 1020 592892 05/10/02 222 TOTAL CHECK 1020 592893 1020 592894 1020 592894 TOTAL CHECK 1020" 592895 10~20 592896 05/10/02 230 05/10/02 1912 V 05/10/02 1912 05/10/02 242 05/10/02 243 1108101 1109215 1108101 CUPERTINO SUPPLY INC 2708403 CUPERTINO SUPPLY INC 1108511 CUPERTINO SUPPLY INC 1108312 CUPERTINO SYMPHONIC BAND 5606620 CUSTOM TOPS, INC. 6308840 NANCY CZOSEK 1107503 DARMAWAN, JOHAN 110 DB PROMOTIONS 1101200 DE ANZA COLLEGE PARKING 1101000 DESIGN SIGNS 5606620 DIDDAMS AMAZING PARTY ST 5806349 DIGITAL PRINT IMPRESSION 1104310 DISTRICT ATTOICNEY TRUST 110 DICg ASSOCIATES 2709448 DEB ASSOCIATES 4209529 DUP/4AM TRANSPORTATION 5806349 ELESCO:EMERGENCY LIGHTIN 1108504 ELESCO:EMERGENCY LIGHTIN 1108504 ~4PLOYM~NTDEVELDEPT 110 ~MPLOI~TDEVELOPMENT 110 TRUCK DETAILING #8237 0.00 195.00 TRUCK DETAIL #8225 0.00 85.00 TRUCK DETAILING #8237 0.00 85.00 0.00 365.00 Refund: Check - Client 0.00 80.00 SERVICE A~REEMENT FOR 0.00 287.50 A~4OIRE PURCHASE 0.00 3963.68 SERVICE AGREEMEIFr FOR 0.00 5309.58 0.00 9560.76 PARTS/SUPPLIES 0.00 68.96 PARTS/SUPPLIES 0.00 35.57 PARTS/SUPPLIES 0.00 18.21 0.00 122.74 SERVICE AGREEMENT FOR 0.00 200.00 PARTS #8193 0.00 422.18 ADV 5/19-21 P.SPRINGS 0.00 12~.00 REFD IMPROV BOND 0.00 225~ d0 EMPLOYEE SERV AWARDS 0.00 46.81 150 PERMITS #1356 0.00 225.00 SI~N CHANGES 0.00 80.00 SUPPLIES #25061 0.00 25.05 LETTERHEAD ENVELOPES 0.00 3940.15 A LOPEZ JR 566398126 0.00 23.08 SERVICE AGREEMENT FOR 0.00 525.73 PUBLIC WORKS CONTRACT 0.00 31616.62 0.00 32142.3S PRE-SCHOOL FIELD TRIP 0.00 319.00 PARTS/SUPPLIES 5.76 80.21 PARTS/SUPPLiES -5.76 -80.21 0.00 0.00 SIT/932-0014-5 0.00 16209.23 SDI/776-5260-0 0.00 9~' 12 RUN DATE 05/09/02 TIME 15:46:16 - FINANCIAL ACCOUNTING 05/09/02 CITY OF CUPERTINO X~O~TX~ PERXOD: 11/o2 ~ P~I&T~ - DICmUP~T SEI-~ION ~I~: Ur~ac~.~r~_~e ~we~ "0~/06/2002~ ~d ~0~/10/2002 ~ - 110 - ~ ~ ~H AC~ ~ NO IS~ ~ .............. ~OR ............. ~/DE~ ..... DESCRIPTION ...... SALES TAX 1020 592897 1020 592898 1020 592898 TOTAL CHECK 05/10/02 234 05/10/02 1949 05/10/02 1949 1020 592899 05/10/02 253 1020 592900 05/10/02 1935 1020 592901 05/10/02 258 1020 592902 05/i0/02 260 1020 592902 05/10/02 260 1020 592902 05/10/02 260 1020 592902 05/10/02 260 1020 592902 05/10/02 260 1020 592902 05/10/02 260 TOTAL CHECK 1020 592903 05/10/02 2469 1~ 592904 05/10/02 M 1020 592905 05/10/02 2361 1020 592905 05/10/02 2361 1020 592905 05/10/02 2361 1020 592905 05/10/02 2361 1020 592905 05/10/02 2361 1020 592905 05/10/02 2361 1020 592905 05/10/02 2361 1020 592905 05/10/02 2361 TOTAL CHECK 1020 592906 1020 592907 1020 592908 1020 592909 1020 592909 TOTAL CHECK 1020 592910 1020 592910 1020 592910 1020 592910 1020 592910 1~' 592910 05/10/02 262 05/10/02 2271 05/10/02 818 05/10/02 268 05/10/02 268 05/10/02 298 05/10/02 298 05/10/02 298 05/10/02 298 05/10/02 298 05/10/02 298 ENGINEERING DATA SERVICE 110 EVENT SERVICES 5208003 EVENT S~RVIC~S 1108503 ~XCHANGE LINEN SERVIC~ 5606620 EX~IBITFX-SIGNCITY 1108603 FAMILY SUPPORT TRUSTEE 110 FEDERAL EXPRESS CORP 1104510 FEDERAL EXPRESS CORP 110 FEDERAL EXPRESS CORP 1104510 FEDERAL EXPRESS CORP 1107200 FEDERAL EXPRESS CORP 1101000 FEDEI~ EXPRESS CORP 6308840 FERR~LL, CAROL 1104100 FIROOZBAKHSH, BABAK 580 FIRST BANKCARD 5806449 FIRST BANKCARD 1106343 FIRST BANKCARD 1106647 FIRST BANKCARD 5806349 FIRST BANKCARD 1101060 FIRST BANKCARD 5806349 FIRST BANKed%RD 5806449 FIRST BANKCARD 1106300 FIRST PLACE INC 1104300 FLINT TRADING COMPANY 2708404 FLOYD D BROWN 1108503 FOSTER BROS SECURITY SYS 5708510 FOSTER BROS SECURITY SYS 1108503 GRAING~R INC 1108504 GRAINGER INC 1108503 GRAINGER INC 1108504 GRAINGER INC 1108503 GRAINGER INC 1108504 GRAINGER INC 1108504 MAILING 3/11 & 3/25 Pd~%~fAL4/02-5/01 ~AL 4/01-4/30 FY 2001-2002 OPEN PURC REPAIR BICYCLE BANNER V ORTEGA 563312780 COURIER SERVICE COURIER SERVICE COURIER SERVICE COURIER SERVICE COURIER SERVICE COURIER SERVICE' MONTEREY CONF 4/29-5/0 Refund: Check -Refund STATEMENT APRIL2002 STATEMENT APRIL2002 STATEMENT APRIL2002 STATEMENT APRIL2002 STATEMENT APRIL2002 STATEMENT APRIL2002 STATEMENT APRIL2002 STATEMENT APRIL2002 CITY COUNCIL POTRAITS PREMARK CYLINDER DOLLY TIME/MATeRIALS PARTS/SUPPLIES PARTS/SUPPLIES FY 2001-2002 OPEN PURC FY 2001-2002 OPEN PURC FY 2001-2002 OPEN PURC FY 2001-2002 OPEN PURC FY 2001-2002 OPEN PURC FY 2001-2002 OPEN PURC 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 123.26 102.84 162.38 265.22 194.74 108.00 352.62 15.36 15,36 20,67 15.36 28.00 16.67 111.42 684.11 55.00 44.30 176.49 49.80 1005.10 717.00 269.17 536.94 550.62 3349.42 820.81 2048.13 537.02 56.72 68.61 125.33 23.36 177.64 159.48 172.59 34.15 177.64 RUN DATE 05/09/02 TIME 15:46:17 - FINANCIAL ACCOUNTING 05/09/02 CITY OF CUPERTINO ACCOUNTING PERIOD: 11/02 CI-I~CK REGISTER - DISBURSEmeNT SELECTZON CRZTERZA: ~.rans&ct.t.=ans date between "05/06/2002" and "05/10/2002" FUND - 110 - GENERAL FUND CASH &CCT CHECK NO 1020 592910 05/10/02 298 1020 592910 05/10/02 298 1020 592910 05/10/02 299 1020 592910 05/10/02 298 TOTAL CHECK 1020 592911 05/10/02 2630 1020 592912 05/10/02 2595 1020 592912 05/10/02 2595 TOTAL CHECK 1020 592913 05/10/02 M 1020 592914 05/10/02 M 1020 592915 05/10/02 2050 1020 592916 05/10/02 343 1020 592917 05/10/02 1981 1020 592917 05/10/02 1981 TOTAL CHECK ' 1020 592918 05/10/02 353 1020 592919 05/10/02 1009 1020 592920 05/10/02 369 1020 592920 05/10/02 369 TOTAL Ct~ECK 1020 592921 05/10/02 2219 1020 S92922 05/10/02 M 1020 592923 05/10/02 2550 1020 592924 05/10/02 382 1020 592925 05/10/02 385 1020 592925 05/10/02 385 TOTAL CHECK 1020 592926 05/10/02 M 1020 592927 05/10/02 2272 1020 592928 05/10/02 408 1W20 592929 05/10/02 2583 iss~ ~ .............. V~OOR ............. m,~/D;PT (IRAING~R INC 1108501 GRAINGER INC 6308840 GRAINIER INC 1108502 GRA/NGER INC 6308840 GREGORY B. BR~G & ASSOC 6204550 HARGREAVES ASSOCIATES 4209224 HARGREAVES ASSOCIATES 4209224 HUANG, YINGKUEI 580 Henigson, Deb 550 I(~ 1108101 ICMARETIREMENT TRUST-45 110 IN£~/~STATE TRAFFIC CONTR 2708405 iNTERSTATE TP, AFFIC COI~R 1104400 IRON MOUNTAIN 1104300 J.A. SEXAUER INC 1108504 KEIJ~Y-MOORE PAINT CO INC 1108314 KElLY-MOORE PAINT CO INC 1108501 KEYSTOIT~ RESTAURANT SUPP 4249210 KHANNA, SHALINI 580 KREINES & KREINES, INC. 1107302 KNIK-KOPY PRINTING 5506549 LAB SA~-~-i'~ SI/PPLY 6308840 LAB SAFETY SUPPLY 2708404 LAM, CHEUNG-NEI 580 LANDSCAPE FORMS 4249210 LOS GATOSMEAT & SMOK~HO 5606620 LO~ENTHAL, RICHARD 1101000 ..... DESCRIPTION ...... SALES TAX FY 2001-2002 OPEN PURC 0.00 FY 2001-2002 OPEN PURC 0.00 FY 2001-2002 OPEN PURC 0.00 FY 2001-2002 OPEN PURC 0.00 0.00 W.COMP CLAIMS ADM 3/1- SERVICE AGREEMENT FOR SERVICE AGREEMENT FOR Refund: Check - Meua~ri Refund: Check ~ Deposi UPGRADING CITY HALL *ICMA SUPPLIES #8224 BARRACADES #8254 FY 2001-2002 OPEN PURC PARTS/SUPPLIES SUPPLIES #8261 SUPPLIES 24036 TRUE REACH IN FREEZE M Refund: Check - SPRING WIRELESS MASTER PLAN NSWSL~I-z'=y,S SUPPLIES 8241 SUPPLIES #8228 Refund: Check - SPRING I~RELLA EUQINOX FY 2001-2002 OPEN PURC R~G.FEE CONF 4/2-3 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0,00 0,00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 PAGE 5 177.64 74.73 177.64 4~.44 1218.31 1S00.00 5158.86 30837.90 35996.76 55.00 300.00 20.68 6560.48 521.49 169.41 690.90 6. J8 43.17 55.61 8.48 64.09 3037.23 SO.O0 2856.69 974.25 140.34 100.15 240.49 348.00 3125.92 593.46 1~=.00 RUN DATE 05/09/02 TIME 15:46:17 - FINANCIAL ACCOUNTIN~ os/o9/o2 ¢i~ or cuP~T~o Ac~-'om~ING p~R'roD: 11/o2 C~CK R~ISTER - DI~URS~T SE~'~TION CRITERIA: ~ransact.trans_date between '05/06/2002m and '05/10/2002 FUND - 110 - GENERAL FUND CASH ACCT CH~CK NO ISSUE DT .............. VENDOR ............. FUND/DEFT ..... DESCRIPTION ...... SALES TAX PA~E 6 1020 592930 05/10/02 1175 MCWHORTER & YOUNG 5806649 1020 592930 05/10/02 1175 MCWHORTER & YOUNG 1106343 1020 592930 05/10/02 1175 MCWHORT~R & YOUNG 1108201 1020 592931 05/10/02 444 MINTON'S LT,~BER 1108501 1020 592931 05/10/02 444 MINTON~S LOMBE~ 5806349 1020 592931 05/10/02 444 MINTON'S LUM~ER 1106343 1020 592932 05/10/02 2567 MISDU 110 1020 592933 05/10/02 1023 MASSOUD MOD~Ti~/~DI 1107501 1020 592934 05/10/02 465 1020 592934 05/10/02 465 1020 592934 05/10/02 465 1020 592934 05/10/02 465 1020 592934 05/10/02 465 1020 592934 05/10/02 465 1020 592934 05/10/02 465 1Q3,~. 592934 05/10/02 465 I 592934 05/10/02 465 10~ S92934 05/10/02 465 TOTAL CHECK 1020 592935 05/10/02 302 1020 592936 05/10/02 479 1020 592937 05/10/02 480 1020 592938 05/10/02 1358 1020 592939 05/10/02 490 1020 592940 05/10/02 493 1020 592940 05/10/02 493 1020 592940 05/10/02 493 1020 592940 05/10/02 493 1020 592940 05/10/02 493 1020 592940 05/10/02 493 1020 592940 05/10/02 493 1020 592940 05/10/02 493 TOTAL CHECK 1020 592941 05/10/02 494 1020 592941 05/10/02 494 1020 592941 05/10/02 494 10~ 592941 05/10/02 494 MOUNTAIN VIEW GARDEN CEN 1108312 MOUNTAIN VIEW GARDEN CEN 1108315 MOUNTAIN VIEW GARDEN CEN 1108315 MOUNTA/N VIEW GAP. DEW CEN 1108312 MOUNTAIN VIEW GARDEN CEN 1108315 MOUNTAIN VIEW GARDEW CEN 1108314 MOUNTAIN VIEW GARDEN CEN 1108315 MOUNTAIN VIEW GARDEN CEN 1108303 MOT~AIN VIEW GARDEN CEN 1108312 MOUNTAIN VIEW GARDEN CEN 1108312 NATIONAL DEFERRED COMPEN 110 NATURES WOOD 5606620 NELSEN ENGINEERING 4239222 NORTHERN TOOL & EQUIPMEN 6308840 NSTC:NEW SPRAYER TECHNOL 1108406 SUPPLIES #25053 SUPPLIES #25053 SUPPLIES #27188 SUPPLIES #24034 SUPPLIES #24709 SUPPLIES #23242 J TRYBUS 385960533 FY 2001-2002 OPEN PURC FY 2001-2002 OPEN PURC FY 2001-2002 OPEN PURC FY 2001-2002 OPEN PURC FY 2001-2002 OPEN PURC FY 2001-2002 OPEN PURC FY 2001-2002 OPEN PLTRC FY 2001-2002 OPEN PURC FY 2001-2002 OPEN P~TRC FY 2001-2002 OPEN PURC *NAT'L DEF FY 2001-2002 OPEN PURC SERVIC~ AGREEMENT FOR ~ ENGIN~ #8234 CHASIS THE SKID UNIT OFFIC~ DEPOT 5806349 SUPPLIES OFFIC~ DEPOT 1106200 SUPPLIES OFFICE DEPOT 1104300 SUPPLIES OFFICE DEPOT 1104000 SUPPLIES OFFICE DEPOT 6104800 SUPPLIES OFFIC~ DEPOT 6104800 SUPPLIES OFFICE DEPOT 1101201 SUPPLIES OFFICE DEPOT 2708405 SUPPLIES #8212 OFFICE DEPOT CREDIT PLAN 1101500 OFFICE DEPOT CREDIT PLAN 1101500 OFFICE DEPOT CREDIT PLAN 1101500 OFFICE DEPOT CREDIT PLAN 1101500 SUPPLIES RETURN RETURN SUPPLIES 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 15.51 6.35 32.27 54.13 56.64 14.38 18.01 89.03 223.00 225.00 99.48 24.88 179.51 231.84 14.58 179.52 17.32 179.52 162.11 179.52 1268.28 17685.46 405.94 10792.50 380.68 3989.01 9.73 S5.62 135.48 5.40 27.05 243.01 16.22 270.54 763.05 154.05 -48.70 -24.34 648.70 RUN DATE 05/09/02 TIME 15:46:18 - FINANCIAL ACCOUNTING 05/09/02 CITY OF CUPERTINO PAGE 7 ACCOUNTING PERIOD.' 11/02 CHECK REGISTER - DISBUP~EMBNT F~H~D SELECTION CRITERIA: ~ransacc.=rans_daCe between "05/06/2002" and "05/10/2002" FUND - 110 - GENERAL FUND CASH ACCT CHECK NO ISSUE DT .............. VENDOR ............. FUND/DEPT 1020 592941 05/10/02 494 1020 592941 05/10/02 494 1020 592941 05/10/02 494 TOTAL CHECK OFFICE DEPOT CREDIT PLAN 1101500 OFFICE DEPOT CREDIT PLAN 1101500 OFFICE DEPOT C~EDIT PLAN 1101500 1020 592942 05/10/02 1190 RONAZ/) OLDS 1103500 1020 592943 05/10/02 501 OPERATING ENGINEEP,~ #3 110 1020 592944 1020 592944 1020 592944 1020 592944 TOTAL CHECK 05/10/02 SO0 05/10/02 5OO 05/10/02 500 05/10/02 500 OPERATING ENGINEERS PUB 1104510 OPERATING ENGINEERS PUB 1104510 OPE,RATING ENGINEERS PUB 110 OPERATING ENGINEERS PUB 1104510 1020 592945 1020 592945 1020 S92945 1020 592945 1020 592945 1020 592945 1020 592945 TOTAL CHECK 05/10/02 1220 05/10/02 1220 05/10/02 1220 05/10/02 1220 OS/10/02 1220 05/10/02 1220 05/10/02 1220 ORCHARD SUPPLY P2~RDWA~E 1108506 ORCHARD SUPPLY HARDWARE 1108501 ORCHARD SUPPLY HARDWARE 1108507 ORCHARD SUPPLY HARDWARE 1108504 ORCHARD SUPPLY HARDWARE 1108501 ORCHARD SUPPLY HARDWARE 1108830 ORCHARD SUPPLY HARDWARE 1108503 1020 S92946 1020 592946 1020 592946 1020 592946 1020 592946 1020 592946 1020 592946 1020 592946 1020 592946 1020 592946 1020 592946 1020 592946 1020 S92946 1020 592946 TOTAL CHECK 05/10/02 981 ORC'~U~.D SUPPLY ~d~DWARE 2708405 05/10/02 981 ORCHARD SUPPLY HARDWARE 1108303 05/10/02 981 ORCHARD SUPPLY HARDWARE 1108507 05/10/02 981 ORCHARD SUPPLY HARDWARE 1108407 05/10/02 981 ORCHARD SUPPLY }~RDWARE 1108507 05/10/02 981 ORCHARD SUPPLY HARDWARE 2708405 05/10/02 981 ORCHARD SUPPLY HARDWARE 1108408 05/10/02 981 ORCHARD SUPPLY HARDWARE 1108408 05/10/02 981 ORCHARD SUPPLY HARDWARE 1108312 05/10/02 981 ORCHARD SUPPLY HA~DWARE 2708405 05/10/02 981 ORCHARD SUPPLY HARDWARE 5706450 05/10/02 981 ORCHARD SUPPLY HARDWARE 1108315 05/10/02 981 ORCHARD SUPPLY HA~,DW~E 1108303 05/10/02 981 ORCHARD SUPPLY HARDWA]~E 1108408 1020 592947 05/10/02 504 ORIENTAL TRADING CO 1101200 1020 592948 05/10/02 ME2002 OSBORNE, CHYLENE 1104100 1020 592949 05/10/02 507 DAN OSBORNE DBA:OSBORNE 5606620 1020 592950 1020 592950 1020 592950 1020 S92950 10~0 592950 05/10/02 833 P E R S 110 05/10/02 833 P E R S 110 05/10/02 833 P E R S 110 05/10/02 833 P E R S 110 05/10/02 833 P E R S 110 ..... DESCRIPTION ...... SD'PPLIES ADJUSTMENT FOR CREDIT SUPPLIES SONY DSR TRAINING UNION DUES BLOO~QUIST ADJ H & W P.W. RETIRED SPL H & W P.W. EMPLOYEES H & w P.W. RETIREE SUPPLIES SUPPLIES SUPPLIES SUPPLIES ON-TIME DISCOUNT SUPPLIES SUPPLIES PARTS/SUPPLIES 8199 SUPPLIES 17007 SUPPLIES 8175 SUPPLIES 8173 0N-TIME DISCOUNT PARTS/SUPPLIES 8190 PARTS/SUPPLIES 8187 PARTS/SUPPLIES 10398 PARTS/SUPPLIES 8186 PARTS/SUPPLIES 8170 PARTS/SUPPLIES 21756 PARTS/SUPPLIES 8207 PARTS/SUPPLIES 8203 PARTS/SUPPLIES 10397 SUPPLIES 7419 ADVCON~ 5/19-5/22 PERS 1959 *PERS BYBK *PERS BYBK PERS EMPTY PEP~ BUYBK SALES TAX 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0,00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 86.29 -104.37 8.20 719.83 500.00 586.71 -784.00 3360.00 5488.00 784.00 8848.00 88.72 109.93 21.63 16.19 -8.12 43.70 45.40 317.45 95.03 292.21 145.07 -30.72 320.85 528.43 42.42 159.08 280.58 29.29 205.46 350.75 38.95 2904.87 75.40 126.00 1172.59 117.18 327.28 180.14 216.60 RUN DATE 05/09/02 TIME 15:46:19 - FINANCIAL ACCOUNTING 05/09/02 CITY OF CUPERTINO PAGE 8 ACCOUNTING PERIOD.' 11/02 C~CK REGISTE~ - DISB~L~EMENT ~ SE'"--'"ION CRIT~IA: tratnsact.trans_clate between "05/06/2002" a/id '05/10/2002' FUND - 110 - GENE~ FUND CASH ACCT CHECK NO ISSUE DT .............. VENDOR ............. FUND/DEFT 1020 592950 05/10/02 833 P E R S 110 1020 592950 05/10/02 833 P E R S 110 1020 592951 05/10/02 511 PACIFIC BELL 6104800 1020 592952 05/10/02 513 1020 592952 05/10/02 513 1020 592952 05/10/02 513 1020 592952 05/10/02 513 1020 592952 05/10/02 513 1020 592952 05/10/02 513 1020 592952 05/10/02 513 1020 592952 05/10/02 513 1020 592952 05/10/02 513 1020 592952 05/10/02 513 1020 592952 05/10/02 513 1020 592952 05/10/02 513 1020 592952 05/10/02 513 1020 592952 05/10/02 513 1020 592952 05/10/02 513 1020 592952 05/10/02 513 10,-~''~ 592952 05/10/02 513 I CHECK PACIFIC GAS & ELECTRIC PACIFIC GAS & ELECTRIC PACIFIC GAS & ELECTRIC PACIFIC GAS & ELECTRIC PACIFIC GAS & ELECTRIC PACIFIC GAS & ELECTRIC PACIFIC GAS & ELECTRIC PACIFIC GAS & ELECTRIC PACIFIC GAS & ELECTRIC PACIFIC GAS & ELECTRIC PACIFIC GAS & ELECTRIC PACIFIC GAS & ELECTRIC PACIFIC GAS & ELECTRIC PACIFIC GAS & ELECTRIC PACIFIC GAS & ELECTRIC PACIFIC GAS & ELECTRIC PACIFIC GAS & ELECTRIC 1108303 1108407 1108501 1108503 1108504 1108315 1108312 1108511 1108507 1108314 1108506 5708510 1108505 5606620 1108830 1108602 5606620 1020 592953 05/10/02 515 1020 592953 05/10/02 515 TOTAL CHECK PACIFIC WEST SECURITY IN 1102403 PACIFIC WEST SECURITY IN 1102403 1820 592954 05/10/02 1952 PAPA 1108201 1020 592955 05/10/02 1952 PAPA 1108407 1020 592956 05/10/02 520 PAPERDIR~CT INC 5506549 1020 592957 05/10/02 )42002 PEN~N TECHNOLOGY MEDIA 6104800 1020 592958 05/10/02 533 PERS LONG TERM CARE PROG 110 1020 592959 1020 592959 TOTAL CHECK 05/10/02 542 PINE CONE LUMBER 1108501 05/10/02 542 PINE CONE LT3~ER 1108506 1020 592960 05/10/02 546 PITNEY BOWES INC 1104310 1020 592961 1020 592961 TOTAL CHECK 05/10/02 1929 05/10/02 1929 PIalLNNING R~SOURC~ ASSOCI 1107302 PLANNING RESOURCKASSOCI 1108601 1020 592962 05/10/02 M PRABFa%KAR, SANGEETA 580 ..... DESCRIPTION ...... PERS EMPLY PERS SPEC 4/20-5/19 S~RVICI: 3/28-4/29 SERVIC~ 3/28-4/29 SERVIC~ 3/28-4/29 SERVIC~ 3/28-4/29 SERVIC~ 3/28-4/29 SERVICE 3/28-4/29 SERVICE 3/28-4/29 SERVICE 3/28-4/29 SERVICE 3/28-4/29 SERVICE 3/28-4/29 SERVICE 3/28-4/29 SERVICE 3/28-4/29 SERVICE 3/28-4/29 SERVICE 3/28-4/29 SERVICE 3/28-4/29 S~RVICE 3/28-4/29 SERVICE 3/28-4/29 ACCESS EQUIPMENT ACCESS EQUIPMENT CONF 7/25 (8 PEOPLE* REG FEE · TRACY 5/23 SUPPLIES #16041 WIN2K SUBSCRIPTION PERS LTC/#2405 SUPPLIES #8206 PARTS/SUPPLIES FY 2001-2002 OPEN PURC GENERAL PLAN REVIEW AN GENERAL PLAN REVIEWAN REFUNDS 144486 & 14448 SALES TAX 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 24432.87 123.98 25435.57 69.80 4830.85 1202.35 5117.34 1633.95 4639.70 312.30 237.39 292.90 1033.90 721.02 223.71 3579.91 2566.83 523.85 16.67 2403.04 26.64 29362.35 5063.00 9970.00 15033.00 440.00 55.00 35.94 29.95 159.24 100.67 53.90 1S4.57 240.80 2813.95 3000.00 5813.95 120.00 RUN DA~I~ 05/09/02 TIME 15:46:19 - FINANCIAL ACCOUNTING 05/09/02 CTTY OF CUPERTINO PAGE 9 ACCOUNTING PERIOD: 11/02 C~ECK REGIb-z-~ - DISBURS~4ENT FUND SELECTION CRITERIA: transact. Crans_date between "05/06/2002" and "05/10/2002" FUND - 110 - GENERAL FUND CASH ACCT CHECK NO ISSUE DT .............. V~NDOR ............. FUND/DEFT 1020 592963 05/10/02 )42002 PRICHA~D, CLAR~ 110 1020 592964 05/10/02 559 PROJ~CTSENTINEL 1107405 1020 592964 05/10/02 559 PROJECT SENTINEL 1107405 TOTAL CHECK 1020 592965 05/10/02 M2002 PUBLIC P. ETIP.~NT JOURNA 1104510 1020 592966 05/10/02 509 PW SUPERMAI~K~TS INC 5806349 1020 592966 05/10/02 509 PW SUPERMARKETS INC 5806349 1020 592966 05/10/02 509 PM SUPEi~4ARK~TS INC 5806649 1020 592966 05/10/02 509 PW SUPERMARKETS INC 5806349 1020 592966 05/10/02 509 PW SUPEP~4ARK~TS INC 5806349 1020 592966 05/10/02 509 PW SUPE~t~R~(ETS INC 5806349 1020 592966 05/10/02 509 PM SIIPER~S INC 5806349 1020 592966 05/10/02 509 PM SUPERMARKETS INC 5806349 1020 592966 05/10/02 509 PM SUPERMARKETS INC 5806349 1020 592966 05/10/02 509 PM SUPERMARKETS INC 5806349 1020 592966 05/10/02 509 PM SUPERFu%RK~TS INC 1106342 1020 592966 05/10/02 509 PM SUPERMARKETS INC 5806349 1020 592966 05/10/02 509 PM SUPER)~RKETS INC 5806349 1020 592966 05/10/02 509 PM SUPER~%RKETS INC 5806649 TOTAL CHECK 1020 592967 05/10/02 1406 RAINES CHEVORLET 6308840 1020 592967 05/10/02 1406 RAINES CH~VORLET 6308840 1020 592967 05/10/02 1406 RAINES C~OR~T 6308840 1020 592967 05/10/02 1406 RAINES CH]~VOR/~ET 6308840 1020 592967 05/10/02 1406 RAINES C~0RLET 6308840 TOTAL C~ECK 1020 592968 05/10/02 M2002 RAMACHANDR$/q, VElqKY 1100000 1020 592968 05/10/02 M2002 RAMACHANDRAN, VENKY 1100000 1020 592968 05/10/02 M2002 RAMAC~P~%N, ~ 1100000 1020 592968 05/10/02 M2002 P~C~RAN, VENKY 110 TOTAL CHECK 1020 592969 05/10/02 2482 RHI CONSULTING 6104800 1020 592969 05/10/02 2482 P/4I CONSULTING 6104800 1020 592969 05/10/02 2482 PHI CONSULTING 6104800 TOTAL CHECK 1020 592970 05/10/02 2371 RON'S TRANSMISSION 6308840 05/10/02 2043 RUDE'S PEST MANagEMENT 1108315 05/10/02 437 S V C N 1101070 05/10/02 M S~, ~TAM KT~ 580 1020 592971 1020 592972 1020' 592973 1020 592977 05/10/02 625 SAN JOSE WATER COMPANY 1108407 ..... DESCRIPTION ...... REFD ENCROAC~BOND SERVICES 7/01-9/30/01 SERV 10/01-12/31/01 P. ETIRE~NT SEMI~IAR 6/7 SUPPLIES 25044 SUPPLIES 25010 SUPPLIES 25077 SUPPLIES 25093 SIIPPLIES 25050 SUPPLIES 25051 SUPPLIES 25031 SUPPLIES 23237 SUPPLIES 25030 SUPPLIES 23335 SUPPLIES 25058 SLTPPLIES 25049 SUPPLIES 23859 SUPPLIES 25212 FY 2001-2002 OPEN PURC CREDIT AMNTB.FORWARD FY 2001-2002 OPEN PURC FY 2001-2002 OPEN PURC FY 2001-2002 OPEN PURC OVERPA19~ENT 0VERPAYM~I~T OVERPA194ENT OVERPAYMENT J.SEVERgNCE W/E 5/03 J.SEVERANCE W/E 4/26 J.S~VER~CE W/E 4/19 TIME/MATERIALS TIME/MATERIALS LEGAL NOTICES/P. C0~4 Ref%~nd: Check - Portal 3/26-4/25/02 SALES TAX 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0,00 0.00 0,00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 . 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 500.00 5175.00 5175.00 10350.00 150.00 22.63 27.45 23.37 26.98 24.5V 27.14 50.31 27.29 48.55 8.41 9.36 21.74 18.50 34.72 371.02 -27.03 113.27 12.25 13.00 191.77 195.70 93.50 62.10 1.00 352.30 1008.00 1008.00 1008.00 3024.00 1691.92 764.70 7S.OO SS.Q0 RUN DATE 05/09/02 TIME 15:46:20 - FINANCIAL ACCOUNTING o~/o9/o2 cz~-~ oz am~zn~-o ~Z 10 ACCOUFZT~ ~mzoD: ll/0~ a.~t'Z ~2CI~T~R - DI~UR~B4~T ~ - SE~""~ION CRITERIA: Cransacc.=rans_date between '05/06/2002m an~ a05/10/2002' FUND - 110 - G]~TERAL FUND CASH ACCT CHECK NO ISSUE DT .............. VENDOR ............. FUND/DEPT 1020 592977 05/10/02 625 SAN JOSE WATER COMPANY 1108312 1020 592977 05/10/02 625 SAN JOSE WATER COMPANY 1108407 1020 592977 05/10/02 625 SAN JOSE WAT~ COMPANY 5708510 1020 592977 05/10/02 625 SAN JOSE WATER COMPANY 1108407 1020 592977 05/10/02 625 SAN JOSE WATER COMPANY 1108408 1020 592977 05/10/02 625 SAN JOSE WATER COMPANY 1108504 1020 592977 05/10/02 625 SAN JOSE WATER COMPANY 1108504 1020 592977 05/10/02 625 SAN JOSE WATER COMPANY 1108303 1020 592977 05/10/02 625 SAN JOSE WATER COMPANY 1108303 1020 592977 05/10/02 625 SAN JOSE WATER COMPANY 1108407 1020 592977 05/10/02 625 SAN JOSE WATER COi~PANY 1108407 1020 592977 05/10/02 625 SAN JOSE WATER COMPANY 5606640 1020 592977 05/10/02 625 SAN JOSE WATER COMPANY 1108504 1020 892977 05/10/02 625 SAN JOSE WATER CO~A~ 5606620 1020 592977 05/10/02 625 SAN JOSE WATER COMPANY 5606620 1020 592977 05/10/02 625 SAN JOSE WATER COMPANY 1108312 1020 592977 05/10/02 625 SAN JOSE WATER COMPANY 1108312 1020 592977 05/10/02 625 SAN JOSE WATER COMPANY 1108407 1020 592977 05/10/02 625 SAN JOSE WATER COMPANY 1108407 1020 592977 05/10/02 625 SAN JOSE WATER COMPANY 1108407 1020 592977 05/10/02 625 SAN JOSE WATER COMPANY 1108321 1020 592977 05/10/02 625 SAN JOSE WATER COMPA~ 1108407 102~'- 592977 05/10/02 625 SAN JOSE WATER COMPANY 1108407 i 592977 05/10/02 625 SAN JOSE WAI~R COMPAI~ 1108314 10ku 592977 05/10/02 625 SAN JOSE WATER COMPANY 1108315 1020 592977 05/10/02 625 SAN JOSE WATER COMPANY 1108315 1020 592977 05/10/02 625 SAN JOSE WATER COMPANY 1108321 1020 592977 05/10/02 625 SAN JOSE WATER COMPANY 1108314 1020 592977 05/10/02 625 SAN JOSE WATER COMPANY 1108321 1020 592977 05/10/02 625 SAN JOSE WATER COMPANY 1108506 1020 592977 05/10/02 625 SAN JOSE WATER COMPANY 5708510 1020 592977 05/10/02 625 SAN JOSE WATER COMPANY 1108321 1020 592977 05/10/02 625 SAN JOSE WATER COMPANY 1108407 1020 592977 05/10/02 625 SAN JOSE WATER COMPANY 1108407 1020 592977 05/10/02 625 SAN JOSE WATER CO~/~qY 1108407 1020 592977 05/10/02 625 SAN JOSE WATER COMPANY 1108505 1020 592977 05/10/02 625 SAN JOSE WATER COMPANY 1108505 1020 592977 05/10/02 625 SAN JOSE WATER COMPANY 1108407 1020 592977 05/10/02 625 ~ JOSE WATER COMPANY 1108506 1020 592977 05/10/02 625 SAN JOSE WATER COMPANY 1108407 1020 592977 05/10/02 625 SAN JOSE WATER COMPANY 1108407 1020 592977 05/10/02 625 SAN JOSE WATER COMPANY 1108407 1020 592977 05/10/02 625 SAN JOSE WATER COMPANY 1108407 1020 592977 05/10/02 625 ~ JOSE WATER COMPANY 1108407 1020 592977 05/10/02 625 SAN JOSE WATER COMPANY 1108407 1020 592977 05/10/02 625 SAN JOSE WATER COMPAN~ 1108407 1020 592977 05/10/02 625 SAN JOSE WATER COMPANY 5606620 1020 592977 05/10/02 625 SAN JOSE WATER COMPANY 1108506 1020 592977 05/10/02 625 SAN JOSE WATER COMPANY 1108407 1020 592977 05/10/02 625 SAN JOSE WATER COMPAI~TY 1108407 ~ 592977 05/10/02 625 SAN JOSE WATER C(IMPANY 1108407 ..... DESCRIPTION ...... 