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CC 11-18-02
CITY OF CUPEI INO PARKS AND RECREATION ADMINISTRATION STAFF REPORT Agenda Item Number / Agenda Date: November 18, 2002 SUBJECT Joint study session with the Parks and Recreation Commission regarding the Stevens Creek Corridor Master Plan. The outline for the workshop is: I. Brian Godbe - Q&A regarding findings of the community telephone survey II. Exemise: A goal of the Stevens Creek Corridor Master Plan should be: fill in blank III. Reaffirmation of direction given on September 23, 2002 (Stevens Creek Trail Feasibility Study review) IV. Discussion of major issues BACKGROUND Brian Godbe - Question and Answers Regarding the Community Telephone Survey On October 4, 2002, the City Council received a presentation of background information on City properties in the Stevens Creek Corridor, a summary report from eight focus groups (held last summer) and the results of the community wide telephone survey conducted by Godbe Research. The Parks and Recreation Commission received the Godbe report at their November 7, 2002 meeting; there was little time for questions at either meeting. Brian Godbe will be in attendance to answer remaining questions regarding survey methods and findings at the beginning of the workshop. Staff will address non-survey questions. II. Master Plan Goals The 2002-03 capital improvement budget includes $150,000.00 for the Blackberry Farm/McClellan Ranch Master Plan. This project was carried forward from the late 1990's. The City has since acquired the Stocklmeir property. The Stocklmeir property, Simms property, McClellan Ranch, and Blackberry Farm are the subject of the Stevens Creek Corridor Master Plan (SCCMP). Printed on Recycled Paper Stevens Creek Corridor Master Plan Staff report to City Council November 18, 2002 Page 2 of 3 Many issues regarding the long-term use of these parcels were raised during the Stevens Creek Trail Feasibility Study (SCTFS). We are asking the Council, in a general way, to articulate goals for the master plan project. It will not be possible for the Council to take action at the workshop, but staff will endeavor to summarize Council direction for consideration at a subsequent meeting. When we began the Stevens Creek Trail process, we asked task force members to complete the following sentence: For the SCT project to be successful, it must . Some examples were: · Preserve and restore the natural environment of the creek corridor for the enjoyment of trail users and as habitat for wildlife. · Engage the community in as many ways as possible throughout the planning, design, construction, and operation of the trail. It would be helpful to have Council responses to a similar question so that we understand what is most important in the final master plan. Please complete the following sentence or a similar one: A goal of the Stevens Creek Corridor Master Plan should be An example would be: · A restored riparian habitat. III. Reaffirm Direction Given on September 23, 2002 When reviewing the SCTFS, Councilmembers stated a preference for a new revenue collection system that would rely more on payment for services at Blackberry Farm/pool use/etc, rather than an entry fee. There was also a desire expressed to keep the park open year round. Staff is proceeding based on this direction. IV. Discussion of Major Issues There are five other issues that should be addressed before the planning process can move forward. Staff is summarizing these now and would like to know how the Council would ultimately like to resolve them. Blue Pheasant There is a pressing need to communicate to the Blue Pheasant leaseholders what the terms ofa renegotiated lease might be if the Council is interested in cominuing to lease the facility. The current lease expires March 31, 2004. Market rate for the lease is higher than the amount we currently receive. Beyond the issue of revenue is the impact of late night operation to the surrounding residential neighborhood. The current leaseholder is interested in remaining on site depending on the terms of the lease. Testimony received in focus groups and through the community survey, indicate general support for the Blue Pheasant operation up to 10 or 11 p.m. Since there is no current community use identified for the Blue Pheasant, staff recommends renegotiating the lease at market rate through March of 2007. Staff further recommends a requirement that the business owner apply for a use permit as a condition Stevens Creek Corridor Master Plan Staff report to City Council November 18, 2002 Page 3 of 3 of any new lease. Staff believes that through the use permit process, the Planning Commission can work out the neighborhood issues. Blackberry Farm Entrance The second issue involves the entrance to Blackberry Farm. There are two arterial streets from which access to the SCC can be taken: McClellan Road and Stevens Creek Boulevard. Staff requests direction from the Council regarding whether or not both streets should be analyzed as major accesses. This question, in some ways, ties into the next item. Considering Changes to the McClellan Ranch Master Plan McClellan Ranch has an existing master plan adopted by a prior Council. As part of the SCC master plan, some changes may be considered. The process would have to include public hearings to amend the existing plan. Staff acknowledges that the process to amend the McClellan Ranch Master Plan must be followed. Recreation Amenities Do Councilmembers want to explore the possibility of identifying sites for future recreational amenities in the SCC? Through the General Plan process, we discovered that we really have few park sites of sufficient size for the construction of a community gymnasium or a municipal pool. The comer of Stevens Creek and Stelling may one day be the location of an expanded sports complex, but if that occurs, the tennis center will need to be relocated. Staff believes that stream restoration, habitat protection and tennis, or some other recreational offering, can co-exist in the corridor. Staff would like Council to authorize this analysis. Finally, some aspects of the master plan may involve redesign of the golf course to accommodate open space, recreation, access, circulation, or parking. When we get to that point, it may be necessary to hire a golf course designer to look at the course and make recommendations. Staff will report back to the Council when this occurs to determine whether or not the support for golf is strong enough to warrant the expense of redesigning part of the course and ultimately rebuilding it. From the community survey data received, it is the least used amenity in the corridor. SUBMITTED BY: Therese Ambrosi Smith, Director Parks and Recreation Department APPROVED FOR SUBMISSION TO CITY COUNCIL: David . ~app?C~ty Manager CUPE INO DRAFT MINUTES CUPERTINO CITY COUNCIL Regular Adjourned Meeting Monday, November 4, 2002 CALL TO ORDER At 5:04 p.m. Mayor Lowenthal called the meeting to order in Conference Room C, 10300 Torre Avenue, Cupertino, California. 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. Planning Commissioners present: Chairman Charles Corr, and Commission members Gilbert Wong, Taghi Saadati, Angela Chen, and Marc Auerbach. Staff present: City Manager David Knapp, Administrative Services Director Carol Atwood, City Attorney Charles Kilian, Community Development Director Steve Piasecki, Senior Planner Aarti Shrivastava, Public Works Director Ralph Quails, and City Clerk Kimberly Smith. ORAL COMMUNICATIONS Dennis Whitaker, 20622 Cheryl Drive, said that traffic problems prevent a right turn on McClellan Avenue coming out of the Albertson's shopping center. He also asked about plans for the 4th of July fireworks, and said that it is best to have only one event instead of trying to offer entertainment in two areas. Irv Conens, 10480 Pineville, said that the DeAnza College flea market is causing parking problems as well. STUDY SESSION Joint session with the Planning Commission, meeting with representatives of the Chamber of Commerce and all other interested parties, regarding the proposed Downtown Village Specific Plan. November 4, 2002 City Council Minutes Page 2 Council was provided with copies of the Draft Downtown Village Plan dated October 23, 2002, and a staff report dated November 4, 2002. Senior Planner Aarti Shrivastava gave a slide presentation and highlighted the major features of the plan, which is intended to be a high-quality pedestrian-oriented area which will include: · 20-foot sidewalks with street trees and street furniture · Adding a parking lane, require parking on sides and rear of lots, and replacing bus duck-outs with curbside stops · Allow buildings to be placed at the edge of the sidewalk along Stevens Creek Boulevard · Requiring active retail uses on the ground floor along Stevens Creek Boulevard · Allowing maximum building heights of 45 feet, with a height exception to 55 feet along Stevens Creek Boulevard if the building will have pitched roofs · Allowing underground parking. She said the streetscape plan would be done in two changes, with the travel lane changes, sidewalk width changes, etc. occurring in the first phase. The second phase will include enhancements to public transit, and undergrounding transformer equipment and power lines. A General Plan amendment will be needed to increase the building heights, as well as some exceptions to the Heart of the City Specific Plan. It is believed that the development of this village can help attract businesses such as bookstores and restaurants. Staff responded to questions from the public, including Orrin Mahoney, Michael Folkes, Mark Burns, Penny Whitaker, Irv Conens, and Dennis Whitaker. Staff explained that not all of the existing buildings and shopping centers are expected to convert to the new plan. There are currently about 10-12 buildings now that may change, and perhaps another 10.- 12 in the future. This will be the only downtown area that will have six lanes, but Willow Glen and segments of Walnut Creek have four lanes with on-street parking. Street trees will be planted 25-30 feet apart, and will have a very high first canopy, such as London plane trees, so the first floor of the buildings will not be hidden. The Heart of the City Specific Plan already requires street trees, this plan simply changes the type of trees. There are also exceptions allowed for entrances to buildings, and driveways. Street medians will still be landscaped, but the landscaping will be mounded, with trees. Underground parking is not required, but would be allowed. There are two-story height restrictions on buildings that are near single-story homes, and the Planning Division will be very sensitive to any impacts on the neighbors from parking lighting, and traffic in the back of the buildings. November 4, 2002 City Council Minutes Page 3 The Planning Commissioners and Council members shared their comments and concerns. Marc Auerbach was concerned that the buildings would still not be tail enough to frame the street. Gilbert Wong noted that increased traffic might cause vehicles to relocate through nearby neighborhoods. Sandra James felt much more community input was needed, and the traffic study should be done before the Council decides to proceed with the project. Patrick Kwok also felt the process should be slowed down, and suggested notification to all addresses within a mile of the project. He also did not like the parking situation or the height exception for the pitched roofs. Michael Chang felt there should be feedback about the developer's intentions, whether this would truly be a downtown. Sandoval agreed that the project's timeline is very accelerated, and that it should not be called a downtown village. She aiso said that careful thought should be given to cyclist safety as they ride past parked cars. She asked if was possible to find out why vacancies have occurred in the shops by Mervyns and Pier 1, among others. JoAnn Leonard, representing the Chamber of Commerce, said their goal was to work with the city to attract more business. Their main concern had been about proposal to remove lanes of travel, but that has been withdrawn. They also felt the project was moving too quickly. Dave Howser, representing the Chamber of Commerce, said their main concern had been about the removal of lanes. He asked if the on-street parking would block views to buildings that are set far back from the street. Mark Bums, representing the Chamber of Commerce said there should be more synergy between residents, businesses, and the city, and he suggested collecting input from nonvoters such as those who drive in to work, eat, and shop in this community. Richard Lowenthal agreed that calling the project a downtown village is troublesome, and he suggested the "Stevens Creek Streetscape." He also was in favor of more outreach to the community, perhaps a community congress or letters sent to homes and businesses. Steve Piasecki said the project will be heard at the Planning Commission on Monday night, because that hearing had already been advertised, but after that they will slow it down and get more public input. RECESS Council was in recess from 6:30 p.m. to 6:52 p.m. PLEDGE OF ALLEGIANCE At 6:55 p.m. Mayor Lowenthal called the meeting to order in the Council Chambers, 10300 Torre Avenue, Cupertino, California, and led the Pledge of Allegiance. November 4, 2002 City Council Minutes Page 4 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. Staff present: City Manager David Knapp, Administrative Services Director Carol Atwood, City Attorney Charles Kilian, Community Development Director Steve Piasecki, Associate Planner Peter Gilli, Assistant Planner Gary Chao, Senior Building Inspector Greg Casteel, Parks and Recreation Director Therese Smith, Public Information Officer Rick Kitson, Public Works Director Ralph Quails, Information Technology Manager Mariyah Serratos, and City Clerk Kimberly Smith. CEREMONIAL MATTERS - PRESENTATIONS 2. Award commendations to the Bicycle Pedestrian Advisory Committee members. Mayor Richard Lowenthal presented the commendations to the former members of the Bicycle Pedestrian Advisory Committee, which was terminated when the Bicycle Pedestrian Commission was formed. Those present to receive the commendations were: Naomi Bloom, Stuart Chessen, David Greenstein, Anne Ng, and Don Burnett. Commendations will be sent to Bernie Album, Dick Blaine, Doug Herrick, Fred Holmes, Joellen Jarvi, Judith Johnson, Chris Klein, Lauren Lechner, Joseph Stem, Phil Underwood, and Joe Walton. Proclamation recognizing the Santa Clara County Library as the number one library in its population category according to Hennen's American Public Library ratings. Mayor Richard Lowenthal presented the proclamation to Cupertino Librarian Mary Ann Wallace. Also present were representatives from the Cupertino Library Commission, the Cupertino Library Foundation, and the Friends of the Cupertino Library. Demonstration of new City of Cupertino web site and how to view Council meetings online. Information Technology Manager Mariyah Serratos and consultant Shane Ginsberg of Razorfish gave an overview of the changes and new features of the city's website. A streaming video from the web site was shown to illustrate how the City Council meetings and other televised items can be viewed on demand. POSTPONEMENTS - None November 4, 2002 City Council Minutes Page 5 WRITTEN COMMUNICATIONS - None ORAL COMMUNICATIONS Laura Wulfhorst, 10255 Oasis Court, complained about the increases in the water bill for her five-plex building since San Jose Water has begun providing service. She said that that company required that she get a 1-½ inch pipe going into the house, and her bill is now $122 per month. The same service would be $66 in Sunnyvale, $68 from Cai Water, and $58 from Santa Clara Water. Mr. Josue Garcia delivered a letter dated November 4, 2002, from Neil Struthers of the Santa Clara & San Benito Counties Building and Construction Trades Council. The letter was in response to the City Attorney's letter regarding finding ways to enforce prevailing wages. CONSENT CALENDAR Sandoval/Kwok moved to approve items on the Consent Calendar as recommended, with the exception of items 8 and 16, which were pulled for further discussion. Vote: Ayes: Chang, James, Kwok, Lowenthal, Sandoval. Noes: None. 5. Approve the minutes from the October 21 City Council meeting. Adopt a resolution accepting Accounts Payable for October 18 and 25, Resolution Nos. 02-192 and 02-193. 7. Adopt a resolution accepting Payroll for October 25, Resolution No. 02-194. Approve request from the De Anza Optimist Club for waiver of fees in the approximate amount of $100.00 for use of the Quinlan's Cupertino Room for their annual awards ceremony recognizing local young people who give service to their school and community. 10. Adopt a resolution making determinations and approving the annexation of area designated "Creston Drive 01-04", property located on the north side of Creston Drive between Berkeley Court and Alderuey Court; approximately 0.335 acre, Hsu and Chen (APN 326-12-060), Resolution No. 02-195. 11. Adopt a resolution making determinations and approving the annexation of area designated "Byme Avenue 02-06", property located on the west side of Byrne Avenue between McClellan Road and Dolores Avenue; approximately 0.149 acre, Xu (APN 357-12-038), Resolution No. 02-196. 12. Award fine arts grants totaling $4,000. 3-5 November 4, 2002 City Council Minutes Page 6 13. Accept improvements (on-site grading): BK Development Corporation, 7825 & 7851 Orion Lane, Tract No. 9335 (Wallin Court). No documentation in packet. 14. Reaffirm the 1998 Bicycle Transportation Plan, Resolution No. 02-197. 15. Set a public hearing for December 2, 2002 to adopt a street name for the private street created by Tract 9405, Campo de Lozano, a subdivision located on the south side of Rodrigues Avenue, between Torre Avenue on the west and Blaney Avenue on the east, Resolution No. 02-198. 17. Adopt a resolution authorizing execution of improvement agreement, Cupertino Hotel Associates, L.P. (Cypress Hotel), APN 369-01-037, Resolution No. 02-200. 18. Adopt a resolution authorizing execution of improvement agreement, William A. Hurt, 21860 Alcazar Avenue, APN 357-14-036, Resolution No. 02-201. 19. Adopt a resolution accepting grant of easement for roadway purposes from William A. Hurt, 21860 Alcazar Avenue, APN 357-14-036, Resolution No. 02- 202. 20. Adopt a resolution accepting quitclaim deed from William A. Hurt, 21860 Alcazar Avenue, APN 357-14-036, Resolution No. 02-203. ITEMS REMOVED FROM THE CONSENT CALENDAR (above) 8. Accept the monthly Treasurer's and Budget Report for September 2002. Administrative Services Director Carol Atwood explained that since the city's debt has been refinanced, the utility user's tax is now paying a larger percentage of the debt, even though the tax is currently down by 13%. Sandoval/James moved to accept the report. Vote: Ayes: Chang, James, Kwok, Lowenthal, Sandoval. Noes: None. 16. Adopt a resolution requesting that the Santa Clara Valley Water District Board of Directors defer consideration and action of the proposed new Water Resources Protection Ordinance for six months to allow additional outreach and community input and to provide local agencies and the public sufficient time to analyze and evaluate the impacts of the proposed ordinance, Resolution No. 02-199. Public Works Director Ralph Quails said that staff would be presenting a staff report to the Water District Board on the following day. Kwok~James moved to adopt Resolution No. 02-199. Vote: Ayes: Chang, James, Kwok, Lowenthal, Sandoval. Noes: None. November 4, 2002 City Council Minutes Page 7 PUBLIC HEARINGS 21. Deny appeal of DIR-2002-28 regarding the Director's decision of a minor modification for a 350 square foot addition to an existing residence (Oak Valley), Richard & Elizabeth Adler, 10778 Juniper Court, APN 342-57-004. Mr. & Mrs. Allan Berge and Mr. & Mrs. Jim McCarthy filed the appeal. The Council members were provided with the draft minutes of the Planning Commission meeting of September 23, which had been omitted from their packet. Applicant Richard Adler, 10778 Juniper Court, said that his project requires no variances, and ads only 9% more square footage for a small study & sitting room off the back of his house. He will also need approval from the Oak Valley Architectural Review Board before he can proceed, hut he believed that the Community Development Director and the Planning Commission acted correctly because there is no protection for views across his property. Appellant Jim McCarthy, 23504 Oak Valley Road, distributed some diagrams and photographs showing how the Adler's addition would obstruct the view from his house and that of the Berge family. He said they have repeatedly expressed their willingness to meet and to compromise with the Adlers, but that meeting has not yet taken place. He presented a letter from a realty firm saying that the addition will devalue his own property by about 10%. He said felt the Planning office was biased and had offered no alternative solutions or mediation, and the Planning Commission had mishandled some evidence that was needed for a potential civil lawsuit, and it has either been lost or destroyed. Appellant Allan Berge, 10768 Juniper Court, referred to the agreement between the Roman Catholic Diocese of San Jose, the City of Cupertino, and the O'Brien Group. There is an entire page dedicated to design and visual considerations. He discussed the topography of the site, and submitted a picture to the Council members. He felt that homeowners should be able to add on to their homes, but consideration must also be given to the surrounding neighbors. He noted that if the addition were built, the view from his home would be even more impacted than from Mr. McCarthy's home. Appellant Leslie Berge, 10768 Juniper Court, asked for explanation of why her home is one story, and those across from them are two stories, unless it was because the views were taken into account during this design. Her home is already restricted to a single story, and given the grade, they will have the worst view in the whole neighborhood. November 4, 2002 City Council Minutes Page 8 Council members noted that the applicant's project meets all of the city's requirements, and it was not the Council's function to decide matters of property devaluation or obstruction of views. Council members recommended that the neighbors attempt to reach a compromise that will suit all parties, and to talk to the Oak Valley Architectural Control Committee and the O'Brien Group to see if this proposed addition fits within their guidelines. Sandoval/James moved to deny the appeal and uphold the Planning Director's decision to allow the minor modification. Vote: Ayes: Chang, James, Kwok, Lowenthal, Sandovai. Noes: None. PLANNING APPLICATIONS - None UNFINISHED BUSINESS - None NEW BUSINESS 22. Receive report from the City Attorney regarding prevailing wage claims - Tally Enterprises. City Attorney Charles Kilian reviewed his memorandum to City Council and distributed a copy of a procedures report prepared by Maze & Associates, Accountancy Corporation, working as a consultant to the City of Cupertino, regarding a review of wage rates for a Tally Enterprises project. Sosan Akbar, Law Offices of Martin Deutsch in San Jose, said she represented Mr. Talamantes. He had viewed the videotape of the last meeting in which some comments were made about him, and he did not have an opportunity to speak, so in response she had sent correspondence on his behalf to the City Attorney, with copies to Council. She explained the history of her firm's relationship with Mr. Talamantes since September 2001, in which representatives from the Foundation filed an injunction to prevent harassment for Fair Contracting, who were instigating employees to file claims against Mr. Talamantes. There was also a personal injunction filed against Mr. Colonje, and since that time a lawsuit surrounding three employees has been commenced by Mr. Colonic, which appears to be another attempt to harass Mr. Talamantes and cause him to lose his contact with the City. The Labor Commission has only requested certified payroll records, and she understand that Mr. Talamantes has provided that, but she had gotten no response to phone calls or letters to that office. She talked about the next steps in the process, which would include a hearing, taking of evidence, and a ruling, plus opportunities for appeal. Rogelio Wallace, 4449 Blackbird Avenue, San Jose, said he had worked for Mr. Talamantes since August 1999, and has performed both city and private work. November 4, 2002 City Council Minutes Page 9 Sosan Akbar said that Bernardo Rodriguez, 369 South 21st Street, San Jose, was here tonight to say that he and other workers had been prevailing wages on both private and public works projects, even though Mr. Talamantes was not required to pay prevailing wages on private projects. Josue Garcia volunteered to serve as interpreter. Speaking through Josue Garcia, Bemardo Roclriguez said he had worked for Tally Enterprises for 12 years, and he had worked on jobs for the city and for private people. Fred Herschbach, 760 Emory Street, San Jose, said he was the District Representative for the Operating Engineers, to whom Tally's Enterprises became signatory about 8 months ago. This union also represents about 65 of the city's workers. Since Ralph Talamantes has become signatory to this union, he has paid up to date, and there have been no complaints about payment of wages or fringe benefits. Jim Homer, 23293 Summit Road, referred to the City Attorney's letter which stated there was no longer a concern about wages because the company has signed a collective bargaining agreement. Homer said that as an awarding body, Cupertino is supposed to enforce the state laws and can only award to responsible bidders. Having the company sign an agreement does not expunge it of past criminal offenses, and Mr. Talamantes has admitted he didn't pay training fund contributions. Homer distributed a letter dated August 5, 2002, which he said was an unsolicited letter from a worker, Carmelo Rivera, to State Assemblyman John Durta, regarding a claim against Tally Enterprises regarding prevailing wages and expressing his frustration about how the city and the Labor Commission were handling the matter. He asked that the city retain payment so when Labor Commissioner's decision is known, the City can pay the workers who were not paid prevailing wage. Charles Kilian explained that the city doesn't keep all certified payroll records on file, but for the current contract, city staff and an independent city auditor both reviewed the payroll records and check registers to make certain prevailing wages had been paid. They also requested the same verification be made by Tally's Enterprises' labor union. Kilian said the city did not check the payroll records on earlier contracts because those are under review by the Labor Commission. Sandoval/Kwok moved to defer considering taking any action against Tally Enterprises with respect to the City's contract (a) until after a final determination is made by the Labor Commissioner in December and (b) until after the City Council has conducted a closed session with legal counsel regarding the City's legal options. Discussion followed regarding the feasibility of a Council ad hoc committee to work with the City Attorney and the Public Works Director, to consider options for a pro-active approach regarding issues of prevailing wages, labor compliance, and pre-qualification for future contracts. November 4, 2002 City Council Minutes Page 10 Ralph Qualls discussed the scheduling implications for the upcoming library demolition and construction bids if the creation of a new policy were to cause a delay in that project. Council members agreed that Sandoval and Kwok would meet informally with staff and come back to the entire Council with recommendations or suggestions. Mayor Lowenthal noted that there has been no proof of any wrongdoing on the part of Tally's Enterprises, and the Labor Commissioner will make the determination of the complaints filed. 23. Receive informational memo regarding Cupertino Library furniture, fixtures, and equipment (FF & E). Public Works Director Ralph Quails reviewed his staff report, which included an overview of the library budget and funding mechanisms, as well as cost estimates for the furniture, fixtures and equipment that is to be paid for out of funds raised by the Cupertino Library Foundations. The library staff has concluded that they will be able to use some of the existing furniture and shelving in the new library for a period of time, and it has a purchase value of $107,000. Another $708,000 is needed for furniture and equipment, and $395,000 for shelving to be purchased, for a total of $1,103,000 as a minimum fundraising target. Barbara Rogers, 19764 Auburn Drive, said she appreciated the information, and the fundraising group will try to raise even more. She asked who would be choosing and purchasing the furniture. Public Works Director Ralph Quails said that the current Santa Clara County library department will decide what is needed, and the city will offer its assistance as purchasing agent if requested. Council received the report. 24. Consider a drive-up book drop feature for the new Cupertino Public Library. Public Works Director Ralph Quails reviewed the staff report. Assuming half of the volume of books in a typical day was turned in at a vehicular drop, the volume would be approximately 1500-2000 items. That demand would require that a remote book may need to be emptied as often as every 1-2 hours, and additional library staff would be required. A remote drop-off with an underground delivery system is expensive and is not an established, reliable technology. He discussed the locations where a book drop could be located on the exterior of the building and the different options to create vehicular access. Alternatives 1 and lA would have dedicated drive aisles, and Alternatives 2 and 2A would have drop-off loops. He discussed the safety concerns and the loss of disabled parking spaces and landscaping. November 4, 2002 City Council Minutes Page 11 Barbara Rogers, 19764 Auburn Drive, said that it is obvious that a hand book- drop is probably the best option for this project, and asked that there be a couple of limited-time parking spaces close to the book drop. James/Sandoval moved to eliminate further consideration of a vehicular book- drop and approve proceeding with the inclusion of a walk-up book-drop for the new Cupertino Public Library. 25. Clarify the City Council vote of October 21 regarding the library use permit to demolish the existing 37,000 square foot library, construct a new 52,000 square foot 2-sotry library and a 6,300 square foot Community Hall, and reconstruct the existing Civic Plaza. Resolution No. 02-204. Community Development Director Steve Piasecki reviewed the staff report. He said that staffunderstood that the Council directed the Public Works staff to study the comments related to safety, environmental, and energy issues listed in Planning Commission Resolution No. 6162. If the Council wished to formally direct staff to evaluate the issues listed in Planning Commission Resolution No. 6162, then staff recommended the adoption of Resolution No. 02-204, which incorporates the following major changes to the Planning Commission resolution: (1) the comment about a book drop-offhas been changed to evaluate the pros and cons of adding a drive-through book drop-off; and (2) the comment about additional trees planted as mitigation for trees to be removed has been amended to incorporate the donation of 120 trees from Cupertino's sister city, Toyokawa, Japan, in the landscape plan. James/Kwok moved to adopt Resolution No. 02-204, with the deletion of the first bullet regarding a drive-through book drop-off. Vote: Ayes: Chang, James, Kwok, Lowenthal, Sandoval. Noes: None. 26. Consider endorsement of a proposal to encourage regional solutions for affordable housing, Housing Efficiency Act Legislations (HEAL). Council members concurred to endorse HEAL and authorize the Mayor to send letters of support to state legislators and staff. 27. Conduct the first reading of Ordinance No. 1904: "An Ordinance of the City Council of the City of Cupertino Amending Chapter 10.68 (Definitions) of the Cupertino Municipal Code Regarding Curfew." The City Clerk read the title of the ordinance. James/Kwok moved and seconded to read the ordinance by title only, and that the City Clerk's reading would constitute the first reading thereof. Vote: Ayes: Chang, James, Kwok, Lowenthal, Sandoval. Noes: None. November 4, 2002 City Council Minutes Page 12 28. 29. 30. 31. Conduct the first reading of Ordinance No. 1905: "An Ordinance of the City Council of the City of Cupertino Amending Chapter 16.52 (Prevention of Flood Damage) of the Cupertino Municipal Code changing the administrator from the Director of Community Development to the Director of Public Works." The City Clerk read the title of the ordinance. Kwok/James moved and seconded to read the ordinance by title only, and that the City Clerk's reading would constitute the first reading thereof. Vote: Ayes: Chang, James, Kwok, Lowenthal, Sandoval. Noes: None. Conduct the first reading of Ordinance No. 1906: "An Ordinance of the City Council of the City of Cupertino Amending Chapter 10.48 (community noise control) of the Cupertino Municipal Code regarding hours of operation for home maintenance activities - use of power equipment and other related issues of clarification." Ramon Quezada, representing the Bay Area Gardeners' Association, said they were in support of this ordinance. He distributed a letter from the Palo Alto Police Department dated November 4, 2002, regarding their cooperative working relation with the Bay Area Gardeners' Association, and also some Guidelines for Leaf Blower Usage. The City Clerk read the title of the ordinance. Sandoval/Kwok moved and seconded to read the ordinance by title only, and that the City Clerk's reading would constitute the first reading thereof. Vote: Ayes: Chang, James, Kwok, Lowenthal, Sandoval. Noes: None. Conduct the first reading of Ordinance No. 1907: "An Ordinance of the City Council of the City of Cupertino Amending Chapter 16.04 of the Cupertino Municipal Code and Adopting the 2001 California Building Code Volumes 1 and 2 and Retain 1997 Uniform Building Code Relating to Volume 3." The City Clerk read the title of the ordinance. James/Kwok moved and seconded to read the ordinance by title only, and that the City Clerk's reading would constitute the first reading thereof. Vote: Ayes: Chang, James, Kwok, Lowenthal, Sandoval. Noes: None. Conduct the first reading of Ordinance No. 1908: "An Ordinance of the City Council of the City of Cupertino Amending Chapter 16.24 of the Cupertino Municipal Code and Adopting the 201 California Mechanical Code." The City Clerk read the title of the ordinance. James/Kwok moved and seconded to read the ordinance by title only, and that the City Clerk's reading would constitute the first reading thereof. Vote: Ayes: Chang, James, Kwok, Lowenthal, Sandoval. Noes: None. November 4, 2002 City Council Minutes Page 13 32. Conduct the first reading of Ordinance No. 1909: "An Ordinance of the City Council of the City of Cupertino Amending Chapter 16.20 of the Cupertino Municipal Code Adopting the 2001 California Plumbing Code." The City Clerk read the title of the ordinance. James/Kwok moved and seconded to read the ordinance by title only, and that the City Clerk's reading would constitute the first reading thereof. Vote: Ayes: Chang, James, Kwok, Lowenthal, Sandoval. Noes: None. 33. Conduct the first reading of Ordinance No. 1910: "An Ordinance of the City Council of the City of Cupertino Amending Chapter 16.16 of the Cupertino Municipal Code and Adopting the 2001 Edition of the California Electrical Code." The City Clerk read the title of the ordinance. James/Kwok moved and seconded to read the ordinance by title only, and that the City Clerk's reading would constitute the first reading thereof. Vote: Ayes: Chang, James, Kwok, Lowenthal, Sandoval. Noes: None. 34. Conduct the first reading of Ordinance No. 1911: "An Ordinance of the City Council of the City of Cupertino Repealing and Re-enacting Chapter 16.40 of the Cupertino Municipal Code Adopting the 2001 Edition of the California Fire Code." The City Clerk read the title of the ordinance. James/Kwok moved and seconded to read the ordinance by title only, and that the City Clerk's reading would constitute the first reading thereof. Vote: Ayes: Chang, James, Kwok, Lowenthal, Sandoval. Noes: None. ORDINANCES - None STAFF REPORTS 35. Receive financial update. Administrative Services Director Carol Atwood reported on the General Fund revenues and expenditures through October 2002. Council received the report. COUNCIL REPORTS Council members highlighted the activities of their committees and various community events. CLOSED SESSION - None November 4, 2002 City Council Minutes Page 14 ADJOURNMENT At 10:10 p.m. the meeting was adjourned to November 18 at 4:30 p.m. for a joint study session with the Parks and Recreation Commission regarding the Stevens Creek Corridor Master Plan, to be held in Conference Room C of Cupertino City Hall, 10300 Torte Avenue, Cupertino. 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 www.cnpertino.org. Videotapes of the televised meetings are available at the Cupertino Library, or may be pumhased from the Cupertino City Channel, 777-2364. DRAFT RESOLUTION NO. 02-205 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 NOVEMBER 01, 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 fi.om the funds as hereinafter set forth in Exhibit "A". CERTI]?IED: Director of Administrative Services PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this 18thday of blovember ,2002, by the following vote: Vote Members of the City Council AYES: NOES: ABSENT: ABSTAIN: ATTEST: APPROVED: City Clerk Mayor, City of Cupertino 11/01/02 CITY OF CUPERTINO ACCOUNTING PERIOD: 4/03 C~ECK REGISTER - DISBURSEMENT FUND SELECTION CRITERIA: transact.trans_date between "10/28/2002" and "11/01/2002" FUI~D - 110 - GENERAL FUND CASH ACCT CHECK NO 1020 596946 11/01/02 2328 1020 596947 11/01/02 2110 1020 596948 11/01/02 M 1020 596949 11/01/02 1680 1020 596950 11/01/02 29 1020 596951 11/01/02 2319 1020 596952 11/01/02 1452 1020 596953 11/01/02 44 1020 596954 11/01/02 57 1020 596954 11/01/02 57 TOTAL CHECK 1020 596955 11/01/02 2501 1020 596955 11/01/02 2501 TOTAL CHECK 1020 596956 11/01/02 1519 1020 596956 11/01/02 1519 1020 596956 11/01/02 1519 TOTAL CHECK 1020 596957 11/01/02 2504 1020 596958 11/01/02 M 1020 596959 11/01/02 M2003 1020 596960 11/01/02 720 1020 596961 11/01/02 M 1020 596962 11/01/02 91 1020 596963 11/01/02 2179 1020 596964 11/01/02 100 1020 596964 11/01/02 100 1020 596964 11/01/02 100 1020 596964 11/01/02 100 TOTAL CHECK 1020 596965 ISSUE DT .............. VENDOR ............. FUND/DEPT A/C SERVICE & DESIGN CO. 1108503 ABC BACKFLOW TESTING REP 1108503 ABOUSSOUAN, BERNARD 580 ADVANTAGE GP~AFIX 4209119 LYrE DIANE AITKEN 5706450 ALL CITY MAi~AGEMENT SERV 1108201 AMERICAN PLANNING ASSOCI 1107405 AMERIC/~N RED CROSS 1104400 ;~K 1104510 AP~K 1104510 ..... DESCRIPTION ...... SALES TAX TIME/MATERIALS 0.00 1/81-12/31/2003 AT&T BROADBA1VD 1106500 11/1-11/30 AT&T BROADB;~D 1103300 11/1-11/30 AUTREY SUPPLY CO INC 1108314 AUTREY SUPPLY CO INC 1108315 AUTREY SUPPLY CO INC 1108312 A/~NE-LORRAINE BA/qI 5706450 BAKSY, AMITAVA 580 BARRY SWENSON BUILDER 110 BATTERY SYSTEMS 6308840 EEATTY, DIAN"NE 580 DR JOEL BERGER 5806449 BIC~S CAP, DOSA ASSOCIATES 2709430 BMI IMAGING SYSTEMS 1104300 BMI IbIAGING SYSTEMS 1104300 BMI IMAGING SYSTEMS 1104300 BMI IMAGING SYSTEMS 1104300 11/01/02 1066 BROWNING-FERRIS INDUSTRI 5208003 SERVICE AGREEMENT FOR Refund: Check - FALL E U~SED ARCRITECT DPST FY 2002-2003 OPEN PURC Refund: Check - FALL. SERVICE AGREEMENT FOR SERVICE AGREEMENT FOR FY 2002-2003 OPEN PUEC FY 2002-2003 OPEN PURC FY 2002*2003 OPEN PURC FY 2002 2003 OPEN PURC RECYCLABLES 9/2002 PAGE 1 AMOUNT 1647.40 450.00 239.60 215.41 0.00 270.00 0.00 7487.40 0.00 316.00 0.00 144.00 0.00 223.42 0.00 327.24 0.00 550.66 O.O0 5.27 0.00 15.82 0.00 21.09 0.00 1136.32 0.00 1136.31 0.00 1136,33 0.00 3408.96 0.00 750.00 0.00 100.00 0.O0 560.00 0.00 142.78 0.00 57,00 0.00 lB0.00 0.00 39.00 0.00 112.78 0,00 660.57 0.00 141.02 0.00 1113.79 O.OO 2028.16 0.00 2815.61 RUN DATE 11/01/02 TI~E 08:14:52 11/01/02 CITY OF CUPERTINO PAGE 2 ACCOLE~TING PERIOD: 4/03 CHECK REGISTER - DISBURSEMENT ?UND SELECTION C~RITERIA: transact.trans_date between "10/28/2002" and "11/01/2002" FUN~ - 110 - GENEP~ FLTND CASH ACCT CHECK NO ISSUE DT ............. VENDOR ............. FUND/DEPT 1020 596966 11/01/02 1066 BROWNING-FERRIS INDDSTRI 5208003 1020 596967 11/01/02 M2003 C S M F O 1104000 1020 596968 11/01/02 1101 C.H. BULL CO. 1108501 1020 596969 11/01/02 M2003 C~tLIFOP~NIA DEBT & IN. ST 1104000 1020 596970 11/01/02 124 1020 596970 11/01/02 124 1020 596970 11/01/02 124 TOTAL CHECK C;tLIFORNIA SAFETY ~ SU 1108315 CkLIFORNIA SAFETY AND SU 1108321 C3%LIFO~NIA SAFETY ~ SU 2708404 1020 596971 11/01/02 1145 C~%LIFOR.NIA SORVEYING & D 4239222 1020 596972 11/01/02 132 1020 596972 11/01/02 132 TOTAL CHECK CALIFORNIA WATER SERVICE 1108314 C~J~IFORNIA WATER SERVICE 1108508 1020 596973 11/01/02 M2003 CALTAC 1101040 1020 596974 11/01/02 1460 TONI CARREIRO 6104800 1020 596975 11/01/02 149 CASH 1101201 1020 596975 11/01/02 149 CASH 1104400 1020 596975 11/01/02 149 C~H 1101000 1020 596975 11/01/02 149 CASH 1104000 1020 596975 11/01/02 149 CASH 1104510 TOT;AL CHECK 1020 596976 11/01/02 M CHIN, CAROL%~N 580 1020 596977 11/01/02 M CHIN, NL~INE 580 1020 596978 11/01/02 192 1020 596978 11/01/02 192 1020 596978 11/01/02 192 1020 596978 11/01/02 192 1020 596978 11/01/02 192 1020 596978 11/01/02 192 1020 596978 11/01/02 192 1020 596976 11/01/02 192 TOTAL CHECK CMC OCCUPATION;iL HEkLTH 5806449 CMC OCCUPATIONAL HEALTH 5806449 CMC OCCUPATIONAL HF2%LTH 5806449 CMC OCC~3PATIONAL HEAL~ 5806449 CMC OCCUPATIONAL HEALTH 5806449 1020 696979 11/01/02 1020 596979 11/01/02 1020 596979 11/01/02 1020 596979 11/01/02 TOTAL CHECK 174 COCA-COLA 5706450 174 COCA-CO~ 5706450 174 COCA-COL~ 5706450 174 COCA-COLA 5706450 1020 596980 11/01/02 178 COLONIAL LIFE & ACCIDENT 110 ..... DESCRIPTION ...... SALES TAX SEPT2002 LJLNDFILL VOLS 0.00 MEMBERSHIP DUES/ATWOOD 0.00 AMOUNT 132334.84 100.00 SUPPLIES 0.00 43.94 CONCORD 11/13-14 (2) 0.00 390.00 SUPPLIES 8481 0.00 521.09 SUPPLIES 0.00 44.75 SUPPLIES 8326 0.00 148.52 0.00 714.36 DRAFTING SUPPLIES 0.00 76.76 9/19-10/21 0.00 34.07 9/19-10/21 0.00 8.52 0.00 42.59 RENEWL 5 @ 13.00 0,00 66.00 WEBSITE 9/23-10/4 0.00 578.50 PETTY CASH 10/22-10/29 0.00 PE~Y CASH 10/22-10/29 0.00 PET~ CASH 10/22-10/29 0.00 PETTY CASH 10/22-10/29 0.00 PETTY CASH 10/22-10/29 O.0O O.OO Refund: Check - FALL. Refund: Check - FALL. 0.00 4.32 40.00 5.65 197.40 18.00 T~3BERCULOSIS/JACOBS 0.00 15.00 /~JBERCULOSIS/WESELJ~ 0.00 15.00 X-RAY/GALLEGO 0.00 55.00 TUBERCULOSIS/GALLEGO 0.00 15.00 PHYSICAL/MIYAHAWA 0.00 80.00 DISCOUNT 0.00 -5.00 ~JBERCDLOSIS/COLLOTON 0.00 15.00 0.00 180.00 FY 2002-2003 OPEN PURC 0.00 FY 2002-2003 OPEN PURC 0.00 FY 2002-2003 OPEN PURC 0~00 FY 2002-2003 OPEN PURC 0.00 0.00 PREMIUM 11/1-12/1/02 8.00 338.10 642.90 391.40 165.00 1537.40 36.55 RLTN DATE 11/01/02 TI~4E 08:14:52 11/01/02 CITY OF CUPERTINO ACCOUNTING PERIOD: 4/03 CRECK REGISTER - DISBURSEMENT FUND SELECTION CRITERIA: transact.trans date between "10/28/2002" and "11/01/2002" FUND - 110 - GENEP-~L FUND CASH ACCT CHECK NO ISSUE DT .............. VENDOR ............. FUND/DEPT PAGE 3 ..... DESCRIPTION ...... SALES TAX AMOUNT 1020 596981 11/01/02 1020 596982 11/01/02 1020 596983 11/01/02 1020 596984 11/01/02 1020 596985 11/01/02 1020 596985 11/01/02 TOTAL CHECK 1020 596986 11/01/02 1020 596967 11/01/02 M2003 COMPAQ COMPUTERS 110 M2003 CONNOR, BRIA~ 5506549 M CRUTCHFIELD, AUGUSTA 580 197 CTC FUNDING, LLC 1101500 191 CUPERTINO CHAMBER OF COM 5606640 191 CUPERTINO CHA~ER OF COM 2204011 M2003 CUPERTINO CONSTRUCTION, 110 2085 DB PROMOTIONS 1103300 1020 596968 11/01/02 209 1020 596968 11/01/02 209 1020 596988 11/01/02 209 1020 596988 11/01/02 209 1020 596988 11/01/02 209 1020 596988 11/01/02 209 1020 596988 11/01/02 209 1020 596988 11/01/02 209 1020 596988 11/01/02 209 1020 596988 11/01/02 209 1020 596966 11/01/02 209 1020 596988 11/01/02 209 1020 596988 11/01/02 209 1020 596988 11/01/02 209 1020 596988 11/01/02 209 1020 596988 11/01/02 209 TOTAL CHECK 1020 596989 1020 596990 1020 596990 TOTAL CHECK 1020 596991 11/01/02 676 1020 596992 11/01/02 1242 1020 596992 11/01/02 1242 1020 596992 11/01/02 1242 1020 596992 11/01/02 1242 1020 596992 11/01/02 1242 1020 596992 11/01/02 1242 TOTAL CHECK DE ANZA SERVICES INC 5708510 DE ANZA SERVICES INC 1108505 DE A~ZA SERVICES INC 1108502 DE ANZA SERVICES INC 1108504 DE ANZA SERVICES INC 1108506 DE ANZA SERVICES INC 1108407 DE ANZA SERVICES INC 1108508 DE ANZA SERVICES INC 1108303 DE ANZA SERVICES INC 1108302 DE ~%NZA SERVICES INC 1108503 DE ANZA SERVICES INC 1108509 DE ANZA SERVICES INC 1108314 DE A~ZA SERVICES INC 1108501 DE ~2qZA SERVICES INC 1108504 DE ~/~ZA SERVICES INC 1108507 DE ;~NZA SERVICES INC 1108315 DEI ROSSI, DALE 580 DELL b~KETING L.P. 6109856 DELL MARKETING L.P. 6109856 DEP~qTMENT OF J~STICE 1104510 DIGIT~ PRINT IMPRESSION 5506549 DIGITAL PRINT IMPRESSION 1107503 DIGITAL PRINT IMPRESSION 1104530 DIGITAL PRINT IMPRESSION 5506549 DIGITAL PRINT IMPRESSION 1102100 DIGITAL PRINT IMPRESSION 1104510 UNUSED LEGAL NOTICE DP 0.00 175.16 SIMPLY JAZZ 11/6 0.00 350.00 Refund: Check - FALL E 0.00 24.00 NOV2002 RENT 70 1D CU 0.00 4341.00 ~VERTIEEMENT 0.00 139.00 TLT EXPENSES OCT2002 0.00 60.75 0.00 199.75 Uh~3SED LEGAL/~CH DPST 0.00 1350.52 GOLD FOIL SEALS 0.00 354.97 JANITORIAL 0CT2002 0.00 2660.06 JANITORIAL OCT2002 0.00 3451.80 JI~NITORI~kL OCT2002 0.00 4111.39 SPEC SERV QCTR 0CT2002 0.00 540.00 JAMITORIAL OCT2002 0.00 336.67 J~tNITORIAL OCT2002 0.00 1004.89 JANITORIAL OCT2002 0.00 138.20 JA~ITORI;tL OCT2002 0.00 1479.42 JANITORIAL 0CT2002 0.00 739.71 JANITORIAL OCT2002 0,00 1961.30 JANITORI~ OCT2002 0.00 1366.54 JANITORIAL OCT2002 0.00 4438.26 JANITORIAL OCT2002 0.0O 2813.28 JANITORIAL OCT2002 0.00 6097.32 JANITORIAL OCT2002 0.00 2648.14 JANITORI;~L OCT2002 0.00 739.71 0.00 34528.69 Refund: Check - Re~urn I~TITUDE C640 PW DEPT LATI~3DE C640 PW DEPT 0.00 300.00 0.00 38.97 0.00 2940.38 0.00 2379.35 FINGERPRINT SERV 9/200 0.00 544.00 B.C/PHILLIPS,VILLALOBO 0.00 97.43 B.CARDS/ORBEA, CASTEEL 0.00 160.47 B.CARDS/WYKOFF 0.00 59.54 B.CARDS/P.SPITSEN 0.00 46.71 B.CARDS/SHERVINGTON 0.00 59.54 B.C/JOB INFOR~{ATION 0.00 59.53 0.00 485.22 RUN DATE 11/0i/02 TI~{E 08:14:53 11/01/02 CITY OF CUPERTINO ACCOUNTING PERIOD: 4/03 CHECK REGISTER - DISBURSEMENT FUND SELECTION CRITERIA: ~ransac~.trans_date between "10/28/2002" and "11/01/2002" C-ASH ACCT CHECK NO 1020 596993 1020 596994 1020 596995 1020 596996 1020 596997 1020 596998 1020 596999 1020 596999 1020 596999 TOTAL CHECK 1020 597000 1020 597000 TOTAL CHECK 1020 597001 1020 597001 TOTAL CHECK 1020 597002 1020 597002 1020 597002 1020 597002 TOTAL CHECK 1020 597003 1020 597004 1020 597004 1020 597004 1020 597004 TOTAL CHECK 1020 597005 1020 597006 1020 597006 1020 597006 TOTAL CHECK 1020 597007 1020 597008 1020 597009 11/01/02 225 11/01/02 2825 11/01/02 2575 11/01/02 239 11/01/02 260 11/01/02 2469 11/01/02 1255 DONE RIGHT ROOFING & GUT 1108501 R~PH DUBISC~ 5806349 EDDIE TORREZ CONSTRUCTIO 1109215 ELECTRICAL DISTRIBUTORS 1108505 FEDER3%L EXPRESS CORP 2709450 FERRELL, CAROL 1104100 FIRST AUTOMOTI%rE DISTRIB 6308840 FIRST AUTOMOTIVE DISTRIB 6308840 FIRST AUTOMOTIVE DISTRIB 6308840 11/01/02 2361 11/01/02 2361 FIRST BANKCARD I101000 FIRST BANKCARD 1101000 11/01/02 2361 11/01/02 2361 FIRST BA~KCARD 1104300 FIRST BA/qKCARD 1101000 11/01/02 2361 11/01/02 2361 11/01/02 2361 11/01/02 2361 FIRST BANKCARD 6104800 FIRST BA/qKCARD 5806249 FIRST BANKC~tRD 5606640 FIRST B~NKC~RD 1104000 11/01/02 267 11/01/02 268 11/01/02 268 11/01/02 268 11/01/02 268 MICNAEL J FORNALSKI 1107302 FOSTER BROS SECURITY SYS 1108501 FOSTER BROS SECURITY SYS 1108504 FOSTER BROS SECURITY SYS 1108830 FOSTER BROS SECURITY SYS 1108501 11/01/02 2648 11/01/02 2476 11/01/02 2476 11/01/02 2476 FRANCHISE TAX BOARD 110 GALEN EQUIPMENT CLINIC 1108314 GAP~DEN EQUIPMENT CLINIC 1108314 GARDEN EQUIPMENT CLINIC 1108314 11/01/02 296 GOPALAR3%TNAM, SRIRAM 580 KAREN GOTTLEIB 5806449 GOVCON~CTION, INC. 6104800 PAGE 4 ..... DESCRIPTION ...... SALES TAX AMOUNT CITYHALL ROOF AND GUTT 0.00 6900.80 SERVICE AGREEMENT FOR 0.00 8646.27 PUBLIC WORKS CObUfRACT 0.00 3900.00 US ARCH REPL HSG FOR B 0.00 906.65 COURIER SERVICE 0.00 17.44 LUNCH/INTERVIEW p;~NEL 0.00 108.37 FY 2002-2003 OPEN PURC 0.00 177.84 FY 2002-2003 OPEN PURC 0.00 191.94 RETLrRN P.0.52968 0.00 -19.64 0.00 350.14 STATEMENT OCT2002 0.00 45,45 STATEMENT OCT2002 0.00 28,29 0.00 73.74 OCTOBER 2002 STATEMENT 0.00 314.24 OCTOBER 2002 STATEMENT 0,00 446.24 0.00 760.48 STATEMENT OCT2002 0.00 703.46 STATEMENT OCT2002 0.00 896.48 STATEMENT OCT2002 0.00 45.95 STATEMENT OCT2002 0.00 106.74 0.00 1752.63 GRAPHIC SUPPORT FOR GE 0.00 2598.00 SUPPLIES 0.00 300,00 SUPPLIES 0.00 254.75 PADLOCKS 0.00 25.11 SUPPLIES/LOCKS 9.00 338.12 0.00 917.98 M.I~/569-37-8357 0.00 50,00 PARTS/SUPPLIES 24310 0.00 39.79 PARTS/SUPPLIES 24303 0.00 46.44 PARTS/SUPPLIES 24309 0.00 54.10 0.00 140.59 Refund: Check - FALL; 0.00 170.00 SERVICE AGREEMENT FOR 0.00 1150.00 RETURN 0.00 -229.49 RUN DATE 11/01/02 TIME 08:14:54 11/01/02 CITY OF CUPERTINO ACCOUNTING PERIOD: 4/03 CRECK REGISTER DISBURSEMENT FL~TD SELECTION C~ITERIA: tranmact~rans date between "10/28/2002" and "11/01/2002" FUND - 110 - GENEPJ{L FUND CASE ACCT CHECK NO ISSUE DT .............. VENDOR ............. FUND/DEPT 1020 597009 11/01/02 1741 1020 597009 11/01/02 1741 1020 597009 11/01/02 1741 1020 597009 11/01/02 1741 TOTAL CHECK 1020 597010 11/01/02 298 1020 597010 11/01/02 298 1020 597010 11/01/02 298 1020 597010 11/01/02 298 1020 597010 11/01/02 298 TOT;AL CHECK 1020 597011 11/01/02 1766 1020 597012 11/01/02 2546 1020 597012 11/01/02 2546 1020 597012 11/01/02 2546 TOTAL CMECK 1020 597013 1020 597014 1020 597015 1020 597015 TOTAL CHECK 1020 597016 1020 597016 1020 597016 TOTAL CHECK 1020 597017 1020 597018 1020 597019 1020 597020 1020 597021 1020 597022 1020 597023 1020 597024 1020 597024 TOTAL CHECK GOVCONNECTION, INC. 6104800 GOVCON]FECTION, INC. 6104800 GOVCObRgECTION, INC. 1108101 GOVCONqgEC~fION, INC. 4239222 GP~AINGER INC 1108312 GP~INGER INC 1108504 GP~INGER INC 1108506 GP~INGER INC 1108312 GRg{INGER INC 1108312 GP~ITE ROCK COMP%NY 2708404 GTM PLUMBING 1108501 GTM PLL~4BING 4209216 GTM PLL~4BING 1108302 11/01/02 M 11/01/02 327 11/01/02 2565 11/01/02 2565 HARRISON, SALLY 580 HELLO DIRECT INC 6104800 HERNING UNDERGROUND SUPP 2709447 HERNING L~ERGROUND SUPP 2709447 11/01/02 1235 11/01/02 1235 11/01/02 1235 KIGHMARK LIFE INSURltNCE 6414570 $IGHMARK LIFE INSLq{ANCE 110 HIGf~3%RK LIFE INSL~CE 110 11/01/02 M 11/01/02 2064 11/01/02 2612 11/01/02 1951 11/01/02 1898 11/01/02 2027 11/01/02 M2003 11/01/02 2392 11/01/02 2392 HINDUJA, MAHESH 580 HOWARD G HOFF JR. 1104400 RONALD ROGUE 5506549 ROMESTEA/) F.F.C. INC 5806349 AUTOMATIC RAIN CO. 5606620 FJ%RSHA HO~rEY 1104400 I T E 1108601 INTERIOR SYSTEMS AND SER 1102403 INTERIOR SYSTEMS AND SER 4249210 ..... DESCRIPTION ...... SALES TAX PAGE 5 AMOUNT REPI~CEMENT 0.00 146.09 ADAPTEC SCSI PALM M505 0.00 1859.18 ADAPTEC SCSI PALM M505 0.00 323.96 ~/DAPTEC SCSI P~L4~ M505 0.00 917.95 0.00 3017.69 PARTS/SUPPLIES 8475 0.00 FY 2002-2003 OPEN PURC 0.00 FY 2002-2003 OPEN PUEC 0.00 PARTS/SUPPLIES 8475 0.00 PARTS/SUPPLIES 8475 0.00 0.00 290.95 88.04 50.44 98.13 53.40 590.96 SUPPLIES 8462 0.OO 527.72 TIME/RATERIALS 0.00 1500.00 TIME/~ATERIALS 0.00 1135.00 TIbIE/MATERIALS 0.O0 1250.00 O.OO 3885.00 O.O0 0.00 0.00 0.00 0.00 0.00 O.