3/26-4/25/02 3/26-4/25/02 3/26-4/25/02 2/25-4/24/02 3/26-4/25/02 3/26-4/25/o2 3/26-4/25/02 3/26-4/25/02 3/26-4/25/02 3/26-4/25/02 3/os-s/oz/o2 3/26-4/25/02 3/26-4/25/02 3/26-4/25/02 3/26-4/25/02 3/26-4/25/02 3/26-4/25/02 3/05-5/02/02 3/05-5/01/02 3/04-5/01/02 3/04-5/02/02 3/26-4/25/02 3/26-4/25/02 3/27-4/25/02 3/26-4/25/02 3/26-4/25/02 3/26-4/25 3/26-4/25 4/01-4/30/02 2/25-4/24/02 2/25-4/24/02 4/01-4/30 3/os-s/o2/o2 3/26-4/25/02 3/26-4/25/02 3/26-4/25/02 4/01-4/30/02 2/25-4/23/02 3/26-4/2S/02 3/26-4/25/02 2/25-4/24~02 3/26-4/25~02 3/26-4/25~02 3/26-4/25 ~02 3/26-4/25 ~02 3/26-4/25 ~02 3/26-4/25 ~02 3/26-4/25 ~02 3/26-4/25~02 3/26-4/25~0~ 3/26-4/25~02 SALES TAX 0.00 0.00 0,00 0,00 0,00 0,00 0,00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 546.96 79.08 203.04 112.36 25.00 170.28 85.13 73.66 1249.54 14.47 185.93 1604.20 9.00 57.29 91.68 250.54 797.07 137.76 240.74 57.57 1595.80 693.58 761.66 575.67 112.35 1298.04 152.21 101.27 36.50 135.01 119.35 36.50 34.32 35.93 37.57 224.33 9.00 112.46 30.84 8.55 31,57 88.33 14.47 14.47 96.60 27.58 18,05 88,17 14,47 34,12 117.64 RUN DATE OS/09/02 TIME 15:46:21 - FINANCIAL ACCOUNTING 05/09/02 CITY OF CUPERTINO PA~--E 11 ACCOUNTING PERIOD: 11/02 CIiECK IU~OISTBR - DISBURSEMENT ~ SELECTION CRITERIA: ~ransacC.crans_daCe between "05/06/2002" and "05/10/2002" FUIqD - 110 - GENERAL FUND CASH ACCT CHECK NO ISSUE DT .............. VENDOR ............. FUND/DEPT 1020 592977 1020 592977 1020 592977 1020 592977 1020 592977 1020 592977 1020 592977 1020 592977 1020 592977 1020 592977 1020 592977 1020 592977 1020 592977 1020 592977 1020 592977 1020 592977 1020 592977 1020 592977 1020 592977 1020 592977 1020 592977 1020 592977 1020 592977 1020 592977 1020 592977 1020 592977 1020 592977 1020 592977 1020 592977 lb20 592977 1020 592977 1020 592977 TOTAL CHECK O5/lO/O2 O5/lO/O2 O5/lO/O2 05/10~02 05/10 ~02 05/10 ~02 05/10 ~02 05/10 ~02 05/10 ~02 05/10 ~02 05/10 ~02 05/lC~02 O5/lO/O2 05/10/02 05/10/02 O5/lO/O2 O5/lO/O2 O5/lO/O2 05/10/02 O5/lO/O2 OS/lO/O2 O5/lO/O2 O5/lO/O2 O5/lO/O2 os/1o/o2 O5/lO/O2 05/i0/02 os/io/o2 oS/IO/O2 OS/lO/02 os/io/o2 OS/lO/02 625 SAN JOSE WATER COMPANY 5606620 625 SAN JOSE WATER COMPANY 1108407 625 SAN JOSE WATER COMPANY 5708510 625 SAN JOSE WATER COMPANY 1108303 625 SAN JOSE WATER COMPANY 1108303 625 SAN JOSE WATER COMPANY 1108303 625 SAN JOSE WATER CO~ANY 1108503 625 SAN JOSE WATER COMPANY 1108315 625 SAN JOSE WATER COMPANY 1108407 625 SAN JOSE WATER COI~ANY 1108314 625 SAN JOSE WATER COMPANY 1108314 625 SAN JOSE WATER COMPANY 1108507 625 SAN JOSE WATER COMPANY 1108314 625 SAN JOSE WATER COMPANY 1108314 625 SAN JOSE WATER COMPANY 1108302 625 SAN JOSE WATER COMPANY 1108314 625 SAN JOSE WATER COMPANY 1108314 625 SAN JOSE WATER COMPANY 5708510 625 SAN JOSE WATER COMPANY 1108315 625 SAN JOSE WATER COMPANY 1108314 625 SAN JOSE WATER COMPANY 1108315 625 SAN JOSE WATER COMPANY 1108407 625 SAN JOSE WATER COMPANY 5606620 625 SAN JOSE WATER COMPANY 1108407 625 SAN JOSE WATER COMPANY 1108407 625 SAN JOSE WATER COMPANY 1108407 625 SAN JOSE WATER COMPANY 1108407 625 SAN JOSE WATER COMPANY 1108407 625 SAN JOSE WATER COMPANY 1108407 625 SAN JOSE WATER COMPAIqY 1108407 625 SAN JOSE WATER COMPANY 1108407 625 SAN JOSE WATER COMPANY 1108407 1020 592978 05/10/02 631 SANTA CLARA CO DEPT ENVI 5606620 1020 592979 05/10/02 630 SANTA CLARA CO PROBATION 1102100 1020 592980 05/10/02 639 1020 592980 05/10/02 639 1020 592980 OS/10/02 639 1020 592980 05/10/02 639 1020 592980 05/10/02 639 1020 592980 OS/10/02 639 TOTAL CHRCK SAVIN CORPORATION (COPIE 1104310 SAVIN CORPORATION (COPIE 5806249 SAVIN CORPORATION (COPIE 5706450 SAVIN CORPORATION (COPIE 5806449 SAVINCORPORATION (COPIE 5506549 SAVIN CORPORATION (COPIS 5806349 1020 592981 05/10/02 2439 SERVICE STATION SYSTEMS, 6308840 1020 592982 1020 592982 TOTAL CHECK 05/10/02 2313 SHERVINGTON, SKIP 1102100 05/10/02 2313 SHRRVINGTON, SKIP 1102100 ..... DESCRIPTION ...... 3/26-4/25/02 3/26-4/25/02 3/26-4/25/02 3/26-4/25/02 2/26-4/25/02 3/26-4/25/02 3/26-4/25/02 3/26-4/25/02 3/26-4/25/02 3/26-4/25/02 3/26-4/25/02 3/26-4/25/02 3/26-4/25/02 3/26-4/25/02 3/26-4/25/02 3/26-4/25/02 4/01-4/30/02 4/01-4/30/02 3/26-4/25/02 3/26-4/25/02 4/01-4/30/02 3/26-4/25/o2 2/25-4/23/02 3/26-4/25/02 3/26-4/25/02 3/26-4/25/02 3/26-4/25/o2 3/26-4/25/02 3/26-4/25/02 3/26-4/25/02 3/26-4/25/02 3/26-4/25/02 RECYCLE WASTE OIL JAN, FEB,MAR 2002 #15060106 2/8-5/8/02 #15060106 2/8-5/8/02 #15060106 2/8-5/8/02 #15060106 2/8-S/8/02 #15060106 2/8-5/8/02 #15060106 2/8-5/8/02 TIMR/MAT~RIALS 8232 PSG SIGNATURE STAMPS PSS STOCK DESK STAMPS SALES TAX 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 91.68 35.93 232.52 57.29 224.33 1655.68 160.46 66.33 86.77 137.54 150.64 76.94 1252.81 1265.92 242.34 577.55 9.00 9.00 1435.87 427.41 36.50 63.84 1~' ~2 8u.lS 22.67 25.93 21.02 18.37 8.55 32.49 247.19 21804.20 117.50 5517.00 1875.90 1610.16 295.37 427.91 1479.98 405.99 6095.31 444.84 62.40 42.00 3' '8 RUN DATE 05/09/02 TIME 15:46:22 - FINANCIAL ACCOUNTING 05/0~/02 cr~o~an~?um ACCO~t~TING PERIOD: 11/02 CI~CKI~IS'T~. - DZ~~ SE-~ TON ~l~: tr~act. C=~_~te ~twe~ -05/06/2002' ~ .05/10/2002" ~H AC~ ~ N0 IS~ ~ .............. ~R ............. ~/DE~ 1020 592983 05/10/02 M]g2002 1020 592984 05/10/02 2016 1020 592985 05/10/02 652 1020 592986 05/10/02 M 1020 592987 05/10/02 1116 1020 592988 05/10/02 677 1020 592989 05/10/02 ME2002 1020 592990 05/10/02 689 1020 592991 05/10/02 695 1020 592991 05/10/02 695 1020 592992 05/10/02 M 1( 592993 05/10/02 M2002 1020 592994 05/10/02 701 1020 592994 05/10/02 701 1020 592994 05/10/02 701 1020 592994 05/10/02 701 TOTAL CHECK 1020 592995 05/10/02 2532 1020 592995 05/10/02 2532 TOTAL CHECK 1020 592996 05/10/02 M 1020 592997 05/10/02 )42002 1020 592996 05/10/02 1993 1020 592999 05/10/02 717 1020 593000 05/10/02 727 1020 593001 05/10/02 )42002 1020 593002 05/10/02 1154 1020 593003 05/10/02 2584 lC~' 593003 05/10/02 2584 RUN DATE 05/09/02 TIME 15:46:22 SHRIVASTAVA, AARTI 1107200 SIEMENS BUILDING TECHNOL 1108501 SIE~U~A SPRINGS WATER CO. 1106265 SMITH, RONAI,D 580 SONY ELECTRONICS INC 1103500 STATE STREET BANK & TRUS 110 S-£~a~T~OTT, DOROTHY 2204011 S~9~4IT UNIFORMS 1104530 SYSCO FOOD SERVICES OF S 5606620 SYSCO FOOD SERVIC~ OF S 5606620 TANAKA, YUKO 580 TARGET SPECIALTY PRODUCT 1108201 TARGET STORES 5806349 TARGET STORES 5806349 TARGET STORES 5806349 TARGET STORES 5806349 TECHNICAL ANALY~IS, INC. 1107502 T~CHNICALANALYSIS, INC. 1107502 THAKAR, ANJANEYA 580 TOHN OF LOS GATOS 1107200 ~ 0FALAMEDACOU 110 P~/~J~AJTR~DER 2308004 U S POST~ 1103400 ULI-THE U~BAN LAND INSTI 1107301 UNITED WAY OF SANTA ChAR 110 ~HTZVERSAL DIALOG, INC. 1103300 UNIVERSAL DI~3~0G, INC. 1103300 ..... DESCRIPTION ...... PRIZES/C0~. CONGRESS PARTS/SUPPLIES FY 2001-2002 0P~N PURC Refund: Check - SPRING MA~'£~K PLANE NTSCTORQ *PEPS DEF TLT GRADQ~TION GIFTS UNIFO~MS/KORNAHRENS FY 2001-2002 OPEN PU~C P"/ 2001-2002 OPEN PURC Refund: Check - SPRING FIELD DAY 5/22 SUPPLIES #25062 SUPPLIES #25065 SUPPLIES #25063 SUPPLIES #25064 PLAN REVIEW SERVICE PLAN REVIEW SERVICE REFUNDS 143328 & 14332 MISSED SCCAPO MTG A LOPEZ ~TR 566398126 SERVICE AGREEMENT FOR CUPERTINO SCNE JUN-JUL BOOK FOR PLANNING UNITED WAY TgJ~NSLATION 4/19 TRANSLATION 3/27 PAGE 12 SALSS TAX 0.00 0.00 0.00 0.00 0.00 0. O0 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 - FINANCIAL ACCOQNTING 60.00 1476.95 92.45 35.00 1806.66 2860.63 100.00 72.53 8.26 2493.12 2501.40 276.00 480.00 16.23 54.06 43.29 26.08 139.66 690.00 586.52 1276.52 120.00 16.25 161.54 1496.00 5063.00 13.50 108.00 699.30 437.76 05/09/02 Ci'TYOF CUPERTINO ALTObllTIN~ SIOD: 11/02 C~IBCK R~GZ~T&k - DZSBUR..qI~I~NT ~ SELECTZONCRZTERZA: transact.trans_date between '05/06/2002" and "05/10/2002" FUND - 110 - G~IE~/,, FUND CASH ACCT CHECK)lO TOTAL CHECK 1020 593004 1020 593005 1020 593006 1020 593007 1020 593008 1020 593009 1020 593010 1020 593010 TOTAL CHECK 1020 593011 1020 593011 1020 593011 1020 593011 1020 593011 1020 593011 TOTAL C~ECK TOTAL CASH ACCOUNT TOTAL FUND TOTAL REPORT ISSU~ DT .............. VENDOR ............. FC~ID/DEPT 05/10/02 310 05/10/02 310 05/10/02 1939 05/10/02 M 05/10/02 794 05/10/02 1081 05/10/02 962 05/10/02' 962 ~ERIZON WZP, ELESS (FOP, ME~ 1108501 VERIZON WIRELESS (FOP~4ER 1102403 WINZL~R & KELLY CONSULTI 2709443 Wong, Catherine 550 X~ROX CORPORATION 1104310 YAMAGAMI'S NUP~ERY 1108312 LINDA YELAVICH 5506549 LINDAYELAVICH 5506549 05/10/02 805 05/10/02 805 05/10/02 805 05/10/02 805 05/10/02 805 05/10/0~ 805 Zb~4WALT ENGINEERING GROU 4209528 ZUMWALT ENGINEERING GROU 2709443 ZOMWALT ENGINEERING GROU 2709531 ZL~4WALT ENGINEERING GROU 4209535 ZT~4WALT ENGINEERING GROU 4209533 ZUMWALT ENGINEERING GROU 4209534 ..... DESCRIPTION ...... #309369653 APR2002 #608881609 APR2002 PUBLIC WORKS CONTRACT REFUNDS 19938 & 19940 FY 2001-2002 OPEN PURC LANDSCAPE SUPPLIES 826 CAKES/BIRTHDAYS FOOD COST 5/2 T~AINING SERVICR AGREEMENT FOR SERVICE AGREEMENT FOR PUBLIC WORKS CONTRACT WORK PLAN COST PROPOSA SERVICE AGReeMENT FOR PROJECT MGMT SVC SALES TAX 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 PAGE 13 AMOUNT 1137.06 58.69 73.43 32918.82 120.00 1212.40 158.66 49.98 63.29 113.27 240.24 318.00 440.44 1841.85 1669 Q4 27 721v.,6 417698.60 417698.60 417698.60 RUN DATE 05/09/02 TIME 15:46:22 - FINANCIAL ~COUNTIN~ RESOLUTION NUMBER ~-o~ DRAFT A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO ALLOWING CERTAIN CLAIMS AND DEMANDS PAYABLE IN THE AMOUNTS AND FROM THE FUNDS AS HEREINAFTER DESCRIBED FOR SALAR/ES AND WAGES PAID ON May 10, 2002 WHEREAS, the Director of Administrative Services, or their designated representative has certified to the accuracy of the following claims and demands and to the availability of funds for payment hereof; and WHEREAS, the said claims and demands have been audited as required by law; NOW; THEREFORE, BE IT RESOLVED that the City Council hereby allows the following claims and demands in the amounts and from the funds set forth: GROSS PAYROLL Less Employee Deductions $407,018.76 $(127,475.55) NET PAYROLL Payroll check numbers issued 59977 through 60203 Void check number(s) Director of Administrative Services PASSED AND ADOPTED m a regular meeting of the City Council of the City of Cupertino this 20th day of Ma>, ,2002, by the following vote: Vote Members of the City Council AYES: NOES: ABSENT: ABSTAIN: ATTEST: APPROVED: City Clerk Mayor, City of Cupertino CITY OF CUPE INO City I lall 10300 Torre Avenue Cupertino, Calil'ornia 95014 Phone (408) 777-3312 Fax [408~ 777-3366 OFFICE OF TI4E CITY MANAGI':R. SUMMARY AGENDA ITEM NUMBER q Application for Alcoholic Beverage License. AGENDA DATE 1. Name of Business: Location: Type of Business: Type of License: Reason for Application: R F, COMMFNB A TIONT Olam Thai Cuisine 19672 Stevens Creek Boulevard Restaurant On-Sale General for Bona Fide Public Eating Place New application There are no use permit restrictions or zoning restrictions which would prohibit this use, and staff has no objection to the issuance of the license. Prepared by: Submitted by: David Knapp, City Manager ,--~ G :planning/misc/abcolarnthai Printed on Recycled Paper Department of Alcoholic Beverage Control :~ APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE(S) ABC 211 (6/99) - : : ~ State of California TO: Department of Alcoholic Beverage Control 100 Paseo de San Antonio Room 119 San Jose, CA 95113 (408)277-1200 DISTRICT SERVING LOCATION: First Owner: Name of Business: Location of Business: County: Is premise inside city limits? Mailing Address: (If different from premises address) Type of license(s): 41 Transferor's license/name: File Number: 387982 Receipt Number: 1:371665 Geographical Code: 4303 Copies Mailed Date: May 2, 2002 Issued Date: SAN JOSE RACHOGAN LAWAN OLARN THAI CUISINE 19672 STEVENS CREEK BLVD CUPERTINO, CA 95014 SANTA CLARA Yes Census Tract 5080.01 / Dropping Partner: Yes No __ License Type Transaction Type Fee Type 41 ON-SALE BEER AND ORIGINAL FEES NA 41 ON-SALE BEER AND ANNUALFEE NA 41 ON-SALE BEER AND STATE FINGERPRINTS NA Master Dup Date Fee 0 05/02102 $300.00 0 05102102 $248.00 2 05~02~02 $78.00 Y Total $626.00 Have you ever been convicted of a felony? No Have ,you ever violated any provisions of the Alcoholic Beverage Control Act, or regulations of the Department pertaining to the Act? No Explain any "Yes" answer to thc above questions on an attachment which shall be d~med part of this application. Applicant agrees (a) that any manager employed in an on-sale licensed premise will have all the qualifications of a licensee, and (b) that he will not violate or cause or permit to be violated any of the provisions of the Alcoholic Beverage Control Act. . :. STATE OF CALIFORNIA County of SANTA CLARA . "' Date: May 2, 2002 Under penalty of perjury, each person whose signature appears below, certifies and says: (I) 1~ is an applicant, or one of the applicants, or an executive officer of the applicant corporation, named in the foregoing application, duly antho~ized to make this application on ils behalf; (2) that he has read the foregoing and knows thc contents thereof and that each of the above ~t~me..~ls therein made ale true; ('I) that no person other than the applicant or applicants has any direct or indirect interest in the applicant or applicant's business to be conducted under the license(s) for which this application is made; (4) that the transfer application or proposed transfer ia ~ot made to satisfy the payment of -,loan or to-fulfill an agreement entered into more than ninety (90) days preceding the day ou which the tl'a~for application is filed with the Department or to gain or establish a preference to or for any creditor or transferor or to defraud or injure any og~ditor of uanaferor; (5) that the transfer application may the Del~artme~. x ' ' be withdrawn bYName(s)either the applicant or the licensee with no resulting liability to... '~-~ ..... ~:"~"pplicant~(A Signature(s) Applicant ... :r ::i"i~'.~., ., , .,._.:.. ,.. g>-.,- /-/ /~ ,....-- - '_ 2.~,' ...' DRAFT RESOLUTION NO. 02-086 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO APPROVING DESTRUCTION OF CERTAIN RECORDS (CITY CLERK, COMMUNITY DEVELOPMENT, FINANCE, AND EMERGENCY PREPAREDNESS) WHEREAS, the City Council did by adoption of Resolution Nos. 8894 and 02- 037 establish roles and regulations for records retention and destruction; and WHEREAS, it has been determined that certain records in excess of two years old no longer contain data of any historical or administrative significance; and WHEREAS, the departmental request for permission to destroy all said records in excess of two years old has been approved by the City Clerk and the City Attorney pursuant to Resolution Nos. 8894 and 02-037; NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Cupertino authorizes destruction of the records specified in the schedule attached hereto. PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this 20th day of May 2002, by the following vote: Vote Members of the City Council AYES: NOES: ABSENT: ABSTAIN: ATTEST: APPROVED: City Clerk Mayor, City of Cupertino CITY OF City Hall 10300 Torre Avenue Cupertino, CA 95014-~"q5 Telephone: (408) 777 , FAX: (408) 777-3ao6 OFFICE OF TIlE CITY CLERK MEMORANDUM To: From: Subject: Date: Dave Knapp, City Manager; Carol Atwood, Director of Administrative Services; Therese Smith, Director of Parks and Recreation; Steve Piasecki, Director of Community Development; Ralph Qualls, Director of Public Works; Sandy Abe, HR Manager; Charles Kilian, City Attorney; Kimberly Smith, City Clerk. Grace Johnson, Deputy City Clerk RECORDS FOR DESTRUCTION April 30, 2002 Listed on the attached sheets are records, which are in excess of two years old and can therefore be destroyed in accordance with the City's records retention schedule. Please review the list and contact me if you believe any of these files are of historical or administrative significance and should not be destroyed. If approved, a resolution authoriziv destruction will be on the council agenda for May 20. City Clerk ~7~ Date City Attorney NO OBJECTION TO DESTRUCTION: Ct~ M~~ r~~.~~__~ /1/'Date · E Dir. of Commumty Dev. Date ~4/R Manager Date Encls: City Clerk, Community Development, Finance, Emergency Prep. Printed on Recycled Paper RECORDS INVENTORY FOR MICROFILMING OR DESTRUCTION Department: City Clerk Contact: Kimberly Smith or Grace Johnson Page: I- of ,,'L _ File Name: May 20 (City Clerk, Community Development, Finance, & Emergency Prep) No. (to be used File Name, Project name File Number, Resolution, Subject, Application, Address or Location Date ranges Enter for microfiche or Developer Ordinance, Application Permit (if any) (or most M = to be microfilmed card #) Number recent date) D = to be destroyed REQUIRED City Council Al~endas 152 1996 D Campaign Disclosures 300 1996 D Not elected Statement of Economic 353 1996 D Interest - Designated Employees Monthly Treasurer's 120.1 1995-1996 D Report Certificates of Wilson Park Project July 1, D Participation (Bonds) and Open Space 1989 and Acquisition Project April 1, Both Refinanced 1991 City Council Repons 1996-1999 D Certificates of Fee 1994-1998 D Exemption CMA Invoices and File #1-6 CMA = Carl Mileff& 1989 D Payments Associates (plan checks) CMA Apple 1993 D Overdue Plancheck 1992 D Report Transmittal Receipt 1993 D Copies CMA Invoices/Billing 1993 D Memos Plan Check Pick-up 1998 D Log No. (to be used for microfiche card #) RECORDS INVENTORY FOe, MICROFILMING OR DESTRUCTION Department: City Clerk Contact: Kimberly Smith or Grace Johnson Page: ~- of .2. - File Name: May 20 (City Clerk, Community Development, Finance, & Emerger cy Prep) File Name, Project name File Number, Resolution, Subject, Application, Address or Location Date ranges or Developer Ordinance, Application Permit (if any) (or most Number recent date) Enter M = to be microfilmed D = to be destroyed REQUIRED Federal Emergency Associated with the 1989-1992 D Management Agency Loma Prieta Damage Survey earthquake on Reports, purchase 10/17/89 orders, and correspondence Miscellaneous paid Associated with 1989-1991 D invoices Loma Prieta earthquake on 10/17/89 Miscellaneous C Accounts Payable FY 1990- D 91 Kern, Vivian Vendor #42459 FY 1993- D 94 California Water Vendor # 18500 FY 1991- D Service 92 Golden Bay Const. Inc. Vendor # 36290 FY 1991- D 92 Guardian Security Vendor #31025 FY 1991- D Systems 92 Bridge Radio Service Vendor # 14576 FY 1991- D 92 Blaine Tech Service Inc Vendor # 13072 FY 1991- D 92 Fornalski Company, Vendor # 33411 FY 199 I- D The 92 Great Western Vendor # 37505 FY 1991- D Chemical 92 Miscellaneous AP FY 1991 D RESOLUTION NO. 02-087 DRAFT A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO DECLARING BRUSH AND WEEDS GROWING ON CERTAIN DESCRIBED PROPERTY TO BE A PUBLIC NUISANCE AND SETTING HEARING FOR OBJECTIONS TO PROPOSED REMOVAL WHEREAS, weeds and brush are growing in the City of Cupertino upon certain streets, sidewalks, highways, roads and private property; and WHEREAS, said weeds and brush may attain such growth as to become a fire menace or which are otherwise noxious or dangerous; and WHEREAS, said weeds and brush constitute a public nuisance; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Cupertino as follows: 1. That said weeds and brush do now constitute a public nuisance; That said nuisance exists upon all of the streets, sidewalks, highways, roads and private property more particularly described by common names or by reference to the tract, block, lot, code area, and parcel number on the report to be provided by the Fire Marshal; That the 174 day of June, 2002, at the hour of 6:45 p.m., or as soon thereafter as the matter can be heard, at the Council Chambers in the City Hall, City of Cupertino, are hereby set as the time and place where all property owners having any objections to the proposed removal of such weeds and brush may be heard; That the Senior Building Inspector-Fire Marshal is hereby designated and ordered as the person to cause notice of the adoption of this resolution to be given in the manner and form provided in Sections 9.08.040 of the Cupertino Municipal Code. PASSED AND ADOPTED at a regular meeting of the city Council of the City of Cupertino this 20th day of May, 2002, by the following vote: Vote Members of the Cit3, Council AYES: NOES: ABSENT: ABSTAIN: ATTEST: APPROVED: City Clerk Mayor of Cupertino RESOLUTION NO. 02-088 DRAFT A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO MAKING DETERMINATIONS AND APPROVING THE REORGANIZATION OF TERRITORY DESIGNATED "ORANGE AVENUE 02-01", PROPERTY LOCATED ON THE WEST SIDE OF ORANGE AVENUE BETWEEN GRANADA AVENUE AND HERMOSA AVENUE; APPROXIMATELY 0.219 ACRE, LUKZADEH, JAVANMARD, AND ASGARI (APN 357-16-029) WHEREAS, a petition for the annexation of certain territory to the City of Cupertino in the County of Santa Clara consisting of 0.219+ acre on the west side of Orange Avenue (APN 357-16-029) has been filed by property owners Lukzadeh, Javanmard and Asgari; and WHEREAS, on March 18, 2002, the City Council adopted Resolution No. 02-045 initiating proceedings for annexation of the area designated "Orange Avenue 02-01"; and WHEREAS, said territory is uninhabited and all owners of land included in the proposal consent to this annexation; and WHEREAS, Section 56757 of the California Government Code states that the Local Agency Formation Commission shall not have any authority to review an annexation to any City in Santa Clara County of unincorporated territory which is within the urban service area of the city of the annexation if initiated by resolution of the legislative body and therefore the City Council of the City of Cupertino is now the conducting authority for said annexation; and WHEREAS, Government Code Section 56837 provides that if a petition for annexation is signed by all owners of land within the affected territory the City Council may approve or disapprove the annexation without public hearing; and WHEREAS, evidence was presented to the City Council; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Cupertino as follows: That it is the conducting authority pursuant to Section 56757 of the Government Code for the annexation of property designated "Orange Avenue 02-01", more particularly described in Exhibit "A"; 2. That the following findings are made by the City Council of the City of Cupertino: That said territory is uninhabited and comprises approximately 0.219 acre. Resolution No. 02-088 Page 2 o Co go That the annexation is consistent with the orderly annexation of territory with the City's urban service area and is consistent with the City policy of annexing when providing City services. The City Council has completed an initial study and has found that the annexation of said territory has no significant impact on the environment, and previously approved the granting of a Negative Declaration. The City Council on May 21, 1984, enacted an ordinance prezoning the subject territory to City of Cupertino Pre R1-7.5 zone. Annexation to the City of Cupertino will affect no changes in special districts. That the territory is within the city urban service area as adopted by the Local Agency Formation Commission. That the annexation is made subject to no terms and conditions. That the County Surveyor has determined the boundaries of the proposed annexation to be definite and certain, and in compliance with the Commission's road annexation policies. The City shall reimburse the County for actual costs incurred by the County Surveyor in making this determination. That the proposed annexation does not create islands or areas in which it would be difficult to provide municipal services. j. That the proposed annexation does not split line of assessment of ownership. mo That the proposed annexation is consistent with the City's General Plan. That the City has complied with all conditions imposed by the commission for inclusion of the territory in the City's urban service area. That the territory to be annexed is contiguous to existing City limits under provisions of the Government Code. That said annexation is hereby ordered without election pursuant to Section 56837 et seq. of the Government Code. That the Clerk of the City Council of the City of Cupertino is directed to give notice of said annexation as prescribed by law. Resolution No. 02-088 Page 3 BE IT FURTHER RESOLVED that upon completion of these reorganization proceedings the territory annexed will be detached from the Santa Clara County Lighting Service District. PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this 20th day of May, 2002, by the following vote: Vote Members of the Cit7 Council AYES: NOES: ABSENT: ABSTAIN: ATTEST: APPROVED: City Clerk Mayor, City of Cupertino County of Santa Clara Environmental Resources Agency Building Inspection/Land Development Engineering and Surveying County Govemment Center, East Wing 70 West Hedding Street, 7th Floor San Jose, California 95110 Bldg. Inspec. (408) 299-5700 Land Devel. 299-5730 FAX 279-8537 www. sccbuilding.org February 27, 2002 Klm Smith, City Clerk City, of Cupertino 10300 Torre Avenue Cupertino, CA 95014-3255 The attached description dated January 25, 2002 and map dated January 24, 2002 of territory proposed for annexation to the City of Cupertino entitled ORANGE AVENUE 02-01 is in accordance with Government Code Section 56757 (b) (2). The boundaries of said territory are definite and certain. The proposal is in compliance with the Local Agency Formation Commission's road annexation policies. Martin D. Marcott County,. Surveyor Attachment cc: LAFCO Executive Director (w/attachment) Board of Supervisors: Donald E Gage. Blanca ^lvarado, Pete McHugh, James T Beall. Jr.. Liz Kniss County Executive: Richard Wittenberg EXHIBIT "A' ANNEXATION TO THE CITY OF CUPERTINO ENTITLED ORANGE AVE. 02-01 DATE: JANUARY~ 2002 All that real property situate in. the County of Santa Clara, State of California described as follows: Beginning at the northwesterly comer of Section 43, as shown on that certain Map entitled, "Map of Subdivision "A" Monta 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; said point being the northeasterly comer of that certain annexation to the City of Cupertino entitled, "Granada 95-05" and being on the southerly line of that certain annexation to the City of Cupertino entitled, "Mikul 75-3"; thence along the northerly line of said Section 43 and said southerly line of annexation "Mikul 75-3" East 105.15 feet to the southeasterly comer of said annexation "Mikul 75-3" and a point on the westerly line of that certain annexation to the City of Cupertino entitled, "Orange 68-4"; thence along the said westerly line of annexation "Orange 68-4" and the westerly line of that certain annexation to the City of Cupertino entitled, "Hermosa 71-2" South 90.82 feet; thence leaving said line West 105.15 feet to the southeast comer of said annexation "Granada 95-05"; thence along the easterly line of said annexation "Granada 95-05" North 90.82 feet to the POINT OF BEGINNING. Said parcel of land containing 9,550 square feet or 0.219 acres, more or less. Prepared by: Marvin D. Kirkeby R.C.E. No. 14001 Expires 3/31/2005 "~ ~ ~,t ~ \~ COLLEGE SIT'E"'",~ ~ ~ PROPOSED ANNEXATION B01JNDA~Ry. ~ NO SCALE ,' j --~ ,,'£XIST/NG ANIVEXATION ~'-<': .... J PO.B----., °, 1t41KIJL75-,5 '-,, ' EAST GRANADA 95'05 KIRKEBY ENGINEERING 3249 STEVENS CREEK BLYD, SUITE 10~1 SAN JOSE, CA 95117 (408) 984-0331 ......... £X IS TIIv6 ORANGE SECTION '4 B .,, ANNE%A- MAP OF 5UBDIVI51 '... MONTE VI STA A.RN. ~51-t6-0~"'.',"'.,.,',,,? 