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 Refund: Check - FALL. POLY COM SOL~ STATION 4" GALVAniZED STEEL PI 4" GALVANIZED STEEL PI LTD NOV2002 ~2DJ NOV2002 LIFE / AD&D NOV2002 Refund: Check - FALL # CERT TRAINING 10/26 SERVICE AGREEMENT FOR BOWLING 10/25/02 17519 SUPPLIES 15915 SUPPLIES BOOK ORDER TIME/MATERIALS TIME/MATERIALS 78.00 884.97 140.73 348.57 489.30 6003.36 -238.92 7683.35 13447.79 45.00 60.00 200.00 80.00 336.51 70.86 5.00 2659.60 1965.60 4625.40 RUN DATE 11/01/02 TIME 08;14:55 - FINAMCIAL ACCO~ING 11/O1/O2 CITY OF CI3pERTINO ACCOUNTING PERIOD: 4/03 CRECK REGISTER - DISBURSEMENT FUND SELECTION CRITERIA: transac~.trans_date between "10/28/2002" and "11/01/2002" ..... DESCRIPTION ...... SALES TAX AMOUNT PAPER SIGNS 8331 0.00 205.68 SAFETY VEST 24397 0~00 54.13 O.O0 259.81 Refund: Check - REFUND 0.00 100.00 UNUSED MAILING DPST 0.00 148.64 Refund: Check REFUND 0,00 100.o0 DEPOSIT REFUND 0.00 270.00 FY 2002-2003 OPEN PURC 0.00 1012.20 LUNCH SISTER CITY DELE O.O0 87.46 SERVICE AGREEMENT FOR 0,00 270.00 PAIqTS,SHORTS/GLOVES/BE 0.00 193.62 NOVEMBER NEWSLETTER 0.00 1279.52 SUPPLIES 17337 0.00 461.62 MAGIC OF SCIENCE/MATH 0,00 200.00 FRANCHISE T~C{ BRD 25% 0.00 -50.00 0.00 150.00 TRAINING 0.00 55.00 SERVICE AGREEMENT FOR 0.00 200.00 SUPPLIES 8468 0.00 419.47 SERVICE AGREEMENT FOR 0.00 85821.47 L~SED ;~RCHITECT DPST 0.00 545.04 Refund: Check - REFUND 0.00 100.00 MTG 9/10/02 0.00 80.31 Refund: Check - F~J~L. 0.00 45.00 NOV2002 EMPLYEE ASSIST 0.00 897.00 A.ROMEO W/E 9/29 0.00 971.50 A.ROMEO W/E 10/6 0.00 1015.00 A.ROMEO W/E 9/22 0.00 949.75 A.ROMEO W/E 10/13 0.00 957.00 0.00 3893.25 RLTN DATE 11/01/02 TIME 08:14:55 11/01/02 CITY OF CUPERTINO ACCOUNTING PERIOD: 4/03 CHECK REGISTER - DISBURSEMENT FUND SELECTION CRITERIA: transact.trans_date between "10/28/2002" and "11/01/2002" FUlVD - 110 - GENERAL FLr~ CASH ACCT CHECK NO ISSUE DT ............. VENDOR ............. FUND/DEPT PAGE 7 ..... DESCRIPTION ...... SALES TAX AMOUNT 1020 597047 1020 597048 1020 597049 1020 597050 1020 597050 TOTAL CHECK M2003 MARCOA PUBLISHING, INC. 5606620 1378 RICARDOMARTINEZ 5706450 1602 MBIA MUNISERVICES COMPAN 1100000 1175 MCWHORTER & YOUNG 5806649 1175 MCWHORTER & YOLING 1108101 1020 597051 11/01/02 M2003 MEMARIE ASSOCI.. INC. 110 1020 597052 11/01/02 M MEYERSON, CLARE 580 1020 597053 11/01/02 444 MINTON'S LU~4BER 1108501 1020 597053 '11/01/02 444 MINTON'S LURER 1108506 1020 597053 11/01/02 444 MINTON'S LURER 5708510 1020 597053 11/01/02 444 MINTON'S LURER 1108503 TOTAL CHECK 1020 597054 11/01/02 447 MISSION I/NIFOR~ SERVICE 1108201 1020 597054 11/01/02 447 MISSION UNIFORM SERVICE 1108201 1020 597054 11/01/02 447 MISSION UNIFOAM SERVICE 1108201 1020 597054 11/01/02 447 MISSION UNIFORM SERVICE 1108201 TOTAL CHECK 1020 597055 11/01/02 2726 MOSS & BAP~NETT 1101031 1020 597056 11/01/02 465 MOUNTAIN VIEW GARDEN CEN 1108303 1020 597057 11/01/02 496 O'GPJ%DY PAVINO INC 2709450 1020 597058 11/01/02 2206 O.K. FIRE EQUIPME1TT COMP 1104400 1020 597059 11/01/02 493 OFFICE DEPOT 1104530 1020 597059 11/01/02 493 OFFICE DEPOT 2204011 1020 597059 11/01/02 493 OFFICE DEPOT 1104510 1020 597059 11/01/02 493 OFFICE DEPOT 2607401 1020 597059 11/01/02 493 OFFICE DEPOT 1104510 1020 597059 11/01/02 493 OFFICE DEPOT 1108201 1020 597059 11/01/02 493 OFFICE DEPOT 1107503 1020 597059 11/01/02 493 OFFICE DEPOT 1108201 1020 597059 11/01/02 493 OFFICE DEPOT 5806249 1020 597059 11/01/02 493 OFFICE DEPOT 1104510 1020 597059 11/01/02 493 OFFICE DEPOT 5806349 1020 597059 11/01/02 493 OFFICE DEPOT 5806449 1020 597059 11/01/02 493 OFFICE DEPOT 2607401 1020 597059 11/01/02 493 OFFICE DEPOT 1104510 1020 597059 11/01/02 493 OFFICE DEPOT 1104510 1020 597059 11/01/02 493 OFFICE DEPOT 1107301 ADVERTISEMENT 0.00 435.00 FY 2002-2003 OPEN PUBC 0.00 346.33 S.T~2( SERV 2ND QTR 0.00 1250.00 ART SUPPLIES 15622 0.00 51.87 SUPPLIES 21900 0.00 33.50 0.00 85.37 UNUSED AMCHITECT DPST 0.00 655.04 Refund: Check = FALL. 0.00 108.00 PARTS/SUPPLIES 24376 0.00 29.14 PAMTS/SUPPLIES 24372 0.00 45.31 SUPPLIES 24374 0.00 9.52 SUPPLIES 24377 0.00 4.18 0.00 88.15 FY 2002=2003 OPEN PURC 0.00 78.93 FY 2002-2003 OPEN PUBC 0.00 78.93 FY 2002-2003 OPEN PURC 0.00 78.93 FY 2002-2003 OPEN PUBC 0.00 78.93 0.00 315.72 LEGAL SERVICES 0.00 799.00 FY 2002=2003 OPEN PUBC 0.00 31.52 PUBLIC WORKS CONTRACT 0.00 38659.05 SUPPLIES 0.00 182.94 OFFICE SUPPLIES 0.00 78.95 OFFICE SUPPLIES 0.00 59.07 COFFEE 0.00 86.58 KODAK PAPER 0.00 64.93 OFFICE SUPPLIES 0.00 378.85 OFFICE SUPPLIES 0.00 374.67 OFFICE SUPPLIES 0.00 116.81 OFFICE SUPPLIES 0.00 39.58 OFFICE SUPPLIES 0.00 24.83 COFFE 0.00 43.28 OFFICE SUPPLIES 0.00 24.83 OFFICE SUPPLIES 0.00 24.82 OFFICE EUPPLIES 0.00 4.97 COFFEE & TEA 0.00 169.86 OFFICE SUPPLIES 0.00 24.33 OFFICE SUPPLIES 0.00 62.56 RUN DATE 11/01/02 TIME 08:14:56 ll/01/02 CITY OF CUPERTINO ACCOUNTING PERIOD: 4/03 CHECK REGISTER - DISBURSEMENT FUND SELECTION CRITERIA: transact. Erans_date between "10/28/2002" and "11/01/2002" FU~ - 110 - GENERAL FUND C-%SH ACCT CHECK NO 1020 597059 TOTAL CHECK ISSUE DT ........... VENDOR .......... FD/~D/DEPT 11/01/02 493 OFFICE DEPOT 5806249 1020 597060 11/01/02 494 1020 597060 11/01/02 494 1020 597060 11/01/02 494 TOTAL CHECK 1020 597061 11/01/02 1190 1020 597062 11/01/02 505 1020 597063 11/01/02 507 1020 597064 11/01/02 511 1020 59~065 11/01/02 515 1020 597065 11/01/02 515 1020 597065 11/01/02 515 TOT;AL CHECK 1020 597066 11/01/02 520 1020 597067 11/01/02 M 1020 597068 11/01/02 526 1020 597068 11/01/02 526 1020 597068 11/01/02 526 1020 597068 11/01/02 526 1020 597068 11/01/02 526 TOT;LL CHECK 1020 597069 1020 597070 1020 597071 1020 597072 1020 597072 1020 597072 TOTAL CHECK 1020 597073 1020 597073 TOTAL CHECK 1020 597074 1020 597075 1020 597075 OFFICE DEPOT CREDIT PLAN 1101500 OFFICE DEPOT CREDIT pLAN 1101500 OFFICE DEPOT CREDIT PLAN 1101500 RONALD OLDS 1103500 ORL4~I TRAILER 6308840 DAN OSBORNE DBA:OSBORNE 1108505 PACIFIC BELL/WORLDCOM 1108501 PACIFIC WEST SECT/RITY IN 1108504 PACIFIC WEST SECL~ITY IN 1108504 PACIFIC WEST SECURITY IN 1108506 PAPERDIRECT INC 1103300 PARSINEJAD, F/~AK 580 PENINSULA DIGITAL IMAGIN 4209119 PENINSULA DIGITAL IMAGIN 110 PENINSD~ DIGITAL IMAGIN 110 PENINSULA DIGITAL IMAGIN 1108101 11/01/02 541 11/01/02 545 11/01/02 M 11/01/02 2278 11/01/02 2278 11/01/02 2278 ROBIN PICKEL 5706450 JEFF PISERCHIO 5606640 PR3%BRU, VINOD 580 QUALLS, RALPH 1108001 QUALLS, P~LPH 1108001 QU;LLLS, RJ%LPH 4239222 11/01/02 2802 11/01/02 2802 QU~ DESIGN 6109869 QUAN~ DESIGN 6109869 11/01/02 977 11/01/02 1406 11/01/02 1406 R & L L~EL 5506549 RAINES CHEVORLET 6308840 RAINES C~EVORLET 6308840 PAGE 8 - -DESCRIPTION ...... SALES T/%X AMOUNT OFFICE SUPPLIES 0.00 270.35 0.00 1849.27 OFFICE SUPPLIES (INTR) 0.00 1.67 OFFICE SUPPLIES 0.00 45.45 OFFICE SUPPLIES 0.00 84.51 0.00 131.63 REPAIRS i0/27 SUPPLIES 24336 TIME/MATERIALS #2522405 9/16-10/15 SERV C3.LL 10/04 SERV CALL 10/10 SERV CALL 10/02 OFFICE SUPPLIES Refund: Check FILLL # IMPROVE PLANS IMPROVE PLANS R9108 IMPROVE PLUS R#18629 BMP SHEETS IMPROVE PLO%NS R20184 SERVICE AGREEMENT FOR BBF GOLF CONCESSIONAIR Refund: Check - FALL E PRINTER STAND MISC EXPENSES PARKING 10/15 WEB HOSTING 11/2002 WEB HOSTING 10/2002 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 O,O0 0.00 0.00 PARKING DECALS 2003 FY 2002-2003 OPEN PURC FY 2002-2003 OPEN PURC 275.00 22.73 1871.92 16.56 377.43 85.00 190.83 653.26 188.85 45.00 371.84 28.74 292.27 69.82 58.94 821.61 1170.00 1899.00 100.00 67.38 184.55 1500.00 1500.00 3000.00 630.00 115.87 39.67 RUN DATE 11/01/02 TIME 08:14:57 11/01/02 CITY 0F CUPERTINO ACCOUNTING PERIOD: 4/03 CI~ECK REGISTER - DISBURSEMENT FUND SELECTION C~ITERIA: ~ransact.tranm_da~e between "10/28/2002" and "11/01/2002" FUND - 110 - GENERAL FUND CASE ACCT CNECK NO 1020 597075 11/01/02 1406 1020 597075 11/01/02 1406 1020 597075 11/01/02 1406 1020 597075 11/01/02 1406 1020 557075 11/01/02 1406 1020 597075 11/01/02 1406 1020 597075 11/01/02 1406 TOTAL CHECK 1020 597076 11/01/02 2482 1020 597076 11/01/02 2482 1020 597076 11/01/02 2482 1020 597076 11/01/02 2482 1020 597076 11/01/02 2482 TOTAL CHECK 1020 597077 11/01/02 M 1020 597078 11/01/02 602 1020 597078 11/01/02 602 TOTAJ~ CEECK 1020 597079 11/01/02 0043 1020 597080 11/01/02 606 1020 597081 11/01/02 2506 1020 597082 11/01/02 630 1020 597083 11/01/02 1636 1020 597084 11/01/02 628 1020 597085 11/01/02 633 1020 597086 11/01/02 1488 1020 597087 11/01/02 2261 1020 597088 11/01/02 648 1020 597089 11/01/02 M 1020 597090 11/01/02 M 1020 597091 11/01/02 652 1020 597092 11/01/02 2629 1020 597093 11/01/02 2661 ISSUE DT .............. VENDOR ............ FUND/DEPT RAINES CHEVORLET 6308840 RAINES CHEVORLET 6308840 RAINES CREVORLET 6308840 PJklNES CHEVORLET 6308840 RAINES CHEVORLET 6308840 RAINES CHEVORLET 6308840 I{AINES CHEVORLET 6308840 ROBERT HALF TEC~OLOGY 6104800 ROBERT NALF TECHlqOLOGY 6104800 ROBERT bL~LF TECI~OLOGY 6104800 ROBERT NJtLF TEC~OLOGY 6104800 ROBERT HALF TECH/qOLOGY 6104800 ROY, JAYANTI 580 ROYi~L COACH TOURS 5506549 ROYAL COACH TOURS 5506549 RUDE'S PEST MANAGEMENT 5606640 JOYCE RUSSUM 5706450 DORIS SALGADO 5706450 SANTA CLARA CO PROBATION 1102100 S~TA CL~ CTY SHERIFF 1104510 SANTA CL~ COUNTY SHERI 11~2100 SA~A CLA~ COb~TTY SHERI 5606620 SEed'S 1108830 SECRETARy OF STATE 1104300 SHELTONS TRANSFER SERVIC 1108312 SRI, LEI 580 SHIMOMURA, YASUKO 580 SIERRA SPRINGS WATER CO. 1101500 SHERRY WITT SNOW 5706450 SPOT WATER MANAGEMENT 5606640 ..... DESCRIPTION FY 2002-2003 OPEN PURC FY 2002-2003 OPEN PL~RC FY 2002-2003 OPEN PURC FY 2002-2003 OPEN PURC CORE RETURN P.0.52975 FY 2002-2003 OPEN PURC FY 2002-2003 OPEN PURC J.SEVERANCE W/E 10/04 J.SEVERANCE W/E 8/16 J.SEVER3%NCE W/E 10/18 J.SEVERANCE W/E 9/27 J.SEVERl%NCE W/E 10/11 REFI/ND FltLL JR BRONZE SANTA ROSA TRIP BkLANCE OF TRIP RODENT REMOVAL SERVICE AGREEMENT FOR SERVICE AGREEMENT FOR JLFLY,AUG,SEPT 2002 FINGERPRINTS SEPT2002 LAW ENFORCEMENT SERVIC FY 2002 2003 OPEN pLTRC TOOLS GRACE JOHNSON #963201 SUPPLIES 8457 Refund: Check - FALL E Refund: Check - FALL. DRINKING WATER 9/2002 SERVICE AGREEMENT FOR OCTOBER 2002 SERVICE PAGE 9 AMOUNT 18.63 19.58 346.80 36.25 -75.78 39.27 69.45 609.74 1008.00 1008.00 1008.00 1008.00 1008.00 5040.00 179.25 753.66 200.14 953.80 250.00 240.00 240.00 7796.63 204.00 480787.17 677.08 48.57 40.00 324.75 115.50 55.00 12.60 480.00 14583.33 DATE 11/01/02 TIME 08:14:57 - FINANCIAL ACCOUNTING 11/01/02 CITY OF CUPERTINO ACCOUNTING PERIOD: 4/03 CHECK REGISTER - DISBURSEMENT FUND SELECTION CRITERIA: transact.trans_date between "10/28/2002" and "11/01/2002" 1020 597094 11/01/02 1090 1020 597095 11/01/02 1090 1020 597096 11/01/02 M2003 1020 597097 11/01/02 1825 1020 597098 11/01/02 2045 1020 597099 11/01/02 M2003 1020 597100 11/01/02 695 1020 597100 11/01/02 695 1020 597100 11/01/02 695 TOTAL CHECK 1020 597101 11/01/02 696 1020 597101 11/01/02 696 1020 597101 11/01/02 696 1020 597101 11/01/02 686 1020 597101 11/01/02 696 1020 597101 11/01/02 696 TOTAL CHECK 1020 597102 11/01/02 699 1020 597103 11/01/02 700 1020 597104 11/81/02 701 1020 597105 11/01/02 1013 1020 597105 11/01/02 1013 TOTAL CHECK 1020 597106 11/01/02 1013 1020 597107 11/01/02 1836 1020 597108 11/01/02 2781 1020 597108 11/01/02 2781 TOTAL CEECK 1020 597109 11/01/02 2665 1020 597110 11/01/02 2226 1020 597111 11/01/02 M 1020 597112 11/01/02 738 STATE BOARD OF EQUALIZAT 1104300 STATE BOARD OF EQUALI~J%T 1104300 STATE OF CALIFORNIA 1108407 SUPERIOR FRICTION 6308840 SVCI~ 1104300 SWRN POOLS 110 SYSCO FOOD SERVICES OF S 5506549 SYSCO FOOD SERVICES OF S 5506549 SYSCO FOOD SERVICES OF S 5506549 TADCO SUPPLY 1108303 TADCO SUPPLY 1108312 TADCO SUPPLY 1108321 TADCO SUPPLY 1108314 T~/DCO SUPPLY 1108302 TADCO SUPPLY 1108315 TAP PI~TICS INC 1106647 TARGET SPECIALTY PRODUCT 1108407 TARGET STORES 5606349 TAX COLLECTOR 1101200 TRIPLE PLAY VENDING COMP 5706450 AL TSUGAWA 1104400 AL TSUGAWA 1104400 ERIN TURI 5806349 DNITED RENTALS HIGHWAY T 2708405 VALLACQUA, EVELYN 580 VALLEY OIL COMPAN~ 6308840 ..... DESCRIPTION ...... SALES TAX PAGE 10 AMOUNT RESO 02-182 ;~NlgEX FEE 0.00 300.00 RESO 02-183 A/gNEX FEE 0.00 300.00 J.HETLAND LICENSE 0.00 30.00 BRAKE PARTS 8487 0.00 284.43 FY 2002-2003 OPEN PL~RC 0.00 85.00 REFD ENCROACH BONDS 0.00 1000.00 COFFEE 0.00 63.55 BINGO 0.00 177.23 SOCIALS 0.00 122.60 0,00 363.38 FY 2002-2003 OPEN PURC 0.00 138.34 FY 2002-2003 OPEN PURC 0.00 138.34 FY 2002-2003 OPEN PURC 0.00 138.36 FY 2002-2003 OPEN PURC 0.00 138.34 FY 2002 2003 OPEN PURC 0.00 138.34 FY 2002-2003 OPEN P~RC 0.00 138.34 0.00 830.06 SUPPLIES 17093 0.00 63.82 FY 2002-2003 OPEN PURC 0.00 6308.77 PARTS/SUPPLIES 23043 0.00 31.59 PARCEL 323 34-006-00 0.00 172.69 PARCEL 949-28-326-00 0.00 179.46 0.00 352.15 PARCEL 357 08-037 00 0.00 6215.77 FY 2002-2003 OPEN PURC 0.00 176.00 SERVICE AGREEMENT FOR 0.00 360.00 SERVICE AGREEMENT FOR 0.00 360,00 0.00 720.00 SERVICE AGREEMENT FOR 0.00 406.00 SUPPLIES 8474 0.00 101.26 Refund: Check - FALL E 0.00 142.00 FY 2002-2003 OPEN PURC 0.00 1882.15 RUN DATE 11/01/02 TIME 08:14:58 ii/oi/02 CITY OF CUPERTINO ACCOUNTING PERIOD: 4/03 CHECK REGISTER - DISBURSEMENT FUND SELECTION CRITERIA: transact.trans date between "10/28/2002" and "11/01/2002" FUND - 110 - GENER3%L FUND C~SH ACCT CEECK NO ISSL~ DT .............. VENDOR ............. FUND/DEPT 1020 597113 11/01/02 M2003 VAR, MY THI3 110 1020 597114 11/01/02 746 VIKING OFFICE PRODUCTS 5506549 1020 597115 11/01/02 M VILEICAR, MANJIRI 580 1020 597116 11/01/02 750 VISION SERVICE PL~ (CA} 110 1020 597117 11/01/02 2404 L~/~ETTE VISTE 5806449 1020 597118 11/01/02 754 BARBARA W~kLTON 5806449 1020 597119 11/01/02 765 DR CEI-ESUI D WENG 5706450 1020 597120 11/01/02 774 WESTERN HIGHWAY PRODUCTS 2708405 1020 597121 11/01/02 792 LILY WU 5706450 1020 597122 11/01/02 794 XEROX CORPORATION 1104310 1020 597123 11/01/02 1081 YAMAGA)4I'S NL~SERY 1106647 1020 597124 11/01/02 M YANG, YING-CHI 580 1020 597125 11/01/02 M YITSKEN, JOSEPNINE 580 1020 597126 11/01/02 799 ZANKER ROAD LAI~DFILL 5208003 1020 597126 11/01/02 799 ZANKER ROAD LANDFILL 5208003 1020 597126 11/01/02 799 ZA]~KER RO~kO LJ~NDFILL 5208003 TOTAL CHECK 1020 597127 11/01/02 M ZI~J, JANE 580 TOTAL CASE ACCOI/NT TOTAL FUND TOTAL REPORT ..... DESCRIPTION ..... SALES TAX UNUSED ARCHITECT DPST 0.00 OFFICE SUPPLIES 16059 0.00 Refund: Check - REFOND 0.00 NOV2002 PREMIUM 0.00 SERVICE AGREEMENT FOR 0.00 SERVICE AGREEMENT FOR 0.00 SERVICE AGREEMENT FOR 0.00 FY 2002-2003 OPEN PURC 0.00 SERVICE AGREEMENT FOR 0.00 FY 2002-2003 OPEN PURC 0.00 L3~SCAPE SUPPLY 15607 0,00 Refund: Check - FALL E 0.00 Refund: Check - REFUND 0.00 COMPOST DLVRY SEPT2002 0.00 yARDWASTE SEPT2002 0.00 YARDWASTE AUG2002 0.00 0.00 0.00 0.00 0.00 Refund: Check - FkLL. 0.00 PAGE 11 AMOUNT 105.27 268.44 100.00 2134.40 200.00 lOOO.O0 450.00 112.58 337.50 1122.43 38.92 105.00 100.00 400.00 13684.25 14122.48 28206.73 120.00 978469.10 978469.10 978469.10 RUN DATE 11/01/00 TIME 08:14:58 - FINARCIAL ACCOUNTING -/2 DRAFT RESOLUTION NO. 02-206 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 NOVEMBER 08, 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 from the fimds as hereinafter set forth in Exhibit "A". CERTIFIED: Dire~to3 o~f:Administrative Services PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this !.Sthday of November ,2002, by the following vote: Vote Members of the City Council AYES: NOES: ABSENT: ABSTAIN: ATTEST: APPROVED: City Clerk Mayor, City of Cupertino 11/07/02 ACCOUNTING PERIOD: 5/03 CITY OF CUPERTINO CHECK REGISTER - DISBURSEMENT FUND SELECTION CRITERIA: transact.tran~ date between "11/04/2002" and "11/08/2002" CASH ACCT CHECK NO ISSUE DT .............. VENDOR ............. FL~/DEPT 1020 597128 11/04/02 1020 597129 11/04/02 1020 597130 11/08/02 1020 597131 11/08/02 1020 597132 11/08/02 1020 597133 11/08/02 1020 597134 11/08/02 1020 597135 11/08/02 1020 597136 11/08/02 1020 597136 11/08/02 1020 597136 11/08/02 TOTAL CHECK 1020 597137 11/08/02 M2003 VACULA AUTOMOTIVE 6308840 783 WIEBE PAINTING 1108506 2110 ABC BACKFLOW TESTING REP 1108312 858 ACI HOLDINGS, INC. 1100000 2634 ;%PT 5606620 1680 ADVA~AGE GRAFIX 4209119 2566 TOM AID~ 4239222 888 ALOHA POOL MAINTENANCE I 5708510 2330 A~ERICAN INDUSTRIAL SUPP 1108314 2330 AMERICAN INDUSTRIAL SUPP 1108314 2330 ~4ERIC~ INDUSTRIAL SUPP 2708405 96 ARROWHEAD MTN SPRING WAT 5606620 1020 597138 11/08/02 864 1020 597139 11/08/02 968 1020 597139 11/08/02 968 1020 597139 11/08/02 968 1020 5~7139 11/08/02 968 1020 597139 11/08/02 968 1020 597139 11/08/02 968 1020 597139 11/08/02 968 1020 597139 11/08/02 968 1020 597139 11/08/02 968 1020 597139 11/08/02 968 1020 597139 11/08/02 968 1020 597139 11/08/02 968 TOTAL C~ECK 1020 597140 11/08/02 1020 597141 11/08/02 1020 597142 11/08/02 1020 597143 11/08/02 1020 597144 11/08/02 1020 597144 11/08/02 1020 597144 11/08/02 1020 597144 11/08/02 CAROL ATWOOD 1104000 BAP AUTO PkRTS 6308840 BAP AUTO PARTS 6308840 BAP AUTO PARTS 6308840 BAP AUTO PARTS 6308840 BAP AUTO PARTS 6308840 BAP AUTO PARTS 6308840 BAP AUTO PARTS 6308840 BAP AUTO PARTS 6308840 BAP AUTO PARTS 6308840 BAP AUTO PARTS 6308840 BAP AUTO PARTS 6308840 BAP AUTO PARTS 6308840 PAGE 1 ..... DESCRIPTION ...... SALES TAX AMOUNT COD SEOP EQUPT PARTS 0.00 132.40 ADDUBON CONF RM PAINTI 0.00 1680.00 BACKFLOW TEST 0.00 50.00 J'JLY-SEPT2002 0.00 128150.82 MONITORING 11/1-1/31/0 0.00 45.00 BA~CE ON INVll608 0.00 9.93 SERVICE AGREEMENT FOR O.O0 7813.69 OCT2002 MAINTEN;~NCE 0.00 529.86 SUPPLIES 8483 0.00 543.38 SUPPLIES 8484 0.00 424.34 SUPPLIES 8380 0.00 368.47 0.00 1336.19 DRINKING WATER 0.00 67.68 FY 2002-2003 OPEN PURC 0.00 25.85 FY 2002-2003 OPEN PURC 0.00 128.12 RETURN P.O.52973 0.00 =66.63 RE~--JRI~ P.O.52973 0.00 -7.22 RETJR~N P.O.52973 0.00 -16.98 FY 2002-2003 OPEN PLrRC 0.00 7.47 FY 2002-2003 OPEN PDRC 0.00 89.50 FY 2002-2003 OPEN PDRC 0.00 26.22 FY 2002-2003 OPEN PURC 0.00 16.78 FY 2002-2003 OPEN PURC 0.00 20.15 PY 2002-2003 OPEN PURC 0.00 140.54 FY 2002-2003 OPEN PURC 0.00 44.51 0~00 406.31 REFD ENCROACH PEP~IT 0.00 500.00 FY 2002-2003 OPEN PURC 0.00 453.14 KIM SMIT~ DUES 2002/03 0.00 125.00 PROGP~ING NOV2002 0.00 253.33 PREMIOM NOV02 ADMIN 0.00 -801.39 PREMIUM NOV02 0.00 -1365.83 PREMIUM NOV02 RETIREE 0.00 27917.68 PREMIUM NOV02 AUTIVE 0.00 52302.54 RUN DATE 11/07/02 TIM~ 12:56:51 - FINANCIAL ACCOUNTING 11/07/02 CITY OF CUPERTINO PAGE 2 ACCOUNTING PERIOD: 5/03 C~ECK REGISTER - DISBURSEMENT FUND SELECTION CRITERIA: transact.trans date between "11/04/2002" and "11/08/2002" FUND - 110 - GENERAL FUND CASH ACCT CHECK NO ISSUE DT .............. VENDOR ............. FUND/DEPT TOTAL UEECK 1020 597145 11/08/02 1145 C3%LIFOP~NIA SURVEYING & D 4239222 1020 597146 11/08/02 132 1020 597146 11/08/02 132 1020 597146 11/08/02 132 1020 597146 11/08/02 132 1020 597146 11/08/02 132 TOTAL CHECK CALIFORNIA WATER SERVICE 1108314 CALIFORNIA WATER SERVICE 1108314 CALIFORNIA WATER SERVICE 1108407 CALIFORNIA WATER SERVICE 1108508 C-ALIFOR~IA WATER SERVICE 1108407 1020 597147 11/08/02 2232 1020 597147 11/08/02 2232 TOTAL CHECK CARIAGA, LOURDES 110 CARIAGA, LOURDES 110 1020 597148 11/08/02 146 1020 597148 11/08/02 146 1020 597148 11/08/02 146 1020 597148 11/08/02 146 TOTAL CHECK C~H 5806349 C~H 1101065 CASH 1106265 C3~H 1106343 1020 597149 11/08/02 155 CENTRAL WHOLESALE NURSER 1108303 1020 597150 1020 597150 TOTAL CHECK 11/08/02 1057 11/08/02 1057 CERIDIAN BENEFITS SERVIC 110 CERIDIAN BENEFITS SERVIC 110 1020 597151 1020 597151 TOTAL CHECK 11/08/02 1820 11/08/02 1820 CERIDIAN BENEFITS SERVIC 1104510 CERIDIAN BENEFITS SERVIC 110 1020 597152 11/08/02 1156 C~A 1020 597153 1020 597153 TOTAL CHECK 11/08/02 192 11/08/02 192 1020 597154 11/08/02 M2003 CMTA DIVISION 7 1104100 1020 597155 11/08/02 175 COCA-COLA USA 5606620 1020 597156 11/08/02 1407 CU~ING HENDERSON TIRE 6308840 1020 597157 11/08/02 M Cassidy, Diane R. 550 1020 597158 11/08/02 1034 DAILY JOURNAL CORPORATIO 1101500 1020 597159 11/08/02 1034 DAILY JOURNAL CORPORATIO 110~500 1020 597160 11/08/02 201 DAPPER TIRE CO 6308840 ..... DESCRIPTION ...... SALES TAX 0.00 78053.00 SUPPLIES 0.00 37.27 SEPT2002 SERVICE 0.00 23.41 SEPT2002 SERVICE 0.00 593.82 SEPT2002 SERVICE 0.00 3558.20 SEPT2002 SERVICE 0.00 5.85 SEPT2002 SERVICE 0.00 148.46 0.O0 4329.74 SSGA~S~T 0.00 103.84 CSGARNSS~T 0.00 306.50 0.00 410.34 PETTY CASH 10/18-11/01 PETTY C;%SH 10/18-11/01 PETTY CASH 10/18+11/01 PETTY CASH 10/18-11/01 LA--SCAPE SUPPLY 8473 *FLEX DEP/240125 *FLEX HLTH/240125 ADM FEES OCTOBER2002 NDM FEES OCTOBER2002 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 PRE-EMPLOY PHYS T.TEFF PRE-EMPLY PHYS D.JOHNS MEETING 12/6 C.FERRELL FOU~AIN SEPT/OCT 2002 FY 2002=2003 OPEN PURC Refund: Check - IMovie S.FRANCISCO DAILY JRNL NO.CA. COURT RULES FY 2002-2003 OPeN PURC 162.32 57.24 23.93 245.64 116.37 165.40 426.94 592.34 27.50 22.50 50.00 132.00 115.00 75.00 190.00 35.00 43.30 139.95 40.00 644.09 265.00 93.28 RUN DATE 11/07/02 TIME 12:56:52 - FINANCIAL ACCOUNTING -15 11/07/02 CITY OF CUPERTINO ACCOUNTING PERIOD: 5/03 CHECK REGISTER - DISBURSEMENT FUND SELECTION CRITERIA: transact.trans_date between "11/04/2002" and "11/08/2002" FUND - 110 - GENERAL FUND CASH ACCT CHECK NO 1020 597161 11/08/02 211 1020 597161 11/08/02 211 1020 597161 11/08/02 211 TOTAL CHECK 1020 597162 11/08/02 1242 1020 597162 11/08/02 1242 1020 597162 11/08/02 1242 TOTAL CHECK 1020 597163 1020 597164 1020 597165 1020 597166 1020 597166 TOTAL CHECK 1020 597167 1020 597168 1020 597169 1020 597170 1020 597171 1020 597172 1020 597173 1020 597174 1020 597175 1020 597176 1020 597176 1020 597176 1020 597176 1020 597176 1020 597176 1020 597176 1020 597176 1020 597176 TOTAL CHECK 1020 597177 DELTA DENTAL PLAN OF CA 110 DELTA DENTAL PLAN OF CA 110 DELTA DENTAL pLaN OF CA 110 DIGITAL PRINT IMPRESSION 1104510 DIGITAL PRINT IMPRESSION 1104310 DIGITAL PRINT IMPRESSION 1104310 11/08/02 1354 11/08/02 220 11/08/02 223 11/08/02 225 11/08/02 225 11/08/02 240 11/08/02 242 11/08/02 243 11/08/02 1059 11/08/02 234 11/08/02 251 11/08/02 261 11/08/02 2304 11/08/02 2361 11/08/02 2361 11/08/02 2361 11/08/02 2361 11/08/02 2361 11/08/02 2361 11/08/02 2361 11/08/02 2361 11/08/02 2361 11/08/02 2361 DIRECT SAFETY COMP;%/Ff 1108005 DISCOUNT SCHOOL SUPPLY 5806349 DON & MIKE'S SWEEPING IN 2308004 DONE RIGHT ROOFING & GUT 1108501 DONE RIGHT ROOFING & GUT 1108501 ELIZ]kBETH AI~ ELLIS 1101670 EMPLO~ENT DEVEL DEPT 110 EMPLOYMENT DEVELOPMENT 110 EMPLOYMENT DEVELOPMENT D 1104510 ENGINEERING DATA SERVICE 1104300 EVANS NEST VALLEY SPRAy 1108303 FEHR & PEERS ASSOC INC 110 FIELD PAOLI ARCHITECTURE 4269212 FIRST BANKC~ 1108501 FIRST BANKCARD 5806349 FIRST BANKCARD 1101065 FIRST B;~NKC3%RD 5706450 FIRST BANKC~D 1106300 FIRST B~/~qfC~D 1106647 FIRST BANKCARD 1106343 FIRST BANKCARD 5806249 FIRST BANKCARD 1106200 FIRST BANKCARD 1106400 11/08/02 2361 FIRST BA~KCARD ..... DESCRIPTION ...... SALES TA~ AMOUNT OE3 1539-002 0.00 4176.48 CEA 1539-003 0,00 6370.83 UNREP 1539-001 0.00 3452.76 0.00 14000.07 EMPLOYMENT APPLICATION 0.00 699.48 ~%SER SHIPPING I~ELS 0.00 537.64 DOUBLE SPILL KILLER 0.00 28.20 PRESCHOOL SUPPLIES 0.00 1516.85 FY 2002-2003 OPEN PURC 0.00 11437.81 CITYI~ALL ROOF AND GUTT 0.00 3569.00 TIME/MATERIALS 0.00 400.00 0.00 3969.00 TR3~NSCRIBE 8/26-10/14 0.00 1900.00 SIT/932-0014-5 0.00 17221.61 SDI/776 5260-0 0.00 388.12 UI TAX ACCT 932-0014 5 0.00 187.00 NOTICES 10/21 & 11/04 0.00 133.58 DEEP ROOT FEEDING MEMP 0.00 3200.00 R#19729 0.00 640.00 0.00 32883.93 0.00 153.24 0CT2002 STATE~NT 0CT2802 STATEMENT 0.00 853.79 0CT2002 STATEMENT 0.80 270.24 OCT2002 STATEMENT 0.00 146.00 0CT2002 STATEMENT 0.00 9.73 0C~2002 STATEMENT 0.00 33.20 0CT2002 STATEMENT 0.00 574.95 0CT2002 STATEMENT 0.00 125.00 0UT2002 STATEMENT 0.00 130.00 0CT2002 STATEMENT 0.00 130.00 0.00 2272.91 OCT2002 STATEMENT 0.00 49.34 RUN DATE 11/07/02 TI~ 12:56:53 FINANCIAL ACCOUNTING 11/07/02 CITY OF C'JPERTINO PAGE 4 ACCOUNTING PERIOD: 5/03 CHECK REGISTER - DISBURSEMENT FUND SELECTION CRITERIA: transact.trans_da~e between "11/04/2002" and "11/08/2002" FUND - 119 - GENERAL FUND 1020 597178 11/08/02 2361 FIRST BANKCARD 5806649 1020 597178 11/08/02 2361 FIRST BANKCARD 5606620 1020 597178 11/08/02 2361 FIRST BANKCARD 5606680 TOTAL CHECK 1020 597179 11/08/02 2361 FIRST BANKC~D 1103500 1020 597179 11/08/02 2361 FIRST B;~NKCARD 1101000 1020 597179 11/08/02 2361 FIRST B;~NKCARD 1101000 1020 597179 11/08/02 2361 FIRST B~/gKC-~RD 1101200 1020 597179 11/08/02 2361 FIRST B/LNKCJ%RD 1103500 TOTAL CHECK 1020 597180 11/08/02 274 FRY'S ELEC~fRONICS 1108312 1020 597180 11/08/02 274 FRY'S ELECTRONICS 1108315 1020 597180 11/08/02 274 FRY'S ELECTRONICS 1108315 1020 597180 11/08/02 274 FRY'S ELEC~fRONICS 6308840 TOTAL CHECK 1020 597181 11/08/02 281 GARDENL~ 1108315 1020 597181 11/08/02 281 G;~RDENL4%ND 1108315 TOTAL CHECK 1020 597182 11/08/02 776 GCS WESTERN POWER & EQUI 6308840 1020 597183 11/08/02 2785 GRADE TECH INC 4209116 1020 597184 11/08/02 298 GRAINGER INC 6308840 1020 597184 11/08/02 298 GRAINGER INC 1108830 1020 597184 11/08/02 298 GRAINGER INC 1108303 1020 597184 11/08/02 298 GRAINGER INC 6308840 1020 597184 11/08/02 298 GRAINGER INC 1108005 TOTAL CHECK 1020 597185 11/08/02 M Guidotti, Constance 550 1020 597186 11/08/02 1426 ~L~RMONIOUS TECHNOLOGIES 5208003 1020 597187 11/08/02 325 DANIEL HEDDHE 1106265 1020 597188 11/08/02 M2003 HO, K. Y. 5606640 1020 597189 11/08/02 1898 AUTOMATIC RAIN CO. 1108312 1020 597189 11/08/02 1898 AX3TONATIC RAIN CO. 1108407 1020 597189 11/08/02 1898 AL~rOMATIC RAIN CO. 1108302 1020 597189 11/08/02 1898 AUTOF~TIC RAIN CO. 1108303 1020 597189 11/08/02 1888 AUTOF~TIC RAIN CO. 1108321 1020 597189 11/08/02 1898 AUTOMATIC RAIN CO. 1108315 1020 597189 11/08/02 1898 AUTOMATIC RAIN CO. 1108312 1020 597189 11/08/02 1898 AUTOMATIC RAIN CO. 1108314 1020 597189 11/08/02 1898 AUTf~ATIC RAIN CO. 1108315 1020 597189 11/08/02 1898 AUTOMATIC RAIN CO. 1108303 DESCRIPTION ...... SALES TAX AMOUNT 0CT2002 STATEMENT 0.00 477.46 OCT2002 STATEMENT 0.00 96.67 0C'f2002 STATEME~T 0.00 60.40 0.00 634.53 0CT2002 STATEMEN~T 0.00 26.69 0CT2002 STATEME~ 0.00 50.00 0C~2002 STATEME~T 0.00 237.41 OCT2002 STATEME~Fr O.O0 5.40 0CT2002 STATEMENT 0.00 67.05 0.00 386.55 SLrPPLIE8 8486 0.00 440.56 RE~JJ~ ~7113787 0.0O -212.17 SUPPLIES 8500 0.00 117.93 SUPPLIES 8452 0.00 238.14 0.00 584.46 SUPPLIES 8425 0.00 467.10 SUPPLIES 8482 0.00 467.10 0.00 934.20 STEERING VALVE AND COL 0.00 0.00 1384.75 79867.30 PARTS/SUPPLIES 8476 0.00 10.85 PARTS/SUPPLIES 8476 0.00 35.00 PARTS/SUPPLIES 8485 0.00 333.24 PARTS/SUPPLIES 8476 0.00 125.56 P~-RTS/SUPPLIES 8476 0.00 160.02 0.00 664.67 0,00 Refund: Check - IMovie 40,00 SUPPLIES 16651 0.00 289.00 SECL~ITY Q.CTR 10/26 0.00 175.00 REIMBURSE/BROKEN WINDO 0.00 615.30 FY 2002-2003 OPEN PHEC FY 2002-2003 OPEN PDRC FY 2002-2003 OPEN PURC FY 2002-2003 OPEN PURC FY 2002-2003 OPEN PDRC FY 2002-2003 OPEN PURC FY 2002-2003 OPEN PURC FY 2002-2003 OPEN PURC FY 2002-2003 OPEN PDRC FY 2002-2003 OPEN PL~RC 0.00 0.00 0.00 0.00 0.00 0,00 0.00 0.00 0.00 0.00 227.16 56.59 56.59 227.15 56.58 56.59 56.58 227.15 227.16 RUN DATE 11/07/02 TI~ 12:56:54 - FINANCIAL ACCOUNTING 11/07/02 CITY OF CUPERTINO ACCOUNTING PERIOD: 5/03 CHECK REGISTER - DISBURSEMENT FUND SELECTION CRITERIA: transact.trans_date between ',11/04/2002- and .11/08/2002- FUND - 110 - GENERAL FUND ..... DESCRIPTION ...... FY 2002-2803 OPEN PURC FY 2002-2003 OPEN PURC FY 2002-2003 OPEN PURC Refund: Check - cancel Refund: Check - Deposi Refund: Check - Italy Refund: Check - Deposi WRKZONE SFTY 12/10-11 SUPPLIES 24398 SUPPLIES 17087 SUPPLIES BROChgJRES 23021 SUPPLIES 8478 ALLOCATION/LAFCO PAYD~ FY 2002-2003 OPEN PURC PERIOD 8/1/02-7/31/03 Refund: Check - FALL: SUPPLIES 15941 SUPPLIES 24396 RIBBONS 25305 J TRYBUS 385960533 SUPPLIES FY 2002-2003 OPEN PURC FY 2002-2003 OPEN PURC LANDSCAPE SUPPLIES 850 FY 2002-2003 OPEN PURC 10/24-11/20 RENTAL PAGE 5 AMOUNT 227.16 56.58 227.15 1754.55 750.00 750.00 350.00 750.00 6352.14 800.00 27.06 315.18 1698.00 42.63 371.93 2812.15 947.47 4680.00 55.00 43.70 5.50 44.38 93.58 RUN DATE 11/07/02 TIME 12:56:55 11/07/02 CITY OF CUPERTINO ACCOUNTING PERIOD: 5/03 CHECK REGISTER - DISBURSEMENT FUND SELECTION CRITERIA: transact.trans_date between "11/04/2002" and "11/08/2002" FL~ - 110 - GENERAL FUND PAGE 6 ..... DESCRIPTION ...... S;LLES TAX AMOUNT 1020 597210 11/08/02 302 NATIONAL DEFERP~ED COMPEN 110 1020 597211 11/08/02 M2003 NATURE WOE 5506549 1020 587212 11/08/02 2831 NOBLTE KAITE 1103300 1020 597213 11/08/02 493 OFFICE DEPOT 1103500 1020 597213 11/08/02 493 OFFICE DEPOT 1108601 1020 597213 11/08/02 493 OFFICE DEPOT 1108101 1020 597213 11/08/02 493 OFFICE DEPOT 1108601 TOTAL CHECK 1020 597214 1020 597215 1020 597216 1020 597217 1020 597217 1020 597217 TOTb~L CHECK 1020 597218 1020 597218 TOTb. L CHECK 11/o8/o2 11/08/02 11/08/02 11/08/02 11/08/02 11/08/02 11/08/02 11/08/02 494 OFFICE DEPOT CREDIT PL~ 1101500 1190 RONALD OLDS 1103500 501 OPERATING ENGINEERS #3 110 500 OPERATING ENGINEERS PUB 110 500 OPERATING ENGINEERS PUB 1104510 500 OPERATING ENGINEERS PUB 1104510 503 ORCI{AP~ SUPPLY 5606620 503 ORC~D SUPPLY 5606620 1020 597219 11/08/02 981 1020 597219 11/08/02 981 1020 597219 11/08/02 981 1020 597219 11/08/02 981 1020 597219 11/08/02 981 1020 597219 11/08/02 981 1020 597219 11/08/02 981 1020 597219 11/08/02 981 1020 597219 11/08/02 981 1020 597219 11/08/02 981 1020 597219 11/08/02 981 1020 597219 11/08/02 981 1020 597219 11/08/02 981 1020 597219 11/08/02 981 1020 597219 11/08/02 98t 1020 597219 11/08/02 981 1020 597219 11/08/02 981 1020 597219 11/08/02 981 TOTAL C~ECK 1020 597220 11/08/02 507 1020 597221 11/08/02 833 ORCFLARD SUPPLY HARDWARE 2708405 ORCI~D SUPPLY blARDWARE 1108312 ORCHARD SUPPLY HARDWARE 6308840 ORCHARD SUPPLY H/~WARE 1108507 ORCFL%RD SUPPLY FL%RDWARE 2708404 ORCEARD SUPPLY HARDWARE 6308840 ORC~ SUPPLY F-%RDWARE 2708404 OEC/~ SUPPLY H~W/kRE 2708404 ORC/qARD SUPPLY HARDWARE 1108312 ORC~ SUPPLY ~ARDWARE 2708405 ORCHARD SUPPLY HltRDWARE 1108303 ORCHARD SUPPLY HARDWARE 1108315 ORC~ SUPPLY HARDWARE 2708404 ORCNARD SUPPLY HARDWARE 1108303 ORC~D SUPPLY bIARDNARE 1108303 ORC~D SUPPLY FIARDWARS 5706450 ORC~ SUPPLY HARDWARE 1108407 ORC~ SUPPLY bIARDWARE 1108312 DAN OSBORNE DBA:OSBORNE 1108506 P E E S 110 'NAT'L DEF 0.00 18597.22 LUNCH CATERING 11/06 0.00 146.13 TR;%NSCRIPTION SERV. 0.00 800.00 OFFICE SUPPLIES 0.00 12.98 OFFICE SUPPLIES 0.00 227.69 OFFICE SUPPLIES 0.00 6.48 OFFICE SUPPLIES 6.00 172.19 0.00 419.34 OFFICE SUPPLIES 0.00 75.80 SERVICE AGREEMENT FOR 0.00 165.00 UNION DOES 0.00 601.02 H & W P.W EMPLOYEES 0.00 5388.00 E & W P.W. RETIRED SPS 0.00 4575.00 H & W P.W. RETIREE 0.00 898.00 0.00 10861,00 FY 2002-2003 OPEN PUNC 0.00 252.70 ON-TIME DISCOUNT 0.00 -5.18 0.00 247.52 PARTS/SUPPLIES 27146 0.00 35.97 PARTS/SUPPLIES 8424 0.00 429.86 PARTS/SUPPLIES 8452 0.00 66.81 PARTS/SUPPLIES 8440 0.00 133.96 PARTS/SUPPLIES 24395 0.00 51.93 PARTS/SUPPLIES 24331 0.00 6.44 PARTS/SUPPLIES 27165 0.00 29.68 PARTS/SUPPLIES 8418 0.00 59.46 PARTS/SUPPLIES 8438 0.00 106.91 PARTS/SUPPLIES 27112 0.00 46.67 PARTS/SUPPLIES 8445 0.00 578.37 PARTS/SUPPLIES 8471 0.00 249.43 PARTS/SUPPLIES 8408 0.00 51.87 PARTS/SUPPLIES 13059 0.00 41.54 PARTS/SUPPLIES 13058 0.00 45.45 PARTS/SUPPLIES 17040 0.00 87.40 PARTS/SUPPLIES 24394 0.00 48.65 PARTS/SUPPLIES 8447 0,00 240.62 0.00 2311.02 RLTN DATE 11/07/02 TIME 12:56:56 - PINANCIAL ACCOUNTING 11/07/02 CITY OF CUPERTINO PAGE 7 ACCOUNTING PERIOD: 5/03 CHECK REGISTER - DISBURSEMENT FUND SELECTION CRITERIA: transac~.~rans_da~e between "11/04/2oo2" and "11/08/2002" FUND - 110 - GENERAL FUND ..... DESCRIPTION ...... SALES TAX 1020 597221 11/08/02 833 P E R S 110 *PERS BYBK 0.00 1020 597221 11/08/02 833 P E R S 110 PERS SPEC 1020 597221 11/08/02 833 P E R S 110 PEES EMPLY 0.00 1020 597221 11/08/02 833 P E R S 110 *PERS BYBK 0.00 1020 597221 11/08/02 833 P E R S 110 PERS 1959 1020 597221 11/08/02 833 P E R S 110 PERS EMPLY 0.00 TOTAL CHECK 0.00 6104800 1020 597222 11/08/02 2692 PACIFIC BELL WORLDCOM WORLDCOM 'WORLDCOM 'WORLDCOM 'WORLDCOM 'WORLDCOM 'WORLDCOM 'WORLDCOM 'WORLDCOM 'WORLDCOM WORLDCOM 'WORLDCOM 'WOHLDCOM 'WORLDCOM 'WORLDCOM 'WORLDCOM 'WORLDCOM 'WORLDCOM 5606640 5708510 1106265 1107301 1107302 1107301 1108504 1108511 1107200 1106647 1108504 1106500 1106529 1106265 1106100 1104400 1104530 1108407 5706450 5606620 1108507 1108503 1108601 1106647 1104510 1104200 1104100 1104000 1103500 1103300 1104300 1101500 1102100 1101000 1101200 1108501 1106265 1108602 1108102 1108101 1108001 1020 597225 11/08/02 511 PACIFIC BELL 1020 597225 11/08/02 511 PACIFIC BELL 1020 597225 11/08/02 511 PACIFIC BELL 1020 597225 11/08/02 511 PACIFIC BELL 1020 597225 11/08/02 511 PACIFIC BELL 1020 597225 11/08/02 511 PACIFIC BELL 1020 597225 11/08/02 511 PACIFIC BELL 1020 597225 11/08/02 511 PACIFIC BELL 1020 597225 11/08/02 511 PACIFIC BELL 1020 597225 11/08/02 511 PACIFIC BELL 1020 597225 11/08/02 511 PACIFIC BELL 1020 597225 11/08/02 511 PACIFIC BELL 1020 597225 11/08/02 511 PACIFIC BELL 1020 597225 11/08/02 511 PACIFIC BELL 1020 597225 11/08/02 511 PACIFIC BELL 1020 597225 11/08/02 511 PACIFIC BELL 1020 597225 11/08/02 511 PACIFIC BELL 1020 597225 11/08/02 511 PACIFIC BELL 1020 597225 11/08/02 511 PACIFIC BELL 1020 597225 11/08/02 511 PACIFIC BELL 1020 597225 11/08/02 511 PACIFIC BELL 1020 597225 11/08/02 511 PACIFIC BELL 1020 597225 11/08/02 511 PACIFIC BELL 1020 597225 11/08/02 511 PACIFIC BELL 1020 597225 11/08/02 511 PACIFIC BELL 1020 597225 11/08/02 511 PACIFIC BELL 1020 597225 11/08/02 511 PACIFIC BELL 1020 597225 11/08/02 511 PACIFIC BELL 1020 597225 11/08/02 511 PACIFIC BELL 1020 597225 11/08/02 511 PACIFIC BELL 1020 597225 11/08/02 511 PACIFIC BELL 1020 597225 11/08/02 511 PACIFIC BELL 1020 597225 11/06/02 511 PACIFIC BELL 1020 597225 11/08/02 511 PACIFIC BELL 1020 697225 11/08/02 511 PACIFIC BELL 1020 597225 11/08/02 511 PACIFIC BELL 1020 597225 11/08/02 511 PACIFIC BELL 1020 597225 11/08/02 511 PACIFIC BELL 1020 597225 11/08/02 511 PACIFIC BELL 1020 597225 11/08/02 511 PACIFIC BELL 1020 597225 11/08/02 511 PACIFIC BELL AMOUNT 180.14 104.26 25365.76 462.65 118.11 216.60 26485.04 10/20-11/10 0.00 91.80 TELEPHONE SERV SEPT200 TELEPHONE SERV SEPT200 TELEPHONE SERV SEPT200 TELEPHONE SERV SEPT200 TELEPHONE SERV SEPT200 TELEPHONE SERV SEPT200 TELEPHONE SERV SEPT200 TELEPHONE SERV SEPT200 TELEPHONE SERV SEPT200 TELEPHONE SERV SEPT200 TELEPHONE SERV SEPT200 TELEPHONE SERV SEPT200 TELEPHONE SERV SEPT200 TELEPHONE SERV SEPT200 TELEPHONE SERV SEPT200 TELEPHONE SERV SEPT200 TELEPBONE SERV SEPT200 TELEPHONE SERV SEPT200 TELEPHONE SERV SEPT200 TELEPHONE SERV SEPT200 TELEPHONE SERV SEPT200 TELEPHONE SERV SEPT200 TELEPHONE SERV SEPT200 TELEPHONE SERV SEPT200 TELEPHONE SERV SEPT200 TELEPHONE SERV SEPT200 TELEPHONE SERV SEPT200 TELEPHONE SERV SEPT200 TELEPHONE SERV SEPT200 TELEPHONE SERV SEPT200 TELEPHONE SERV SEPT200 TELEPHONE SERV SEPT200 TELEPHONE SERV SEPT200 TELEPEONE SERV SEPT200 TELEPHONE SERV SEPT200 TELEPEONE SERV SEPT200 TELEPEONE SERV SEPT200 TELEPHONE SERV SEPT200 TELEPHONE SERV SEPT200 TELEPEONE SERV SEPT200 TELEPHONE SERV SEPT200 O.O0 0.00 0.00 0.00 0,00 O,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 O.OO 0,00 0.00 0,00 a.oo o.oo 0.00 0,00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 29.53 236.25 206.71 99.06 59.06 265.78 118.12 59.06 88.59 265.78 30.79 354.37 29.53 472.49 88,89 88.59 206.71 14.64 354.97 295.31 59.06 800.43 88.59 29.53 177.18 88.59 177.18 88.59 88.59 59.06 264.95 924.84 147.65 177.18 BB.59 664.12 90.47 118.12 DATE 11/07/02 TID~ 12:56:57 - FINANCIAL ACCOUNTING 11/07/02 CI~~f OP CUPERTINO PAGE ACCOUNTING PERIOD: 5/03 CHECK REGISTER - DISBURSEMENT FUND SELECTION CRITERIA: tran~act.~rans_date between .11/04/2002" and "11/08/2002" FUND - 110 - GENER3tL FUND 1020 597225 11/08/02 511 PACIFIC BELL/WORLDCOM 5208003 1020 597225 11/08/02 511 PACIFIC BELL/WORLDCOM 1107503 1020 597225 11/08/02 511 PACIFIC BELL/WORLDCOM 1107502 1020 597225 11/08/02 511 PACIFIC BELL/WORLDCOM 2308004 1020 597225 11/08/02 511 PACIFIC BELL/WORLDCOM 1106265 1020 597225 11/08/02 511 PACIFIC BELL/WORLDCOM 1108201 1020 597225 11/08/02 511 PACIFIC BELL/WORLDCOM 6104808 1020 597225 11/08/02 511 PACIFIC BELL/WORLDCOM 1107501 1020 597225 11/08/02 511 PACIFIC BELL/WORLDCOM 5606620 TOTAL CHECK 1020 597226 11/08/02 2444 PACIFIC GA~ & ELECTRIC 1108830 1020 597227 11/08/02 1020 597227 11/08/02 TOTAL CHECK 513 PACIFIC GAS & ELECTRIC 513 PACIFIC GAS & ELECTRIC 1108602 1108407 1020 597228 11/08/02 513 1020 597228 11/08/02 513 1020 597228 11/08/02 513 1020 597228 11/08/02 513 1020 597228 11/08/02 513 1020 597228 11/08/02 513 1020 597228 11/08/02 513 1020 597228 11/08/02 513 1020 597228 11/08/02 513 1020 597228 11/08/82 513 1020 597228 11/08/02 513 1020 597228 11/08/02 513 1020 597228 11/08/02 513 1020 597228 11/08/02 513 1020 597228 11/08/02 513 1020 597228 11/08/02 513 TOTAL 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 GA~ & ELECTRIC PACIFIC GAS & ELECTRIC PACIFIC GAS & ELECTRIC PACIFIC GAS & ELECTRIC PACIFIC GAS & ELECTRIC PACIFIC GAS & ELECTRIC PACIFIC GAS & ELECTRIC PACIFIC GAS & ELECTRIC 5708510 5606620 1108830 1108602 1108503 1108303 1108504 1108407 1108314 1108505 1108312 1108506 1108511 1108501 1108315 1108507 1020 597229 11/08/02 1099 PAVF24ENT ENGINEERING INC 2709450 1020 597230 11/08/02 527 PENINSULA BUILDING MATER 5806449 1020 597231 11/08/02 526 1020 597231 11/08/02 526 TOTAL CHECK PENINSULA DIGITAL IMAGIN 110 PENINSULA DIGIT~L IMAGIN 110 1020 597232 11/08/02 M2803 PEREZ, ~AXIMO 110 1020 597233 11/08/02 533 PERS LONG TERM CARE PROG 110 1020 597234 11/08/02 1456 PI~EY BOWES INC 1104310 1020 597235 11/08/02 1984 POLA~A ENGINEERING, INC. 1108602 ..... DESCRIPTION ...... SALES TAX TELEPHONE SERV SEPT200 0.00 TELEPHONE SERV SEPT200 0.00 TELEPHONE SERV SEPT200 TELEPHONE SERV SEPT200 0.00 TELEPHONE SERV SEPT200 0.00 TELEPHONE SERV SEPT200 0.00 TELEPHONE SERV SEPT200 0.00 TELEPHONE SERV SEPT200 0.00 TELEPHONE SERV SEPT200 0.00 0.00 SERVICE 59 10/31/02 10/01-10/30 10/02-10/30 0.00 0.00 O.O0 0.00 AMOUNT 29.53 118.12 29~53 29.53 88.59 206.18 561.08 383.90 147.65 8907.47 21816.22 42.49 8.32 50.81 OCT2002 SERVICE 0.00 5920.52 OCT20O2 SERVICE 0.00 2105.65 OCT2002 SERVICE 0.00 22.07 OCT2002 SERVICE 0.00 2393.77 OCT2002 SERVICE 0.00 4486.23 OCT2002 SERVICE 0.00 6844.28 OCT2002 SERVICE 0.00 8048.35 OCT2002 SERVICE 0.00 1881.03 OCT2002 SERVICE 0.00 970.74 OCT2002 SERVICE 0.00 3685.40 OCT2002 SERVICE 0.00 674.78 OCT2002 SERVICE 0.00 486.16 OCT2002 SERVICE 0.00 411.54 0CT2802 SERVICE 0.00 9020.37 OCT2002 SERVICE 0.00 243.74 OCT2002 SERVICE 0.00 1363.76 0.00 48558.39 0.00 0.00 SERVICE AGREEMENT FOR SUPPLIES 17588 R#9143 IMPROVE PLANS R#20183 IMPROVEMENT PL RHFD ENCROACH BONE PERS LTC/~2405 FY 2002-2003 OPEN PURC BLDG G FED BUTTONS 0.00 0.00 0,00 0.00 0.00 0.00 0.00 3489.00 103.92 29.55 91.74 121,29 500.00 159.24 257.64 1954.95 RUN DATE 11/07/02 TIME 12:56:58 - FINANCIAL ACCOUNTING 11/07/02 CITY OF CUPERTINO pAGE ACCOUNTING PERIOD: 5/0] CRECK REGISTER - DISBURSEMENT FUND SELECTION CRITERIA: transact.trans_date between "11/04/2002" and "11/08/2002" CASH ACCT CHECK NO ISSUE DT .............. VENDOR ............. FUND/DEPT 1020 597236 11/08/02 509 PW SUPERF~RKETS INC 5806649 1020 597236 11/08/02 509 PW SUPER/4ARKETS INC 1106343 TOTAL CHECK 1020 597237 11/08/02 M Patel, Nitesh 550 1020 597238 11/08/02 M Preston, Glenn 550 1020 597239 11/08/02 2278 QUALLS, R~PH 1108001 1020 597240 11/08/02 581 RELIABLE 1104300 1020 597240 11/08/02 581 RELI;~LE 1104300 TOTAL CHECK 1020 597241 11/08/02 2406 RELIANCE METALCENTER 6308840 1020 597242 11/08/02 959 SAN JOSE MERCURY NEWS 5506549 1020 597247 11/08/02 625 SAN JOSE WATER COMPANY 5708510 1020 597247 11/08/02 625 SAN JOSE WATER COMP~N-f 1108321 1020 597247 11/08/02 625 SAN JOSE WATER COMPA~ 1108314 1020 597247 11/08/02 625 SAN JOSE WATER COMPANY 1108315 1020 597247 11/08/02 625 SAN JOSE WATER COMPI~NY 1108407 1020 597247 11/08/02 625 SA/~JOSE WATER COMPAAD/ 5606620 1020 597247 11/08/02 625 SAN JOSE WATER COMPANY 1108407 1020 597247 11/08/02 625 SAN JOSE WATER COMPANY 1108407 1020 597247 11/08/02 625 SAN JOSE WATER COMP~/~Y 1108407 1020 597247 11/08/02 625 SA/qJOSE WATER COMPANY 1108407 1020 597247 11/08/02 625 SAN JOSE WATER COMPA~rf 1108407 1020 597247 11/08/02 625 SAN JOSE WATER COMP~/qY 1108407 1020 597247 11/08/02 625 SAN JOSE WATER COMPANY 1108407 1020 597247 11/08/02 625 SAN JOSE WATSR COMP;~ 1108407 1020 597247 11/08/02 625 SAN JOSE WATER COMPANY 1108407 1020 597247 11/08/02 625 SAN JOSE WATER COMPANY 1108407 1020 597247 11/08/02 625 SAN JOSE WATER COMPANY 1108312 1020 597247 11/08/02 625 SAN JOSE WATER COMPA~ 1108407 1020 597247 11/08/02 625 SAN JOSE WATER COMP~kNY 5708510 1020 597247 11/08/02 625 SAN JOSE WATER COMPAN~ 1108407 1020 597247 11/08/02 625 SAN JOSE WATER COMPA~ 1108408 1020 597247 11/08/02 625 SAN JOSE WATER COMP~/{Y 1108504 1020 597247 11/08/02 625 SAN JOSE WATER COMP/~ 1108504 1020 597247 11/08/02 625 SAN JOSE WATER COMPANY 1108303 1020 597247 11/08/02 625 SAN JOSS WATER COMPANY 1108303 1020 597247 11/08/02 625 SAN JOSE WATER COMPANY 1108407 1020 597247 11/08/02 625 SAN JOSE WATER COMP~ 1108315 1020 597247 11/08/02 625 SAN JOSE WATER COMPANY 5606640 1020 597247 11/08/02 625 SAN JOSS WATER COMPANY 1108504 1020 597247 11/08/02 625 SAN JOSE WATSR COMP~2Ff 5606620 1020 597247 11/08/02 625 SAN JOSE WATER COMP;~NY 5606620 1020 597247 11/08/02 625 SAN JOSE WATER COMPANY 1108312 1020 597247 11/08/02 625 SAN JOSE WATER COMPANY 1108312 ..... DSSCRIPTION ...... SALES T~-X AMOUNT SUPPLIES 23044 0.00 26.04 SUPPLIES 23037 0.00 17.97 0.00 44.01 Refund: Check - Depos 0.00 750.00 Refund: Check - Going 0.00 32.00 LONG BEACH 10/2-4 0.00 1189.96 OFFICE SUPPLIES 17113 0.00 OFFICE SUPPLIES 17114 0.00 0.00 119.41 40.83 160.24 PARTS/SUPPLIES 8464 0.00 324.75 52 WKS 10/10-10/08/03 0.00 144.18 9/27-10/29 0.00 9.00 9/23-10/2402 0.00 161.07 9/23-10/24 0.00 457.67 9/23-10/24 0.00 2259.78 9/23-10/24 0.00 78.93 8/21-10/23 0.00 174.52 9/23-10/24 0.00 267.89 9/23-10/24 0.00 110.09 9/23-10/24 0.00 39.92 9/23-10/24 0.00 38.26 9/23-10/24 0.00 33.27 9/23-10/24 0.00 22.16 9/23-10/24 0.00 8.87 9/23-10/24 0.00 61.91 9/23-10/24 0.00 456.60 9/23-10/24 O.00 242.98 9/23 10/24 0.00 391.22 9/23-10/24 0.00 96.37 9/23-10/24 0.00 404.51 8/21-10/23 0.00 123.90 9/25-10/23 0.00 25.00 9/23 10/24 0.00 100.53 9/23-10/24 0.00 92.23 9/23-10/24 0.00 80.59 9/23-10/24 0.00 1972.59 9/23-10/24 0.00 36.59 9/23-10/24 0.00 115.60 9/23-10/24 0.00 2216.20 9/27-10/29 0.00 9.00 9/23-10/24 0.00 59.00 9/23-10/24 0.00 138.73 9/23-10/24 0.00 738.39 9/23-10/24 0.00 1227.09 RUN DATE 11/07/02 TI~ 12:56:59 - FINANCIAL ACCOUNTING 11/07/02 CITY OF CUPERTINO PAGE I0 ACCOUNTING PERIOD: 5/03 C~ECK REGISTER - DISBURSEMENT FUND SELECTION CRITERIA: transact.trans date between "11/04/2002,, and "11/08/2002" CASH ACCT CEECK NO ISSUE DT .............. VENDOR ............. FUND/DEPT 1020 597247 11/08/02 625 SA~ JOSE WATER COMPA~ 1108407 1020 597247 11/08/02 625 SAN JOSE WATER COMPA~ 1108407 1020 597247 11/08/02 625 SAN JOSE WATER COMPANY 1108407 1020 597247 11/08/02 625 SAN JOSE WATER COMPA~ 1108321 1020 597247 11/06/02 625 SAN JOSE WATER COMP~JY 1108407 1020 597247 11/08/02 625 SAN JOSE WATER COMP~Y 1108312 1020 597247 11/08/02 625 SAN JOSE WATER COMPANY 1108314 1020 597247 11/08/02 625 SAN JOSE WATER COMPANY 1108407 1020 597247 11/08/02 625 SAN JOSE WATER COMPANY 1108407 0020 597247 11/08/02 625 SAN JOSE WATER COMPA~ 1108314 1020 597247 11/08/02 625 SAN JOSE WATER COMP/~Y 1108314 1020 597247 11/08/02 625 SAN JOSE WATER COMP~/~Y 1108407 1020 597247 11/08/02 625 SAN JOSE WATER COMP~ 1108321 1020 597247 11/08/02 625 SAN JOSE WATER COMPAN~f 1108407 1020 597247 11/08/02 625 SAN JOSE WATER COMPANY 1108506 1020 597247 11/08/02 625 SAN JOSE WATER COMPANY 5708510 1020 597247 11/08/02 625 SAN JOSE WATER COMPANY 1108407 1020 597247 11/08/02 625 SAN JOSE WATER COMPAb~ 1108407 1020 597247 11/08/02 625 SAN JOSE WATER COMPANY 1108505 1020 597247 11/08/02 625 SAN JOSE WATER COMPA/~Y 1108505 1020 597247 11/08/02 625 SAN JOSE WATER COMPA~ 1108407 1020 597247 11/08/02 625 SAN JOSE WATER COMPA~ 1108321 1020 597247 11/08/02 625 SA/q JOSE WATER COMP;~ 1108407 1020 597247 11/08/02 625 SA!~JOSE WATER COMPI~Y 1108315 1020 597247 11/08/02 625 SAN JOSE WATER COMPANY 1108315 1020 597247 11/08/02 625 SAN JOSE WATER COMPANY 1108315 1020 597247 11/08/02 625 SAN JOSE WATER COMPANY 1108407 1020 597247 11/08/02 625 SAI~JOSE WATER COMP~%D/ 1108407 1020 597247 11/08/02 625 SAN JOSE WATER COMPA~ 1108506 1020 597247 11/08/02 625 SAN JOSE WATER COMP;~NY 1109407 1020 597247 11/08/02 625 SAN JOSE WATER COMPANY 1108407 1020 597247 11/08/02 625 S/LNJOSE WATER COMP;~Pf 1108407 1020 597247 11/08/02 625 SAN JOSE WATER COMPA~ 1108407 1020 597247 11/08/02 625 SAN JOSE WATER COMPA/~Y 1108407 1020 597247 11/08/02 625 SAN JOSE WATER COMPANY 1108407 1020 597247 11/08/02 625 SAN JOSE WATER COMPAIV~ 1108407 1020 597247 11/08/02 625 SAN JOSE WATER COMPANY 5606620 1020 597247 11/08/02 625 SAN JOSE WATER COMPANY 1108506 1020 597247 11/08/02 625 SAN JOSE WATER COMP~/~Y 1108407 1020 597247 11/08/02 625 SAN JOSE WATER COMPANY 1108407 1020 597247 11/08/02 625 SAN JOSE WATER COMPANY 1108407 1020 597247 11/08/02 625 SAN JOSE WATER COMPANY 5606620 1020 597247 11/08/02 625 SAN JOSE WATER COMPANY 1108407 1020 597247 11/08/02 625 SAN JOSE WATER COMPANY 5708510 1020 597247 11/08/02 625 SAN JOSE WATER COMPA~ 1108303 1020 597247 11/08/02 625 SAN JOSE WATER COMPANY 1108303 1020 597247 11/08/02 625 SAN JOSE WATER COMPA~ 1108303 1020 597247 11/08/02 625 SAN JOSE WATER COMPA~ 1108503 1020 597247 11/08/02 625 S~/~ JOSE WATER COMPA~ 1108314 1020 597247 11/08/02 625 SAN JOSE WATER COMPANY 1108407 1020 597247 11/08/02 825 SAN JOSE WATER COMPA~ 1108314 ..... DESCRIPTION ...... SALES TAX AMOUNT 8/29-10/31 0.00 171.87 8/29-10/31 0.00 540.75 8/29-10/31 0.00 74.21 8/29-10/31 0.00 3196.97 8/29-10/31 0.00 48.95 8/30-11/01 0.00 119.65 8/29-10/31 0.00 17.99 8/30-10/31 O.O0 119.65 8/30-10/31 0.00 57.37 8/29-10/30 0.00 144.10 9/23-10/24 0.00 831.45 9/23-10/24 0.00 1090.84 9/27-10/29 0.00 36.50 9/23-10/24 0.00 940.94 8/21-10/23 0.00 200.45 8/21-10/23 0.00 140.45 8/29-10/31 0.00 40.52 8/29-10/31 0.00 69.16 9/23-10/24 0.00 293.22 9/23-10/24 0.00 9.00 8/21-10/23 0.00 172.85 9/27-10/29 0.00 36.50 8/29-10/30 0.00 252.72 9/27-10/29 0.00 36.50 9/23-10/24 0.00 1943.12 9/23-10/24 0.00 66.15 9/23-10/24 0.00 37.00 9/23-10/24 0.00 37.00 9/23-10/24 0.00 49.88 9/23-10/24 0.00 8.87 8/21-10/23 0.00 38.56 9/23-10/24 0.00 284.51 9/23-10/24 0.00 16.66 9/23-10/24 0.00 15.00 9/23-10/24 0.00 112.15 9/23-10/24 0.00 38.26 9/23-10/24 0.00 32.43 9/23-10/24 0.00 66.50 9/23-10/24 O.O0 16.00 9/23-10/24 0.00 48.23 9/23-10/24 0.00 191.07 9/23-10/24 0.00 157.00 9/23-10/24 0.00 37.00 9/23-10/24 0.00 348.03 9/23-10/24 0.00 409.49 9/23-10/24 0.00 846.36 9/23-10/24 0.00 2120.43 9/23-10/24 O.O0 632.08 9/23-10/24 0.00 755.46 9/23-10/24 0.00 82.26 9/23-10/24 0.00 173.61 R~IN DATE 11/07/02 TI~ 12:57:01 - FINANCIAL ACCOUNTING 11/07/02 CITY OF CUPERTINO ACCOUNTING PERIOD: 5/03 CHECK REGISTER - DISBURSEMENT FUND SELECTION CRITERIA: transact.trans_date between "11/04/2002" and -11/08/2002" FUND - 110 - GENEP~AL FI/ND C~H ACCT CHECK NO ISSUE DT .............. VENDOR ............. FLTND/DEPT 1020 597247 11/08/02 625 SAN JOSE WATER COMPANY 1108314 1020 597247 11/08/02 625 SAN JOSE WATER COMPA~]Y 1108507 1020 597247 11/08/02 625 SAN JOSE WATER COMPANY 1108314 1020 597247 11/08/02 625 S2~N JOSE WATER COMPANY 1108314 1020 597247 11/08/02 625 SAN JOSE WATER COMPANY 1108302 1020 597247 11/08/02 625 SAN JOSE WATER COMPAbTY 1108314 1020 597247 11/08/02 625 SAN JOSE WATER COMPANY 1108314 TOTAL CHECK 1020 597248 1020 597249 1020 597250 1020 597251 1020 597251 TOTAL CHECK 1020 597252 1020 597253 1020 597254 1020 597255 1020 597256 1020 597257 1020 597258 1020 597259 1020 597260 1020 597260 TOTAL CHECK 1020 597261 1020 597261 1020 597261 TOTAL C/gECK 1020 597262 1020 597263 1020 597263 1020 597263 1020 597263 TOTAL CNECK 11/08/02 979 CITY OF SAN JOSE 2109612 11/08/02 M SANKAR, AMUTHA 580 11/08/02 626 SANTA CLARA CO DEPT OF R 1102100 11/08/02 1026 SANTA C]~ COI]I~Y 251 11/08/02 1026 SANTA C]~ COUl~ 250 11/08/02 258 11/08/02 628 11/08/02 M 11/08/02 1530 11/08/02 M2003 11/08/02 2830 11/08/02 2415 11/08/02 677 11/08/02 951 11/08/02 951 11/08/02 690 11/08/02 690 11/08/02 690 SUNNYVALE FORD 6308840 SUNNYVALE FORD 6308840 SUNNYVALE FORD 6308840 11/08/02 M2003 SLrNNYVALE-CUPERTINO 1101500 11/08/02 2045 SVCN 1104300 11/08/02 2045 SVUE 1104300 11/08/02 2045 SVCN 1104300 11/08/02 2045 SVUE 1104300 ..... DESCRIPTION ...... SALES TAX PAGE 1i AMOUNT 9/23-10/24 0.00 198.53 9/23-10/24 0.00 78.93 9/23-10/24 0.00 660.31 9/23-10/24 0.00 653.67 9/23-10/24 0.00 339.72 9/23-10/24 0.00 801.70 9/27-10/29 0.00 9.00 0.00 32195.64 OLT]CFALLS 2000-01/2002 Refund: Check - FALL. CITATIONS SEPT2002 RDA 01/02 PLUS PAXSTHR RDA 01/02 PLUS PASSTHR V ORTEGA 563312780 M MIGLIACCI 556291952 Refund: Check - REFUND FILM REFD ENCROACH BOND PHOTO SESSION/COUNCIL pUBLIC WORKS CONTRACT *PERS DEF OVERPAYMENT LANDSCAPE SUPPLIES 849 FY 2002-2003 OPEN P~/RC FY 2002-2003 OPEN pLTRC FY 2002-2003 OPEN PUNC 0.00 0.00 0.00 0.00 0.00 0.00 O.OO 0.00 0,00 0.00 0,00 0.00 0.00 O.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 BAR ASSOC. 2003 DUES FY 2002-2003 OPEN PURC FY 2002-2003 OPEN PURC FY 2002-2003 OPEN PURC FY 2002-2003 OPEN PURC 10000.00 57.00 1680.00 59376.41 183901.53 243277.94 352.62 76.25 100.00 584.23 500.00 1082.50 20314.80 3918.97 -21.64 220.83 199.19 10.94 21.43 537.44 569.81 85.00 52.50 42.50 90.08 480.00 665.00 RLTN DATE 11/07/02 TIME 12:57:02 FINANCIAL ACCOUNTING 11/07/02 CITY OF CUPERTINO ACCOUNTING PERIOD: 5/03 CHECK REGISTER - DISBURSEMENT FUND SELECTION CRITERIA: ~ransact.trans_date between "11/04/2002" and "11/08/2002" FUND - 110 - GENEP~L FUND 1020 597264 11/08/02 695 1020 597264 11/08/02 695 TOTAL CHECK 1020 597265 11/08/02 698 1020 597265 11/08/02 698 TOTAL CEECK 1020 597266 11/08/02 700 1020 597266 11/08/02 700 1020 597266 11/08/02 700 1020 597266 11/08/02 700 1020 597266 11/08/02 700 1020 597266 11/08/02 700 TOTAL CHECK 1020 597267 11/08/02 701 1020 597267 11/08/02 701 1020 597267 11/08/02 701 TOTAL CHECK 1020 597268 11/08/02 2809 1020 597269 11/08/02 M2003 1020 597270 11/08/02 1993 1020 597271 11/08/02 2781 1020 597272 11/08/02 1053 1020 597273 11/08/02 724 1020 597274 11/08/02 2314 1020 597275 11/08/02 2226 1020 597276 11/08/02 1154 1020 597277 11/08/02 2584 1020 597278 11/08/02 M 1020 597279 11/08/02 310 1020 597280 11/08/02 310 1020 597281 11/08/02 1623 1020 597282 11/08/02 766 SYSCO FOOD SERVICES OF S 5506549 SYSCO FOOD SERVICES OF S 5506549 TALLY'S ENTERPRISES 1108312 TALLY'S ENTERPRISES 2708403 TARGET SPECIALTY PRODUCT 1108314 TARGET SPECIALTY PRODUCT 1108303 TARGET SPECIALTY PRODUCT 1108302 TARGET SPECIALTY PRODUCT 1108315 TARGET SPECIALTY PRODUCT 1108321 TARGET SPECIALTY PRODUCT 1108312 TARGET STORES 5706450 TARGET STORES 1106343 TARGET STORES 1106265 TESTING ENGINEERS INC 4209116 THE WALL STREET JOURNAL 5506549 TREASURER OF ALA~DA COU 110 AL TSUGAWA 1104400 TUBAN INDUSTRIAL PRODUCT 6308840 I~JRF & INDUSTRIAL EQUIPM 5606620 UNITED GREEN TECI4 1108407 UNITED RENTALS HIGh~AY T 1108303 UNITED WAY OF SANTA CLAR 110 I/NIVERSAL DIALOG, INC. 1103300 VARSH~YA, RAJEEV 580 VERIZON WIRELESS 1108501 VERIZON WIRELESS 1102483 WATSONVILLE COAST PRODUC 5806349 WEST BAY STUMP KEMOVltL I 1108408 ..... DESCRIPTION ...... SALES TAR ICE CREAM/BINGO SUPPLIES TIME/MATERIALS pLT~LIC WORKS CONTRACT FY 2002-2003 OPEN PL~RC FY 2002-2003 OPEN PUNC FY 2002-2003 OPEN PURC FY 2002-2003 OPEN PURC FY 2002-2003 OPEN PURC FY 2002-2003 OPEN PURC SUPPLIES 25306 SUPPLIES 23231 SUPPLIES 23046 SERVICE AGREEMENT FOR 26 WEEKS A LOPEZ JR 566398126 SERVICE AGREEMENT FOR PARTS/SUPPLIES 8463 SUPPLIES 15916 TIME/MATERIALS BARRICADES/CONES 8434 UNITED WAY TRANSLATION 9/28-10/9 Refund: Check - FALL. #389369653 0CT2002 #608881609 0CT2002 PUMPKINS GRINDING 10/7,8,21 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0,00 0.00 0,00 0,00 0.00 0.00 0.00 0.00 0.00 0.00 0,00 0.00 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 12 AMOUNT 813.25 140.67 953.92 3300.00 86254.32 89554.32 382.56 1830.00 RUN DATE 11/07/02 TIME 12:57:03 - FINANCIAL ACCOUNTING 11/07/02 CIT~ OF CUPERTINO ACCOUNTING PERIOD: 5/03 C~ECK REGISTER ' DISBURSEMENT FUND SELECTION CRITERIA: transac~.trans date between "11/04/2002" and "11/08/2002" FUND - 110 - GENERAL FUND 1020 597283 11/08/02 768 WEST GROUP PAYMENT C~J~TE 1101500 1020 597284 11/08/02 962 LINDA YELAVICH 5506549 1020 597284 11/08/02 962 LINDA YELAVICH 5506549 1020 597284 11/08/02 962 LINDA YELAVIC~ 5506549 TOTAL CHECK TOTAL REPORT DESCRIPTION ...... SALES TAX SENIOR SOCIALS MEBRSHP CREW LUNCH VOL SUPPORT BREAKFAST PAGE 13 AMOUNT 0.00 102.84 0.00 108.58 0.00 343.96 0.00 33.75 0.00 486.29 0.00 1000894.15 0.00 1000894.15 0.00 1000894.15 RL~ DATE 11/07/02 TI~ 12:57:03 RESOLUTION NUMBER 02-203 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 SALARIES AND WAGES PAID ON November 8, 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 $ 422,812.24 $(118,657.63) NET PAYROLL $ 304.154.61 Payroll check numbers issued 63542 through 63800 Void check number(s) 63751 through 63775 CERTIFIED: ~ ~~ Director of Administrative Services PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this 18t:h day of lqovember ~ 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 CUPER TINO City Hall 10300 Torte Avenue Cupertino, CA 95014-3255 (408) 777-3262 FAX: (408) 777-3366 Agenda Item SUMMARY Date: November 7, 2002 Subject: Award Funds to the 2002-'03 Human Services Program Background: In 2000, the City Council approved a funding policy for the Human Services program, which included set funding levels for each of the six agencies that have traditionally participated in the program. This is the third year of this funding formula, which is based on funding received last year. All recommended organizations provided services as required by existing agreement. Without additional Human Services funding, new applications were not sought to supplant or replace existing services. The combined amount requested by the six agencies exceeds the amount of money the city has allocated by $925.50. Staffis recommending funding at the current levels in order to continue to provide a spectrum of services to meet community needs. Below is a chart comparing last two year's funding program with this year's recommendations. Cupertino Community Services Cupertino Senior Day Services Longterm Care Ombudsman Outreach Second Harvest Food Bank Support Network TOTAL: 2000 Allocation 2001 Budget 2002 Budget $52,200 $54,000 $54,000 $20,528 $21,200 $21,200 $4,755 $ 4,900 $ 4,900 $10,440 $10,800 $10,800 $5,220 $ 5,400 $ 5,400 $5,742 $ 5,900 $ 5,900 $98,885 $102,200 $102,200 Recommendation: Approve the 2002-'03 Human Services funding program as described above. Submitted by: Rick Kitson Public Information Officer Approved for submission: Carol A. Atwood Administrative Services Manager Prn?ted on Recycled Paper CUPERTINO COMMUNITY Services, Inc. September 24, 2002 Rick Kitson Public Information Officer City Hall 10300 Torte Avenue Cupertino, CA 95014-3255 Dear Rick, Cupertino Community Services is pleased to submit our application to the City of Cupertino Human Services Funding Program. We are requesting $54,000. Attached you will also find the following documents: · Application · CCS 2002-2003 Budget · A copy of the agency by-laws, Revised 7/17/2001 · Current List of 2002-2003 Board of Directors · Tax-exempt status letter from the IRS · Certificate of Liability Insurance We appreciate the City of Cupertino's continuous support of our effort to bring the much needed emergency assistance and housing services to community members. Please contact me if you have any questions or concerns. Sinc~ Serving the Communities of Cupertino, West San Jose, Los Gatos, Saratoga and Monte Sereno 10185 N. Stelling Road, Cupertino California 95014 · 408-255-8033 · Fax 408-366-6090 · www. CupertinoCommunityServices.org CITY OF CUPER TINO HUMAN SERVICES F'UNDING PROGRAM APPLICATION Name of organization Address [© t ~ Contact person/title Telephone number City funds requested ,54) ooo Using additional sheets of paper, please respond to the following: 1. How will city funds be used? (Please be specific as to how the Cupertino community is targeted.) 