'TOTAL ANNE×ATIO AREA =9~ 5 50 SQ, '-,-,,, ~ o. 8~9~ ACRES'?' ~ ~ G R A N A DA EAST ~05.~5' ' ---~t ~ A V EN U E .... ii ~ ~',i .... ,"~ . EXHIBIT "B" J PLAT TO ACCOMPANY gESCRIPTIONJ SCALE: l':4~ ' ! O~ANGE A~ENUE 0~-0t J -- RESOLUTION NO. 02-089 DRAFT A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO APPROVING THE FINAL MAP OF TRACT NO. 9405, CAMPO DE LOZANO, LOCATED ON DEPALMA LANE; DEVELOPER, DEPALMA LANE L.P., A CALIFORNIA LIMITED PARTNERSHIP, AND AUTHORIZING SIGNING OF FINAL MAP WHEREAS, there has been presented to the City Council for approval and for authorization to record final map of Tract No. 9405, Campo De Lozano, located on DePalma Lane, showing certain avenues, drives, places, and roads by DePalma Lane L.P., a California Limited Partnership; and WHEREAS, said map has been approved by the City Attorney; NOW, THEREFORE, BE IT RESOLVED THAT a. Said final map of Tract No. 9405 is hereby approved. b. The offer of dedication for roadway and for easements is hereby accepted. c. The City Engineer and the City Clerk are hereby authorized to sign said final map. PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this 20th day of May, 2002, by the following vote: Vote AYES: NOES: ABSENT: ABSTAIN: Members of the Ci[y Council ATTEST: APPROVED: City Clerk Mayor, City of Cupertino RESOLUTION NO. 02-090 DRAFT A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO APPROVING THE FINAL MAP OF TRACT NO. 9410, LOCATED ON IMPERIAL AVENUE; DEVELOPER TAYLOR WOODROW HOMES, INC. A CALIFORNIA CORPORATION; ACCEPTING CERTAIN EASEMENTS; AUTHORIZING SIGNING OF FINAL MAP AND EXECUTION OF AGREEMENT WHEREAS, there has been presented to the City Council for approval and for authorization to record final map of Tract No. 9410, located on Imperial Avenue, showing certain avenues, drives, places, and'roads by Taylor Woodrow Homes, Inc. a California Corporation; and WHEREAS, there has been presented to the City Council a proposed agreement for the construction of streets, curbs, and gutters and for other improvements, and good and sufficient bonds, fees, and deposits as set forth in Exhibit "A" having been presented for the faithfial performance of said work and the carrying out of said agreement; and said map, agreement, and bonds having been approved by the City Attorney; NOW, THEREFORE, BE IT RESOLVED THAT a. Said final map of Tract No. 9410, be and the same is hereby approved. b. The offer of dedication for roadway and for easements is hereby accepted. c. The City Engineer and the City Clerk are hereby authorized to sign said final map. do The Mayor and the City Clerk are hereby authorized to execute the agreement herein referred to. PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this 20th day of May, 2002, by the following vote: Vote Members of the City Council AYES: NOES: ABSENT: ABSTAIN: ATTEST: APPROVED: City Clerk Mayor, City of Cupertino Resolution No. 02-090 Page 2 EXHIBIT "A" SCHEDULE OF BOND, FEES, AND DEPOSITS DEVELOPMENT: Taylor Woodrow Homes, Inc. a California Corporation Tract No. 9410 LOCATION: Imperial Avenue A. Faithfifl Performance Bond: Off-site: $126,888.00 On-site: $ 953,187.00 ONE HUNDRED TWENTY-SIX THOUSAND EIGHT HUNDRED EIGHTY-EIGHT AND 00/100 DOLLARS NINE HUNDRED FIFTY-THREE THOUSAND ONE HUNDRED EIGHTY-SEVEN AND 00/100 DOLLARS B. Labor and Material Bond: $126,888.00 On-site: $ 953,187.00 ONE HUNDRED TWENTY-SIX THOUSAND EIGHT HUNDRED EIGHTY-EIGHT AND 00/100 DOLLARS NINE HUNDRED FIFTY-THREE THOUSAND ONE HUNDRED EIGHTY-SEVEN AND 00/100 DOLLARS C. Checking and Inspection Fees: $ 53,544.00 FIFTY-THREE THOUSAND FIVE HUNDRED FORTY-FOUR AND 00/100 DOLLARS D. Indirect City Expenses: E. Development Maintenance Deposit: THREE THOUSAND AND 00/100 DOLLARS F. Storm Drainage Fee: N/A $ 3,000.00 $ 7,762.90 SEVEN THOUSAND SEVEN HUNDRED SIXTY-TWO AND 90/100 DOLLARS G. One Year Power Cost: TWO HUNDRED AND 00/100 DOLLARS H. Street Trees: I. Map Checking Fee: $ 200.00 By Developer $ 1,183.00 ONE THOUSAND ONE HUNDRED EIGHTY-THREE AND 00/100 DOLLARS J. Park Fee: $ 388,800.00 THREE HUNDRED EIGHTY-EIGHT THOUSAND EIGHT HUNDRED AND 00/100 DOLLARS K. N/A L. 'As specified in Item 23 of agreement Water Main Reimbursement: Maps and/or Improvement Plans: TRACT AGREEMENT TRACT No. 9410 Astoria Imperial Avenue This AGREEMENT, made and entered into this ~ day of ,2002 , by and between the CITY OF CUPERTINO, a municipal corporation of the State of Califomia, hereinafter designated as CITY, and Taylor Woodrow Homes, Inc., a California Corporation hereinafter designated as DEVELOPER. WITNESSETH WHEREAS, said DEVELOPER desire to subdivide certain land within the City of Cupertino in accordance with the map heretofore filed with the City Council of the City of Cupertino, marked and designated as TRACT No. 9410 Cupertino, California, hereinafter designated as the "Tract"; and WHEREAS, said map shows certain courts, drives and roads which are offered for dedication for public use; and WHEREAS, CITY hereby approves the improvement plans and specifications prepared for the Tract by Brian Kangas Foulk, a true copy of said improvement plans and specifications are on file in the Office of the City Engineer of Cupertino; and WHEREAS, the same are incorporated herein by reference, the same as though set out in full; NOW, THEREFORE, said improvement plans and specifications shall be hereinafter called the "Plans," and the work to be done under the Plans shall be called the "Work." Page I of 10 File No.: 52,286.01 WHEREAS, pursuant to the provisions of this AGREEMENT, the CITY hereby established the amounts of Bonds, Fees, and Deposits as set forth in the following schedule: SCHEDULE OF BONDS, FEES AND DEPOSITS STREET IMPROVEMENT CATEGORY: PART A. Faithful Performance Bond: Off-Site: $126,888 On-Site: $ 953,187 PART B. Labor and material Bond: Off-Site: $126,888 On-Site: $ 953,187 PART C. Checking and Inspection Fee: 110-4538 $53,544.00 PART D. Indirect City Expenses: N/A PART E. Development Maintenance Deposit: 110-2211 $3,000 PART F. Storm Drainage Fee: Basin #2 215-4072 $7,762.90 PART G. One Year Power Cost: 110-4537 $200 PART H. Street Trees: N/A PART I. Map Checking Fee: 110-4539 $ 1,183 PART J. Park Fee: Zone II 280-4082 $388,800 PART K. Water Main Reimbursement: N/A PART L. Maps and/or Improvement Plans: AS SPECIFIED IN ITEM #23 Page 2 of 10 File No.: 52,286.01 NOW, THEREFORE, IT IS I-tEREBY MUTUALLY AGREED by and between the parties hereto as follows, TO WIT: 1. INSTALLATION OF WORK It is further agreed that: A. The DEVELOPER shall install and complete the Work within one (1) year from the date of execution of this AGREEMENT, or such longer period as may be specifically authorized in writing by the City Engineer. In the event the DEVELOPER fail or refuse to complete the Work within the specified period of time, the CITY at its sole option, shall be authorized to complete the Work in whatever manner the CITY shall decide. In the event the CITY completes the Work, the CITY may recover any and all costs incurred thereby from the DEVELOPER or the DEVELOPER' surety or both. B. The DEVELOPER shall install and complete the Work in a good and workmanlike manner in accordance with the Plans as approved by the City Engineer of Cupertino. The Work shall be performed under the inspection and with the approval of the City Engineer. The Work shall be done in accordance with the existing ordinances and resolutions of the City of Cupertino, and in accordance with all plans, specifications, standards, sizes, lines and grades approved by the City Engineer. The Work shall be done in accordance with all State and County Statutes applicable thereto. The decision of the City Engineer shall be final as to whether any material or workmanship meets the standards, specifications, plans, sizes, lines and grades as set forth. C. The DEVELOPER shall install a five (5) foot pedestrian walkway on Parcel 1 and Parcel 3 in the Pedestrian Access Easement as shown on Tract Map #9410, Sheet #2 and Sheet #6 (Book 748, Pages 12-17). The DEVELOPER shall install and complete the Work in a good and workmanlike manner in accordance with the plans as approved by the City Engineer of Cupertino. D. It is further agreed that the Work shall be done in accordance with the most current Standard Specifications of the Department of Public Works, California Department of Transportation, State of California, and in accordance with the specifications of the Cupertino Sanitary District where applicable. Wherever the words "State" or "California Division of Highways" are mentioned in the State Specifications, it shall be considered as referring to the CITY of Cupertino; also wherever the "Director" or "Director of Public Works" is mentioned, it shall be considered as referring to the City Engineer. In case of conflict between the State Specifications and the specifications of the CITY and/or the Cupertino Sanitary District, the specifications of the CITY and/or the Cupertino Sanitary District shall take precedence over and be used in lieu of such conflicting portions. 2. EXCAVATION PERMIT It is further agreed that the DEVELOPER shall comply with Section Three of Ordinance No. 130 of the CITY by obtaining an excavation permit from the City Engineer before the File No.: 52,286.01 Page 3 of 10 commencement of any excavation in, on, or under the surface of any existing public street, lane, alley, sidewalk, or other public place. It is further agreed that the DEVELOPER shall notify the City Engineer of the exact date and time when the proposed excavation is to commence. 3. QUITCLAIM DEED It is further agreed that the DEVELOPER, when requested by the CITY, shall quitclaim all his rights and interests in, and shall grant to CITY authorization to extract water from the underground strata lying beneath said project and DEVELOPER agrees to execute a "Quitclaim Deed and Authorization" in favor of CITY, when presented to him for signature. 4. BONDS AND OTHER SECURITY A. Upon the execution of the AGREEMENT, the DEVELOPER shall file with the CITY a faithful performance bond to assure his full and faithful performance of this AGREEMENT. The penal sum of said faithful performance bond shall be the full cost of any payment to be made under this AGREEMENT, the value of any land agreed to be dedicated, and any improvements to be made under this AGREEMENT. In the event that improvements are to be made under this AGREEMENT, the DEVELOPER shall, in addition to said faithful performance, file with the CITY a labor and materials bond in a penal sum adequate to assure full payment of all labor and materials required to construct said improvements. The amount of said bonds shall be as designated by the City Engineer. Said bonds shall be executed by a surety company authorized to transact a surety business in the State of California and must be approved by the City Attorney as to form and by the City Engineer as to sufficiency. In the event that the DEVELOPER shall fail faithfully to perform the covenants and conditions of this AGREEMENT, or to make any payment, or any dedication of land, or any improvements herein required, the CITY shall call on the surety to perform this AGREEMENT or otherwise indemnify the CITY for the DEVELOPER' failure to so do. B. In lieu of a surety bond, the DEVELOPER may elect to secure this AGREEMENT by depositing with the CITY: o Cash; or, A cashier's check, or a certified check payable to the order of the City of C Cupertino or, A certificate of deposit, or instrument of credit meeting the requirements of Government Code Section 66499 (b) or (c). C. The amount of said cash, checks, certificate of deposit, or instrument of credit shall be as designated by the City Engineer, and shall be the equivalent to that which would have been required had the DEVELOPER furnished the CITY with a surety bond. In the event that the DEVELOPER shall fail faithfully to perform the covenants and conditions of this AGREEMENT, or to make any payment, or any dedication of land, or any improvements herein required, the CITY may apply the proceeds of said security thereto. D. No release of surety bond, cash deposit, check, or certificate of deposit, shall be made except upon approval of the City Council. File No.: 52,286.01 Page 4 of 10 1. Schedule for bond and insurance release for paper bonds are as follows: A. Release of 90 percent of the faithfifl performance bond upon acceptance by City Council Bo Release of the remaining 10 percent of the performance bond at one year from acceptance after all deficiencies have been corrected and in the absence of any claim against such bond. Co Release of the entire labor and material bond at six months from acceptance after all deficiencies have been corrected and in the absence of any claim against such bond. Liability insurance, provided by the developer to hold the City harmless in the event of liability arising from the project, to be retired at the end of one year if all deficiencies have been corrected and in the absence of any claim against such insurance.- Schedule for Bond and Insurance Release for Cash, CD, Set-Aside Letter are as Follows: Release of 45% of bond upon acceptance by City Council. Bo Release of additional 45% at six months from acceptance after all deficiencies have been corrected and in the absence of any claim against such bond. C° Release of remaining 10% at one year from date of acceptance after all deficiencies have been corrected and in the absence of any claim against such bond. Do Release of the liability insurance, provided by the developers or contractor to hold the City harmless in the event of liability arising from the subject project, at the end of one year if all deficiencies have been corrected and in the absence of any claims against such insurance. E. No interest shall be paid on any security deposited with the CITY. 5. CHECKING AND INSPECTION FEE It is further agreed that DEVELOPER shall pay any and all necessary direct expenses for inspection, checking, etc., incurred by CITY in connection with said Project, and that DEVELOPER shall have deposited with CITY, prior to execution of this AGREEMENT, the amount as set forth herein at Page 2 (Part C). Should construction cost vary materially from the estimate from which said sum is calculated, the City Engineer shall notify DEVELOPER of any additional sum due and owing as a result thereof. Page 5 of 10 File No.: 52,286.01 6. INDIRECT EXPENSES It is further agreed that DEVELOPER shall pay to CITY, prior to execution of this AGREEMENT, indirect expense allocable to processing these improvements, the amount as set forth herein at Page 2 (Part D). 7. MAP CHECKING FEE It is further agreed that the DEVELOPER shall deposit with City, prior to execution of this AGREEMENT, for office checking of final map and field checking of street monuments, in compliance with Section 4:1 of Ordinance No. 47 (Revised 12/04/6 l) of CITY, the amount as set forth herein at Page 2 (Part I). 8. DEVELOPMENT MAINTENANCE DEPOSIT It is further agreed that the DEVELOPER shall pay to the CITY, prior to execution of this AGREEMENT, the amount set forth herein at Page 2 (Part E) as a development maintenance deposit to insure proper dust control and cleaning during the construction period. The development maintenance deposit may be utilized for repairs of defects and imperfections arising out of or due to faulty workmanship and/or materials appearing in said work during the period until release of the improvement bonds by the CITY. Should the DEVELOPER complete the required repairs to the entire satisfaction of the CITY, the unused balance will be returned after the release of the improvement bonds. 9. STORM DRAINAGE FEE It is further agreed that the DEVELOPER shall deposit with the CITY, prior to execution of the AGREEMENT, a storm drainage charge in connection with said Project in accordance with the requirements established in Resolution 4422, March 21, 1977, in the amount as set forth herein at Page 2 (Part F). 10. ONE YEAR POWER COST It is further agreed that the DEVELOPER shall pay to CITY prior to execution of the AGREEMENT, the amount as set forth herein at Page 2 (Part G), which amount represents the power cost for street lights for one year. 11. THE INSTALLATION OF STREET TREES It is further agreed that the DEVELOPER shall, at such time as deemed appropriate by the City Engineer, plant street trees in conformance with the standards of the City of Cupertino. Variety of tree shall be selected from the City approved list. Page 6 of 10 File No.: 52,286.01 12. PARK FEES It is further agreed that the DEVELOPER shall pay such fees and/or dedicate such land to the CITY, prior to execution, as is required within "Park Dedication Ordinance" Number 602, 1972, and which is further stipulated under Part J, Page 2 herein. Fees are also in accordance with action adopted by the City Council on March 19, 1991, and Section 18-1.602 of the Cupertino Municipal Code. 13. MAINTENANCE OF WORK It is further agreed that the DEVELOPER shall maintain the Work: A. For a period of one (1) year after acceptance of the Work by the City Council of the City of Cupertino, or B. Until all deficiencies in the Work are corrected to conform to the Plans and the CITY standards and specifications for the Work, whichever is the later to occur. The DEVELOPER shall, upon written notice thereof, immediately repair or replace, without cost or obligation to the City of Cupertino, and to the entire satisfaction of said CITY, all defects and imperfections arising out of or due to faulty workmanship and/or materials appearing in said Work. 14. SANITARY DISTRICT It is further agreed that the DEVELOPER shall file with CITY, upon execution of this AGREEMENT, a letter from the Cupertino Sanitary District stating that the DEVELOPER has entered into a separate AGREEMENT with the said District to install sanitary sewers to serve all lots within said Project and stating that a bond to insure full and faithful performance of the construction of the said sanitary sewers and to insure maintenance of said sanitary sewer in conformance with the provisions as set forth in Paragraph 13 above has been filed. 15. BUSINESS AND PROFESSIONS CODE It is further agreed that DEVELOPER shall file with CITY, upon execution of this AGREEMENT, substantial evidence that all provisions of Section 11603, Article 8, Chapter 4 of the Business and Professions Code, pertaining to special assessments or bonds, have been complied with. 16. CENTRAL FIRE DISTRICT It is further agreed that the DEVELOPER shall file with the CITY, upon execution of the AGREEMENT, a letter from the Central Fire Protection District of Santa Clara County, stating that the DEVELOPER have entered into an AGREEMENT with said District to install fire hydrants to serve said Project and stating that all necessary fees have been deposited with said District to insure installation and five (5) year rental fee of said hydrants. 17. STREET LIGHTING - P.G.and E. RATE SCHEDULE SHALL APPLY It is further agreed that the DEVELOPER shall apply for the installation of electric power for street lighting at the earliest date possible. Page 7 of 10 File No.: 52,286.01 18. PACIFIC GAS AND ELECTRIC/PACIFIC BELL It is further agreed that the DEVELOPER shall pay to Pacific Gas and Electric Company and/or to PACIFIC BELL any and all fees required for installation of overhead and/or underground wiring circuits to all electroliers within said property and any and all fees required for undergrounding as provided in Ordinance No. 331 of CITY when DEVELOPER are notified by either the City Engineer or the Pacific Gas and Electric Company and/or PACIFIC BELL that said fees are due and payable. 19. EASEMENTS AND RIGHT RIGHT-OF-WAY It is further agreed that any easement and right-of-way necessary for completion of the Project shall be acquired by the DEVELOPER at their own cost and expense. It is provided, however, that in the event eminent domain proceedings are required by the CITY for the purpose of securing said easement and right-of-way, that the DEVELOPER shall deposit with CITY a sum covering the reasonable market value of the land proposed to be taken and to be included in said sum shall be a reasonable allowance for severance damages, if any. It is further provided that in addition thereto, such sums as may be required for legal fees and costs, engineering, and other incidental costs in such reasonable amounts as the CITY may require shall be deposited with the City of Cupertino. 20. HOLD HARMLESS It is further agreed that, commencing with the performance of the Work by the DEVELOPER or their contractor and continuing until the completion of the maintenance of the Work as provided in Paragraph 13 above, the DEVELOPER shall indemnify, hold harmless and defend the City from and against any or all loss, cost, expense, damage or liability, or claim thereof, occasioned by or in any way whatsoever arising out of the performance or nonperformance of the Work or the negligence or willful misconduct of the DEVELOPER or the DEVELOPER' agents, employees and independent contractors. 21. INSURANCE It is further agreed that: The DEVELOPER shall take out, or shall require any contractor engaged to perform the Work to take out, and maintain at all times during the performance and maintenance of the Work called for or required to be done hereunder, a policy of insurance naming the CITY and members of the City Council of the City of Cupertino, individually and collectively, and the officers, agents and employees of the City individually and collectively, as insured. Said separate policy shall provide bodily injury and property damage coverage to the foregoing named CITY and individuals covering all the Work performed by, for, or on behalf of said DEVELOPER. Both. bodily injury and property damage insurance must be on an occurrence basis; and said policy or policies shall provide that the coverage afforded thereby shall be primary coverage to the full limit of liability stated in the declarations, and if the City, its members of the City Council individually and collectively, and the officers, agents, and employees of the CITY, individually and collectively, have other insurance against the loss covered by said policy or policies, that other insurance shall not be called upon to cover a loss under said additional policy.. File No.: 52,286.01 Page 8 of 10 "l-tO A. Each of said policies of insurance shall provide coverage in the following minimum amounts: For bodily injury, $100,000 each person; $300,000 each occurrence, property damage, $50,000 on account of any one occurrence with an aggregate limit of not less than $200,000. B. The DEVELOPER shall file with the City Engineer at or prior to the time of execution of this AGREEMENT by the DEVELOPER such evidence of said foregoing policy or policies of insurance as shall be satisfactory to said City Engineer. Each such policy or policies shall bear an endorsement precluding the cancellation or reduction in coverage without giving the City Engineer at least ten (10) days advance notice thereof. C. In the event that the project covered herein should be mutually situated in or affect the area of jurisdiction of a separate municipality or political subdivision of the State of California, the policies of insurance required herein and above shall co-name such municipality or political subdivision and the provision set equally apply to municipality and political subdivision. 22. WATER MAIN EXTENSION DEPOSIT The DEVELOPER further agrees to deposit with the CITY those monies required to comply with "Policy on Water Main Extensions Work and Deposits: dated September 9, 1977. The deposit shall be held by the CITY until said monies are needed to implement improvements outlined by the Director of Public Works or improvements outlined within an adopted Water Master Plan. The amount shown herein at PART K, Page 2 shall be the full amount due. 23. MAP AND/OR IMPROVEMENT PLANS It is further agreed that the CITY shall obtain the following map and/or plans at the DEVELOPER' expense: A. A 4 mil mylar and twelve (12) prints of fully executed tract map. B. A 4 mil mylar and twelve (12) prints of fully executed improvement plans. C. A scan in CAD format of all executed improvement plans and map. The DEVELOPER agree to pay the CITY from the development maintenance deposit the cost for all prints of plans and map required under Item 23. 