2. Please provide a detailed description ofhow city funds were used last year, and how the ftmding helped to meet your program goals or needs. (Provide current data.) 3. Along with this application form, please submit a budget summary of your organization. 4. If you administer a private, non-profit agency, the following information is required: · A copy ofthe agency by-laws · A current list ofthe agency's board of directors · A letter from the 1RS stating the tax-exempt status of the agency · A copy ofthe agency insurance policy/eerfificate ofinsurance The applicant hereby proposes to provide the services in accordance with the Human Services policy of the city of Cupertino as stated in this proposal. If this proposal is approved and funded, it is agreed that relevant federal, state and local regulations and other assurances as required by the city of Cupertino will be adhered to. Furthermore, as duly authorized representative of the applicant organiza- tion, the applicant is fully capable offulfilling its obligation under this proposal as stated herein. This application and the information contained herein are true and correct and complete to the best of my knowledge. CUPERTINO COMMUNITY SERVICES, INC. CITY OF CUPERTINO HUMAN SERVICES FUNDING APPLICATION 2002-2003 How will city funds be used ? Cupertino Community Services, Inc. (CCS) serves the City of Cupertino by providing basic social services and housing services to extremely-low to low-income community members, including homeless people, students and families from De Anza College and Cupertino Union School District. Services include: Family Services · Food · Used clothing and household items · Emergency cash assistance (funds leveraged from United Way, FEMA, Salvation Army, and other sources) · Case management, information and referrals · Vouchers: Bus passes; Gas vouchers; Motel vouchers for homeless families with young children; Shoes for school age children; Eye glasses and examinations; Salvation Army Thrift Store for clothing items not available at CCS. · Special events: Cupertino Parks & Recreation Fee; Seasonal Baskets; Summer Camps; Back-to-School Shopping Spree; Back-to-School Back Packs; Thanksgiving baskets; December Adopt-A-Family; Housing Services: · Rotating Shelter · Transitional Housing · Affordable Housing · Information and Referrals CCS also provides opportunities for community members and youths to volunteer and work towards making Cupertino a great place to live for all residents. The City of Cupertino fund will be used for bperational support (includes personnel, program and office expenses) for all of CCS programs, which include the Comprehensive Family Assistance Program, Rotating Shelter, Transitional Housing, and Below Market Rate Housing. How were city funds used last year and how did the finding help meet program needs? City funding enabled CCS to leverage over $40,000 one-time cash assistance that goes directly to Cupertino families. Additionally, CCS leveraged and distributed $425,528 worth of in-kind donations, such as meals for the men in our homeless shelter, clothing, automobiles and holiday programs. CCS staff also coordinated 6,293 hours of volunteer services to benefit thc community. During the 2001/2002 fiscal year, clients seeking CCS services increased by 35%. As expected, there was a marked increase in unemployed people seeking assistance. 2001/2002 2000/2001 Services Cupertino Homeless Other TOTAL TOTAL % Serv. Area increase Individuals served 663 377 1,382 2422 1,797 (undup.) 35% Direct Financial $40,476 $13,565 $98,129 $152,170 $121,175 Assistance 26% Pounds of food 60,630 lbs 5,4851bs 109,070lbs 175185 lbs 141,130 lbs 24% CUPERTINO Single Men % Childgen Couple 18% Coupl~ & Childlen 17% Single Women 18% Other Black 6% 9% Asian 11% Latin 12% 62% DEMOGRPHICS by FAMILY TYPE HOMELESS Couple Single Men % 3% Couple & Children · Children 1% ~ 6°/0 DEMOGRPHICS by ETHNICITY Single women & Children 15% Single Men 60% Other Native 3% American Black 27% 2% Latino 19% Single Women 15% White 47% In collaboration with the Council of Churches Faith in Action group, CCS provided 102 homeless men with food, shelter, assistance with transportation and intensive case management via the Cupertino/Sunnyvale/Saratoga Rotating Homeless Shelter Program. Congregation and community members provided shelter guests with a warm, home-cooked meal each night, as well as provisions for breakfast and lunch. The Program Manager met weekly with each guest to provide intensive case management, and to ensure that each guest is making progress on his goals. The Shelter Program had a 71% success rate with graduates finding employment and 76% finding permanent housing. CCS administers the Below Market Rate program for the City of Cupertino. We screened and placed 71 families. We currently have 80 people on the waiting list. By assisting applicants and placing community members in reduced rate rental units, we were able to help residents who othep~vise could not afford to live in the area. The CCS Transitional Housing Program provided shared housing for successful graduates of the Rotating Shelter Program and for homeless women with children. Clients also received intensive case management and life skill training in order to become self sufficient and stabilized. The Transitional Housing program served 37 men, women and children in fiscal year 2001-2002. Cupertino Community Services, Inc. Agency Budget 2002/2003 TOTAL 02-03 Program Budget i AffordableIHousinfl Admin Fund Devel Assist.Family i 26,671 0 96,483 0 135,660 54,000 0 50,000 15,000 0 0 0 53,000 i 0, 0 ! 0 O; 232~143 501000 INCOME total Foundations 167,8311 rotal Government 370,912 rotalCorporation 18,000i rotal Individuals & Groups 53,000j rotal Events 52,0001 rotal Earned Income 177,7001 rOTAL INCOME Fransfer 3apital Campaign l-ransitional Reserve :~eserve rotal Transfer nkind Rent 53,964 50,000 35,666 35,606 139,670 0' 35,606 12,000 ~ 550 0 0 0 678 3,580 1 361: Rotating iTransiti°n' Building Shelter ; Housing 4 3OO i 1,200 82,779 87,650i 0; 0i 0 0 67,o79i 142~850 111~70~ I 53,96~ I so,oooi 50,000i 53,964 2,377 1,894 1,56C ~-RAND TOTAL INCOME PERSONNEL Total Salaries 482,264 Total Benefits 98,236i TOTAL PERSONNEL 580,5001 22,o93i 27,237i 143,894i 54704 4,500; 5,548 29,311! 11,143 26,594! 32,785 173,2051 65,847 ~ 76,101 i 62,691 95,544i 19,462 15,502i 12,770 115~006 911603! 75,481 20,822 16~585 13,6621 TOTAL OPERATIONAL 105,100 0 4,815 TOTAL PROGRAM 302,413 400 TOTAL EXPENSES 5,936 3113591 11~922. 16,100 102,763 GRAND TOTAL INCOME -27,507 -54,722= CCS 02-03 budget 9/25/2002 11:18 AM CUPERTINO COMMUNITY SERVICES BOARD OF DIRECTORS & Management Staff 2002-2003 Tom Hall, President Certified Public Accountant Tom Hall C.P.A. Sonja Shurr, Vice President Property Manager San Jose Unified School District Richard Lowenthal, Treasurer Mayor City of Cupertino Paula Davis, Secretary Executive Director Flint Center Howard Bauman General Merchandise Director (Ret.) Safeway Stores Chuck Corr San Jose Unified School District Director of Facilities and Construction Laurie Dean Community Volunteer Jackie Doyle Owner Innovation Hair and Nails Phyllis Ishida Phyllis Ishida, DDS Frank Jelinch Attorney Law Office of Jelinch and Rendler Kareen Lambert Marketing Manager Siena Hill Michael Lashen Owner Hobee's De Anza Ben Liao Technical Consultant Hewlett Packard Dolly Sandoval Council Woman City of Cupertino Dean Skeels Sr. Recreation Leader City of Cupertino Parks & Recreation Dorothy Stow Community Volunteer Joe Tembrock Process Analyst Agilent Technologies LindaWalker Community Volunteer Internal Revenue Service Ohec[or Department of tile Treasury P.O Box z3:~O Los Angeles, Calif. 90053 ~Cupertino Co~unity Services, 10185 N. Sro!ling Rd Cupertino, CA 96014-5700 GIlda Lewis (2!3) 894-2336 R,J!er Reply lo: EO022795 Da~e: February 27, 1995 RE: Cu~e___no Community Services, !nc. E!N: 94-2211685 Dear Taxpayer: This letter is in response to your request for a copy of the determination letter for the above named organization. Our records indicate that this organization was recognized to be exempt from Federal income tax in Ju!v 1976 as described in Internal Revenue Code Section 50!<c) (3). It is further classified as an organization that is not a private foundation as defined in Section 509{~) cf ~' = is an rga,,-~a=lcn described in Section 170{b) {[) (A) (vi). o ~_ ~. ~ ~n_ code, because it The =.~ ex_m~_ status for the determination l_t~_~ issued in July 1976 continues to be in effect. If you n==d -- u_~.._, assistance, .. w~ea~= -~ c~f~co at the above accress or telephone , , $_nce Disclosure Assistant ACORD. CERTIFICATE OF LIABILITY..I AHRANCF.-- =u ER-i°P'D BAT ,MM,BD , 02/28/02 PRODUCER Chapman & Associates License #0522024 P. O. Box 5455 'Pasadena CA 91117-0455 Phone: 626-405-8031 Fax: 626-405-0585 INSURED CuDertino Communitv Services 10185 N Stellin= RD Cupertino CA 95014 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE INSURERA: Riverport Insurance Company INSURER B: INSURER C INSURER D: INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED NOT~AIITH STANDING ANY REQUIREMENT, TERM OR CONDITION CF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED SY THE POLICIES DESCRIBED HEREIN IS SUSJECT TO ALL THE TERMS, EXCLUSIONS AN[:) CONDITIONS OF SUCH POLICIES AGGREGATE LIMITS SHOWN MAY HAVE SEEN REDUCED BY PAID CLAIMS. [NSR I POLICY EFFECTIV~ POLICY EXPIRATION [ LTRI TYPEOFINSURANCE , POLICYNUMEER [ DATS(MM/DD~Y) ] DATE{MMIDD/YY) LIMITS I I i EACH OCCURRENCE $ 1000000 GENERAL A ~ COMMERCIALGENERALLIASILITY R~0001362 I 02/15/02 02/15/03 I FIREDAMAGE Anyonefire) $ 50000 I I GLA,MSM^D~ ~ OCCUR li MEDEXPf~.~yonepecson) S 5000 ._~ PERSONAL & ADV INJURY 1000000 I GENERAL AGGREGATE J$ 3000000 ,i GEN,LAGGREGATE LiMiTAPPLiES pER:i ! PRODUCTS* COMPIOP AGG iS 1000000 ~ POLICY~ JECT ~ LOC ' ~ ANYAUTO I ~L~0001362 02/15/02 02/15/03 : , SCHEDULED AUTOS ! i HIRED AUTOS ' i ~ SODiLY INJURY I EXCESS LIABILIT%' EACH OCCURRENCE i S $ 1000000 AGGREGATE iS $ 1000000 X X~'0CCUR [] CLAIMSMADE RPX0001363 02/15/02 02/15/03 EMPLOYERS' L]ABILITY : I ! E.L. EACH ACCIDENT I I E.L. DISEASE- EA EMPLOYEE $ ! i ; E.L, DISEASE - POLICY LIMIT A Fidelity Bond ! P~P0001362 02/15/02 02/15/03 Employee $ 5000 Dishonest $ 250 dod DESCRIPTION OF O F E RATIO NS/LO CAT[ON SNEHICLES/EXC L US~O N $ ADDED BY ENDORSEMENT/SPECIAL PROVISIONS Certificate Holc~er is na~ed as Additional Insured/Lessor with respects to the premises at: 10185 N Stelling Rd Cupertino CA 95014 leased to the Na~ed Insured. CERTIFICATE HOLDER J Y i ADDIT~ONALINSURED; INSURER LETTER: CANCELLATION City of Cupertino Vera Gill 10300 Torre Ave Cupertino CA 95014 SHOULD ANY DF THE ABOVE DESCRIBED POLICIES BE CANCELLED EEFORE THE EXPIRATIOA DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL ~ 0 DAYS WRITFEN NOTICE TO THE CERTIFICATE HOLCER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL :MPOSE NO OBLIGATION OR L~A B LD-Y OF ANY KIND UPON THE INSURER, ITS AGENTS OR ~EFRESENTATIVES. ~ AUTHORIZED REPRESENTATIVE ' ~*~ ' ACORD 25-S (7197) ;ACORD CORPORATION 1988 REVISED BYLAWS OF CUPERTINO COMMUNITY SERVICES, INC. July 17, 2001 ARTICLE I - NAME Section 1.1 Name. The name of this Corporation is CUPERTINO COMMUNITY SERVICES, INC.. It is a non- profit, non-stock Corporation organized and existing under the laws of the State of Califorrfia for the purposes set forth in its Articles of Incorporation. ARTICLE II - OFFICES Section 2.1 Principal Office. The principal office of this Corporation for the transaction of its business is located at 10185 North Stelling Road, Cupertino, and Santa Clara County, California. The Directors may change the principal office from one location to another. The Secretary of these Bylaws shall note any change and this Section may be amended to state the new location. Section 2.2 Other Offices. The Board of Directors may at any time establish branch or subordinate offices at any place or places where the Corporation is qualified to do business. ARTICLE III - THE MISSION STATEMENT Section 3.1 Mission Statement. The mission of Cupertino Community Services, Inc. is to encourage the sharing of communi .w resources; to provide basic human needs in a caring and di~mqified environment; and to provide oppommities for volunteers to participate in Cupertino Community Services' activities. ARTICLE IV -OBJECTIVES AND PURPOSES Section 4.1. Objectives and Purposes. The objectives of this Corporation will be: (A) To provide emergency services tkrough direct or referral assistance. (B) To support, advocate for and provide affordable housing. (C) To recruit and organize volunteers to provide assistance to the communiLy. {DI 70 identi~v and provide services to individuals and ~oups in need oftaiiored pro,ams. ~E'~ 7o raise ~ubiic axvareness and involvement of pro.ams and services offered bv 7.noe.mno Community sensces. Inc. :' ..;J! Page oi'9 R-l/ Cupertino Commumty Services. Inc. (F) To provide such services for the extremely Iow to moderate-income residents of the West Valley area as this Board may deem appropriate. (G) To perform all services of Cupertino Community Services. Inc., without discrimination based on race, national origin, etlmic back~oand, age, disabilities, marital status, gender, sexual orientation, religious preference or veteran status. ARTICLE V - NON-PARTISAN ACTIVITIES Section 5.1 Non-Partisan Activities. This corporation has been formed under the California Non-Profit, Public Benefit Law for the charitable purposes described above, and it shall be non-profit and non-partisan. No substantial part of the activities of the Corporation shall consist of the publication or dissemination of materials with the purpose of attempting to influence le~slafion. The Corporation shall not participate or intervene in any political campaign on behalf of any candidate for public office or for or against any'cause or measure being submitted to the people for vote. The Corporation shall not, except in an insubstantial de~ee, engage in any activities or exercise any powers that are not in furtherance of the purposes described above. ARTICLE VI - DEDICATION OF ASSETS Section 6.1 Dedication of Assets. The properties and assets of this non-profit Corporation are irrevocably dedicated to charitable purposes. No part of the net earnings, properties or assets of this Corporation, on dissolution or otherwise, shall inure to the benefit of any private person or individual, or any member or · director of this Corporation. Upon liquidation or dissolution all properties and assets and obligations shall be distributed and paid over to any organization dedicated to charitable purposes, provided that the organization continues to be dedicated to the exempt purposes as specified in Internal Revenue code 501(c)(3). ARTICLE VII - BOARD OF DIRECTORS Section 7.1 Number of Directors. A Board of Directors consisting a minimum of eleven (11) members and up to twenLy-one (21 ) members shall govern the Corporation. The number may be inc~ased only by amendment of the Bylaws of this Corporation. Directors shall serve without compensation other than reimbursement for approved out-of-pocket expenses. Death, resignation or removal as provided in these Bylaws automatically terminates membership on the Board. Section 7.2 Categories of Members. The Board shall have two categories of members: (1) ac:ive and [2) adviseD'. The active members shall be voting members and shall be the gove:'ning body of Cazexino Cemmunity services. Inc.. Unless othenvise stated. :eferenze to "Beard" :.n ir:ese 2vi?s snait mean the July 2001 ?due 2 of(' Cuperdno Comrr. uni~,., Servi~s, Inc. active members of the board. The advisory members shall be non-voting and shail be appointed by the active Board members to serve in an advisory, capacity. Section 7.3 Exercise of Corporate Powers and Responsibilities. Except as otherwise provided by these Bylaws, or by the la~vs of the State of California now or hereafter in force, all powers of this Corporation shall be vested in and exercised by or under the authority of the Board of Directors. Without prejudice to these general poxvers, but subjec: to the same limitations, it is hereby expressly declared that the Board of Directors shall have the following powers and responsibilities: (A) To select and remove all the officers, directors, employees and agents of Cupertino Community Services, Inc. prescribe their duties and require from them security for the faithful performance of services if deemed necessary. (B) To select, employ, evaluate and remove the Executive Director of this Cm'poration and to delegate such powers to the Executive Director as the Board shall deem appropriate. (C) To establish the policies by which th/s corporation conducts its affairs and ensure that the policies are implemented. The policies shall not be inconsistent with the laws of the State of California, or with the Bylaws of this Corporation. (D) To change the principal office for the transaction of the business of the Corporation; to fix and locate from time to time one or more subs/diary offices of the Corporation within California; to designate any place within the State of California for holding any meetings of the Board; to make, adopt, and use a Corporate seal, and to prescribe the form therefor. (E) To adopt an annual budget and revise the budget as required by chang4ng circumstances. (F) To borrow money and incur indebtedness for the purposes of the Corporation and to cause to be executed and delivered therefore, in the Corporate name, promissory notes, bonds debentures, deeds of trust, mortgages, pledges, or other evidence of indebtedness as security therefor. (G) To establish such committees as it shall deem necessary or advisable upon such terms and conditions as it may fix. (H) To review the Byla~vs, and Personnel Policies of the Com. oration on an annual basis. Section 7.4 Term of Office Each Active Board member shall be elected tbr a three (3) year term and may be elected for two (2) consecutive terms. Upon completing txvo consecutive terms, a Board member may be appointed to serve on the Advisory. Board. After one year's absence from the Board a former member shall be eligible for re-nomination to serve on the board. Under special circumstar, zes. when a majority of the Board deems it necessary, a Board member may serve more than m'o consecutive terms in order to preserve Board continuity. Tenure shall be arranged so that one-third ( 1-',1 of the :erms exmre aunuaily. Cupertino Communiw. Services, Inc. Section 7.5 Vacancy. A vacancy in any seat on the Board because of death, resignation, removal, disqualification, or any other cause shall be filled in the manner prescribed by the Bylaws for the regular appointment of a Board member. Section 7.6 Removal of Directors. If a director fails to attend three (3) consecutive Board meetings without adequate excuse, or four (4) out of seven (7) meetings without adequate excuse, the Board o f Directors may declare that Director's seat vacant. The Secretary shall give written notice to any Director who has failed to attend (2) consecutive meetings without adequate excuse. Further, the Board of Directors at a regular or special meeting duly called may remove any Director who fails to perform Ns/her duties. Section 7.7 Election. The Board Administration Committee shall serve as the nominating committee to select qualified candidates for election to the Board of Directors. Any Board member may submit names of candidates to the Board Administration Committee for consideration. The Board shall establish criteria for the selection of Directors. New members shall be approved by a t~vo-thirds majority of the current Board. Section 7.8 Non-liability of Directors. No Directors of The Board shall be personally liable for the debts, liabilities, or obligations of the Corporation. Section 7.9 Transferability of Membership. Membership in the Board is non-transferable and non-assignable. Section 7.10 Meetings. Meetings of the Board of Directors will be held monthly at Cupertino Community Services office or at such other place, and on such date and time a~eed upon by the Board. Section 7.11 Quorum. A quorum for all meetings of the Board of Directors shall consist of a majority of the then current members of the Board. Except as other~vise provided for in these Bylaws. every, act or decision done or made by a majority of the Directors present at a meeting duly held at which a ouorum is ~resent is the act of the Board. Cupertino Commun/ty Services, Inc. Section 7.12 Actions $Vithout Meeting The urgency of a situation may demand an action without a Board meeting. Any action required or permitted to be taken by the Board may be taken without a meeting, if two-thirds of all members of the Board consent within seventy-two (72) hours, in ~vriting, individually or collectively, to such action. Such written consent(s) shall be filed with the minutes of the proceedings of the Board. Such action by written consent shall have the same force and effect as the majority vote of such Directors. Section 7.13 Annual Report and Financial Statement. The Board of Directors shall provide for the preparation and publication ora written annual report including a financial statement. Section 7.14 Inspection of Records By Directors. The books of account shall at all reasonable times be open to inspection by any Board member. Every Board member shall have the absolute right at any reasonable time to inspect all books, records, documents of every kind, and the physical properties of the Corporation. Such inspection may be made in person or by agent or attorney, and the right of inspection includes the right to make extracts. However, all such original books, records and documents shall remain at the principal location of business, unless otherwise authorized by the Board. ARTICLE VIII - OFFICERS Section 8.1 Number and Titles. ' The Officers of the Board shall be a President, a Vice-President, a Secretary and a Treasurer. No person may hold more than one office. Any Active Director of the Board is qualified to be an officer. Officers shall be elected by the Board of Directors for a one-year term beginning July 1 of the year the officer is elected. An officer may be removed by a vote of two-thirds (2/3) of the then current Board, at a regular or special meeting duly called. Section 8.2 Election of Officers. Officers shall be elected by a two-ttfirds (2/3) vote at the designated meeting. Nominations for officers shall be made by the Board Administration Committee, at the March or April meeting of the Board of Directors, and elections shall be held no later than the May meeting. The consent of each candidate must be obtained before his or her name may be placed in nomination by the Board Administration Cormnirtee. Nominations may also be made by individual active members at or before the time designated for the election. Page Cupertino Community. Services, Inc. Section 8.3 Vacancy. if a position of an officer becomes vacant, the President shall appoint another Board member to fill the position for the remainder of the term. Section 8.4 Duties of the President. The President shall be the Chief Executive Officer of the Board and shall be responsible to the Board