24. TERMS AND CONDITIONS It is further agreed that the above named terms and conditions for the said Tract shall bind the heirs, successors, administrators or assigns of the DEVELOPER. The assignment of this AGREEMENT shall not be made without approval by the City Council of said CITY. Page 9 of 10 File No.: 52,286.01 IN WITNESS WHEKEOF, CITY has caused its name to be hereunto affixed by its Mayor and City Clerk, thereunto duly authorized by resolution of the City Council and said DEVELOPER has hereunto caused his name to be affixed the day and year first above written. Approved as to form: CITY OF CUPERTINO: Mayor City Attorney City Clerk DEVELOPER: Taylor Woodrow Homes, Inc. Notary Acknowledgment Required Exhibit A Attached Page 10 of 10 File No.: 52,286.01 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT STATE OF CALIFORNIA C a ro DATE NAME, T~TLE OF OFHCER- E.G.., "JANE DOE, NOTARY PUBLIC" personally appeared, 6O ; l l i a m personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their, signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. ARY P~JBLIC SIGNATURE (SEAL) Comm. # 1284005 NOTAIt¥ PURLIC.CALIFORNIA Solano Counly ~Comm. Expnes Nov. 12 2004 OPTIONAL INFORMATION., TNIS OPTIONAL INI:ORMATION SECTION IS NOT REQUIRED BY LAW BUT MAY BE BENEFICIAL TO PERSONS RE.LYING ON Tills NOTARIZED DOCUMENT TITLE OR TYPE OF DOCUMENT. DATE OF DOCUMENT NUMBER OF PAGES SIGNER(S) OTHER THAN NAMED ABOVE SIGNER'S NAME ~GHT THIJMBPRg~T SIGNER'S NAME PJGHT THUMBPKINT RESOLUTION NO. 02-091 DRAFT A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO AUTHORIZING EXECUTION OF PUBLIC ACCESS MAINTENANCE AGREEMENT BETWEEN THE CITY AND ASTORIA HOMEOWNERS ASSOCIATION, A CALIFORNIA NONPROFIT MUTUAL BENEFIT CORPORATION, TRACT NO. 9410, LOCATED ON IMPERIAL AVENUE WHEREAS, there has been presented to the City Council a proposed Public Access Maintenance Agreement between the City of Cupertino and Astoria Homeowners Association, a California Nonprofit Mutual Benefit Corporation, to allocate the costs of maintenance, repair and replacement between the Association and City of the Public Plaza and related improvements, including landscaping, that is situated on real property owned by the City along Imperial Avenue in front of the Project as shown on Exhibit "A" and Exhibit "B"; and WHEREAS, said Public Access Maintenance Agreement establishes certain criteria and procedures for the accomplishment of said maintenance, repair, and replacement. NOW, THEREFORE, BE IT RESOLVED THAT the Mayor and the City Clerk are hereby authorized to sign the aforementioned agreement on behalf of the City of Cupertino. PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this 20th day of May, 2002, by the following vote: Vote Members of the City Council AYES: NOES: ABSENT: ABSTAIN: ATTEST: APPROVED: City Clerk Mayor, City of Cupertino -J RECORDED AT THE REQUEST OF and WHEN RECORDED RETURN TO: Taylor Woodrow Homes, Inc. 2300 Camino Ramon, Suite 100 San Ramon, CA 94583 SPACEABOVEFOR RECORDER'S USE ONLY PUBLIC PLAZA MAINTENANCE AGREEMENT THIS PUBLIC PLAZA MAINTENANCE AGREEMENT ("Agreement") is made and entered into this __ day of April, 2002, by the Astoria Homeowners Association, a Califomia nonprofit mutual benefit corporation (hereinafter referred to as the "Association"), and the City of Cupertino ("City"). RECITALS: This Agreement is made and entered into with reference to the following facts: A. Association is the successor-in-interest to Taylor Woodrow Homes, Inc., a California corporation ("Declarant"), the developer of the real property and improvements that comprise the Astoria project that is located within the City of Cupertino, County of Santa Clara, State of California ("Project"). B. As set forth herein, the provisions of this Agreement are intended to and shall run with the Project and be binding upon all owners, successors and assigns of the Project, or any portion thereof. C. The purpose of this Agreement is to allocate the costs of maintenance, repair and replacement between the Association and City of the Public Plaza and related improvements, including landscaping, that is situated on real property owned by City along Imperial Avenue in front of the Project, and to establish certain criteria and procedures for the accomplishment of said maintenance, repair and replacement. NOW, THEREFORE, the parties hereto agree as follows: 1. Covenants Running With the Land; Property Subiect to Agreement: All of the real property described in Exhibit "A" shall be subject to this Agreement. It is intended and determined that the provis, ions of this Agreement shall run with the land and shall be binding on all parties having or acquiring any fight, title or interest in the real property described in Exhibit "A" or any portion thereof and shall be for the benefit of each owner of any of said parcels or any portion of said property and shall inure to the benefit of and be binding upon each successor in interest of the owners thereof. Each and all of the limitations, easements, obligations, T0070039/242022-2 covenants, conditions, and restrictions contained herein shall be deemed to be, and shall be construed as equitable servitudes, enfbrceable by any of the owners of any of the property subject to this Agreement against any other Owner, tenant or occupant of the said property, or any portion thereof. 2. Responsibility for Cost of Repair, Replacement and Maintenance: The Association shall, at its sole cost and expense, maintain, repair, replace, and keep in good condition all improvements and landscaping located on the portion of the City's property that abuts and fronts the Project along Imperial Avenue, excepting therefrom the sidewalk abutting the property line of the Project which shall remain the maintenance responsibility of the City. Exhibit "B" shows the portion of the City's property for which the Association is responsible for maintenance hereunder. 3. Definitions of Repair, Replacement and Maintenance: The repair, replacement and maintenance to be undertaken and performed under this Agreement shall include all work necessary to maintain the Public Plaza in a good, useable condition under all weather conditions. Said Public Plaza shall be maintained to the standards, specifications and condition to which, at a minimum, they were originally constructed as evidenced by plans and specifications on file with the City of Cupertino and/or provided to the Owners by Declarant. 4. Decisions Regardine Performance of This Agreement: All decisions regarding the need for maintenance, the implementation thereof, and any particular other matters of the Public Plaza shall be determined by the Association. 5. Indemnity: Association shall defend, indemnify, and hold City harmless of and from any and all claims, liabilities, actions, causes of action, and damages for personal injury and property damage, including without limitation reasonable attorneys' fees, arbitration fees or costs and court costs, arising out of or related to the use and Association's maintenance of the Public Plaza described in paragraph no. 2 and delineated on Exhibit "B," except to the extent that such claims, liabilities, actions, causes of action, and damages arise out of or relate to City's negligence and/or intentional conduct or the negligence or intentional acts of any of City's employees, agents, representatives, contractors, vendors, or consultants. 6. Arbitration: In the event that any dispute or controversy arises between the Association and City with respect to this Agreement, the same shall, at the election of any party, be submitted to arbitration to and in accordance with the rules of the American Arbitration Association and shall be conducted at its office nearest to the Project. The cost of the arbitration and reasonable travel cost shall be borne by the parties in such proportion as the arbitrator shall decide. 7. Attorney's Fees: In the event that any party institutes legal action or arbitration against the other to interpret or enforce this Agreement, or to obtain damages for any alleged breach hereof, the prevailing party in such action or arbitration shall be entitled to reasonable attomeys' or arbitrators' fees in addition to all other recoverable costs, expenses and damages. T0070039F242022-2 -2- 8. Further Documents: The parties covenant and agree that they shall execute such further documents and instructions as shall be necessary to fully effectuate the temps and provisions of this Agreement. 9. Entire Agreement: This Agreement constitutes the entire agreement of the parties with respect to the subject matter contained herein and supersedes all prior agreements, whether written or oral. There are no representations, agreements, arrangements or undertakings, oral or written which are not fully expressed herein. 10. Severability: In the event any part or provision of this Agreement shall be determined to be invalid or unenforceable under the laws of the State of California, the · remaining portions of this Agreement which can be separated from the invalid, unenforceable provisions shall, nevertheless, continue in full force and effect. 11. No Waiver: The waiver of any covenant contained herein shall not be deemed to be a continuing waiver of the same or any other covenant contained herein. 12. Recordation: It is anticipated that this Agreement shall be recorded as an Exhibit to the Association's Declaration of Covenants, Conditions and Restrictions, and shall be executed and acknowledged in proper recordable form. 13. Amendment: This Agreement may be amended in whole or in part only by mutual written agreement. Any such amendment shall be recorded in Santa Clara County, California. In the event any conflict arises between the provisions of any such amendment and any of the provisions of any earlier document or documents, the most recently duly executed and recorded amendment shall be controlling. Executed the day and year first above written. ASTORIA HOMEOWNERS ASSOCIATION, a California nonprofit mutual benefit corporation By: Name: Title: CITY OF CUPERTINO By: Name: Title: APPROVED AS TO FORM: Attest: Date: City Clerk City Attorney ACKNOWLEDGEMENT State of California ) )'SS County of Santa Clara ) On ,2002, before me, , personally appeared , personally known to me or proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal. Notary Public [SEAL] T0070039/242022-2 EXHIBIT "A" All that certain real property situated in the City of Cupertino, County of Santa Clara, State of Califomia, described as follows: All that portion of land described as Adjusted Parcel One as shown in the Lot Line Adjustment, recorded September 11, 2001, Instrument Number 15862177, and as further described below. All that real property situated in the City of Cupertino, County of Santa Clara, State of California, being a portion of the lands described in that certain document recorded on October 14, 1975 in Book B662 at Page 46, in the Office of the Recorder of Santa Clara County and being more particularly described as follows: Beginning at the most northerly comer of the lands described in said deed; thence along the easterly line of said lands South 19° 06' 48" East, a distance of 836.31 feet; thence leaving said line North 89© 56' 46" West, a distance of 403.79 feet to the westerly line of the lands described in said deed; thence along said line the following three courses; 1) 2) 3) North 00° 00' 13" West, a distance of 560.05 feet, South 89© 56' 16" East, a distance of 130.03 feet, South 00© 00' 43" East, a distance of 229.92 feet to the Point of Beginning and containing an area of 4.15381 acres, more or less. T0070039/242022-2 -5- LOT 10 I I I COMMON AREA A PROPERTY LINE ORIA LOT~- 32 COMMON AREA D LOT 31 F- ~ ~ ~ AREA TO BE ~o MAINTAINED Q. BY ASSOCIATION o IMPERIAL AVENUE ENGINEERS I SURVk"~ORS I PLANNERS EXHIBIT B 540 Price Avenue Redwood City, CA 94063 650/4§2-6300 650/482-6399 (FAX) Subject Job No. By OJS ASTORIA - PUBLIC PLAZA MAINTENANCE AREA 20010273 Dote 04-08-02Chkd. MA SHEET 1 OF 1 RESOLUTION NO. 02-092 DRAFT A RESOLUTION OF TIlE cITY COUNCIL OF THE CITY OF CUPERTINO AUTHORIZING EXECUTION OF PEDESTRIAN PATH AND MAINTENANCE AGREEMENT AND NOTICE OF PERMISSION FOR PUBLIC USE UNDER CALIFORNIA CIVIL CODE SECTION 1009(D); DEVELOPER, RWC, LLC, 10120 I1VIPERIAL AVENUE WHEREAS, there has been presented to the City Council a proposed Pedestrian Path and Maintenance Agreemem and Notice of Permission for Public Use, between the City of Cupertino and RWC, LLC, for construction of a 5-foot wide pedestrian path over a portion of the Office Park Parcels as specified in said agreement; and WHEREAS, RWC, LLC agrees to grant to the City of Cupertino a non-exclusive easement as described in Exhibit A-1 of said agreement; and WHEREAS, public use of the easement area shall be terminable in accordance with the provisions stated in said agreement and under California Civil Code Section 1009(d); and WHEREAS, the City of Cupertino assumes the obligation to maintain, repair and replace, as necessary, each and all of the improvements comprising the path. NOW, THEREFORE, BE IT RESOLVED THAT the Mayor and the City Clerk are hereby authorized to sign the aforementioned agreement on behalf of the City of Cupertino. PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this 20th day of May, 2002, by the following vote: Vote Members of the CiW Council AYES: NOES: ABSENT: ABSTAIN: ATTEST: APPROVED: City Clerk Mayor, City of Cupertino RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: RWC, LLC c/o Greene Radovsky Maloney & Share Four Embarcadero Center, Suite 4000 San Francisco, California 94111-4106 Atto: Graham Maloney SPACE ABOVE THIS LINE FOR RECORDER'S USE PEDESTRIAN PATH EASEMENT AND 'MAINTENANCE AGREEMENT AND NOTICE OF PERMISSION FOR PUBLIC USE UNDER CALIFORNIA CIVIL CODE SECTION 1009(d) THIS PEDESTRIAN PATH EASEMENT AND MAINTENANCE AGREEMENT AND NOTICE OF PERMISSION FOR PUBLIC USE UNDER CALIFORNIA CIVIL CODE SECTION 1009(d) (this "Agreement") is made as of this ~ day of , 2002 ("Execution Date"), by and between RWC, LLC, a California limited liability company ("Property Owner"), and the CITY OF CUPERTINO, a California municipal corporation ("City"). RECITALS A. Property Owner is the owner of that certain real property commonly known as Results Way Corporate Park, located at One Results Way, Cupertino, California, and more particularly described in the attached Exhibit A incorporated herein by this reference (hereinafter, the "Office Park Parcels"). B. As a condition for approval of a use permit to transfer floor area ratio development credits from certain real property located immediately north of the Office Park Parcels and commonly known as 10120 Imperial Avenue, Cupertino, California (the "Residential Parcel"), which use permit was applied for pursuant to Application No. 4-U-01 submitted by Grosvenor California Limited on behalf of Property Owner (the "Application"), Property Owner has agreed to (i) construct a 5-foot wide pedestrian path (as more particularly described in Paragraph 1 below, the "Path") over a portion of the Office Park Parcels specified in the Application and (ii) grant to the City a public access easement respecting such Path. The purpose of the Path is to connect with a similar pedestrian path contemplated to be constructed across portions of the Residential Parcel and to provide pedestrian and non-motorized vehicular ingress and egress between the Residential Parcel to and from Bubb Road. 44189/1005 4/24102/LPS/215276.11 C. Property Owner desires to grant the foregoing easemerit and the City and Property Owner desire to agree upon the construction and maintenance responsibilities and other obligations respecting the Path, all in accordance with the terms of this Agreement. D. This Agreement constitutes the "Path Easement" as defined in Paragraph 6 of that certain First Amendment to Covenant between the City of Cupertino and Honeywell-Measurex Corporation and Honeywell-Measurex Systems, Inc. regarding One Results Way dated February 7, 2002, and recorded in the Official Records (as hereinafter defined) on February 14, 2002, as Document No. 16108521 (the "Amendment"), notwithstanding the reference in such Paragraph 6 of the Amendment that the Path Easement is of even date with the Amendment. NOW, THEREFORE, the parties agree for the consideration acknowledged by the execution of this Agreement as follows: 1. Path Construction. Property Owner agrees that it shall cause the Path to be constructed, at no cost or expense to the City, within the Easement Area, which Path shall be substantially completed on or before the date (the "Completion Deadline") that is the second (2"d) anniversary of the Execution Date. The Path shall consist of an asphalt concrete paved pathway and adjacent wrought iron fencing, the final plans and specifications for which improvements shall be subject to the prior written approval of both Property Owner and the City, in each party's reasonable discretion. 2. Grant of Easement. Effective upon the date (the "Effective Date") which is the earlier of the (x) date of substantial completion of the construction of the Path and (y) Completion Deadline, Property Owner hereby grants to the City a non-exclusive easement (the "Easement") over and across a portion of the Office Park Parcels (the "Easement Area") consisting of a strip of land five (5) feet in width running along the entire length of the eastern boundary of the Office Park Parcels and located adjacent to and immediately west of such boundary, which Easement Area is more particularly described in Exhibit A-1 attached hereto and incorporated herein by this reference and depicted on the plat attached hereto as Exhibit B and incorporated herein by this reference, for purposes of (i) pedestrian access by the general public within the Path across the Office Park Parcels to and from the Residential Parcel, to the north, and Bubb Road; to the south, and (ii) exemise of the City's maintenance obligations concerning the Path, as set forth in Paragraph 3 below, by the City's employees, agents and contractors. Upon the occurrence of the Effective Date, Property Owner and the City will execute and acknowledge a supplemental writing memorializing the Effective Date and cause same to be duly recorded in the Official Records of the County of Santa Clara ("Official Records"). If no such writing is recorded in the Official Records, then, unless this Agreement is amended or modified in accordance with Paragraph 10.2 below, the Effective Date shall be deemed to occur on the Completion Deadline. 3. Path Maintenance. From and after the Effective Date and through the Termination Date (as hereinafter defined), if any, the City shall assume the obligation to maintain, repair and replace, as necessary, each and all of the improvements comprising the Path, at the City's sole cost and expense, such that the Path is continuously maintained in good condition and repair. In connection with the foregoing obligations, the City shall comply with all lawful requirements of local, county, state and Federal authorities applicable to the operation and 44189/1005 2 4/24102/LPS/215276.11 maintenance of the Path. Without implying any obligation on the part of Property Owner to monitor the City's performance of its maintenance and repair obligations hereunder, if Property Owner reasonably determines that the Path is not being maintained in good condition and repair in accordance with the terms of this Agreement, then Property Owner may so notify the City in writing, stating with specificity the work to be performed. Upon receipt of any such notice, the City shall inspect the condition of the Path and determine a course of action. Notwithstanding the foregoing or any provision of this Agreement to the contrary, Property Owner, at its election and at Property Owner's sole cost, shall have the right, but not the obligation, to repair, maintain or replace improvements comprising the Path at any time. 4. Use of Easement Area; Grantor's Retained Rights. Public use of the Easement Area shall be limited to the use of the improvements comprising the Path installed within the Easement Area pursuant to this Agreement for purposes of pedestrian and non-motorized vehicular ingress and egress to and from the Residential Parcel. However, Property Owner's tenants, employees, owners, and their invitees shall have the right to use the entire Easement Area, including any surface portion not occupied by the Path and all underground portions thereof. Except as required by Paragraph 1 above or permitted in the last sentence of Paragraph 3 above, Property Owner shall not construct or install any structure or other above- ground improvements in the Easement Area during the term of this Agreement; provided, however, that Property Owner reserves the right to maintain and install within or across the Easement Area any underground utilities necessary to serve any buildings or other improvements located on the Office Park Parcels from time-to-time. Notwithstanding the foregoing, Property Owner shall exercise such reserved rights in such a manner so as not to materially adversely affect the use of the Path by the general public; provided, however, that the temporary closure of the Path as reasonably necessary for property Owner to effect any such installation of underground utilities shall be permitted hereunder. In the event any such installation or maintenance of underground utilities involves the disturbance of any portion of the Path improvements, Property Owner shall cause any such disturbed improvements to be restored, at no cost or expense to City, to substantially the same condition as existed prior to such disturbance. 5. Termination of Easement. Unless otherwise canceled or terminated as hereinafter provided, the Easement shall continue in perpetuity. Notwithstanding the foregoing, if at any time a pedestrian and/or non-motorized vehicular path for public use is developed along or across that certain real property owned on the date hereof by Southern Pacific Transportation Company and located immediately to the east of the Office Park Parcels (any, an "Alternative Path"), then, upon the provision of such right of way to the public (the "Alternative Easement"), either party may, at its sole option exercised by written notice to the other party, elect to terminate this Agreement and the Easement upon a date set forth in any such notice, which date (the "Termination Date") shall be after the completion of construction of the Alternative Path within the Alternative Easement and its availability to the public. Upon any such Termination Date, the Easement and this Agreement shall terminate and shall be of no further force and effect; provided, however, that the indemnification provisions of Paragraph 6 hereof shall survive such termination indefinitely with respect to any Claims (as hereinafter defined) based upon events occurring, or alleged to have occurred, in the Easement Area on or after the Effective Date and prior to the Termination Date. Upon any termination of this Agreement, the City shall, upon written request by Property Owner, promptly execute and record a quitclaim ,,~s9~1oo5 3 4/24102/LPS/215276.11 deed conveying to Property Owner all of the City's fight, title and interest in and to the Easement and the Easement Area. The obligation set forth in the preceding sentence shall survive the termination of this Agreement. 6. Indemnification. 6.1 By the Ci_ty. Except where caused by the sole negligence or willful misconduct of Property Owner, its employees, agents, or contractors, the City agrees to protect, defend, indemnifY, and hold harmless Property Owner, its members, officers and employees and its members' respective shareholders, officers, directors and employees (collectively, "Indemnified Parties") from and against any and all claims, lawsuits, and actions of every name, kind, and description (collectively, "Claims") brought for or on account of any personal injury or property damage occurring by reason of the use of the Easement granted herein, whether by the general public or any employee, agent, or contractor of the City, or by reason of anything installed, constructed or omitted to be done by the City in the Easement Area, and resulting from any work, authority, or jurisdiction delegated to the City under this Agreement, and any costs, expenses or liabilities incurred by any of the Indemnified Parties in connection therewith including, without limitation, reasonable attorneys' fees and costs. 6.2 By Property Owner. To the extent caused by the sole negligence or willful miscondt~ct of Property Owner, its employees, agents, or contractors, in connection with the exercise of any fight to use the Easement Area reserved by Property Owner under Paragraph 4 above, Property Owner agrees to protect, defend, indemnify, and hold harmless the City from and against any and all Claims brought for or on account of any personal injury or property damage occurring by reason of such exercise of a reserved right to use the Easement Area, or by reason of any latent defect in anything installed or constructed by Property Owner in the Easement Area in connection with such exercise of a reserved right to use the Easement Area (but specifically excluding any claims arising from the matters described in the last sentence of Paragraph 4), and any costs, expenses or liabilities incurred by the City in connection therewith including, without limitation, reasonable attorneys' fees and costs. Notwithstanding the foregoing, nothing in this Subparagraph 6.2 shall be construed to imply any indemnity obligation from Property Owner to the City respecting (i) the construction of the Path improvements in accordance with Paragraph 1 above or (ii) any failure by the City to maintain any portion of the Path improvements disturbed by Property Owner in connection with the exercise of any such reserved right to use the Easement Area, so long as Property Owner has restored such Path improvements as required by Paragraph 4. 7. Binding Effect on Successors and Assigns. All of the obligations of Property Owner under this Agreement shall constitute covenants running with the land which shall (i) be binding upon each Successor Owner (as hereinafter defined) during its ownership of any portion of the Office Park Parcels affected hereby and (ii) except for obligations which have then accrued, cease with respect to Property Owner and any such Successor Owner effective as of the date Property Owner or any such Successor Owner transfers its entire fee title interest in the Office Park Parcels. It is expressly agreed that the covenants of the City hereunder to do or refrain from doing something on the Office Park Parcels are for the benefit of the land and shall automatically, without further action by the City, inure to the benefit of the transferees, successors (whether derived through foreclosure or trustee's sale or otherwise) and assigns of 44189/1005 4 4/24/02/LPS/215276.11 Property Owner with respect to any portion of the Office Park Parcels (any, a "Successor Owner"). It is further agreed that the indemnity obligations of the City set forth in Paragraph 6 are for the benefit of, and enforceable by, Property Owner and any Successor Owner. 8. Mortgagee Protection. No breach of the covenants, conditions or restrictions in this Agreement shall defeat or render invalid the lien of any mortgage or deed of trust made in good faith for value upon any portion of the Office Park Parcels, but all of said covenants, conditions and restrictions shall be binding upon and effective against the person or entity whose title to the applicable portion of the Office Park Parcels is derived through foreclosure or trustee's sale or otherwise., 9. Not an Offer of Dedication; Notice under Civil Code Section 1009(d). Notwithstanding the use of the Path by the general public permitted hereby, nothing herein contained shall be deemed to be an offer of dedication by Property Owner of the Easement Area or of any other portion of the Office Park Parcels. The City acknowledges that it is the intent of Property Owner that (i) this Agreement shall be strictly limited to and for the purposes herein expressed and (ii) the public use of the Easement Area permitted hereunder shall be terminable in accordance with the provisions hereof. Property Owner further intends this Agreement to constitute notice, as contemplated by Section 1009(d) of the California Civil Code, of Property Owner's express permission for such public use until such time as the Termination Date may occur. The City agrees that, notwithstanding the City's maintenance obligations concerning the Path set forth herein and the provisions to the contrary set forth in Section 1009(d) of the California Civil Code, the City, on behalf of itself and every other City Party, hereby waives any right to claim, at any time, that the public use right granted in this Agreement has ripened into a vested right to continue such use. 10. General Provisions. 10.1 Inurement. The terms of this Agreement shall be binding upon and shall inure to the benefit of the successors in interest, heirs, beneficiaries, executors, administrators, and assigns of the respective parties. 10.2 Method of Amendment. The provisions of this Agreement may be modified or amended, in whole or in part, by a writing executed and acknowledged by the then owner(s) of the Office Park Parcels and by the City, and duly recorded in the Official Records. 10.3 Waiver. A waiver by one party of the performance of any covenant, condition, or promise of the other party shall not invalidate this Agreement, nor shall it be considered a waiver by such party of any other covenant, condition, or promise contained herein. The waiver of either or both parties of the time for performing any act shall not be construed as a waiver of any other act required to be performed at a later date. 10.4 Notices. All notices given pursuant to this Agreement shall be in writing and addressed as required by this Subparagraph. Any notice sent by registered or certified mail, return receipt requested, shall be deemed given on the date of delivery or first attempted delivery shown on the receipt card, or if no delivery date is shown on such receipt card, then the date of the postmark thereon. If sent by regular mail, the notice shall be deemed given upon actual 44189/1005 5 4/24/02/LPS/215276.11 delivery to the address specified herein. Notices delivered by the U.S. Express Mail or overnight courier that guarantees next business day delivery shall be deemed given on the next business day after delivery of the same to the U.S. Postal Service or such courier. If notice is received on a Saturday, Sunday, or legal holiday, or on a business day after 5:00 p.m., it shall be deemed received on the next business day. For purposes of notice, the addresses of the parties are as follows, which may be changed by 5 days' prior written notice: To Property Owner: RWC, LLC c/o Grosvenor California Limited 1 Embarcadero Center, Suite 3900 San Francisco, CA 94111 Attn: Asset Manager To the City: City of Cupertino 10300 Torre Avenue Cupertino, CA 95014 Attn: City Manager 10.5 Entire Agreement. This Agreement contains the entire agreement between the parties with regard to the matters contained herein and supersedes all prior written and/or oral representations and/or agreements. 10.6 .Construction. The parties acknowledge that each party and its counsel have reviewed and revised this Agreement and that the normal rule of construction to the effect that any ambiguities are to be resolved against the drafting party shall not be employed in the interpretation of this Agreement or any amendments or exhibits to this Agreement. If any portion of this Agreement is declared by a court of competent jurisdiction to be invalid or unenforceable, the remaining portion of this Agreement shall remain in effect. 10.7 Attomeys' Fees. If an action is filed by any of the parties hereto, to enforce and/or interpret the terms of this Agreement, the prevailing party shall be entitled to reasonable attorneys' fees and costs. 10.8 Governing Law. The parties hereto 'expressly agree that this Agreement shall be governed by, interpreted under, and construed and enforced in accordance with the laws of the State of California. 10.9 Headings. Any headings or captions used herein are inserted only as a matter of convenience and for reference only and in no way define, limit, or describe the scope of this Agreement nor the intent of any provisions thereof. [REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK.] 44189/1005 4/24/02/LPS/215276.11 6 10.10 Counterpart~_. This Agreement may be executed in one or more counterparts and all such counterparts together shall constitute one and the same instrument. IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date first above written. RWC, LLC, a California limited liability company By: Its: Grosvenor California Limited, a California corporation Manager~. By: / Name: ~---/d.~,/, V. Its: By: Name: Its: CITY OF CUPERTINO, a California municipal corporation ATTEST: By: Name: Its: , City Clerk Approved As to Form: , City Attome~: (/ 44189/1005 7 4/24/02/LPS/215276.11 [~-- ~ ~ STATE OF CALIFORNIA ) )ss county Notary Public in and for said~tate, personally appeared ~[O. xa Cha.~'~x~ , personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Signature (Seal) STATE OF CALIFORNIA ) ) SS COUNTY OF -Tt o ) On for~sa~dX~3~rtate, persona__~ly 2002, be fore....me, b~r: .s ~_t.,,~ [L~ , Notary Public in and appeared [,.) at/lc( tgl.~O0 , personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. ., WITNESS my hand and official seal. Signature ~0~ ~ (Seal) 44189/1005 4/24/02/LPS/215276.11 EXHIBIT A LEGAL DESCRIPTION FOR OFFICE PARK PARCELS That certain real property situated in the County of Santa Clara, State of California, and described as follows: PARCEL ONE Ail that portion of said land as described as Adjusted Parcel 3 as shown in the Lot Line Adjustment, recorded September Il, 2001, Instrument Number 15862177, and as further described below. All that real property situate in the City of Cupertino, County of Santa. Clara, State of California, being .all of Parcel 3, as said Parcel is shown on that certain map filed for record on April 12, 1979 in Book 439 of Maps at Pages 12 and 13 in the Office of the Recorder of Santa Clara County, and being a portion of the lands described in that certain document recorded October 14, 1975 in Book B662 at Page 46, in the Office of the Recorder of Santa Clara County and being more particularly described as follows: Beginning at the southwesterly corner of said parcel; thence along the westerly line of said parcel North 00" 01' 00" West, a distance' of 241.44 feet to the southwesterly corner of the lands described in said Book B662 at Page 46; thence along the westerly line of said lands North 00° 00' 33" West, a distance of 318.23 feet; thence South 89" 57' 36" East, a distance of' 273.99 feet to the easterly line of said lands; thence along said line South 19" 06' 48" East, a distance of 335.54 feet to the northeasterly corner of said Parcel; thence along the easterly line of said parcel South 19'" 06' 48" East, a distance of 293.23 feet to the southeasterly corner of said parcel; thence along the southerly line of said parcel North 82" 24' 51" West, a distance of 261.05 feet; thence continuing along said line North 89" 57' 24" West, a distance of 220.99 feet to the. Point of Beginning. PARCEL TWO Parcel 1, as shown on that Parcel Map filed for record in the Office of the Recorder of the County of Santa clara, State of California on April 12, 1979 in Book 439 of Maps, Pages 12 and 13. PARCEL T~REE Parcel 2, as sho~n on that Parcel Map filed for record in the Office of the Recorder of the County of Santa Clara, State of California on April 12, 1979 in Book 439 of Maps, Pages 12 and End of Legal Description 4418911005 3/15/02/LPS/215276.8 ~[ -- I ~. EXHIBIT A-1 Description of Easement Area (See attached copy of "Description of Pedestrian Access Easement" prepared by Brian Kangas Foulk under BKF Job No. 20000312-11 dated March 12, 2002) 44189/1005 4/24/02/LPS/215276.11 I BKF ENGINEERS SURVEYORS PLANNERS March 12, 2002 BKF Job No.: 20000312-11 DESCRIPTION OF PEDESTRIAN ACCESS EASEMENT All that real Property situated in the City of Cupertino, County of Santa Clara, State of California, being a portion of Parcel 2 as said parcel is shown on the Parcel Map recorded on April 12, 1979 in Book 439 of Maps at Pages 12 and 13 in the Office of the Recorder of Santa Clara County and a portion of Adjusted Parcel 3 as said parcel is described in Recorder's Document Number 15862177, on September 11, 2001 in the Office of the Recorder of Santa Clara County and being more particularly described as follows: BEGINNING at the most northeasterly comer of said Adjusted Parcel 3; thence along the northeasterly line of said Adjusted Parcel 3 and said Parcel 2, South 19° 06' 48" East, 1386.38 feet to the most easterly comer of said Parcel 2, being a point on a non-tangent curve to the left, from which point a radial line bears South 47° 30' 32" East; thence along the easterly line of said parcel, along said curve having a radius of 387.00 feet, through a central angle of 00° 50' 42", for an arc length of 5.71 feet; thence leaving said curve along a line parallel with and 5 feet westerly as measured perpendicular to the northeasterly line of said Parcel 2 and said Adjusted Parcel 3, North 19° 06' 48" West, 1390.87 feet to a point in the northerly line of said Adjusted Parcel 3; thence along said northerly line, South 89° 56' 46" East, 5.29 feet to the POINT OF BEGINNING and containing an area of 6,943 square feet, more or less. A plat showing the above-described parcel is attached hereto and made a part hereof as "Exhibit B". This description was prepared by me or under my direction in conformance with the requirements of the Land Surveyor's Act. 54 o Price Avenue Redwood City California 94o63-141~ phone 65o.482.63oo fax 65o.482.6399 www. bkf. com Billy Mart~n, P. L. S. No. 5797 ((~~\,! Dated Expires: June 30, 2004 .. EXHIBIT B Plat of Easement Area (See attached copy of plat entitled "5' Wide Pedestrian Access Easement" prepared by Brian Kangas Foulk under Job No. 20000312-11 dated March 12, 2002) 44189/1005 4/24/02/LPS/215276.11 ADJUSTED PARCEL 1 ,,n~\ ~ POINT OF DOCUMENT 15862177X~.~,,'~ BEGINNING % IN°' I Beorincj I Lenc. ith I \~ I L1 IS 89'56'46' E I 5.29' I ~, No. Rodius Delto I Length I \ ICl 1 387.00'1 00'50'42"1 s.71' J LANDS OF RWC, LLC k AD~STED PARCEL 3 ~ DOCUMENT 15862177 ~ LANDS OF RWCALC X~ ~ 1 ' ~ -~ 5' PEDESTRIAN ~ ~ INGRESS/EGRESS /P~ MCCLELLAN ROAD ~~~m ..=..~ 5' WIDE PEDESTRIAN ACCESS m~l~~ m ~ =~,=~' EASEMENT ~/4a2-~ E~ISU~O. IP~ Drawn GRK Checked RCS Approved ~ [~-- Job No. 20000312-11 Date 03/12/02 Sheet 1 of 1 CONSENT OF LIENFIOLDER AND SUBORDINATION OF LIEN The undersigned beneficiary under that certain Deed of Trust dated June 16, 1998 recorded as Instrument No. 14237495 on June 16, 1998 in the Official Records of Santa Clara County, California ("Deed of Trust"), consents to all of the terms and provisions contained in the foregoing Pedestrian Path Easement and Maintenance Agreement executed by RWC, LLC and the City of Cupertino ("Path Easement"), and agrees that the lien of such Deed of Trust shall be junior and subordinate and subject to the Path Easement. THE BANK OF NOVA SCOTIA, SAN FRANCISCO AGENCY By: Name: Its: 44189/1005 LPS/215276.11 STATE OF CALIFORNIA COUNTY OF ,~_~~OOICO-ID On for said~ate, Notary Public in and ) ) ss ) ~)~ 2002, before me, personally appeared ... ~, ~(~, ~l 6~"['3" , personally known to me (o~-prcvcd '~ ,.me o,~ ,,,c basis of ,,, saa~,.~.~u,~ ev!d~:tee) to be the person~ whose name(~ is/a~ subscribed to-the within instrument and acknowledged to me that l~./she/~y executed the same in l~her/~ authorized capacity(i~[~, and that by ~/her/~.'r, signature(,~ on the instnmaent the person0(}, or the entity upon behalf of which the person(~; acted, executed the instrument. WITNESS my hand and official seal. Signature ~ (Seal) 4418911005 4124102/LPS/215276.11 CITY OF CUPEI TINO City Hall 10300 Torte Avenue Cupertino, CA 95014-3255 (408) 777-3354 FAX (408) 777-3333 PUBLIC WORKS DEPARTMENT SUMMARY AGENDA ITEM AGENDA DATE May 20, 2002 SUBJECT AND ISSUE Approval of Contract Change Order No. 1 in the amount of $27,225.79 for the 2001 Annual Overlay Project for a total contract amount of $1,305,176.79. Accept the 2001 Annual Overlay Project as complete. BACKGROUND On July 16, 2001, the Council approved a contract with DeSilva Gates Construction. for the 2001 Annual Overlay Project in the amount of $1,277,951.00 along with a contingency of $122,049.00. This work included such items as extra cost for changing the hours of work on McClellan Rd. to accommodate traffic in a more convenient way for the public; fence relocation to build a handicap ramp; install additional deep lift asphalt on Twig and Cozette; remobilization of grinder to Tantau for extra work; additional driveway ramps where needed; down time due to unmarked utilities; additional hand work around manholes; extra patch on Homestead Rd.; adjust a manhole on Foothill Blvd. and a credit for the City of San Jose cleaning debris from manholes on DeAnza Blvd. and a credit for quantities not used at unit price. These were all unforeseen items that needed to be accomplished to complete the project in its entirety. All of the items result in a total cost that was negotiated with the contractor, in the amount of $27,225.79 which staffbelieves is a reasonable price for the work involved. In addition, all the work on the project has been completed and inspected by the City, therefore acceptance of the project is recommended by staff. FISCAL IMPACT This change order cost is within the approved project budgeted contingency of $122,049.00, so there is no additional fiscal impact over the approved budget. Prfnted on Recyclod Paper I ~....[ STAFF RECOMMENDATION Staff recommends that the City Council: (a) adopt Resolution No. 02- 093, approving Contract Change Order No. 1 for the 2001 Annual Overlay Project in the amount of $27,225.79, for a total contract amount of $1,305,176.79, and (b) Accept the 2001 Annual Overlay Project as complete. Submitted by: Ralph A. Qualls, Jr. Director of Public Works Approved for submission: David W. K.napp City Manager RESOLUTION NO. 02-093 DRAFT A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO APPROVING CONTRACT CHANGE ORDER NO. 1 FOR 2001 ANNUAL OVERLAY PROGRAM, PROJECT NUMBER 2001-04 RESOLVED by the City Council of the City of Cupertino, California, that Change Order No. 1 for changes to work which has been approved by the Director of Public Works and this day presented to this Council, be, and it hereby approved in conjunction with the project known as 2001 ANNUAL OVERLAY PROGRAM PROJECT NUMBER 2001-04 BE IT FURTHER RESOLVED that funds are available and no further appropriation is necessary. PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this 20th day of May, 2002, by the following vote: Vote AYES: NOES: ABSENT: ABSTAIN: Members of the City Council ATTEST: APPROVED: City Clerk Mayor, City of Cupertino CITY OF CUPEI{.TINO 2001 ANNUAL OVERLAY PROGRAM Contractor DeSilva Gates Construction 11555 Dublin Boulevard Dublin, Ca 94568 PROJECT NUMBER 2001-04 CONTRACT CHANGE ORDER NO. 1 The following changes are hereby approved: lA. lB. lC. ID. 1E. IF. 1G. IH. 1I. 1J. 1K. Extra Cost Work Hour Change on McClellan Rd. Fence Relocation to Build Handicap Ramp Additional Deep Lift Asphalt on Twig and Cozette Remobilization for Additional Work on Tantau Driveway Ramps on McClellan and Prospect. Down Time due to Unmarked Burried Utilities Hand Work Required Around Iron Extra Patch on Homestead Rd. Adjust Manhole on Foothill Blvd. San Jose Clean up of Manhole Debris - CREDIT Quantity Adjustment at unit prices - CREDIT Total Change Order No. 1 Total Project: Original Contract Change Order No. 1 Revised Contract $1,277,951.00 26,900.79 $1,304,851.79 $ 6,500.00 1,717.01 25,054.47 1,150.00 14,000.00 4,823.77 310.44 488.75 705.00 (2,200.00) (25,648.65) $ 26,900.79 P.O. # 030839 CONTRACTOR CITY OF CUPERTINO Title Date Ralph A. Quails, Jr. Director of Public Works City Council: Resolution No. Printed on Recycled Paper DRAFT RESOLUTION NO. 02-094 'A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO ACCEPTING A GRANT OF EASEMENT FOR PUBLIC UTILITIES FROM CUPERTINO CITY CENTER OWNERS ASSOCIATION; LOCATED AT TRACT 7953, LOT 7 WHEREAS, Cupertino City Center Owners Association has executed a Grant of Easement which is in good and sufficient form, conveying to the City of Cupertino, Grantee, an easement for public utility purposes over the property situate in the City of Cupertino, County of Santa Clara, State of California, more particularly described in Exhibit "A" and Exhibit "B", attached hereto and made a part hereof. All that certain real property situate in the City of Cupertino, County of Santa Clara, State of California, located at Tract 7953, Lot 7. NOW, THEREFORE, BE IT RESOLVED that the City of Cupertino accept said grant so tendered; and BE IT FURTHER RESOLVED, that the City Clerk is hereby authorized to record said Grant of Easement. PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this 20th day of May, 2002, by the following vote: Vote Members o__f the CiW Council AYES: NOES: ABSENT: ABSTAIN: ATTEST: APPROVED: City Clerk Mayor, City of Cupertino 13-( RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: Cupertino City Center Owners Association c/o Prometheus Real Estate Group, Inc. 350 Bridge Parkway Redwood City, CA 94065 Atto: Chief Financial Officer (Space above line reserved for Recorder's use only) GRANT OF PUBLIC UTILITY EASEMENT CUPERTINO CITY CENTER OWNERS ASSOCIATION, a California corporation ("Grantor"), as the owner of certain real property localed in the City of Cupertino, County of Santa Clara, State of California (the "Property"), hereby grants to the CITY OF CUPERTINO, a municipal corporation ("Grantee"), the right to excavate for, install, maintain and use for subsurface public utility purposes (the "Easement") as Grantee shall from time to time elect, within a portion of the Property legally described on Exhibit "A" attached hereto and incorporated herein by this reference (which portion of the Property so legally described on Exhibit "A' attached hereto is referred to herein as the "Easement Area"), and which Easement Area is approximately as depicted on Exhibit "B' attached hereto and incorporated herein by this reference. Grantor hereby further grants to Grantee the right and privilege to enter upon the Property contiguous to and along the line of the Easement Area for the purpose of locating, constructing, repairing, maintaining, or replacing said public utilities or appurtenances thereto, for the purpose of doing any necessary or lawful act in connection with the construction or maintenance of said utilities; there is also granted the right of the use of sufficient land within the Property contiguous to such Easement Area on either or both sides thereof for the purposes of excavation of and deposit of earth and necessary building material during the time of constructing said public utilities and any repair thereof. The foregoing grant of the Easement is subject to the following express conditions: (a) Grantor hereby reserves for itself, and its successors and assigns, the right to use the Easement Area for any purposes which do not unreasonably interfere with the use and enjoyment of the Easement for the purposes described above. Without limiting the generality of the foregoing, thc parties hereby agree and acknowledge that the Easement granted hereunder is for subsurface utility purposes and that the Easement Area located above such subsurface utility improvements may be improved and used for roadway purposes (as currently existing or hereafter modified) or other purposes so long as the same do not materially interfere with such subsurface utility uses pursuant to the Easement granted hereby. (b) 'All improvements by Grantee or anyone claiming under Grantee pursuant to this instrument shall be subsurface and shall not alter the grade of the Easement Area. LPG 37945 19969.1 I (c) Grantee shall not suffer or permit to be enforced against any port/on of the Property, and within ten (lO) days following receipt of request therefor from Crrantor shall "bond" over or otherwise aischarge, any materiahnen's, contractor, subcontractor's, or mechanics' liens arising out of the work performed by or on behalf of C-rantee or anyone claiming under Grantee pursuant to this'. instalment. (d) Grantee, for itself and on behalf of any successors or assigns who acquire the Easement fights and obligations described herein, agrees to indenmify, protect, defend and hold harmless the Grantor, its successors and assigns from and against any and all claims, demands, obligations, expenses, liabilities, and costs, including, but not limited to, reasonable attorneys' fees and expenses, for any property damage and bodily injury, sickness, disability, disease or death of any person or persons arising directly or indirectly from use of the Easement Area by Grantee, the successors or assigns of Grantee or any of their respective contractors, agents and/or employees. Failure to enforce any covenant, condition or restriction contained in this Easement Agreement in any certain instance or on any particular occasion shall not be deemed a waiver of such right on any such future breach of the same or any other covenant, condition and restriction. All rights, options and remedies of the parties hereto are cumulative, and no one of them shall be exclusive of any other, and Grantor and Grantee shall have the right to pursue any one or all of such rights, options and remedies or any other remedy or relief which may be provided by law, whether or not stated in this Easement Agreement or any amendment thereto. Invalidation of any one or a portion of the provisions of this instalment by judgment or court order shall in no way affect any other provisions of this instrument which shall remain in full force and effect. In the event any action is instituted by any party to enforce any rights, remedies or other provisions of this insmunent, the prevailing party in such action or proceeding shall be entitled to reimbursement from the non-prevailing party for the disbursements incurred by the prevailing party in connection therewith and for the reasonable attorneys' fees and costs of the prevailing party as fixed by the court. In addition to the foregoing award of attorneys' fees and costs to the prevailing party, the prevailing party in any lawsuit on this instrument shall be entitled to its attorneys' fees and costs incurred in any post-judgment proceedings to collect or enforce the judgment. This provision is separate and several and shall survive any merger of this instrument into any judgment on this instrmnent. This instrument shall be governed by and construed in accordance with the laws of the State of California. This instrument contains the entire unders-tanding and agreement between the parties hereto regarding the subject matter hereof and may only be modified in a writing signed by the parties hereto, or their respective successors in interest LP~ 37945 19969.1 2 Any notice, consent or appwval required or permitted to be given under this inslntment shall be in writing and shall be deemed to have been given upon (a) hand delivery, (b) one business day after being deposited with FedEx or another reliable overnight courier service for next day delivery, or (c) two business days after being deposited in the United States marl, registered or certified mail, postage prepaid, return receipt required (provided that a copy of any such notice or demand so sent by United States Certified Mail shall be concurrently sent by facsimile transmission), and addressed as follows (or to such other address as either party may from time to time specify in writing to the other),: To Grantor: To Grantee: Cupertino City Center Owners Association c/o Prometheus Real Estate Group, Inc. 350 Bridge Parkway Redwood City, CA 94065-1517 Attn: Chief Financial Officer Facsimile (650) 596-5377 City of Cupertino 10300 Torre Avenue Cupertino, CA 95014-3255 Attn: City Attorney IN WITNESS WHEREOF, Grantor and Grantee have executed this instrument as of the .I 5 day of ~ ~,a.c_x-x.. , 2002. Grantor: CUPERTINO CITY CENTER OWNERS ASSOCIATION, a California corporation By:, ~ Print Name: John J. Murphy Its: Vice President Date: March 15, 2002 Print Name: Vicki R. Mullins Its: Vice President Date: March 15, 2002 GRANTEE: CITY OF CUPERTINO, a munic!pal corporation By: Print Name: Its: Mayor Date: By: Richard Lowenthal ,2002 Print Name: Kimberly Smith Its: City Clerk Date: APPROVED AS TO FOR1/: ,2001 City Attorney LPG37~519969.1 STATE OF CALIFORNIA COUNTY O~ ~ ) ~,~o )ss. ) public in and for.said State, personally appeared .