of Directors. The President shall preside at all meetings of the Board and be an ex-officio member of all the standing committees, except as other, vise expressly provided by law, or by these Bylaws. He/she, in the name of the Board. shall execute such deeds, mortgage, bonds, contracts, checks or other instruments that may from time to time be authorized by the Board of Directors. Whereas the Board of Directors shall designate most administrative responsibilities to the Executive Director, in the event of a vacancy in that position, the President shall pro-tempore assume the responsibilities of Chief Executive Officer of the Corporation. Section 8.5 Duties of the Vice-President. In the absence of the President, the Vice-President shall perform all the duties of the President and when so acting shall have all the powers of and be subject to all the restrictions of the President. Section 8.6 Duties of the Secretary. The secretary shall: (A) Certify Bylaws. Certify and keep at the principal office of the Corporation the original, or a copy, of these Bylaws, as amended fi.om time to time. (B) Record the minutes of each Board meeting. Keep at the principal office or the Corporation or at such other place as the Board of Directors may order, a book of minutes of all meetings of the Board. (C) Give notices. See that all notices are duly g/ven in accordance with the provisions of these Bylaws or as required by law. (D) Be custodian of the records of the Corporation. (E) Keep at the principal office of the Corporation a roster containing the name and address of each member, and in any case where membership has terminated, he/she shall record such fact in the book, together with the date on which membership ceased. (F) Record members Terms of Membership. Section 8.7 Duties of the Treasurer. The Treasurer shall be responsible for: (A) Having charge of. all funds and sec'~mties or,he Comoration. Keeping and maintaining adequate ::nd correc: accoums of ~he Corporation's properties and business transactions :nciuding :ccom:ts or' it's assets, liabilities. receims, disbursement, gaw_s and ,,sses. Cupertino Commurfi~' Services, Inc. (C) Rendering reports to the Board of any or all transactions and of the financial condition of the Corporation at monthly Board meetings or whenever requested by the Board. (D) Initiating an independent audit of the books and records of the corporation to be conducted annually by a certified public accountant approved by the Board. (E) Assuring that the Corporation has adequate insurance protection for board, staff, volunteers and operations. ARTICLE IX - COMMITTEES Section 9.1 Standing Committees. The Board of Directors may create such committees as it may deem desirable, and such committees shall serve such terms, have such authority, and perform such duties as may be prescribed from time to time by the Board of Directors. Section 9.2 Standing Committees of the Board. Each Board member shall sit on one or more Board Committees. The chair of each committee shall be an active Board member appointed by the Board President, and shall represent the committees to the Board of Directors. The committees of the Board shall meet as theh- workload dictates. Committee membership may include corporation employees and the public. The chair of each committee shall report to the Board at regularly scheduled Board meetings, and shall produce monthly and annual committee reports. ARTICLE X - EXECUTION OF INSTRUMENTS · Section 10.1 Execution of Instruments. The Board of Directors, except as otherwise provided In these Bylaws, may by resolution authorize any officer, member or the Executive Director to enter Into any contact or execute and deliver any instrument in the name of and on behalf of the Corporation. Such authority, may be general or may be confined to specific instances. Unless so authorized, no person shall have any power or authority to bind the corporation's credit or to render it liable for any purpose or in any amount. Section 10.2 Checks and Notes. Except as otherwise specifically determined by resolution of the Board of Directors, as provided in Section 1 of this Article, or as otherwise required by laxv, checks, drafts, promisso%'notes, orders for the pa.vment of money, and other evidences of indebteciness of the Corporation shall be signed by the Treasurer and countersigned by the President, or a designated Board member. The Board may empower the Executive Director or other staff to sign checks. July 2001 Cupertino Community Services. Inc. Section 10.3 Deposits. Ali funds of the Corporation shall be deposited in a timely fashion to the credit of the Corporation in such banks, trust companies, or other depositories as the Board of Directors may select. ARTICLE XI - ADVISORY COMMITTEE Section 11.1 Advisory. Committee. Membership on the Advisory Committee will: (A) Recognize significant past service to Cupertino Community Services. (B) Demonstrate a current commitment of good will rather than time (C) Be designed to give outstanding past Board members, volunteers, and community leaders an ongoing link with Cupertino Commuhity Services. Section 11.2 Selection. The Board Administration Committee, with approval of the Board, will select advisory Board members. They will be elected at a regular Board meeting. Advisory Board members can be removed by resignation or by two-thirds (2/3) vote of the Board. Section 11.3 Duties: Advisory Board members will have no assigned duties and will have no fight to vote. They will be invited to the Board Program Evaluation Meeting, and any other special functions of Cupertino Community Services. They may be invited as resources for fi.md raising and public ' relations. Their names will be listed in the annual report. ARTICLE XII - CONFLICT OF INTEREST Section 12.1 Conflict of Interest: All Board members, officers, and staff shall annually provide written disclosure of any conflicts with the interests of the Corporation, both potential and actual. The Board shall maintain xvfitten policies for the resolution of such conflicts consistent with the requirements of funding sources of the Corporation. ARTICLE XIII - FISC.~L YEAR Section 13.1 Fiscal Year. The Fiscal year of the Corporation shall begin on the first day of July and end the last day of June in the succeeding calendar year. Page S oi'9 Cupcmno Community. Services, Inc. ARTICLE XIV - EFFECTIVE DATE OF THE BY-LAWS Section 14.1 Effective Date. These Bylaws shall become effective immediately upon their adoption Amendments to these Bylaws shall become effective immediately upon their adoption unless the Board of Directors, in adopting them as hereinafter provided, provides that they are to become effective at a later date. Section 14.2 Amendment. Subject to any provisions of law applicable to the amendment of Bylaws of non-profit corporations, these Bylaws or any of them, may be altered, amended or repealed and new Bylaws adopted by the Board provided that written notice of the intention to amend the Bylaws is delivered to each Director at least seven (7) days prior to the date of the meeting at which a vote to amend the Bylaws will be held. CERTIFICATION I, ~0['~l 6{ ~ h tx. iT , hereby certify that I am the duly elected and acting Secretary of Cupertino Community Services, Inc., a California non-profit Corporation, and the foregoing Bylaws, comprise of 9 pages, constitute the Bylaws of said Corporation as duly adopted by the Director at a meeting duly held on 1 t, tLI2 l'~, 2OO1_ at Cupertino, Santa Clara County, California. In witness ~vhereof, I have here unto subscribed my name and affixed the seal of the Corporation this Z,~-r~ dayof_l~i. L4 ,2001. '" Sonja ~mrrv ' Secretary Senior Day Serwces "Making a Diffcrcnce in the Lives o[ ,~enlars" 20920 McClellan Road, Cupertino, CA 95014 Rick Kitson, Public Information Officer City of Cupertino 10300 Torte Avenue Cupertino, CA 95014 October I, 2002 De~r Rick; I am pleased to submit the funding request for Cupertino/Sunnyvale Senior Day Services for the fiscal year 2002-03. The census for Cupertino senior residents during the past year has remained constant. The agency census is steadily rising, primarily due to the consolidation of our Sunnyvale site into our Cupertino site. I am submitting the Human Services Funding Program Application for $21,200, which will be earmarked for salary expenses for the agency. I am thankful to you and the City of Cupertino for your careful consideration of our funding application. Respectfully submitted, Kimberly A. Ferm Executive Director Cupertino Site: (408) 973-0905 Fax: (408) 973-0914 · Sunnyvale Site: (408) 746-3066 Fax: (408) 973-0914 CUPEP TINO HUMAN SERVICES FUNDING PROGRAM APPLICATION Using additional sheets of paper, please respond to the following: 1. How will city funds be used? (Please be specific as to how the Cupertino community is targeted.) 2. Please provide a detailed description ofhow city funds were used last year, and how the funding helped to meet your program goals or needs. (Provide current data.) 3. Along with this application form, please submit a budget sunmmry of your organization. 4. If you administer aprivate, non-profit agency, the following information is required: · A copy ofthe agency by-laws · A current list ofthe agency's board of directors · A letter from the IRS stating the tax-exempt status of the agency · A copy ofthe agency insurance policy/certificate of insurance The applicant hereby proposes to provide the services in accordance with the Human Services policy of the city of Cupertino as stated in this proposal. If this proposal is approved and funded, it is agreed that relevant federal, state and local regulations and other assurances as required by the city of Cupertino will be adhered to. Furthermore, as duly authorized representative of the applicant organiza- tion, the applicant is fully capable offulfilling its obligation under this proposal as stated herein. This application and the information contained herein are true and correct and complete to the best of my knowledge. 1. How will city funds be used? (Please be specific as to how the Cupertino community is targeted.) Cupertino Senior Day Services (CSDS) provides Adult Day Care to frail and semi- independent senior citizens of Cupertino. These people are often isolated and may be disabled from stroke, depression, Alzheimer's disease or other long-term illnesses related to aging. CSDS provides physically and mentally stimulating da~ime activities to participants~ In addition, earegivers of these seniors receive much-needed respite. Family members are often faced with the complexities of caring for aging relatives and growing children as well as working to support the family. CSDS helps keep families together, helps prevent premature placement of seniors into nursing homes and helps prevent earegiver burnout. CSDS provides a significant amount of financial assistance to low-income Cupertino participants. Ninety _percent of the Cupertino residents enrolled are very Iow-income. Each attends the program an average of 3 times per week. The agency's cost to to provide service is $50 per day per client. The average Cupertino client pays only $25 per day. Severely low- income clients pay only $10-15 per day. City funds will be used to help compensate for this deficit in fees and for salaries for employees. City funds will be used to help continue our successful Cupertino school volunteer program. Volunteers help staff with cleaning, assisting in activities and providing one-on-one attention to clients. CSDS will continue to recruit student volunteers from schools in the Cupertino school district. Recently we have collaborated with the Fremont Union High School District'~ Special Education Program. Students with special needs visit our site regularly and assist the agency with various tasks. 2. Please provide a detailed description of how city funds were used last year, and how the funding helped to meet your program goals or needs. (Provide current data.) Cupertino residents visited our site more than expected. Approximately 20 first-time visits were conducted, resulting in the enrollment of 3 new clients. The case manager of the Cupertino Senior Center made more referrals to CSDS than before. Approximately 50% of the total clientele base that received services dnring F-Y2002-03 were residents of Cupertino and of the West Valley area. The subsidizing of fees assisted with the free first-time visits. It also subsidized 9 Cupertino residents who were clients over the last year. Staff completed detailed care plans every 6 months for each client, providing goals and objectives for behaviors and/or health improvement. In addition, through public speaking and networking on behalf of the frail elderly, our efforts reached baby boomers, teens, and seniors. The following are examples of what CSDS staff provided: · 20freefirst-time visits by Cupertino residents more than 20 walk-thrus/tours of the program by caregivers ofprospective Cupertino clients · more thn 25 telephone calls from caregivers m Cupertino requesting information · 4 public presentations to local committees/groups · resulting in the enrollment qf3 new Cupertino clients' Each walk-thru takes about 45 minutes of stafftime. This includes a site tour, listening to the camgiver's problems, answering questions, conducting preliminary_ assessments of the prospective client and determining if the program is appropriate. After the walk-thru, staff follows up within 2 weeks, to check on the status of the individual and family. From that time, if the camgiver is interested, a free first-time visit is scheduled, including lunch ($50 cost to agency). This unqualified attention shows how CSDS cares for people. The $21,200 in City funds was used to: Subsidize low-income seniors for fees Counsel family members Supervise and monitor new and returning clients' Continue free first-time visits' Continue the orientation process for new clients Outreach and community awareness Network with other aging services providers t~ay staff salaries fi~r e~ential work Provide respite for working families who have a frail senior to care for Provide w~lunteer training to over 15 volunteers/bom Hyde, Cupertino, Monte Vista and Homestead high schoots'. On behalf of the seniors and families in Cupertino, 1 thank the city for providing funds to help subsidize fees, provide volunteer training and conduct outreach. With Much Appreciation, Kimbefly A. Ferm Executive Director :/kf Proposed Cash Budget, CSSDS, F-Y 2002-2003 INCOME Government Grants I CA Dept of Ed-Meals 2,500 City of Cupertino 22,000 City of Sunnyvale 45,000 Council on Aging 10,000 Other Revenue Invest-income-Dean Witter 900 Invest-income-interest 1,000 Program fees 120,000 Public St )port Foundations-Altos 10,000 Grants-new 2,000 !Contributions-general 15,000 Special Events-fundraising 1,000 Auto Donation 3,000 United Way 5,000 Program Meals & Food 5,000 Total 242,400 EXPENSES Depreciation 1,000 Equipment 3,000 Insurance-Business 2,000 Membership dues 600 Occupancy (incl. Janit.,Mainten.,Rent) 14,500 Supplies, misc. office 1,000 Fees-payrolFlicense-misc. 1,900 Health Benefits I 10,000 Wkers. CompJnsurance 3,000 Volunteer Recognition/Lunches 500 Employee Recognition 900 RecruitingI 500 Payroll taxes 16,000 Salaries I 160,000 Postage & Shipping 1,900 Professional Svcs.(Audit,Acct.,Other) 6,000 !Advertising I 1,000 Program meals & food 5,000 Subscriptions 500 Program supplies 5,500 Program-other-activities 800 Printing & Publications 1,200 Telephone I 1,800 Education-training, conf, mtgs. 1,800 Travel ] I 1500 Uncollectible Accounts 500 Total I ] 242,400 £ DOPCED FILED. 8198 OF D~pu~ CUPERTINO SENIOR DAY SERVICES, ~NCORPO~TED I The name of this corporation is Cupertino Senior Day Services, Incorporated. II This co~q~or;}tion i~ a non-prof.]t, public benefit corporation slid ~s not org,~]Jzod for the private gain of any person. It is o~-qanized under the non-profit, public benefit corporation] law for charitable purposes. The spe- cific and primary purpose of the corporation shall be to provide services to the elderly, as permitted under ~501(c) (3) of the Internal Revenue Code. III The name and complete business address in the State of California of this corporation's initial agent for ser- vice of process are, to wit: Frank Snow, 22101 Rolling Hills ~Road, Cupertino, CA 95014. I V ~501(c) (3) of t'.%c I;,tern~] Revenuu B. Notwithstanding any other provin]on o.[ these articles, the con, pot-at:ion will not carry on any other acti- vities.not permitted to be carried on (1) by a corporation exempt from federal income tax under ~501(c)(3) of the ' Internal Revenue Code, or (2) by a corporation contribu- tions to %{hich are deductible under-~170(c) (2) of the Internal Revenue Code. C. NO substantial part of the activities of this corporation shall consist of carrying on proI,aganda, or otherwise attempting to influence ]egi.'%]ation, and the corporation shall not participat~ or intervene in any political campaign (including the publishing or distri- bution of statements) on behalf of any candidate for public office. V The property of this corporation is irrevocably dedi- cated to charitable purposes and no part of the net income or ar~.~etn of ti~J~ corporation shall over Jnur(~ to lhe bene- fit of any d:[¥<'ctor, officer or member t]l{~reof or to the benefit of any private person. Upon the dissolution or winding up of the corporation, ]tz a~ets remaining after payment, or provision for payment, of ali debts and ].iabi- lities of this corporation shall be distributed to a non- profit fund, foundation or corporation which is organized and operated exclusively for charitable purposes and which has established its tax exempt status under .~50] (c)(3) of Revenue Code. March .~(~_, 1980. the Internal DATED: I hereby dec]are foregoing Articles of act and deed. that I am the pr.,r:~on who executed the Incor}3orat]on, which c×~r¢:ution i-% my FP.~NK SNOW, IncorpOrator ~ ' · ' Cupertino-Sunnyvale Senior Day Services "Making a Difference in the L ves of Sen ors" q'- ~L~ Board of Directors (current as of 9/01/02) Don Bacon (President) Kay Knapp (Vice President) Steve Sueltz (Treasurer) Norine Bacon (Secretary) Barbara Bryant 4178 Haven Court, San Jose, CA 95124 2000 Home: (408) 377-7111 Occupation: Sunnyvale Detective (Retired) Committee: Fundraising E-mail: donandnorinebacon~msn.com 10346 Scenic Blvd., Cupertino, CA 95014 Home: (408) 873-1598 Occupation: Librarian Committee: Marketing/PR E-mail: Knapp8~earthlink.net 2002 20055 Orchard Meadow Dr., Saratoga, CA 95070 Home: (408) 867-4904 Occupation: VP Finance, IBM (Previous) E-mail: sueltz~aol.com Committee: Finance 2002 4178 Haven Court, San Jose, CA 95124 2000 Home: (408) 377-7111 Occupation: Registered Nurse (Retired) Committee: Fundraising E-mail: donandnorinebacon@msn.com 10488 Rampart Ave., Cupertino, CA 95014 Home: (408) 253-9160 Work: (408) 255-4633 Occupation: Branch Manager, Downey Savings Committee: Marketing/PR E-mail: babry408~aol.com 2000 Executive Staff Kimberly Ferm (Executive Director) 4807 Rue Nice Court, San Jose, CA 95136 Home: (408) 224-7274 Work: (408) 973-0905 E-mail: kimferm~hotmail.com Pager: (408) 488-8784 Internal Revenue Service District Director JUN 1982 Cupertino Senior Day Servfces Incorporated P.O. Box 622 Cupertino, C~ 95015 Department of the Treasury SF:EO:82-959 June 4, 1980 Desk Officer Contact Telephone Number, ( 415 ) 556 -5353 This modifies our letter of the above date in which we stated that you would be treated as an organization which is not a private foundation until the expiration of your advanoe ruling period. Based on the informstton you submitted, we have determined thst you are not a private foundation within the meshing of section 509(a) of the Internal Revenue Code. because you are an organization of the type described in section *lTO(b)(1)(A)(vi) Your exempt status under section §Ol(o)(S) of the cods is still in effect. Grantors and contributors may rely on this determination until the Internal Revenue Service publishes notioe'to the contrary. However, a grantor or a contributor may not rely on this determination if he or she was in part responsible for, or was aware of, the act or failure to act that resulted in your loss of section *l?O(b)(1)(A)(vi) status, or acquired knowledge that the Internal Revenue Service had given notice that you would be removed from classification as a seolion~170(b)(1)(A)(vi) organization. Because this letter could help resolve any q'uestions about your private foundation status, please keep it in your permanent records. If you have any questions, please contact the person whose name and telephone number are shown above. Sincerely yours, District Director . '509(a)(1) and P.O. Bo)< 36040, San F. ranclsco, Calif. 94~ 02 Letter 1050 (DO) (7-77) NONPROFITS' INSURANCE ALLIANCE OF CALIFORNIA P.O. Box 8507, Santa Cruz, CA 95061 P: (800) 359-6422 F: (831) 459-0853 Nonprofi~s' Insurance Alliance of CRli{omia PRODUCER: Atlantic Pacific / Whelan Ins. 1725 S. Bascome San Jose, CA 95150 POLICY NUMBER: 2002-02612 -NPO RENEWAL OF NUMBER: 2001-02612-NPO NAME OF INSURED AND MAILING ADDRESS: Cupertino Senior Day Services, Inc. 20920 McClellan Road Cupertino, CA 95014 POLICY PERIOD: FROM 06106/2002 TO 06/06/2003 AT 12:01 A.M. STANDARD TIME AT YOUR MAILING ADDRESS SHOWN ABOVE BUSINESS DESCRIPTION: Senior day care services IN RETURN FOR THE PAYMENT OF THE PREMIUM, AND SUBJECT TO ALL THE TERMS OF THIS POLICY, WE AGREE WITH YOU TO PROVIDE THE COVERAGE AS STATED IN THIS POLICY. LIMITS OF COVERAGE: GENERAL AGGREGATE LIMIT (OTHER THAN PRODUCTS- COMPLETED OPERATIONS) PRODUCTS - COMPLETED OPERATIONS AGGREGATE LIMIT ............................ PERSONAL AND ADVERTISING INJURY LIMIT ................................................... EACH OCCURRENCE LIMIT FIRE DAMAGE LIMIT ....... ~ ~ ~'~' ~ "~ ~"~ ~ ..... ~i~i~i ............. ~i'. ........ ~ ....... MED CAL EXPENSE L M T .... ADDITIONAL COVERAGES: $2,000,000 $2,000,000 $1,000,000 $1,000,000 $100,000 10,000 SOCIAL SERVICE PROFESSIONAL LIABILITY AGGREGATE LIMIT EACH OCCURRENCE L'il~l'l':l: ................................................................................ $2,000,000 SI,000,000 CLASSIFICATION(S) SEE ATTACHED SUPPLEMENTAL DECLARATIONS SCHEDULE G PREMIUM $2,211 FORMS AND ENDORSEMENTS APPLICABLE TO THIS POLICY ARE INCLUDED IN COMMERCIAL LINES COMMMON POLICY DECLARATIONS COUNTERSIGNED: 05128/2002 BY (AUTHORIZED REPRESENTATIVE) THE~E DECLARATIONS AND THE COMMON POLICY DECLARATIONS, IF APPLICABLE, TOGETHER WITH THE COMMON POLICY CONDITIONS, COVERAGE FORM(S) AND FORMS AND ENDORSEMENTS, IF ANY, 18SUED TO FORM A PART THEREOF, COMPI..ETE THE ABOVE NUMBERED POLICY. NIAC - GL. NPO (01260) CHARITIES FAMILY SERVICES Eastside Neighborhood Center (408) 251-0275 Foster Grandparent Program (408) 944-0668 Grandparent Caregiver Resource Center (GCRC) (408) 325-5164 Handlcapables (408) 325-5179 John XXlII Multi-Service Center (408) 282-8600 Long Term Care Ombudsman Program (408) 944-0567 Senior Nutrition Program (408) 325-5158 Eastside (408) 251-0215 Gilroy (408) 842-4200 John XXIII (408) 282-8607 Morgan Hill (408) 779-1413 Administrative Offices 2625 Zanker Road San Jose, CA 95134-2107 Tel: (408) 468-0100 Fax: (408) 944-0275 Web Site: ccsj.org .~L Diocese of San Jose Member Catholic Charities, USA LONG TERM CARE OMBUDSMAN PROGRAM September 26, 2002 Rick Kitson Public Information Officer City of Cupertino 10300 Torte Avenue Cupertino, CA 95014-3255 Dear Mr. Kitson: Enclosed are the FY 2002-2003 Human Services Funding Program application and supplemental documentation from the Long Term Care Ombudsman Program at Catholic Charities to the City of Cupertino for funding in the amount of $4,900,00, Our carrier will mail the Certificate of Insurance directly to you, We appreciate the City's ongoing support of our Program and our services for the frail, vulnerable, chronically ill residents in Cupertino's three Nursing Facilities and five Residential Care Facilities for the Elderly (Assisted Living Facilities). We look forward to working with you on their behalf. If there are any questions, please contact me (408) 944-0587 x261. Cordially, Donna M. DiMinico Program Director Encl. Serving the entire Santa Clara County Community Since 1955 A United Way Agency CUPEI(TINO HUMAN SERVICES FUNDING PROGRAM APPLICATION The Catholic Charities of San Jose dba Catholic Charities of Narae oforganhatJon Santa Clara County - Long Term Care Ombudsman Program Address 2625 Zanker Road, Suite 200, San Jose, CA 95134-2107 ContactpersoWtide Donna DiMinico, Program Manager Telephone number (408) 944-0567 4,900.00 City funds requested $ Using additional sheets of paper, please respond to the following: 1. How will city funds be used? (Please be specific as to how the Cupertino community is targeted.) 2. Please provide a detailed description ofhow city funds were used last year, and how the funding helped to meet your program goals or needs. (Provide current data.) 3. Along with this application form, please submit a budget summary of your organization. 