=)r)~., 1~ ~ r~.~, and . \[. ,.~.~. ~k~.~,~.(~ ,-~ , personally known to'me' (~r pr~ved~to me on the basis of satisfactory evidence) to be the person(s) whose name(s)'is/are subscribed to the within instrument and acknowledged to me that beslsim./they executed the same in ]~r/their authorized capacity(ies), and that by hisll~/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, execmed the instrument. W1TNESS my hand and official seal. Signature (s~al) STATE OF CALIFORNIA COVN -, SS. On ,200m, before me, , a notary public in and for said State, personally appeared and , personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/ar~ subscribed to the within inslrurnent and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument WITNESS my hand and official seal. Signature (S~al) LPG 37945 19969.1 EXH~IT A LEGAL DESCRIPTION OF EASE~ AREA (see attached) LPG 37945 19969.1 EXHIBIT CUPERTINO CITY CENTER GRANT OF PUE EASEMENT Real property located in the City of Cupertino, County of Santa Clara, State of California, being a portion of Lot 7, Tract 7953 Recorded in book 571 of Maps at Pages 36 and 37, Beginning at the most easterly comnmn corner of Lot 7 and Lot 2, as said common corner and lots are shown on said Tract 7953, ~ North 89o06'04'' West 129.96 feet along the common boundary between Lot 2 and Lot 7; Theme North 00o53'20'' East 5.50 fe~q Thence North 89o06'40'' West 23.02 feet; Thence South 00053'20'' West 5.50 feet; Thence North 89o06'40'' West 31.23 feet; Thence North 00o53'20'' East 5.00 feet; Thence North 89°06'40'' West 30.35 feet; Thence South 00o53'20'' West 5.00 feet; Thence North 89o06'40" West 58.44 feet; Thence North 00°53 '20'' East 40.00 feet; Thence South 89o06'40'' East 270.00 feet along the common boundary between Lots 1 and Lot 7; Thence South 00o53'20'' West 40.00 feet to the Point of Beginning, 7/11/01 Page 1 of 1 CREEGAN + D'ANGELO 100002.3 EXHIBIT B DEPICTION OF EASEMENT AREA (see attached) LPG 37945 19969.1 ._J N Z Dd',dJ:d~ B STEVENS CREEK BLVD CALl A I I LOTg g OOC. f~.qfl2Zl LOT 7 ~ ~ N \ U)T3 PER $?f IMPS 34 II,~W 5'7f iMPS 3~ LOT 7 \ \ I I 40' I I I I I= · P~57! aMPSM I I I LOT 4 I AREA TO GRANTED CURVE TABLE CURVE LENGTH RADIUS DELTA Cf3 31.5g 20000 903'02' C14 2731 20(ZOO F4g'2f' C15 I&90 3~00 CREECAN+ D'ANCELO Consuffing C/vi~ one S#ucfuml Engineers SN'4 dOS~ CA 95112-292,3 PHONE ,408-998-1234 FAX: 408,-996-0944 UNE TABLE UNE LENGTH BEARING L16 3f 76' NOg~u6'22'E L17 5.00' L!8 3Z,.NS' NBg'OB'40'E L19 5.00' 5.50' I Mxr53'~o'~ I C20 I I L~I I ~.02' I I L22 I ~50' J I L23 I 31~.3' ] NBg'Oe'40'E 1(~X)([i6 II~ p'~-[*..q~.0, :..ly~ ~ vi. 2001 '1:24..oe ..m. DRAWN: BH PLAT TO ACCOMPANY DESCRIPTION GRANT OF PUE EASEMENT DESIGN: DBV SC,N.E: 1'-100' DATE: 7-11-01 SHEET I OF 1 REV: CITY OF CUPEILTINO City Hall 10300 Torre Avenue Cupertino, CA 95014-3255 Telephone: (408) 777-3223 FAX: (408) 777-3366 kimberlys~cupertino.org OFFICE OF THE CITY CLERK SUMMARY Agenda Item No. I ~' Meeting Date: May 20, 2002 SUBJECT P~D ISSUE Report from the Fine Arts Commission (FAC) regarding 2001-2002 accomplishments, guidelines for the selection of public art, and recommending the purchase of public art works. Recurring Projects In the past year the FAC distributed a total of $15,000 in grants. These funds were awarded to the Euphrat Museum of Art, Cupertino Cherry Blossom Festival, Jennifer Swanton Brown, Monta Vista High School, San Jose String Quartet, California Youth Symphony, and the Janlyn Dance Company. In addition, the FAC sponsored the annual student art show at the Cherry Blossom Festival, and will soon be considering nominations for Distinguished Artist of the Year. Special Proiects The FAC has also been working concurrently on a number of special projects listed below, including an enhancement to the Quinlan Community Center's preschool play area, public art for the comer of Stevens Creek and DeAnza Boulevards, a "One Percent for Art" program, guidelines for selecting public art, and recommendations for the purchase of sculpture to be placed on public property. Children's Tile Wall - The FAC worked with the Arts In Schools Program of the Euphrat Museum throughout 2001, and in October of last year they unveiled the charming Children's Tile Wall (Quinlan Community Center) at a reception held for the student artists. (Attachment A) Public Art at Stevens Creek/DeAnza Blvd - At one time known as the "Four Seasons Comer", this location is now framed by the Cypress Hotel, opening July 2002, and the Verona Apartments, which is scheduled to in March 2003. The FAC is actively working with sculptor Roger Berry to design a monumental sculpture for the open space at the comer. Constructed of stainless steel and standing approximately 25 feet high, the sculpture will provide an intriguing, changing view for drivers on both Stevens Creek and DeAnza Boulevards. It will also provide an interesting 3-dimensional space that Pr~nt~cl on Ft~cl~cl P~4~r I S -- May20,2002 Page 2 allows the viewer to stand inside the structure. Council has already authorized a budget of $150,000 in a prior year, and those funds are shown in the proposed Capital Improvement Program budget for 2002-2003. Percent for Art Program - The FAC has submitted proposed text for the upcoming General Plan amendment that would institute a "One Percent for Art" program. If adopted, it would require that future developers be responsible for designing, purchasing, installing, and maintaining public art on their own property, with a value of at least one percent of the overall development cost. In some cases an in-lieu fee may be accepted. The City would be responsible for providing art work(s) for development or redevelopment on public property, since public projects would be subject to this same requirement. This proposal will be presented to the City Council and Planning Commission in the draft General Plan amendment prior to its release for public review. General Guidelines for Public Art - A draft of the General Guidelines for Selecting Public Art is submitted for Council approval (Attachment B). The criteria in that document were used in reviewing sculptures proposed for acquisition, which are described in the next paragraph. Call for Art - The FAC issued a Call for Art requesting slides of available and completed works. Eighteen artists responded, offering from one to twenty artworks apiece. An ad hoc committee reviewed in detail their slides and application materials, and selected five finalists (Attachment C). The FAC concurs with those recommendations, and suggests that the City Council authorize the purchase of all five. The Fine Arts Commission will then prepare a recommendation as to where each piece should be installed from among these locations: A. Quinlan Community Center, at the comer of Alves and Stelling, on either side of the entrance, or behind the center in the lawn area B. Senior Center, in the frontage along Stevens Creek or near the main patio C. Sports Center, at the comer of Stevens Creek and Stelling D. City Hall, at the comer of Torte and Rodrigues E. Jollyman Park, visible from Stelling There is currently $100,000 available in the Capital Improvement Project fund 420-9703- 9300 which was an in-lieu fee paid by Apple Computer when they removed the public art (an icon sculpture garden) required by their special use permit. RECOMMENDATION: Approve the General Guidelines for the Selection of Public Art as recommended by the Fine Arts Commission; May 20, 2002 Page 3 Authorize the purchase of the five sculptures listed on Exhibit D, and direct the Fine Arts Commission to work with the Public Works Department and the Parks and Recreation Commission on the placement, installation and engineering requirements. Accept the conceptual design by artist Roger Berry for the plaza area at the comer of Stevens Creek Boulevard and DeAnza Boulevard. Submitted by: Approved for submission: Kimberly Sm(fi' City Clerk David Knapp City Manager Attachments: Photographs of Children's Tile Wall and reception Draft General Guidelines for the Selection of Public Art List of recommended artworks Attachment A Attachment B Cupe~o Public Art Program General Guidelines for Selecting PubHe Art DRAFT Prepared by the City of Cupertino Fine Arts Commission Adopted: Cupe no Public Art Program General G ddelines for Selecting Public Alt Baekgrmmd The City desires to acquire art for its permanent collection of sited works, permanent portable collection, and temporary collections. The Commission desires to create a visual identity for the City by placing artworks in various locations. The Commission has in the last year begun to lay the groundwork for selecting public artworks by drawing up policies and setting clear guidelines and objectives. The Commission will be proposing a One Percent for Art program as part of the General Plan update to fund and ensure the City's long-term goal of placing artworks in the City. The Commission is currently researching potential sites on public lands to place completed artworks or to commission artworks in the near future. Guidelines The following guidelines are meant to assist in the selection of sited works: Sited works will be appropriate to the location, i.e. be proportionate in size and be integrated into the environs or architecture. To ensure excellence in the work's physical embodiment of the principles of design, the involvement of a peer professional in aesthetic decision-making is desirable. Sited works may reflect the history and culture of the area. Various visual media and materials both traditional and non-traditional will be considered. Durable materials with minimum maintenance requirements and maximum resistance to vandalism will be required. An artist will have proven ability and experience in designing, managing and producing hands-on large-scale integrated artwork. Selection of artists will not be restricted by age, gender or ethnic background. Public liability and environmental concerns will be addressed. The de-accessioning or removal of an artwork will follow legal procedures and protect both artist and City from liability. Where public funds are used, the community surrounding the future art may be invited to participate in helping to generate community acceptance of the artwork. A timeline will be designed to provide adequate time to coordinate and educate parties involved and to structure the overall plan for a project. It is desirable to involve the selected artist and/or a public art consultant on a project design team at the conceptual phase of architectural planning. This will help to fully integrate art works into building projects, to help to provide developers with a positive experience and to help to prevent expensive retrofitting later. If an artist has not yet been selected, the consultant will offer art options and selection procedures. The function of the consultant will be to foster communication among people with differing backgrounds (e.g. artist, developer, planner, public works, architect, landscape architect, engineers, attorney, community), to manage the fabrication/installation processes and to promote integration of art with the environs. They will also keep the project on track, on time and on budget. Attachment C Public Art Selections Five Candidates Ad Hoc Committee members: Nancy Canter, Rita Young, Barbara J. Phelps 4/26/O2 Middlebrook, David "Strand' Bronze, Stone 105(9'x2' 2001 $22,000 Ohtake, Motosuke "#6" (a kinetic Stainless Steel 2'-2"x5'-6"x3' 2001 $10,55O sculpture) Ellison, Robert "Torque" Stainless Steel, paint 9'x3'x3' 200O $19,500 Lomoro, Nick "Lydcal Reds'" Steel, powder-coated 8'-2"x6'-1 "x6'-9" 1999 $14,750 Kay, Lori "Chair in Motion" Brass 10'-4"x2'-6"x8' no date $20,000 / ! ~ 5- 40 i%/3 F__×. A CITY OF CUPEILTINO City of Cupertino 10300 Torre Avenue Cupertino, CA 95014 (408) 777-3308 FAX (408) 777-3333 Community Development Department Housing Services Summary Agenda Item No. 16 Agenda Date: May 20, 2002 Subject: Change Community Development Block Grant (CDBG) designation from participant in Urban County program to entitlement grantee for funding purposes. Recommendation: Authorize the Mayor to forward letters notifying the County of Santa Clara and the Department of Housing and Urban Development (HUD) that the City of Cupertino is opting out of the Urban County Community Development Block Grant (CDBG) program and accepting the HUD designation as a Metropolitan City for CDBG funding purposes. Background: There are 16 jurisdictions in Santa Clara County, 15 dries and the County unincorporated area. Cities with populations of more than 50,000 are eligible to receive direct block grant funds, such as CDBG money. The cities of Gilroy, Milpitas, Mountain View, Palo Alto, San Jose, Santa Clara and Sunnyvale are designated as Metropolitan, or entitlement, cities and apply directly to the San Francisco region HUD office for funding. Cities with populations less than 50,000 are considered non-entitlement cities and must join together to form an entitlement jurisdiction, referred to as an Urban County. Santa Clara County cities currently participating in the Urban County Program are as follows: Campbell, Cupertino, Los Altos, Los Altos Hills, Los Gatos, Milpitas, Monte Sereno, Morgan Hill, Saratoga and the unincorporated area. Discussion: The city received a letter (see attached), notifying the dty of its eligibility to be designated a Metropolitan city based on the most recent population counts, from the U.S. Census Bureau from Steven Sachs, Director of the Community Planning and Development Division of the HUD Pacific/Hawaii regional office. Although HUD is unable to provide the city with the exact amount it will receive as an entitlement city, they have provided the city with an estimate of $313,000. This is approximately $138,000 more than the city currently receives under the Urban County CDBG program. With the additional funding will come additional reporting responsibilities for the dty. These reporting responsibilities may require additional staffing. Currently, the dty dedicates Change Community Development Block Grant (CDBG) designation from participant in Urban County program to entitlement grantee for funding purposes. May 20, 2002 Page 2 approximately 3/4 of a staff person to the housing programs. The reporting requirements currently associated with the new designation may require additional staffing. As an alternative to hiring additional staff, the city could enter into contracts with consultants to complete some of the more time consuming reports such as the Consolidated Plan, similar to a Housing Element. Due to the timing of opting-out of the Urban County program and becoming an entitlement grantee, the city will most likely have to remain without ftmding for one year until Fiscal Year 2003 begins on October 1, 2003. HUD requires Urban County participants to enter into three- year joint power agreements without early exit clauses. If the city chooses to remain in the Urban County program and not become an entitlement grantee, the new joint powers agreement would be effective for the time period from October 1, 2002 to September 30, 2005. The city's current subrecipients, Cupertino Community Services (CCS) and Senior Adults Legal Assistance (SALA) were made aware of the situation during the CDBG funding cycle. In the letter notifying the city of its Metropolitan city status, HUD has offered the city three options from which to select. The city may (1) accept entitlement status and accept the grant directly from HUD; (2) defer classification as an entitlement grantee and remain part of the urban county; (3) accept the designation and form a joint recipient agreement with the urban county. Of the three options, staff believes option one is the most financially beneficial to the PREPARED BY: R~.VI~_D~ Vera Gil, Senior Planner Steve Piasecki, Director of Community Development Attachments: Resolution No. 02-095 HUD letter Urban County program letter APPROVED FOR SUBMITTAL: David W. Knapp, City Manager U.$.Depalllnrat of Iiousir~ and Urbap Developmcm Pa¢ific~-Iawaii California Sta~e O~ 450 ~l~n Oa~ Avenue San F~ncisco. CaHfo~a 941~-3~8 Honorable Richard Lowenthal Mayor City of Cupertino 10300 Tone Avenue Cupertino, CA 95014 Dear Mayor Lowenthal: Subject: Community Development Block Grant Program Eligibility of Cupertino as an Entitlement City The Department of Housing and Urban Development (HUD) is plea;cd to advise you that the City of Cupertino has been designated as a Metropolitan Cit3, for Community Development Block Grant (CDBG) funding for Fiscal Year 2003. This designation is based on April 1, 2000, population counts from the U.S. Bureau of the Cen:;us. However, as a participating unit of general local government within a CDBG eligible 're'ban county, the City has a number of options it can take. The City has the option of (1) receiving a CDBG Entitlement grant directly from HUD; (2) defemng classification as an Entitlement Grantee and remaining part of the urban county; or (3) accept'lng the designation and forming a joint recipient agreement with the urban county. Please advise us of which option the City chooses 'to take, within 30 days of the date of this letter. As indicated, with this designation, the City will be eli~ble to receive a CDBG Entitlement grant for Fiscal Year 2003. We probably will not be able to ad,,ise you of the exact amount until January 2003, but we suggest you use the amount of approximately $313,000 for planning purposes. · If you have questions concerning the CDBG program, please contact Rafael Cedillos, the HUD Senior Community Planning and Development Representative who will Ix: assi~ed to work directly with City surff. Mr. Cedillos can be reached on (415) 436-g493. Sincerely, Original Signed By Steven B. Sachs Steven B. Sachs Director Community Planning and Development Division County of Santa Clara Environmental Resources Agency Housing and Community Development ! 735 North Firs1 Street. Suite 265 San Jose. California 95 ! ! 2 (408) 441.0261 FAX 44 i -0365 April 30, 2002 David Knapp City Manager, City of Cupertino 10300 Torte Avenue Cupertino, CA 95014 SUBJECT: NOTIFICATION OF OPPORTUNITY TO INCLUDE OR EXCLUDE POPULATION IN THE COUNTY OF SANTA CLARA COMMUNITY DEVELOPMENT BLOCK GRANT AND HOME PROGRAMS FOR FEDERAL FISCAL YEARS 2002-2003, 2003-2004, AND 2004-2005' Dear Mr. Knapp: The County of Santa Clara is currently seeking requalification as an Urban County for Federal Fiscal Years 2002-2003, 2003-2004, and 2004-2005 in order to receive Entitlement funds from the United States Department of Housing and Urban Development's (HUD) Community Development Block Grant (CDBG) and HOME Investment in Partnership (HOME) Programs. Pursuant to HUD regulations, the County is required to notify all units of general local government of their right to exclude their population from the Urban County. A City's decision to either include or exclude their population from the Urban County will be effective for this three-year period for which the County qualifies as an Urban County. Should your City elect to exclude its population from the Urban County, please notify the County and the HUD Office at 450 Golden Gate Avenue, San Francisco, CA 94102, of this decision by June 1, 2002. Should your City elect to participate with the Urban County for this three-year period (FY 2002-2003, 2003-2004, and 2004-2005), it will be necessary for your City Council to approve a resolution indicating the City's decision to participate for the three-year period by June 28, 2002. Each City that elects to participate will also be required to execute a Joint Exercise of Powers and Cooperation Agreement (JPA) with the County. * Federal fiscal years covering thc period from October 1, 2002 to September 30, 2005. Board of Supervisors: Donald E Gage. Blanca Alvarado. Pete McHugh. James T. Beall Jr.. l.iz Kniss County Executive: Richard Wiltenl:~rg Should your City elect to participate with the Urban County for this three-year period, your City will not be eligible to apply for grants under the Small Cities or State CDBG programs while you are part of the Urban County. In addition, your City may only participate in the HOME Program as part of the Urban County. Copies of the draft JPA have already been forwarded to all of the currently participating jurisdictions for staff review and comment. Comments were due to the Housing and Community Development (HCD) Office by April 26, 2002. A copy of the final JPA will be forwarded to all jurisdictions intending to participate by May 10, 2002. Very truly yours, Charles Chew Program Manager CC: Richard Wittenberg, County Executive W. T. Chow, Director, Environmental Resources Agency Naphtali H. Knox, Housing Bond Coordinator Ann Draper, Planning Director, Environmental Resources Agency JPA Notification Itr to cities Cit3~, · grg- 4/30/02 RESOLUTION NO. 02-095 DRAFT A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO AUTHORIZING THE MAYOR TO FORWARD LETTERS NOTIFYING THE COUNTY OF SANTA CLARA AND THE DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT (HUD) THAT THE CITY OF CUPERTINO IS OPTING OUT OF THE URBAN COUNTY COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) PROGRAM AND ACCEPTING THE HUD DESIGNATION AS A METROPOLITAN CITY FOR CDBG FUNDING PURPOSES WHEREAS, the Housing and Community Development Act of 1974 provides that funds be made available for the Community Development Block Grant program; and WHEREAS, the City of Cupertino has been designated a Metropolitan City for Community Development Block Grant Funding purposes for Fiscal Year 2003; and WHEREAS, the City of Cupertino must notify the U.S. Department of Housing and Urban Development and the County of Santa Clara Urban County program of its decision to accept the designation. NOW, THEREFORE BE IT RESOLVED that the City of Cupertino hereby accepts the designation of Metropolitan City and classification as an Entitlement Grantee by the U.S. Department of Housing and Urban Development; and BE IT FURTHER RESOLVED that the Mayor is hereby authorized to forward letters notifying the County of Santa Clara and the Department of Housing and Urban Development (HUD) that the City of Cupertino is opting out of the Urban County Community Development Block Grant (CDBG) program and accepting the HUD designation as a Metropolitan City for CDBG funding purposes: PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this 20t~ day of May, 2002 by the following vote: Vote Members of the City Council AYES: NOES: ABSENT: ABSTAIN: ATTEST: APPROVED: City Clerk Mayor, City of Cupertino CITY OF CUPEi TINO 10300 Torre Avenue Cupertino, CA 95014-3255 (408) 777-3251 FAX (408) 777-3333 Community Development Department Housing Services May 15, 2002 Mr. Steven Sachs Director, Community and Development Division U.S. Dept. of Housing and Urban Development Pacific/Hawaii Regional Office 450 Golden Gate Avenue San Francisco, CA 94102-3488 Dear Mr. Sachs, We have reviewed your letter informing us of the city of Cupertino's recent designation as a Metropolitan City for Community Development Block Grant (CDBG) funding for Fiscal Year 2003. We are pleased to inform you of our decision to become an entitlement grantee so that we may receive funding directly from HUD in the future. The city of Cupertino will be notifying the County of Santa Clara Urban County CDBG program of our decision to exclude our population from the Urban County in the coming days. We would also like to take this opportunity to thank you and your staff for the assistance provided in helping us make our decision. Please contact our CDBG program manager, Vera Gil, at (408) 777-3251 regarding any additional paperwork that must be completed to transition into the Entitlement Grantee status. Sincerely, CITY OF CUPERTINO Richard Lowenthal Mayor CITY OF cuPe nno 10300 Torre Avenue Cupertino, CA 95014-37 ' (408) 777-3, FAX (408) 777-3333 Community Development Department Housing Services May 15, 2002 Mr. Charles Chew Housing and Community Development Program Manager Environmental Resources Agency 1735 North First Street, Suite 265 San Jose, CA 95112 Dear Mr. Chew, On Monday May 20, 2002, the City of Cupertino City Council voted to accept the entitlement grantee status from the U.S. Department of Housing and Urban Development (HUD). Since Cupertino will be an entitlement grantee in Fiscal Year 2003, the city will be excluding its population from the Urban County. We would like to take this opportunity to thank you and your staff for the assistance provided over the years. Please contact Vera Gil, Senior Planner, at (408) 777-3251 if you have any questions regarding our decision. Sincerely, CITY OF CUPERTINO Richard Lowenthal Mayor CITY OF CUPE INO City Hall 10300 Torte Avenue Cupertino, CA 95014-3255 (408) 777-3354 FAX (408) 777-3333 PUBLIC WORKS DEPARTMENT AGENDA ITEM t~ Summary AGENDA DATE May 20~ 2002 SUBJECT AND ISSUE Minor Modifications to the Cupertino Municipal Code Section 11.34, Roadway Design Features relating to the installation of Road bumps. BACKGROUND Section 11.34.030 provides for criteria for using speed bumps and specifications for installing them on residential streets. These specifications require that the road bump be a minimum of 150 feet from the centefline of an intersecting street or the beginning of any curve of the road on which the bumps are installed. It also requires that the road bump be visible to oncoming traffic for a distance of 150 feet and that the spacing between road bumps be between 400 and 500 feet. There have been an unusually large number of requests for road bumps over the past year. We have received and approved road bumps at 6 street segments this fiscal year alone. There were less than 20 road bumps or traffic diverters installed over the previous ten years. In designing specifications for most projects, there is typically allowed some discretion for the engineer of the work (usually the City Engineer/Director of Public Works) to make adjustments to fit conditions in the field. For example, in one of the current installations, if the 150-foot dimension to the next intersection were rigidly applied, the road bump would be installed in the middle of the driveway of an adjacent residence. The current language in the code is so strict that it does not provide for any flexibility to fit actual field conditions. Staff is recommending that this section be amended to provide for that kind of flexibility. It would provide that, notwithstanding the criteria contained in this section, the Director of Public Works may approve adjustments to those criteria to fit the actual conditions in the field. Given the fact that road bumps are installed on residential streets with a speed limit of 25 mph. Slight variations in the specifications will not present any safety concerns. Printed on Recycled Paper I ~"-- I .. Mr. David Erck, a Cupertino resident had expressed some concerns regarding the installation of road bumps, particularly on Maxine Avenue near his residence, and had earlier addressed the Council on the matter. Because of his interest, staffis providing Mr. Erck with a copy of this report for his information. Since the City now has a contract underway to install road bumps, and it is urgent that they be installed as soon as possible, staffis also recommending that this ordinance be adopted as an urgency measure taking effect immediately. STAFF RECOMMENDATION It is recommended that the City Council adopt Ordinance No. ~ ~ ~ ~, amending Section 11.34 of the Cupertino Municipal Code relating to design and installation of speed bumps, and that Ordinance No. [ ~t~ ~ be adopted as an urgency measure. Submitted by: Director of Public Works Approved for submission: David W. Knapp City Manager DRAFT ORDINANCE NO. 1896 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CUPERTINO AMENDING CHAPTER 11.34 OF THE CUPERTINO MUNICIPAL CODE RELATING TO ROADWAY DESIGN FEATURES, ADDING SECTION 11.34.040 RELATING TO CONSTRUCTION ENGINEERING OF THE INSTALLATION AND MAINTENANCE OF ROAD BUMPS AND DECLARING THE URGENCY THEREOF SECTION 1. Findings. The City Council of the City of Cupertino does hereby find that: Section 11.34 Roadway Design Features, as currently enacted, does not provide sufficient flexibility for the practical installation of road bumps in City Residential Streets; and In order to protect the public safety, health and welfare, this ordinance is adopted as an Urgency Ordinance pursuant to Government Code Section 65858. There are road bumps currently under construction to curtail speeds on residential streets, safeguarding the health and welfare of the adjacent neighborhoods, that cannot be property installed without the flexibility provided by this ordinance amendment. THE CITY COUNCIL OF THE CITY OF CUPERTINO DOES HEREBY ORDAIN that Chapter 11.34, be amended to add the following: Section 11.34. 040 Road Bump Installation--Authority. Notwithstanding the criteria provided in Section 11.34.030 of this Chapter, the Director of Public Works is authorized to make adjustments in the installation criteria for roadway design features, if, in his professional opinion, such adjustments are necessary for the installation to fit the specific conditions on the residential street where it is installed. This urgency ordinance shall take effect immediately. INTRODUCED and ENACTED at a regular meeting of the City Council of the City of Cupertino this 20th day of May, 2002, by the following vote: Vote Members of the Cit3, Council AYES: NOES: ABSENT: ABSTAIN: ATTEST: City Clerk APPROVED: Mayor, City of Cupertino ORDINANCE NO. 1895 DRAFT AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CUPERTINO ADOPTING CHAPTER 2.XX OF THE CUPERTINO MUNICIPAL CODE ESTABLISHING THE BICYCLE PEDESTRIAN COMMISSION Whereas, the City Council wishes to establish the Cupertino Bicycle Pedestrian Commission, NOW, THEREFORE, BE IT ORDAINED AS FOLLOWS: Chapter 2.XX of the Municipal Code of Cupertino is hereby adopted as follows: Chapter 2.XX BICYCLE PEDESTRIAN COMMISSION 2.XX.010 Established-Composition. The Bicycle Pedestrian Commission of the City is established. The Bicycle Pedestrian Commission shall consist of five members, none of whom shall be officials or employees of the City, nor cohabit with as defined by law, nor be related by blood or marriage to any member of the Commission, the City Manager or any staff person(s) who may be assigned by the City Manager to assist this Commission. At least four members shall be City of Cupertino residents. At least one member shall be a person experienced in pedestrian issues and walk- ability. Members of the Bicycle Pedestrian Commission shall be appointed by the City Council. 2.XX.020 Members--Terms. A. Commissioners serve at the pleasure of the City Council. The term of office of the members of the Bicycle Pedestrian Commission shall be for four years and shall end on January 15th of the year their term is due to expire. No commissioner shall serve more than two consecutive terms, except that a commissioner may serve more than two consecutive terms if he or she has been appointed to the Commission to fill an unexpired term of less than two years. B. The appointment, reappointment and rules governing incumbent members of the Commission are governed by Resolution No. 7571 of the Cupertino City Council. 2.XX.030 Members-Vacancy or removal. Any appointee member may be removed by a majority vote of the City Council. If a vacancy occurs other than by expiration of a term, it shall be filled by the City Council's appointment for the unexpired portion of the tenn. 2.XX.040 Chairperson. The Commission shall elect its chairperson and vice-chairperson from among its members and shall appoint a secretary. Terms of the chair and vice-chair shall be for one year and shall be complete on January 15th. Ordinance No. 1895 2.XX.050 Meetings-Quorum. A. The Bicycle Pedestrian Commission shall establish a regular place of meeting and rules of conduct thereof and shall hold at least one regular meeting each month, unless a regular meeting is cancelled by direction of the Commission Chairperson. B. A majority of the Bicycle Pedestrian Commission shall constitute a quorum for the purpose of transacting the business of the Commission. 2.XX.060 Majority vote required. A majority vote is required to approve a recommendation on any matter that is presented to the Commission that requires a vote. 2.XX.070 Records required. The Commission shall keep an accurate record of its proceedings and transactions and shall render such reports to the City Council as may be required. 2.XX.080 Powers and functions. A. The powers and functions of the Bicycle Pedestrian Commission shall be to review, monitor and suggest recommendations for City transportation matters including, but not limited to, bicycle and pedestrian traffic, parking, education and recreation within Cupertino. B. To fulfill their mission, the Commission may involve itself in the following activities: 1. To monitor and update the Bicycle Transportation Plan and Pedestrian Transportation Plan; 2. To suggest recommendations, review, and monitor the City's General Plan Transportation Element; 3. To receive public input pertaining to bicycle and pedestrian transportation and infrastructure issues; 4. To make recommendations regarding the implementation of roadway and transportation improvements as it pertains to bicycle and pedestrian needs; 5. To make recommendations regarding the allocation of funds for capital expenditures relating to bicycle and pedestrian transportation; 6. Any other activity that may be deemed appropriate and necessary. 2.XX.090 Compensation-Expenses. Members of the Bicycle Pedestrian Commission shall serve without compensation, but all necessary expenses reasonably incurred by them while acting in their official capacity shall be paid by appropriate action of the City Council. 2.XX. 100 Procedural Rules. The Commission may adopt from time to time such rules of procedure as it may deem necessary to properly exercise its powers and duties. Such rules shall be kept on file with the Chairperson of the Commission, the Mayor, and the City Clerk, and a copy thereof shall be furnished to any person on request. -2- Ordinance No. 1895 2.XX.110 Effeet. Nothing in this chapter shall be construed as restricting or curtailing any powers of the City Council or City officers. This ordinance shall take effect thirty (30) days after its passage. INTRODUCED at a regular meeting of the City Council of the City of Cupertino this 6th day of May, 2002, and ENACTED at a regular meeting of the City Council of the City of Cupertino this 20th day of May, 2002, by the following vote: Vote Members of the City Council AYES: NOES: ABSENT: ABSTAIN: ATTEST: APPROVED: City Clerk Mayor, City of Cupertino -3- CITY OF CUPEP INO City Hall 10300 Torre Avenue Cupertino, CA 95014-3255 Telephone: (408) 77%3220 FAX: (408) 777-3109 OFFICE OF ADMINISTRATIVE SERVICES SUMMARY Agenda Item No. ,TO Agenda Date: May 20, 2002 SUBJECT AND ISSUE Revenue Adjustments to the 2001-02 Operating Budget. BACKGROUND Due to the severe economic downturn of the past 18 months, both revenue and expenditure accounts have been carefully monitored throughout the fiscal year, as discussed in the financial status updates given at each Council meeting. At the meeting of May 6, nearly $800,000 of budgetary savings that had been identified by the departments served to reduce the fiscal year's budgetary deficit. The City's revenue budgets for 2001-02 now need to be adjusted the to reflect the recession's impact, and provide a clearer picture of the draw required fi-om the Reserve for Economic Uncertainty. FISCAL IMPACT The total of revenue deductions fi'om the General Fund per this analysis is over $3 million. Included is an adjustment for the retraction of the sale of property ($1.5 million) until more favorable economic conditions exist. Another $2.7 deductions are recommended to adequately reflect the drop in tax revenues hardest hit by the downturn (Sales taxes, TOT, [JUT, and property transfer taxes.) In addition, budgets for Enterprise Fund program revenues should reflect a $355,000 decrease. All budget adjustments being requested are shown on the attached schedule. RECOMMENDATION: Staff recommends approval of the budget adjustments per the attached schedule. Submitted by: Carol Atwood Administrative Services Director Approved for submission: David W. Knapp City Manager Printed on Recycled Paper ~ O ~ l. City of Cupertino 2001/02 Budgetary Revenue Adjustments Generni Fund Taxes Property Taxes 110-0000-4010 204,000 Sales Taxes 110-0000-4020 - 1,952,000 ] Transient Occupancy Taxes 110-0000-4030 -500,000' Utility Users Taxes 110-0000.4040 -500,000 Franchise Fees 110-0000.4050 294,000 Other (Property Transfer) Taxes 110-0000-4060 -295,000 Licenses and Permits IZoning & Planning Fees 110-0000.4110 98,600 Use of Money and Property i Investment earnings t 110-0000-4211 -255,500 Charges for Services !Engineering Fees 110-0000-4530 118,100 i Other Service Charges (False Alarms) 110-0000-4550 36,000 Miscellaneous Revenue - 1,500,000 i Sale of Property 110-0000-4812 i Other revenues !110-0000-4811 I -70,000 Operating Transfers In ~From Park Dedication Fund [ 10-1000-4910 i 900,000[ HCD Rehab Loan Fund [ 50,000 !Other revenues ]261-0000.4212 Park Dedication Fund ~Park Dedication Tax I280-0000.4080 900,0001 Enterprise Funds Blackberry Farms i Blackberry Farm fees 560-0000.4610 -200,000 Sports Center !Investment earnings 570-0000-4211 -28,000 [Rental revenue 570-0000-4236 39,000 , Charges for Services 570-0000-4630 -84,000 Recreation Program Investment earnings 580-0000-4211 - 10,000 iCulmre Program fees 580-0000-4660 -42,000 !Youth and Teen Program fees 580-00004710 -25,000 i Physical Programs fees 580-0000-4730 -55,000 ', Total Budgetary Revenue Adjustments -$2,876,800, CITY OF CUPFP INO PARKS AND RECREATION ADMINISTRATION Agenda Item Number STAFF REPORT Agenda Date: May 20, 2002 SUBJECT: Cupertino High School Field House Storage Addition Consider committing $57,800.00 of general fund money to construct an addition to the Cupertino High School field house, so that table tennis equipment can be stored on site, and purchasing table tennis equipment for an additional $9,000. BACKGROUND Staff has been working with Fremont Union High School District (FUHSD) staff on an opportunity to offer a table tennis program in Cupertino. FUHSD is constructing a new field house at Cupertino High School. After the field house is completed, the existing gym will be renovated, so extra gym time will not immediately be available, but ultimately the capacity will be doubled for non-peak use times. The school has pent-up demand for gym space during the after school/evening hours, but more opportunity for community use will exist in the later evenings and on Sundays. District staff has begun to draft an agreement for city use of the space that would guarantee the city use for eight hours on Sunday for 48 Sundays per year. The district would reserve the right to schedule the field house four times per year with 15-days notice. The district agreed to bid the storage room with its field house project as an add-alternate bid item. The bids were opened on May 14, 2002. The low bidder for the project bid the field house alternate at $47,000; district 'soft costs' at 23 percent brings the total construction cost to $57,800. Staff would expect to spend $9,000 for equipment for a total capital investment of $66,800. The cost to open the gym on Sundays would be $436 for eight hours. This is based on current district rental costs of $14.50/hr. for rental fees and $40.00/hr. for a district custodian. Using part-time city staffto open the gym on Sundays would reduce the cost considerably, but the district cannot allow the facility to be staffed by non-union personnel without union concurrence. Staff believes that $5.00 for drop-in table tennis play is about the maximum charge to get the program started. Given that, it would take 88 players per Sunday to break even given the cost to Printod on Recycled Paper Cupertino High School Field House Storage Addition May 20, 2002 Page 2 of 2 open the gym. Staff would recomrnend the Council budget $10,900 to subsidize this program at 50 percent for the first year of operation ($218/week x 50 weeks = $10,900). Alternative: Staffhas looked at the area in the sports center that Nova Care was renting and would suggest creating a multi-purpose room that can accommodate 4 table tennis tables within the sports center. We can schedule them based on demand; the public would have more times available for play. However, this would require structural changes and should be considered in the context of the Sports Center remodel/rebuild. FISCAL IMPACT Providing table tennis through the school district would cost $66,800 in capital and $10,900 in first-year operations. STAFF RECOMMENDATION Staff recommends that City Council not proceed with the storage addition to the field house at Cupertino High School, but use space at the Sports Center to provide this program to the community. SUBMITTED BY: Therese Ambrosi Smith, Director Parks and Recreation DePartment APPROVED FOR SUBMISSION TO CITY COUNCIL: DaSd Knapp, City Manager CITY OF CUPE INO City Hall 10300 Torte Avenue Cupertino, CA 95014-3255 (408) 777-3354 FAX (408) 777-3333 PUBLIC WORKS DEPARTMENT AGENDA ITEM Summary AGENDA DATE May 20 ~ 2002 SUBJECT AND ISSUE Report on the status of the traffic barrier gate at Pacifica Avenue near Tone Avenue BACKGROUND In the mid to late 1980's considerable dialogue occurred between the City and the neighborhoods adjacent to City Hall along Pacifica Avenue regarding cut-through traffic on Pacifica from the major street network in those neighborhoods. The conclusion of these discussions was an action by the City Council in January 1986 to close Pacifica to through traffic during the morning and evening peak hour. Initially the staff placed barricades across the street during this time to comply with the Council's direction. This effort was very time consuming and diverted maintenance staff from their primary responsibilities. To minimize these costs, the Public Works Department designed and constructed an automatic steel gate which by its operation closed the street during the peak hours. That gate has remained in operation (through two replacements due to age and damage) until recently. On April 10, 2002, a Sheriff's Deputy in pursuit of an urgent life threatening call was forced to travel down Pacific Avenue by the gate and in attempting to go around the gate structure struck a portion of the gate, severely damaging the structure and rendering it inoperable. It remains open and in a state of disrepair at this time. Staff has investigated the repair of the gate and it appears that repair parts can be acquired in the next 4-6 weeks and the cost to repair the gate is approximately $5000. At this time, staff is suggesting that, prior to proceeding with the repair of the gate, the City Council may wish to revisit this issue in light of changing circumstances since the decision was made in the mid 1980's. Alternatives for the Pacific Avenue Street Closure At this time, the street closure is a matter of Council Policy. Absent any alternative courses of action the City staff is obligated to comply with the existing policy and repair the gate and restore it to full operation. However, in lieu of the immediate repair of the gate, the Council may consider the following alternatives: 1. Eliminate the gate and open Pacific Avenue to through traffic. Since the time when the gate was broken there does seem to be an undue increase in traffic and it is likely that the conditions which were present in the mid 1980's are no longer applicable. In staff's observation, it appears that very little increase in traffic has occurred during the peak hours when the gate had been closed previously. However, no formal studies or traffic counts have been conducted during that time. 2. Leave the gate open and study current traffic impacts: Since the gate was installed a number of improvements have been made to move traffic through the area. State Route 85, the West Valley Freeway, opened in 1994 and diverted a substantial number of through trips off of City streets. In addition, signal and turning lane improvements have been made on De Anza Boulevard and Stevens Creek Boulevard, both of which have expedited traffic movements around this area. Also the Town Center project to the west of the Civic Center is proposing housing and commercial development, along with the new library and civic center, and traffic impacts from those projects will need to be assessed and Pacific Avenue, whether open or not, will be a component of that effort. As with many community issues, the gate has its supporters and detractors. Short of restoring the gate to its former operation, even the supporters favor a test period. Since there have been limited impacts thus far, gate supporters are concerned that those neighbors who have not yet experienced the problem may not feel the need to support a full gate operation. Consequently opponents of the gate, short of deciding to take it out, would prefer free mobility through the gate for as long as possible. Given the concerns that remain in the neighborhoods, the imminent development of the · Town Center Project, the completion of the new library and civic center, it would seem prudent to study the impacts of these developments along with the current conditions which are considerably different than those that existed in the mid 1980's. Further, it would seem to make sense to leave the gate open for the time being and evaluate the current situation before making any decision about the future of the gate. Staff could evaluate that situation over the next few months and provide a preliminary report of findings to the Council in August of 2002. Staffhas notified all residents in the area of the Council's interest and consideration of this item at the May 20, 2002 Council meeting. STAFF RECOMMENDATION It is recommended that the Council direct staff to leave the gate on Pacific Avenue open and request that staff conduct the appropriate traffic studies to report to the Council in August 2002 with appropriate recommendations. Submitted by: Approved for submission: Director of Public Works David W. K_napp City Manager CITY OF CUPEP INO City Hall 10300 Torte Avenue Cupertino, CA 95014-3255 (408~ 77%3354 FAX (408) 777-3333 PUBLIC WORKS DEPARTMENT Summary AGENDA ITEM 23 AGENDA DATE May 20 ~2002 SUBJECT AND ISSUE City Center Park/Plaza Project Implementation at the Four Seasons Park Site (southeast comer of Stevens Creek Boulevard and De Anza Boulevard) BACKGROUND On April 15, 2002 the City Council received a report from staff outlining the status of the implementation of the improvements for a public plaza at the southeast comer of Stevens Creek and De Anza Boulevards on what is known as the "Four Seasons Park" site. There are two components to implementing and ultimately developing this property as follows: Interim Improvements-Hotel Opening: There are some interim improvements that have been requested by the hotel developers at this comer in conjunction with the accelerated opening of the hotel. The purpose of doing these now is that the schedule for completion of the Verona apartments is not until sometime in 2003 such that the full park site could not be completed until that time, and Kimpton has advised the City that the hotel opening is scheduled to occur on July 1, 2002. A sketch of these interim improvements (estimated at approximately $50,000) was provided to the Council on April 15, 2002 and is