4. Ifyou administer a private, non-profit agency, the following infon-nation is required: · A copy ofthe agency by-laws · A current list ofthe agency's board of directors · Aletter fromthelRS stating the tax-exempt status ofthe agency · A copy ofthe agency insurance policy/certificate ofinsurance The applicant hereby proposes to provide the services in accordance with the Human Services policy of the city of Cupertino as stated in this proposal. If this proposal is approved and funded, it is agreed that relevant federal, state and local regulations and other assurances as required by the city of Cupertino will be adhered to. Furthermore, as duly authorized representative of the applicant organiza- tion, the applicant is fully capable offulfilling its obligation under this proposal as stated herein. This application and the information contained herein are true and correct and complete to the best of my knowledge. Date Agency Executive Direc~tor CITY OF CUPERTINO HUMAN SERVICES FUNDING PROGRAM 2002/2003 LONG TERM CARE OMBUDSMAN PROGRAM CATHOLIC CHARITIES OF SANTA CLARA COUNTY 1. HOW WILL THE CITY FUNDS BE USED? (PLEASE BE SPECIFIC AS TO HOW THE CUPERTINO COMMUNITY IS TARGETED.) The Long Term Care Ombudsman Program will provide advocacy, complaint investigation, including elder abuse and neglect, and problem resolution services for the 1,209 primarily elderly (60+) residents in Cupertino's 3 Nursing Facilities and 5 Residential Care Facilities for the Elderly (Assisted Living Facilities). The Program will also provide community contact by trained and certified Ombudsmen through regular visits to these long term care facilities, to establish personal contact with the frail, vulnerable, chronically ill, and socially isolated residents, to promote an improved quality of care and to protect their rights. The program will also ensure community awareness of its services, long term care issues and trends, and residents' rights through outreach and education. We anticipate that residents will experience an improved quality of life by reduced isolation through community contact from an Ombudsman and by exercising their right to intervention and advocacy by an Ombudsman to mediate fair resolution of problems. The City of Cupertino's funding in the amount of $4,900 enables us to maintain our advocacy efforts and promote residents rights. The Program will use the City's funding for Program operations, including the salary and benefits of the Field Ombudsman, mileage, and volunteer recognition expenses. 2. PLEASE PROVIDE A DETAILED DESCRIPTION OF HOW CITY FUNDS WERE USED LAST YEAR AND HOW THE FUNDING HELPED TO MEET YOUR PROGRAM GOALS OR NEEDS. (PROVIDE CURRENT DATA.) With the City of Cupertino's funding, the Long Term Care Ombudsman Program was able to conduct regular visits to Cupertino's long term care facilities, respond to, investigate and resolve complaints, and be the voice, an advocate, for Cupertino's long term care residents. In this current fiscal year (through 8/31/02), the Long Term Care Ombudsman Program provided the following service to Cupertino's long term care population: Direct Services Facility Visits / Presence Unduplicated Residents Complaints AHCD Witnessing Indirect Services In - service on Resident Rights' GOAL YTD (8/31/02) 50 59 210 117 18 40 N/A 1 N/A 1 City of Cupertino Human Services Funding Program Application FY 2002 - 2003 Long Term Care Ombudsman Program at Catholic Charities of Santa Clara County Proposed Operating Expenses Salaries / Benefits / Payroll Taxes Operating Expenses - rent, phone, etc. Supplies Equipment Costs Travel / Volunteer Recognition Admin /Mgmt./MIS Total Operating Expenses Proposed 2002-2003 Operating Budget $365,389 31,939 4,135 1,150 10,310 72,261 $485,184 Proposed Operatin.q Revenue Cupertino Grant Other Cities Federal/State Grants Fees Catholic Charities United Way Misc. Fundraising/Grants TOTAL OPERATING REVENUE $ 4,900 124,115 246,688 2,000 38,601 9,080 59,800 $485,184 " 05B3977 SECRETARY OF STATE I, BILL JONES, Secretary of State of the State of California, hereby certify: That the attached transcript of g page(s) has been compared with the record on file in this office, of which it purports to be a copy, and that it is full, true and correct. IN WITNESS WHEREOF, I execute this certificate and affix the Great Seal of the State of California this day of Sec/State Form CE-107 (rev. 9/98) JUL 2 2 2002 Secretary of State " a0583977 CERTIFICATE OF AMENDMENT AND RESTATEMENT OF THE ARTICLES OF INCORPORATION ENDORSED . FILED JUL ! 6 2002 Most Reverend Patrick J. McGrath and Reverend Msgr. Michael J. Mitchell certify that: 1. They are the President and the Secretary, respectively, of The Catholic Charities of San Jose, a California nonprofit public benefit corporation. 2. The Articles of Incorporation of this corporation are hereby amended and restated as set forth in the attached Articles of Incorporation. 3. The foregoing amendment and restatement has been duly approved by this corporation's Board of Directors. 4. This corporation has no members. We further declare under penalty of perjury under the laws of the State of California that the matters set forth in this certificate are true of our own knowledge. /~Rev. P icl[ J~Grath,'71~resident i~ev. Msgr."IVl~chael J. Mitchell, Sec. ARTICLES OF INCORPORATION OF CATHOLIC CHARITIES OF SAN JOSE ARTICLE I The name of this corporation is Catholic Charities of San Jose. ARTICLE II A. This corporation is a nonprofit public benefit corporation and is not organized for the private gain of any person. It is organized under the California Nonpro£rt Public Benefit Corporation Law for charitable purposes. B. The specific and primary purpose of this corporation is to engage in charitable and educational activities within the meaning of Section 501(c)(3) of the Internal Revenue Code of 1986, as amended, or the corresponding provisions of any future United States internal revenue law (the "Code"). ARTICLE III A. This corporation is organized and operated exclusively for exempt purposes within the meaning of Section 501(c)(3) of the Code. Notwithstanding any other provision of these Articles, this corporation shall not carry on any activities not permitted to be carried on (1) by a corporation exempt fi:om federal income tax under Section 501(c)(3) of the Code, or (2) by a corporation, contributions to which are deduc- tible under Sections 170(c)(2), 2055(a)(2), 2106(a)(2)(A)(ii), 2522(a)(2), or 2522(b)(2) of the Code. B. Except as permitted by law, no substantial part of the activities of this corporation shall consist of the carrying on of propaganda or otherwise attempting to influence legislation, nor shall this corporation participate in, or intervene in (including the publishing or distribution of statements), any political campaign on behalf of or in opposition to any candidate for public office. ARTICLE IV The property of this corporation is irrevocably dedicated to charitable purposes, and no pan of the net income or assets of this corporation shall ever inure to the benefit of any director, officer, or member (if any) of this corporation, or to the benefit of any private person. Upon the winding up and dissolution of this corporation and after paying or adequately providing for the debts and obligations of this corporation, the remaining assets shall be distributed for such public benefit purposes to the Bishop of San Jose, a California corporation sole, if then in existence and exempt under Section 501c3 of the Internal Revenue Code, but if not then in existence or exempt, to another nonprofit fund, foundation, or corporation which is organized and operated exclusively for charitable purposes and that has established its tax-exempt status under Section 501(c)(3) of the Code. ARTICLE V Any amendment to these Articles of Incorporation shall require the approval of the Bishop of San Jose. Str~, Am~xandrk 22314, (703) 549-1390 F~ (7o3) 549.~6~ To: Catholic Charities USA Agency and Supporting Group Members. From: Diane Blair Evans~-~ Date: August 13, 2001 .Re: 2001 Annual 501(c)3 Group Ruling for Federal Tax Exemption Enclosed you will find a copy of the 2001 ruling letter stating that organizations listed in th~ Of~cial Cathbli~Directory (OCD) are exempt from federal income taxes. Please eep this on file, as you may be required to produce this. documentation for ]egal reasons, grant proposals, and the like. The s~cond enclosure is a memo from the Office of the General Counsel explaining the' ruling, Please note that while the enclosed rulingpertain.~ to 2001, past letters should be k~pt on file to establish the tax consequences of transactions that occurred in those years. Please share this material witl! your fiscal officers, legal counsel, and development staff. I/you-or they have any questions, please call Deirdre Dessingue in the Office of the General Counsel at the US Conference of Catholic Biihops at (202) 541-3300. i910 ~2CIX) a'-34 .f Office of the General Counsel '3211 ,4th S~rec,~ N.E, Wasbtng%on~ DC 20017-1 '/94 (202}54 {13300 FA~( '{202)54 {-3337.T£LEX 7.,40042~ IMPORTANT GROUP RULING ItVFORMA T/ON- FOR THEiNFORMATiON OF: SUBJECT: FROM: July 16, 2001. Most Reverend Archbishops and Bishops, 'Diocesan Attorneys and Fiscal Managers, and' State Conference Directors , 2001 Group Ruling 'n~ Mar~( E. Chopko, General cou (Staff:'Deirdre'Dessin[~ue, Associate General Coun.sel) Enclosed is a copy of the G/cup Ruling issued to the Uni~.e,d .S.t, ates ConfeCence of Catholic Bishoj~s--v on July 28, 2001 by the Internal Revenue Service ( IRS ), with respect to the federal tax status of Cathodic organizations listed in the 2001 edition of the Official Catholic Directory ("CCD-?/. As explained in greater ~etail below, this ruiing is important fo'r establishing: .... (lJ the exemption of such organizations from: (a) 'federal inCOme tax; (b)-' federal unemployment.tax (but see 'J'[5 of Explanatlon below); and (2) the deductibility, for federal income, gift and estate tax purposes, of contributions to such organizations. The 2001 Group· Ruling is the latest in a series that began with the odginal determination of March 25, 1946. In the 1946 document, the Treasury Department affirmed the exemption from federal income tax of all' Catholic institutions listed in the CCD for that year. ' Each year since 1946, in a separate letter, the 1946 ruling has been extended to cover the institutions, listed in the current OCEP'. The language of these rulings has remained relatively unchanged, except to reflect intervening modificationsdn.the internal Revenue Code ("Code.). The 2001 GrouB Ruling is consistent with the 2000 ruling. Annual group rulings 'clarify important tax consequences for Catholic institutions listed in the CCD, and should be retained for ready reference. Rulings from earlier years are i · Effective July 1, 20Of; the .name of the United Slates Catho#c Conference was changed to ihe Unife~ ~tafes Conference of Catholic Bishops, 2 A copy of the Group Ruling may also be found on the U$CC website at www u$ccb org/ogc. ~ Catholic'organizatlons wifh independent IRS exemption determination leffers are listed in the 2001 OCD with an asterisk ('),, which is e~plalned at page A-12 and indicates that such ocgan£zations are not covered by the Group Ruling. r~qqirer~nf~ of Rev. Proc: 75-50 are 'met Since faildre to do so ~ould jeopardize the exempt status of.the School and, in the castor ai school opera~ed by a '~burch, the e~ernpt status of the church itself. ~ ' ' 9. ~. Organizations included in the OCD may lobby for changes in the law, provided such lobbying is not more than an insubstantial part of their total activities. Attempts to influence legislation both directlY'and t~rough grasaroots lobbying are subject to this restriction. The term %bbyin~" includes activities in support of or in opposition to referenda, constitutional amendments, and similar ballot initiatives. There .is no distinction between lobbying activity that is reiated to'an organization's exempt purposes and lobbying that is not. There is no fixed percentage that constitutes a safe harbor for "insubstantial"'lobbying. Please refer to your attorney any questions you may have about permissible obbying actigit es. 1 o. ~. Organizations included in the GroUp Ruling may not participate or intervene in any political campaign on behalf of or in apposition to any candidate for public office. Violation of the prohibition against poli~Cal activity can jeopardize the organization's tax-exempt status, in addition to revoking exempt status, IRS may also impose excise taxes on an exempt organization and its managers on account of pelitica~ expenditures. Where there has been a flagrant violationl IRS has authority to seek an injunction against the exempt organization and immediate assessment of taxes due. If you have any quest OhS in this regard, please refer them to your attorney. (See OGC Memo dated February 29,. 2000.) 11. -' ' Private Foundation Stafll'% The latest Group Ruling affirms that organizations included in.the OCD are nctpdvate foundations under section 509(a) of the CocOa. However, the Group Ruling does not identify the subsection of section 509(a) under which a particular organization is covered. Organizations must determine for themselves whether they qualify for such status, under the provisions of section 509(a)(1), (a)(2) or (a)(3). Newly-created or newly- affiliated organizations must establish that they are not private foundations as a condition of inclusion ir~ the Group Ruling and OCD. ' · 12. Group E×emution Number. The group exemption number assigned to USCC is 928 or 0928. This numbermust be included on each Form 990, Form 990-T, and Form 557'8 required ~o be flied by any organizab'on exempt u'nder the Group Ruling.~u We recommend against using the group exemption number on Form SS-4, Request for Employer Identification Number, because in the past this has resulted in IRS including USCCB as part of the organization's name when it enters the organization in its database. If you have questions conceming the Group Ruling or this memorandum, please COntact Deirdre Dessingue at 202-541;3300 or by e-mai! at dd'essingue@usccb.org.. IRS has expressed concern about organfzation$ covered under the Group Ruling that fail ~o include the group examp¢on number, 0928, on their Form 990 fflfngs, particularly the initial filing. June2002 Corporate Board Catholic Charities of Santa Clara County 2625 Zanker Road San Jose, CA 95134-2107 Name Bishop Patrick McGrath Diocese of San Jose Santa Clara, CA 95050-4966 Monsignor Michael Mitchell Diocese of San Jose Santa Clara, CA 95050-4966 Reverend George Aranha Pastor St Thomas Aquinas Parish The Catholic Community of Palo Alto Palo Alto, CA 94306 Mary Quilici Aumack Vice President Enterprise & West Region Partner Sales Compaq Computers Mary Ellen Fox Founder M.E. Fox & Company Jeanette Garretty Sr. Vice President City National Bank Helen Hansen Founder Catholic Charities of San Jose Marco$ Herrera Associate/Vice President Structural Integrity Associates Inc. Hugh Isola Attomey at Law Berliner Cohen Law Offices Phil Mahoney Executive Vice President Cornish & Carey Commercial Title Chairman Secretary At Large Emeritus Vice President Telephone Number 408 983-0195 (Office) 408 983-0200(Fax) 408 983-0240 (Office) 408 983-0296 (Fax) 650 494-2496 (Office) 650 494-2496 (Fax) 408 285-8862 (Office) 408 285-8870(Fax) 408 435-8510 (Office) 408 867-3742(Fax) 650 566-3080 (Office) 650 566-3081 (Fa~ 408 978-8200 (Office) 408 978-8964 (Fax) 408 286-5800 (Office) 408 998-5388 408 982-8340 (Office) 408 987-4117 (Fax) CATHOLIC CHARITIES BOARD ROSTER Revised 09/01/02 Terms of Office B0h~d Member Beginning Ending Beginning Ending i~ Bishop Patrick J. McGrath Ex Officio 2~ Msgr. Michael Mitchell Ex Officio 3~ Diane Saign Ex Officio 4~ Helen Hansen Emeritus 5i Mary Aumack July 97 June 00 July 00 June 03 6; John M. Sobrato July 99 June 02 July 02 June 05 7! Kenneth Wang July 99 June 02 July 02 June 05 8, Tae Yoo July 00 June 03 9! Martina O'Sullivan July 00 June 03 10 Mary Ellen Fox July 00 June 03 Hugh Isola July 00 June 03 t2 Jeanette Garretty July 01 June 04 i3 Marcos Herrera July 01 June 04 14 Perla Rodriquez July 01 June 04 15 Steve Wade July 01 June 04 14 Father. George Aranha ,July 01 June 04 t7 Philip A. Mahoney July 01 June 04 Nick Moore July 02 June 05 19 Cora Tomalinas July 02 June 05 Updated: 09/01/02 Printed: 9/25/02 Board of Directors: Name City of Residence Father George Aranha ............................................................... Mary Quilici Aumack ................................................................ Mary Ellen Fox ........................................................................... Jeanette Garretty ....................................................................... Marcos Herrera ............................................................................ Hugh Isola ................................................................................... Phil Mahoney .............................................................................. Nick Moore ................................................................................. Martina O'Sullivan .................................................................... Perla Rodriguez .......................................................................... Cora Tomalinas .......................................................................... John M. Sobrato ......................................................................... Steven Wade ............................................................................... Kenneth Wang ............................................................................ Tae Yoo ....................................................................................... Helen Hansen (Emeritus) .......................................................... Most Reverend Bishop Patrick McGrath ................................ Monsignor Michael Mitchell ..................................................... Diane Saign ................................................................................. San Jose Los Gatos Saratoga Redwood City San Jose San Jose Los Altos Hills Los Altos Hills Capitola San Jose San Jose Saratoga Los Altos Hills Palo Alto Palo Alto Cupertino Santa Clara Santa Clara Mountain View Ref: 020925Boardo fDirectors.doc Updated: 020925 MEMORANDUM DATE: TO: FROM: RE: 09/25/02 Kim, Fiscal MARLENE, LTCOP ~221 Proof of Insurance Please request PPoof of Insurance fop the City of CupePtino fop FY 02/03. "PROOF OF INSURANCE" REQUEST When the other party has required a legal document be signed 4 and wants proof of insurance please send complete, legible copy of (any PERMIT, APPLICATION, CONTRACT. AGREEMENT, LEASE or other) document, so obligations 5 can be determined Recommended that Chancery review prior to signing, especially when unusual or hazardous activities involved. 6 Written request will be fulfilled on a priority basis; missing info may cause delays or problems with Certificate Holder FORM FOR "CERTIFICATE OF INSURANCE" Please request 45 to 30 days ahead, but no{ more {ban [ 20 days (Rushes will be processes as needed Events wh~rc participants engage in physical activity may rexlmre waivers. Contract Chancery Office Carnival operators must provide proof of insurance for CITY CARNIVAL PERMITS and will extend insurance protection to your organization when requested. Please advise name and address and telephone number of any carnival company or amusement device owner below Please report early NAMED INSURED: ROMAN CATHOLIC BISHOP OF SAN JOSE YOUR LOCATION NAME: Lonq Term Care Ombudsman Proqram at Catholic Charities STREET 2625 Zanker Road, Suite 200 TELEPHONE # (408) 94~-0567 CITY, STATE ZIP San Jose, CA 95134-2107 FAX # (408) 944-0776 (079277) NEW OPERATIONS/PREMISES/CONTRACTS/OR VEHICLES must be reported and insured in order to give "proof" of insurance, IF THIS INVOLVES A CARNIVAL, GIVE INFO REQUESTED IN # 6 ABOVE ON REVERSE OR SEPARATE LETTER. THIS FORM FOR YOUR USE WHEN YOU NEED TO REQUEST CERTIFICATE OF INSURANCE; PLEASE PROVIDE THE FOLLOWING INFORMATION: Describe the activities/operations to be held - the premises/location to be used - the dates this is occurring and the purpose of this activity, or other reason "proof of insurance" has been requested. (Use of what, why. when...) AS RESPECTS- FY 02/03 Human Services Funding Proqram contract in the amount of $4,900.00 between the City of Cupertino and Catholic Charities to provide Lonq Term Care Ombudsman Program services in Ioncl term care facilities. CERTIFICATE HOLDER (NOTE: The other party which requires you to give them "proof" of your insurance.) THEIR FULL LEGAL NAME: City of Cupertino (OF OTHER Organization') __d__ and their officers agents and employees. ADDRESS 10300 Torre Avenue CITY / STATE/ZIP Cupertino, CA 95014-3255 ATTN.: Rick Kitson FAX: (408) 777-3366 Complete this document, attach copy of contract or Aereement & mail to: GALLAGHER HEFFERNAN INSURANCE One Market Plaza, Spear Tower, Suite 200 PO Box 7443 San Francisco, CA 94120-7443 Telephone No. (415) 536-8442 Attn.: Sarah Baldwin. Account Manager Fax No. (415) 536-8499 ALSO MAIL "COPY" TO: ALSO MAIL "COPY" TO: ALSO MAIL "COPY" TO: TELEPHONE # {408) 777-3262 SPECIAL INSTRUCTIONS. IF ANY: Chancery Office Insurance Dept. 900 Lafayette St., Suite 301 Santa Clara, CA 95050-4966 Attn.: Manuel Molina, Business Mgr. Requested Date Person Donna DiMinico Title: Lonq Term Care Ombudsman Proqram 2625 Zanker Road, San Jose, CA 951;~4-2107 Telephone # (408) 944-0567 x261 Requested Date: Person Klm Ncluven. Fiscal Department Title: Lonq Term Care Ombudsman Proqram 2625 Zanker Road, San Jose, CA 95134-2107 Telephone # (408) 325-5112 CERTIFICATE WILL BE MAILED TO CERTIFICATE HOLDER wrl~ COPY TO REQUESTING LOCATION, UNLESS OTHER WISE DIRECTED For Diocesan policy or legal questions or forms, please contact Robert E, Summers Director of Finance or Diocesan Attorney William Felice, Esq. g-~/~ EACH October 2, 2002 Board of Directors Linda Counts-Hayden Chair Frieda Feci Vice Chair Russ Klein Secretary- Treasurer Ade Adcsokan Elaine Alquist Carl Guardino Joan Hanrich Kathleen A. Martinelli Gary Selden Carol Toriumi-Lavaence Gracie Veronica-Corona President/CEO Dr. Kathryn B. Heatley Rick Kitson Public Information Officer City of Cupertino 10300 Torre Avenue Cupertino, CA 95014-3255 Dear Mr. Kitson: Attached is the completed application with all the required attachments from Outreach & Escort, Inc. (OUTREACH) for a Human Services Grant from the City of Cupertino for fiscal year 2002/2003. Please contact me at (408) 436-2865 if you have any questions. Sincerely, Vice President, Operations 3.2.3 j:\t\cdbg\City of Cupertino 926 Rock Avenue, Suite 10 San Jose, California 95131 Phone: (408) 436-2865 Fax: (408) 382-0470 E-mad: admin~outreachl.doc ~VebSite: www.outreachl.org HUMAN SERVICES FUNDING PROGRAM APPLICATION Nameoforganization Outreach & Escort, Inc. (OUTREACH) Address 926 Rock Avenue, Suite 10, San Jose, CA 95131 Contactpersorftitle William C. Schwarz, Vice President, Operations Telephone number 408-436-2865 City funds requested $ 10,800 Using additional sheets of paper, please respond to the following: 1. How will city funds be used? (Please be specific as to howthe Cupertino community is targeted.) 2. Please provide a detailed description of how city funds were used last year, and how the funding helped to meet your program goals or needs. (Provide current data.) 3. Along with this application form, please submit a budget summary ofyour organiTafion. 4. If you administer a private, non-profit agency, the following information is required: · A copy of the agency by-laws · A current list ofthe agency's board of directors · A letter from the IRS stating the tax-exempt status of the agency · A copy ofthe agency insurance policy/certificate ofinsurance The applicant hereby proposes m provide the services in accordance with the Human Services policy of the city of Cupertino as stated in this proposal, lf this proposal is approved and funded, it is agreed that relevant federal, state and local regulations and other assurances as required by the city of Cupertino will be adhered to. Furthermore, as duly authorized representative of the applicant organiza- tion, the applicant is fully capable offulfilling its obligation under this proposal as stated hereir~ This application and the information contained herein are true and correct and complete to the best of my knowledge. ,o o1 o Date P~gen~y Exd~dve Director How will city funds be used? On July 1, 1999 the Santa Clara County Transit District increased paratransit fares from $2.20 per one-way ride to $2.50 per one-way fide. On July 1, 2002 this was again increased to $2.80 per one-way ride. This has made it difficult for many paratransit users. Funds from the City of Cupertino's Human Services Program will be used to subsidize this cost ofparatransit to low in- come, at-risk frail elderly, and disabled residents of the City of Cupertino who need door-mm-door transportation for medial, social services, nutrition, day care, grocery shopping, and education services and who do not have access to public or private transportation. Clients are screened for eligibility under the Americans with Disabilities Act (ADA). There is an on-going and increasing need for paratransit transportation services in the City of Cupertino. "Paratransit" is defined as non-fixed route, door-to-door public transportation. There are residents in the City of Cupertino who have on-going transportation needs without access to public or private transportation services. Outreach & Escort, Inc., hereafter called OUTREACH utilizes subsidized taxis and accessible vans to accommodate eligible clients with transportation unmet needs. Currently 80% of all trips taken are medical or medically related, indicating the essential need for paratransit. The remaining 20% of the trips are used for shopping, legal mat- ters, banking, etc. This transportation service allows mobility-limited residents of the City to ac- cess the full resources of the community and for these residents to be mainstreamed and lead well balanced lives. After administrative and overhead expenses, this funding will provide a subsidy of $1.20 per one-way ride for 8,200 one-way rides to approximately 220 low-income Cupertino residents during the period of November 1, 2002 through June 30, 2003. Clients will begin to pay $1.60 rather than $2.80 per one-way ride effective November 1, 2002until the funds are depleted. The need for paratransit for the frail elderly and disabled of Cupertino continues to grow rapidly as the population of the City ages. Please provide a detailed description of how city funds were used last year and how the fund- ing helped to meet your program's need. During FY 2001 - 2002 (ending June 30, 2002), OUTREACH provided 27,009 rides to 374 un- duplicated clients who were residents of the City of Cupertino. OUTREACH therefore served 24 more unduplicated clients and provided 2,831 more rides than the previous year. Both sedans and accessible vans were used to provide service. Funding of $10,800 provided in FY 2001- 2002 represented 5.1% of the actual expenses OUTREACH incurred in providing paratransit services to clients residing in Cupertino. It is our hope that this proposal will be approved and funded in the amount of $10,800. This will allow the disabled Cupertino population to continue to use affordable paratransit service. OUTREACH TRANSPORTATION FUND OPERATING BUDGET 2002-2003 CITY OF CUPERTINO REVENUE Program Income 25,650 City Contract 10,800 Contract Revenue - SCVTA 184,300 TOTAL REVENUE EXPENSES Salaries 16,558 Payroll Taxes 1,200 Employee Benefits 2,100 Audit Expenses 237 Computer Costs 896 Other Contracts 165 Local Travel 37 Conference & Per Diem 22 Sedan/Van Contracts 187,583 Drag Testing 434 Rent/Janitor 1,575 Office Supplies 250 MTC Programming 43 Printing/Xeroxing 360 Equipment Purchase/Lease 88 Insurance/Bonding 228 Publicity/Subscriptions 34 Repairs 70 Employee Development 30 Administration 7,700 Recruitment 33 Telephone 847 Postage 220 Contingency 40 TOTAL EXPENSES 220,750 220,750 )UTREACH GOVERNING BOARD ROSTER 2002 September 30, 2002 OFFICERS: Chair: Vice Chair: Secretary-Treasurer: Linda Counts-Hayden Frieda Feci Russ Klein CORPORATION: 1. AdeAdesokau (12/2003)* Financial Consultant Merrill Lynch 50 W. San Fernando Street San Jose, CA 95113 Phone: (408) 283-3077 2. Linda Counts-Hayden (12/2002)* Manager, Data Management Customer Care IBM 555 Bailey Avenue San Jose, CA 95141 Phone: (408) 463-2118 4. Joan E. Henrich (11/2004)* Nextel Communication 1255 Treat Blvd., Suite 800 Walnut Creek, CA 94596 Phone: (925) 279-5619 5. Gracie Veronica-Corona (11/2004)* Coach Manager Pacific Bell 430 Bush St., Room 400 San Francisco, CA 94107 Phone: (415) 774-5066 PUBLIC SECTOR: Christopher Gust (12/2005) Senior Vice President and Manager Cash Management Services Heritage Commerce Corp. 150 Almaden Blvd. San Jose, CA 95113 Phone: (408) 534-4951 Fax: (408) 995-0134 Elaine Alquist (12/2003)* Assembly Member State Capitol P.O. Box 942849 Sacramento, CA 94249-0001 Phone: (916) 319-2122 Fax: (916) 319-2122 Date term expires Carl Guardino (12/2003)* President and CEO Silicon Valley Manufacturing Group The Concourse 226 Airport Parkway, Suite 190 San Jose, CA 95110 Phone: (408) 501-7864 Kathleen A. Martinelli (12/2002)* Associate Professor of Public Relations San Jose State University School of Journalism & Mass Communications One Washington Square San Jose, CA 95192-0055 Phone: (408) 924-3285 CONSUMER & CONSUMER REPRESENTATIVE: 10. 