attached to this memo. Funds are available for this work in the adopted 2001-2002 Capital Improvement Program (CIP). Prometheus has indicated that it can rearrange its construction staging area in accordance with the interim plan to accommodate the improvements to meet the July deadline. The Public Works Department is prepared to advertise the project and award a contract to the low bidder on a schedule, presuming Prometheus' staging area is relocated in time, that will also meet the hotel's opening. Completion of Plaza on Four Seasons site-Apartment Opening: As noted above the Verona Apartments project is on a schedule that will preclude constructing the plaza project over the entire site until early 2003. That design is currently under development and the cost is still being refined. Staff secured the services of Paul Leitteri of the Guzzardo Group (Landscape Architects) to design the plaza. The conceptual drawings are attached for the Council's review. A preliminary budget estimate has been developed and proposed for the 2002-2003 Capital Improvement Program (CIP) as follows: Interim Improvements (Hotel) Plaza Design and Construction Crosswalk Enhancements Public Art in the Plaza $ 50,000 1,050,000 200,000 150,000 Total Project Budget Estimate $ 1,450,000 Currently budgeted Funds available (788,000) Additional Funding Required FY 2002-2003 $ 662,000 In order to proceed with the project as presently proposed, the 2002-2003 CIp would require an additional $662,000 in General Fund appropriations. This report is for the Council's information and discussion and no action is required at this time. Submitted by: Director of Public Works Approved for submission: David W. Knapp City Manager City Ce Cupertino, California nter P a Plaza Interim Plan April 4, 2002 · Construction staging area for Verona Apartments fenced in. · Fire access for apartments in construction staging area. · Trees to remain in boxes. · Existing signs to remain. Z a April 8,2002 THE GUZZARDO PARTNERSHIP~NC. Landscape Architects. Land Planners 836 Montgomery Street San Francisco. CA 94133 T415 433 4672 F 415 433 5003 City Center Cupertino, California PI a Approved Plaza Pla~ February 1, 2000 · Space for single sculpture · Pedestrian access to retail areas · Trees on Stevens Creek Boulevard and DeAnza Boulevard · Fire access along Cypress Hotel and half of Verona Apartments retail frontage. Z a April 8,2002 THE GUZZARDO PARTNERSHIP INC. Landscape Architects. Land Planners 836 Montgomery Street San Francisco. CA 94133 T 415 433 4672 F 415 4)3 5003 HOTEL City Center Cupertino, California Plaz Plaza Concept April 8,2002 March 20, 2002 · Rotated grid 45 degrees to relate to axial view instead of the roads · Pedestrian access to retail areas · Street trees on DeAnza Blvd., Stevens Creek Blvd. trees relate to plaza · Fire access from intersection not required. · Water feature near corner, pool of water added. · Trellis feature facing toward lawn. Bus stop shelter details to match trellis. · Garden planting in front of Cypress Hotel. · Signage for retail added to St/~l~;~J~:~~. ~ PARTNERSHIP ~NC. Landscape Architects. Land Planners a 836 Montgomery Street San Francisco, CA 94133 T 415 433 4672 F 415 433 5003 Plaza Concept Aerial View March 20, 2002 · Lawn added at intersection. Water Feature visible from intersection. · LED lights from intersection to back of retail frontage. · Signage for Plaza City Ce Cupertino, California nte r PI aza April 8,2002 THE GUZZARDO PARTNERSHIP ~NC. Landscape Architects. Land Planners 836 Montgomery Street San Francisco. CA 94133 T 415 433 4672 F 415 433 5003 Plaza Concept Eyelevel View March 20, 2002 View from back corner of Cypress Hotel to intersection. · Trellis feature for shade and seating. Positioned to look over lawn area. · Bollard lights to enclose space. Sunken lawn. · Garden planting at Cypress Hotel City Center Cupertino, California P aza April 8,2002 THE GUZZARDO PARTNERSHIP ~N¢. Landscape Architects · Land Planners 836 Montgomery Street San Francisco. CA 94133 T 415 433 4672 F 415 433 5003 THE FOLLOWING ITEMS WERE PRESENTED AT THE MEETING Proposed Sites for Artworks I~ass lawn continues Retaining wall Parking area Plaza with fountain ~- Entry Alves St. 1. Entry to Quinlan Center - Right-hand side 3. At corner of Stelling Rd.& Alves St. 2. Entry to Quinlan Center- Left-hand side 4. On lawn at rear of Quinlan Center bjpsites_quinlan Proposed Sites for Artworks Memor ~ Gra~knoll Pond Gra ss lawn .( Quinlan Center Parking Area LLIlIII Alves St. to II ,, On grassy knoll between Quinlan Center Memorial Park bJpsites_5_quinla n Proposed Sites for Artworks Mary Ave. [] Senior C Memorial P~ark ~ 6. In front of Senior Center at comer of Stevens Creek & Mary Ave. 7. On lawn in front of Senior Center bjpsit~_6,7_senior Proposed Sites for Artworks Sports Center Tennis Courts Stevens Creek Blvd. Cupertino Sports Center Sign · Cupertino City Hall Sign Cupertino City Hall 8. At corner of Stevens Creek Blvd.& Stelling Rd. 9. At corner of Torte Ave.& Rodrigues Ave. Enactment of Ordinance No. "Minor Modifications to CMC 11.34, Roadway Design Features Relating to the Installation of Road Bumps" Argument Against: ,XHIBIT I. Purpose: This is a request for a City Council vote of "No" with regard to amendment or modification of current CMO 11.34 requirements affecting road bump visibility, road bump placement at curves and intersections, and distances between road bumps per CMC 11.34.030 (H), (I), and (J). I1. Argument Against: Road bumps are a design feature and are not approved traffic control devices. A road bump, unlike a traffic sign, is an invasive impediment placed in the middle of a roadway, singularly, for that purpose. There is an assumption that the provisions in CMC 11.34.030 exist not only to assure the proper functionality of the road bump for the public welfare, but to assure the safety aspects of an impediment placed the in middle of the roadway for which the ability of a motorist to see and react is always required. In this regard, the current provisions of CMC 11.34.030 are not restrictive, nor do they warrant an amendment or modification that would otherwise make these provisions moot. The City can rightly conclude that residential streets do not require the same extent of safety controls as may be required for a freeway or thoroughfare. The City may assume that motorists should be driving on residential streets with the expectation that a child will run out into the roadway at any moment. This may lead to an assumption that since motorists are driving slowly anyway, the placement of a road bump doesn't really matter. The assumption of residential speed limits of 25 MPH may be false. In real terms, there is probably no residential street in the City of Cupertino that could be found to not warrant the installation of a road bump. To address both the public welfare and safe driving conditions, and in light of increased requests, the placement of road bumps needs to continue to be criteria based rather than discretion based. The provisions of CMC 11.34.030 (H), (I), and (J) are not restrictive. They are specific criteria designed to balance the need for public safety and safe driving conditions with respect to the placement of road bumps. See Appendix 1 - CMC 11-34. Enactment of Ordinance No. 1896: "Minor Modifications to CMC 11.34, Roadway Design Features Relating to the Installation of Road Bumps" Argument Against: III. At Issue: There is no mandate that road bumps be installed in pairs, as appears to be preferred by the City. In the short term, any proposed change to CMC 11.34.030 will allow the City to achieve an apparent objective of placing one more speed bump on Maxine Ave. If the current language of the code were applied, the installation of that road bump would be precluded because the 150-foot dimension to the next intersection would place that road bump in the middle of the driveway of an adjacent residence. However, one road bump can (and will) be installed successfully within the existing provisions of CMC 11.34.030. This single road bump installation is at a point on Maxine Ave that will already assure maximum benefit for the public welfare and safe driving conditions. It is placed at a point on the street that sees the most traffic, that would allow for the fastest speed build up, that can be seen clearly from the opposite end of that short street, and whose installation and visibility would solely mitigate any chance for excessive speed along the entire street. See Appendix 2 - Parcel Map of Maxine Ave. In the long term, and irrespective of Maxine Ave., the public welfare and safe driving conditions to assure a motorist can safely see and react to future placement of road bumps at curves and intersections may be jeopardized throughout the city when switching from a policy of criteria based decision making to discretion based decision making. IV. Discussion: DMV Handbook, 2002, "Safe Driving Practices; Visual Search (Seeing Well)", asks, "How Well Can You See and Stop? If something is in your path, you need to see it in time to be able to stop. Assuming you have good tires and brakes, and dry pavement: At 55 MPH, it takes about 400 feet to react to something and to bring the car to a complete stop. At 35 MPH, it will take about 210 feet to react and bring the car to a complete stop." In discussion with Traffic Engineers, 210 feet is a conservative estimate; 260 feet would be more realistic. Obviously, a road bump does not require a complete stop. But it does require a motorist to see and always react to slow a car for an impediment in the middle of the roadway, even at 25 MPH. Although road signs at road bumps indicate 15 MPH, the installation of a road bump requires that a car driving at 25 MPH slows down to at least 10 MPH to safely and comfortably cross over the impediment. Enactment of Ordinance No. t896: "Minor Modifications to CMC t 1.34, Roadway Design Features Relating to the Installation of Road Bumps" Argument Against: V. Summation: The city has a history of installing road bumps that comply with all aspects CMC 11.34.030. "Shall be one hundred and fifty feet", was written to provide for both public welfare and safe driving conditions with regard to a motorist's ability to see and react to a permanent impediment placed in the middle of a roadway. The City takes pride in holding its residents to standards that promote the public welfare. Laws are amended by the City Council to exclude loopholes, or otherwise bad provisions that could impact the common good of all Cupertino residents. Issues of public welfare and safe driving conditions are paramount in this city as demonstrated by the current provisions for the safe placement of road bumps in CMC 11.34.030. CMC 11.34.030 as currently written has no loopholes or bad provisions that require revision. To the contrary, these provisions were written with purpose and forethought to deliberately and specifically address the public welfare and safe driving conditions with regard to the placement of speed bumps. Please allow the City to continue to hold itself to the same standards for which it holds its residents without changing criteria based provisions to discretion based provisions. With regard to the placement of road bumps at curves and intersections, please vote "No" to the proposed amendment of CMC 11.34.030. As it stands, it is consistent in addressing the needs for the public welfare. It is consistent with DMV Handbook, 2002, guidelines for safe driving conditions. It was good code then. And in light of city requests for more road bumps, it is even better code now. Appendix 1. CMC 11.34.030 Appendix 2. Parcel Map of Maxine Ave. Respectfully Submitted, David Erck 10728 Maxine Ave, Cupertino, Ca. 95014 ..... t~t .................................................. David Knapp Page I of l From: Linda Lagergren Sent: Monday, May 20, 2002 10:52 AM To: David Knapp Subject: FW: Pacifica Drive gate Dave: FYI.--Linda ..... Original Message ..... From: Dorothy Stow [mailto:dastow@pacbell.net] Sent: Sunday, May 20, 2001 10:37 AM To: richard@lowenthal.com; sjames@cupertino.org; mchang@cupertino.org; pkwok@cupertino.org; Dolores Sandoval Subject: Pacifica Drive gate Hi Richard, Sandy, Michael, Patrick and Dolly A Notice of Meeting was mailed to all members of the community that adjoins Pacifica Drive. It invited us to come to the meeting tonight and voice our opinions about whether the Pacifica Drive gate should be reinstalled. In talking to several of you, it was our understanding that at the meeting tonight, you were not going to make any final decisions but for now were going to leave the gate open to see whether the traffic really was a problem. We were not planning to attend tonight if you are going to defer the decision. We are preparing a petition to ask that the street remain open but it will not be completed by tonight. We will probably have in excess of 100 names. Before the opening of Highway 85, all streets in Cupertino were overrun with commuter traffic. First a few people on Blaney noisily complained until stopsigns were installed. The stopsigns further slowed traffic and caused drivers to cut through the neighborhoods. A few of these people complained and thus the street closure at Pacifica was passed by the City Council. The Council said it was just until Highway 85 would open! Here we are about ten years later and the closure is still a possibility. Most of the neighbors of the Pacifica area have for many years been inconvenienced and forced to often do many unsafe maneuvers to circumnavigate the street blockage. We have always been taught that if you live on a street that is connected at each end to busy streets that you will have traffic. This is the case on Pacifica. Please let us know if you will be making a final decision on Pacifica tonight and we will attend. Thanks for always listening to us. Darryl and Dorothy Stow 5/20/02 Public comment for item Number 22 regarding Pacifica Drive barrier (May 20, 2002) Nancy and Sheldon Orton 10526 Whitney Way They commented that they like the barrier down. The problem when it's up is that people cut down Silverado and tear around their comer and it's very dangerous. He said it was like a balloon that when you squeeze one end, the other end gets big and he related that to the flow of traffic being bad at one end with the barrier up and at the other end with the barrier down. EXHIBIT Public comment for item number 22 regarding the Pacifica Drive barrier (May 20, 2002) Kathleen Hansen 20295 Silverado Her comments include that she is glad the gate is down because it has cut down the traffic on her comer. When the barrier was up, all the traffic came through her street and it was dangerous and congested. EXHIBIT Road Bum Placement More and More Requests for Road Bumps.. Requires Tighter Controls on Road Bump Placement- Not Less Control. Approaches for Road Bump Placement When the Placement of a Road Bump that Complies with CMC 11.34.030 is Adequate and Effective to Abate the Hazard for the Public Welfare, Don't Install More Road Bumps Than Are Required. Review Criteria for Road Bump Placement 'Flexibility and Discretion' and Maintain Written Minimum Acceptable Engineering Tolerance Criteria for All Road Bump Placement Provisions. Consider Alternatives: - A STOP Sign is Much More Effective that a Road Bump. - A Divided Median on a Wide Street is as Effective as a Road Bump. Sam le Wa s to Work Within the Existin CMC 11.34 Criteria: (i.e. Maxine Ave.) Install (1) Road Bump because it meets existing CMC 11.34.030 and is Effective. Do Not Install ~ Road Bump and Install 3-Way STOP Signs at Maxine Ave. and Hibiscus Dr. Install (1) (CMC 11.34) Acceptable Road bump and Install 3-Way STOP Signs at Maxine Ave. and Hibiscus Dr. Enactment of Ordinance No. 1896: ~'-' "Minor Modifications to CMC 11.34, Roadway Design Features Relating to the Installation of Road Bumps" Argument Against: I. Purpose: This is a request for a City Council vote of "No" with regard to amendment or modification of current CMC 11.34 requirements affecting road 'bump visibility, read bump placement at curves and intersections, and distances between read bumps per CMC 11.34.030 (H), (I), and (J). II. Argument Against: · Road bumps are a design feature and are not approved traffic control devices. A road bump, unlike a traffic sign, is an invasive impediment placed in the middle of a roadway, singularly, for that purpose. There is an assumption that the provisions in CMC 11.34.030 exist not only to assure the proper functionality of the road bump for the public welfare, but to assure the safety aspects of an impediment placed the in middle of the roadway for which the ability of a motorist to see and react is always required. In this regard, the current provisions of CMC 11.34,030 are not restrictive, nor do they warrant an amendment or modification that would otherwise make these provisions moot. The City can rightly conclude that residential streets do not require the same extent of safety controls as may be required for a freeway or thoroughfare. The City,may assume that motorists should be driving on residential streets with the expectation.that a child will run out into the roadway at any moment. This may lead to an assumption that since motorists are driving slowly anyway, the placement of a road bump doesn't really matter. The assumption of residential speed limits of 25 MPH may be false. In real terms, there is probably no residential street in the City of Cupertino that could be found to not warrant the installation of.a road bump. To address both the public welfare and safe driving conditions, and in light of increased requests, the placement of road bumps needs to continue to be criteria based rather than discretion based. The provisions of CMC 11.34.030 (H), (I), and (J) are not restrictive. They are specific criteria designed to balance the need for public'safety and safe driving conditions with respect to the placement of road bumps. See Appendix 1 - CMC 11-34. Enactment of Ordinance No. 1896: .;' "Minor Modifications to CMC 11.34, Roadway Design Features Relating to the Installation of Road Bumps" Argument Against: III. At Issue: There is no mandate that road bumps be installed in pairs, as appears to be preferred by the City. In the short term, any proposed change to CMC 11.34.030 will allow the City to achieve an apparent objective of placing one more speed bump on Maxine Ave. If the current language of the code were applied, the installation of that road bump would be precluded because the 150-foot dimension to the next intersection would place that road bump in the middle of the driveway of an adjacent residence. However, one road bump can (and will) be installed successfully within the existing provisions of CMC 11.34.030. This single road bump installation is at a point on Maxine Ave that will already assure maximum benefit for the public welfare and safe driving conditions. It is placed at a point on the 'street that sees the most traffic, that would allow for the fastest speed build up, that can be seen clearly from the opposite end of that short street, and whose installation and visibility would solely mitigate any chance for excessive speed along the entire street. See Appendix 2 - Parcel Map of Maxine Ave. In the long term, and irrespective of Maxine Ave., the public welfare and safe driving conditions to assure a motorist can safely see and react to future plaqement of road bumps at curves and intersections may be jeopardized throughout the city when switching from a policy of criteria based decision making to discretion based decision making. IV. Discussion: DMV Handbook, 2002, "Safe Driving Practices; Visual Search (Seeing Well)", asks, "How Well Can You See and Stop? If something is in your path, you need to see it in time to be able to stop. Assuming you have good tires andbrakes, and dry pavement: At 55 MpH, it takes about 400 feet to react to something and to'bring the car to a complete stop..At 35 MPH, it will take about 210'feet to react and bring the car to a complete stop." In discussion with Traffic Engineers, 210 feet is a conservative estimate; 260 feet would be more realistic. Obviously, a road bump does not require a complete stop. But it does require a motorist to see and always react to slow a car for an impediment in the middle of the roadway, even at 25 MPH. Although road signs at road bumps indicate 15 MPH, the installation of a mad bump requires that a car driving at 25 MPH slows down to at'least 10 MPH to safely and comfortably cross over the impediment. Enactment of Ordinance No. 1896: -:, "Minor Modifications to CMC 11.34, Roadway Design Features Relating to the Installation of Road Bumps" Argument Against: V. Summation: The city has a history of installing road bumps that comply with all aspects CMC 11.34.03O. ;Shall be one hundred and fifty feet", was written to provide for both public welfare and safe driving conditions with regard to a motorist's ability to see and react to a permanent impediment placed in the middle of a roadway. The City takes pride in holding its residents to standards that promote the public welfare. Laws are amended by the City Council to exclude loopholes, or otherwise bad provisions that could impact the common good of all Cupertino residents. Issues of public welfare and safe driving conditions are paramount in this city as demonstrated by the current provisions for the safe placement of road bumps in CMC 11.34.030. CMC 11.34.030 as currently written has no loopholes or bad.provisions that require revision. To the contrary, these provisions were written with purpose and forethought to deliberately and specifically address the public welfare and safe driving conditions with regard to the placement of speed bui'nps. Please allow the City to continue to hold itself to the same standards for which it holds its residents without changing criteria based provisions to discretion based provisions. With regard to'the placement of road bumps at curves and intersections, please vote "No" tb the proposed amendment of CMC 11.34.030. As it stands, it is consistent in addressing the needs for the public welfare. It is consistent with DMV Handbook, 2002, guidelines for safe driving conditions. It was good code then. And in light of city requests for more road bumps, it is even better code now, Appendix 1. CMC 11.34.030 Appendix 2. Parcel Map of Maxine Ave. Respectfully Submitted, David Erck -10728 Maxine Ave, Cupertino, Ca. 95014 llJ4.010 Chapter 11..34 ROADV~AY DESIGN FEATURES Sections: 11~4.010 11~4.020 11J4.050 Road bump--DeFmifioa, A dm~n[~'a~iVe authority. Warrants for the installation and maintenance of road bumps. Road bump---DeFinition. A bmnp is a vertical ~ in the surface of the pavement of three'to three and one-quarter inches at i~s midpoint. The. profile is gcncrally p .arabollc and twelve feet in length.. There is no vertical dis- placem~n't start to finish of the road bump. Thc shap~ is consistent for the full width of the pave- mcat except for the last one foot al each end.' The ends will be tapered so that they arc flush with thc roadway al the edge of pavement or al the tip of a gutIer. (Ord.' 1837, 1999: Ord. 1430 (part), 1987) 1124.020 Administrative authority. There arc cpnferred upon the City Manager those powers and duties necessary for the administration of this chapter.' In addition, there is also conferred upon the City Manager the authority and power to dcsignale"such officers and employees of the City, and.. of othcr'cooperatigg ~public agencies, such as the Sheriff's. Dcpamnent and F'ue Depamnent, as may be required to assist him in carrying out the intent and purpose of this chapter. (Ord. 1838,1999: Ord. 143o (part), 19S7) 1124.030 Warrants for the installation and maintenance of road bumps. Road b .ump~s may be installed and maintained on streets where all of the following criteria'have been and continue to be satisfied. A.' The Oocal or collector) street is a neighbor- hood residential slreet as defined by the California VchiclelCode or by City Council actions. B. The street is no wider than forty feet from curb to curb or from edge of pavcmcnt to edge of pavement. C. The shr.~t contains no mor~' than one'lane-in each direction. D. A speed limit of twenty-five miles per hour has been established in conformance with State law. E. The street is not a lruck route or a transit bus rout~. F. The s~reet has an average annual daily traffic volume of less than four thousand vehicles. G. The sueet has a maximum grade of five percent or less for any scgracnt between intersec- tions. tL Thc minimum distance from an intersection or curve to the road bump shall be one hundred fifty' feet. I. The spacing between road bumps shall be a minimum of four hundred feet and a maximum of five hundred fifty feet. J. Thc road bump is visible for a distance of one hundred f'xfty feet. K. The result of a traffic and engineering survey must indicate a minimum eighty-five pcrccnt ap- proach speed of thir~,y-t',vo miles per hour. (Ord. 1847, 2O0O; Ord. 1839, 1999; Ord. 1,$30 (part), !987) 340