11. 12. Russ Klein (12/2003)* Los Gatos Capital 654 N. Santa Cruz Ave., Suite E Los Gatos, CA 95030 (408) 354-8000 Gary Selden (12/2005)* Senior Vice President Ritchie Commercial 34 West Santa Clara Street San Jose, CA 95113 (408) 971-2700 Carol Toriumi-Lawrence (12/2004)* 2839 Harrisburg Avenue Fremont, CA 94536 (510) 792-6803 Frieda Feci (12/2002)* Health Committee Chairwoman Federated Women's Club 1524 Chen~ Garden Lane San Jose, CA 95125 Phone: (408) 269-6997 j:~a\b~r\~revised board roster NECEIVEI] u I] 21]1]2 CERTIFICATE OF LIABILITY INSURANCFo ° _' ACORD. PROOFER ~all & ~amho Insurance ~roker~ License # 0034553 P.O. Box 1029 San Jose, CA 95108 Phone=408-298-4321 Fax=408-298-6087 INSURED ~treach & Escort· Inc. 97 E. Brokaw. Ste. #140 San Jose CA 95112 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE INSURERA: Nonprofits' Ins. Alliance INSURER B: INSURER C: INSURER D: INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED AEOVE FOR THE POLICY PERIOD INDICATED. NOT~NITHSTANDING ANY REQUIREMENT. TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WiTH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS. EXCLUSIONS AND CONDITIONS OF SUCH POLiCiES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED EY PAID CLAIMS. INSIq POLICY EFFECTIVE POUCY EXPIRATION GENERAL LtARILITY ~CH OCCURRENCE $ 1,000 · 000 · A I X COMMERCIALGENERALLIABILITY 2002-06692-NPO 07/01/02 07/01/03 FIREDAMAGE(Anyonefire) $ 100,000. I CLAIMS MADE [~ OCCUR MED EXP (A~onepersoa) $ 10,000 PERSONAL&ADVINJURY $ 1· 000 · 000 * GENERAL AGGREGATE $ 2, 000, 000 . I POLICY r~PRO- AUTOMOBILE LIABILITY COMBINED SINGLE UMIT $ 1 · 000 · 000 · A ANY AUTO 2002-06692-NPO 07/01/02 07/01/03 (EM accident ) EXCESS MABILITY EACH OCCURRENCE $1 · 000,000. A X~ OCCUR ~ C~IMS MADE 2001-06692-OMB-N~0 07/01/02 07/01/03 AGGREGATE $1,000 · 000 . $ WORR COMF SA ONAND I TORYLIM SI' - ADDITIONAL INSURED ENDORSEMENT ATTACHED. 10 DAY NOTICE NON-PAYMENT. CERTIFICATE HOLDER I Y I ADDITIONAL INSURED; INSURER LE'ITER: __ CANCELLATION C I'Z~rcq3~ City of Cu~ertino 10300 Torre Ave. ~upertlno CA 95014 ACORD 25-S (7~97) SHOULD ANY OF THE ABOVE DESCRIBED POUCIES BE CANCELLED BEFORE THE EXPIRATIOI DATE THEREOF. THE ISSUING INSURER WILL ENDEAVOR TO MAIL ~ 0 DAYS WRITTEN NOTICE TO THE CERTIFIC, . BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGRu IY ~--~ON TH INSURER. ITS AG Timothy H. Starbird ©ACORD CORPORATION 1988 POLICY NUMBER: 2002-06692-NPO COMMERCIAL GENERAL LIABILITY NonProfits' Insurance Alliance THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED-DESIGNATED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART. SCHEDULE Name of Person or Organization: City of Cupertino (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) WHO IS AN INSURED (Section II) is amended to include as an insured the person or organization shown in the schedule as an insured but only with respect to liability arising out of your operations or premises owned by or rented to you. A MINIMUM 30 DAYS NOTICE OF CANCELLATION CLAUSE APPLIES EXCEPT FOR NON- PAYMENT OF PREMIUM. 1N THAT CASE, A MINIMUM OF 10 DAYS SHALL BE PROVIDED. THIS INSUR-&NCE IS PRIMARY INSURANCE AS RESPECTS TO THE ADDITIONAL INSURED. ANY OTHER INSURANCE AVAILABLE TO THIS PERSON OR ORGANIZATION IS EXCESS AND NON-CONTRIBUTING. CG20261185 Copyright, Insurance Services Office, Inc., 1984 g-SO INTERNAL REVENUE SERVICE , 25 Lq85 ~te: Outreach and Escort, 186 East Gish Road San Jose, CA 95112 Irc . DEPARTMENT OF THE TREASURy EIN: 94-2598855 Our Letter Dated: October 31. 1979 Person to Contact: Taxpayer Service Representative Contact Telephone Number: (800) 424-1040 This you would tion until modifies our letter of the above date in which we stated that be treated as an organization which is no~ a Private founda- the expiration of your advance ruling perloc. Based on the information you submitted, we have' determined that you are not a private fouDdation within the meaning of section 509(a) of the Internal Revenue Code, be~,,~ v~u are an nroanization of the type described in section 509(.a)[~f] ~ 17o(b)(1)[A)(vf). .Your exemp~ status under section 501(c)(3; o= the code is still in,~£:ec=. Grantors ' and contributors may rely on this determination un~il th~ Internal Revenue Service publishes not~cm to th~ c~ntrarv. However, a grantor or a contriDunor ~av noL__rely on this Ce~erm~n~tlon if he or she was in part responsible for, or-was aware o=, the acn or failure to act that resulted in your loss of section 509(a)(1) and 170(b) (1) (A)(vi) status, or acquired knowledge that the Internal Revenue Service had given notice that you would be removed from classification as a section 509(a) (1) and 170(b)(1)(A) (vi) organization. Because this letter could help resolve any questions about your foundation status, you should keep it in yeur permanen% records. If you have any questions, please contact the person whose name and telephone number are shown above. Sincerely yours, District Director Box 36001, San Francisco, CA. 94102 F-SI Letter 1050 (DO) (Rev.7-77] U T REACH BYLAWS OF OUTREACH & ESCORT, INC. SANTA CLARA COUNTY Implementation Dates Initial Approval 4/04,'79 1st Amendment 6/17/82 2'~° Amendment 11/24/82 3~ Amendment 2/17/83 4th Amendment 10/28/83 5'h Amendment 3120185 6th Amendment 10/28/87 7"' Amendment 9/21/88 8th Amendment 3/15/89 9~ Amendment 9/20/89 10~h Amendment 9/18/91 11 ~' Amendment 6/24/92 12t~ Amendment 3/16/94 13th Amendment 11/16/98 14~h Amendment 6/25~02 ~OUTREACH BYLAWS TABLE OF CONTENTS ARTICLE I NAME .................................................................................................................................................... 1 ARTICLE H PURPOSES .......................................................................................................................................... 2 ARTICLE HI OFFICES ............................................................................................................................................ 3 ARTICLE IV DIRECTORS OF THE BOARD ....................................................................................................... 4 ARTICLE V MEETINGS OF THE BOARD ........................................................................................................... 8 ARTICLE VH ELECTIONS ................................................................................................................................... 13 ARTICLE VHI EXECUTIVE COMMITTEE ....................................................................................................... 14 ARTICLE IX STANDING COMMITTEES .......................................................................................................... 16 ARTICLE X FINANCES ......................................................................................................................................... 19 ARTICLE XI BOOKS AND RECORDS ................................................................................................................ 20 ARTICLE XH PROGRAM ..................................................................................................................................... 21 ARTICLE XIII STAFF ............................................................................................................................................ 22 ARTICLE XIV WAIVER OF NOTICE ................................................................................................................. 23 ARTICLE XV AMENDEMENT TO BYLAWS OF CORPORATION .............................................................. 24 CERTIFICATION OF SECRETARY ...................................... Bylaws Page 1 ARTICLE I NAME 1.1 Name: The name of the corporation shall be OUTREACH & ESCORT, Inc., hereinafter sometimes referred to as OUTREACH or "the corporation." ~OUTREACH Bylaws Page 2 ARTICLE I1 PURPOSES 2.1 Mission: The mission of OUTREACH is to connect individuals in the Bay Area with the services they need to maintain or improve their independence and dignity. We do this with a holistic approach, applying technology and partnerships to achieve the highest benefit for our clients and community. 2.2 Priman/Emphasis: The primary emphasis of OUTREACH shall be to develop, administer, coordinate, and promote services, programs, technology solutions and partnerships, to achieve the highest benefit for our clients and the community. 2.3 Other Purposes Include: a) Soliciting funds for operations/programs of OUTREACH and to build financial stability, revenue diversity and overall agency viability. b) Coordinating planning and program operations, and building cooperative partnerships with govermnental agencies and other public/private corporations, institutions and entities. c) Receiving and providing technical assistance and technology development. d) Providing access in a collaborative and holistic manner to intemal and external community services and benefits that will enhance our target population's independence. e) Branching out into new and/or expanded services or solutions for independence for our target population. 2.4 OUTREACH, its Directors and staff are prohibited against participation in political activities in the name of the corporation or using any OUTREACH resources, property, or facilities for this same purpose. 2.5 OUTREACH shall limit lobbying to those activities, and the amount of activities, that are allowable under specific regulations applying to non-profits in the Internal Revenue Code. OUTREACH shall not employ paid lobbyists. ~OUTREACH Bylaws Page 3 ARTICLE III OFFICES 3.1 Principal Office The principal office of the corporation in the State of California shall be located in Santa Clara County. OUTREACH may have such other offices, either within or without the State of California as the Board of Directors may determine or as the affairs of the corporation may require. The Board of Directors is granted full power and authority to change the principal office from one location to another. Any change shall be noted by the Board Secretary, but shall not be considered an amendment of these Bylaws. Bylaws Page 4 ARTICLE IV DIRECTORS OF THE BOARD 4.1 Residency The affairs of the corporation shall be managed by its Board of Directors. Board members must be residents of the greater San Jose/San Francisco Bay Area. 4.2 Number and Tenure The number 0fat-large elected Directors shall consist of no fewer than ten (10) and no more than fifteen (15), with the exact number of Directors to be fixed within these specified limits by the Board of Directors. Each Director shall hold office for three (3) years, and may be re-elected for four (4) consecutive three (3) year additional terms. After serving twelve (12) consecutive years, a Director must remain off the Board for a minimum of one year before s/he can be renominated at the end of twelve (12) consecutive years. 4.3 Selection and Election of New Directors Membership on our Board shall be open to all individuals who satisfy residency requirements, are recommended by the Nominating Committee, and are approved by the Board of Directors (See Article 7.1). 4.4 Vacancies Any vacancy occurring on the Board of Directors shall be filled by the Board of Directors. The Nominating Committee may make a recommendation to the Board at any time throughout the year to fill a vacancy. Unanticipated vacancies caused by resignation, removal, or death shall be filled by election of the Board of Directors within ninety (90) days of the effective date of the vacancy, when there are fewer than ten (10) Board members serving. Greater time may be taken to recruit and elect the new member when there are mom than ten (10) Board members still serving. 4.5 Resignation of Elected Directors and Officers Any Director/Officer may resign effective upon giving written notice to the Chairperson or the Secretary-Treasurer or to the Board of Directors. Except upon notice to the Attorney General, no Director may resign where the corporation would then be left without a duly elected Director in charge of its affairs. Bylaws Page 5 4.6 Removal of Elected Directors and Officers Absence fi.om two (2) consecutive board meetings within a calendar year, without an excused absence granted by the Board Chair for reasonable cause, is equivalent to resignation fi.om the Board. Confirmation of such absences and subsequent removal shall be given the Director, in writing, by the Secretary. Any Director or Officer who fails to perform duties in accordance with the standards of conduct of his/her term/office may be removed from office. Any Director or Officer may be removed without cause whenever, in the Board's judgment, the best interests of the corporation would be served. Removal with or without cause shall require approval by a majority of all of the Directors then in office at a regularly scheduled meeting or at a special meeting duly called and noticed for that purpose. Notice of removal shall be given in writing to the Director by the Secretary not more than 10 days subsequent to such action. 4.7 Members This corporation shall have no members. 4.8 Compensation Directors, as such, shall not receive any monetary compensation for their services. Directors may be reimbursed for reasonable expenses (travel or out-of pocket expenses), when approved in advance by Board Chair and when the Board Chair reviews and approves submitted receipts detailing legitimate expenses. All such approved reimbursements will be processed by the Vice President, Finance and Administration or the CEO, at the request of the Board Chair. 4.9 Conflict of Interest Board members or candidates must disclose business, financial, personal and/or family relationships that can create a potential conflict of interest and abstain on those Board decisions related specifically to those matters; Board members may not offer, for personal reimbursement, professional services or goods that compete with OUTREACH. 4.10 Board members must not accept girls or gratuities, of any value, fi.om persons or organizations doing business with the corporation. 4.11 Persons related to Board members will generally not be hired as employees for the corporation. The CEO may allow exceptions when there is shown to be no conflict of interest, the Director does not personally financially benefit, and it is in the best interest of the corporation. The routine open hiring process for all job applicants must be strictly followed. 4.12 Duties The OUTREACH Board of Directors is expected to (1) set overall strategy and policy objectives, (2) react to the ways the staffplans to achieve those aims, and (3) monitor whether the organization is making sufficient progress toward its goals. Except during Executive Bylaws Pa§¢ 6 Session, these tasks will always be performed in the presence and through direct interaction with the CEO or the CEO's designated staff representative. A Director shall perform the duties of a Director including those of a member of any Board Committee upon which s/he may serve in good faith and with such care as s/he believes to be in the best interest of the Corporation. In performing a Director's duties s/he is entitled to rely on information, opinions, reports or statements including financial data, which have been prepared or presented by certain persons, including officers or employees, counsel, independent accountants, professionals or experts deemed to be competent in their respective fields or a Committee of the Board upon which the Director does not serve and which merits confidence. 4.13 Officers and Directors have a fiduciary responsibility to the corporation. 4.14 Indemnification of Directors, Officers, Employees, and other Agents A. Right of Indemnity To the fullest extent permitted by law, this corporation shall indemnify its directors, officers, employees, and other persons described in Section 5238(a) of the Califomia Corporation Code, including persons formerly occupying any such position, against all expenses, judgments, fines, settlements and other mounts actually and reasonable incurred by them in connection with any "proceeding", as that term is used in that Section, and including an action by or in the right of the corporation, by reason of the fact that the person is or was a person described in that Section. "Expenses", as used in these bylaws, shall have the same meaning as in Section 5238(a) of the California Corporations Code. B. Approval of Indemnity On written request to the Board by any person seeking indemnification under Section 5238(b) or Section 5238(c) of the California Corporations Code, the Board shall promptly determine under Section 5328(e) of the California Corporations Code whether the applicable standard of conduct set forth in Section 5238(b) or Section 5238(c) had been met and, if so, the Board shall authorize indemnification. C. Advancement of Expenses To the fullest extent permitted by law and except as otherwise determined by the Board in a specified instance, expenses incurred by a person seeking indemnification under (Article 4.14) of these Bylaws in defending any proceeding covered by (Article 4.14) of these Bylaws shall be advanced by the corporation before final disposition of the proceeding, on receipt by the corporation of an undertaking by or on behalf of that person that the advance will be repaid unless it is ultimately determined that the person is entitled to be indemnified by the corporation for those expenses. Bylaws Page 7 4.15 This corporation shall purchase and maintain insurance to the full extent permitted by law on behalf of its Officers, Directors, employees and other agents, to cover any liability asserted against or incurred by any Officer, Director, employee or agent in such capacity or arising from the individual's status as such. 4.16 Powers of Directors Subject to the limitations of the Articles of Incorporation and of the Nonprofit Public Benefit Law of Caiifomia, all corporate powers shall be exercised by or under the authority of, and the business and affairs of the Corporation shall be controlled by the Board of Directors. Without prejudice to these general powers but subject to the same limitations, it is expressly declared that our Directors shall have the following powers: a) To appoint, conduct regular performance review for, and remove the President of OUTREACH and to prescribe powers and duties for Officers of the Board of Directors ~s'may not be inconsistent with law, with the Articles of Incorporation, or with these Bylaws. b) As they may deem best, to conduct, manage, and control the affairs and business of OUTREACH and to make such policies as are consistent with law, with the Articles of Incorporation, or with these Bylaws. c) To elect representatives fi.om among the Directors to serve as Officers and Officers-at-large on an Executive Committee. d) To adopt, make and use a corporate seal and to alter the form of the seal fi.om time to time as in their judgment they deem best, provided the seal shall at all times comply with the provisions of law. e) To manage in the manner they deem best all funds and property, real and personal, received, acquired, or earned by the corporation and to distribute or dispense them. f) To make and publish policies, not inconsistent with these Bylaws, that govern the operation and use of the Corporation's facilities. g) To contract for an annual independent audit which shall be reviewed and formally accepted by vote of the Board of Directors. h) To delegate the management of the activities of the corporation to any person, persons, management company or committee, however composed, provided that the activities and affairs of the corporation shall be managed and all corporate powers shall be exercised under the ultimate direction of the Board. Bylaws Page 8 ARTICLE V MEETINGS OF THE BOARD 5.1 Regular Meetings Regular meetings of the Board of Directors shall be held no less than four times per year at an established place and time, as shall be fixed by the Board of Directors. 5.2 Special Meetings Special meetings of the Board of Directors for any purpose or purposes may be called at any time by the Chair, by the Secretary, the Vice-Chair, or by any two (2) Directors. The person or persons authorized to call special meetings of the Board shall determine the time and place of the special meeting and give proper notice to all Directors. The business to be transacted at and the purpose of the special meeting of the Board of Directors shall be specified in the notice of such meeting and be subject to requirements for quorum (Article 5.4 below) and manner of acting (Article 5.5). No other business may be transacted at said special meeting. 5.3 Notice Notice of any special meetings of the Board of Directors shall be given by telephone or by written notice, delivered personally, sent by mall to each Director at his/her address as shown by the records of the corporation, sent by Fax or sent by electronic mail. If sent by regular mail, such notice shall be deemed to be delivered when deposited in the United States mail, so addressed with postage thereon prepaid, at least five (5) working days before the meeting. The attendance of a Director at any meeting shall constitute a waiver of notice of such meeting, except where a director attends a meeting for the express purpose of objecting to the transaction of any business because the meeting is not lawfully called or convened. All such waivers, consents and approvals shall be filed with the corporate records or made part of the minutes of the meeting. 5.4 Quorum Fifty-one percent (51%) of the Board of Directors shall constitute a quorum for the transaction of business at any meeting of the Board. If less than fifty-one percent (51%) of the Directors are present at said meeting, a majority of the directors present may adjourn the meeting without further notice. A meeting at which a quorum is initially present may continue to transact business notwithstanding the withdrawal of directors, if any action taken is approved by at least a majority of the required quorum for such meeting. 00-6/ Bylaws Page 9 5.5 Manner of Acting The act of a majority of the Directors present at a meeting at which a quorum is present shall be the act of the Board of Directors. 5.6 Procedure The Board of Directors shall keep regular minutes of its proceedings. These minutes shall be mailed to Board members at least five (5) days prior to the next scheduled meeting. 5.7 The rules of procedure at meetings of the Board shall be according to Robert's Rules of Order (Revised) on parliamentary procedure, so far as applicable and when not inconsistent with these Bylaws, State law, or other written and adopted organizational procedures. The rules of procedure may be suspended by a 2/3 majority vote of those present and voting at any ~eeting, a quorum present. 5.8 Validation of a Defective Meeting The transactions of any meeting of the Board of Directors, however called, and noticed or wherever held, shall be as valid as though done at a meeting held after regular call and notice, if a quorum is present and if each of the Directors not present signs a written waiver of notice or a consent to holding the meeting. Directors who are not present may also "approve the minutes of the meeting in writing." All waivers or consents shall be filed with the minutes of that meeting. 5.9 Adjournment A majority of the Directors present, whether or not a quorum is present, may adjourn any meeting to another time and place. If the meeting is adjourned for more than 24 hours, notice of any adjournment to another time or place shall be given prior to the time of the adjourned meeting to the Directors who were not present at the time of the adjournment.. 5.10 Action Without Meeting Any action by the Board of Directors may be taken without a meeting, and without- compliance with the ballot procedure set forth in Article 5.11, if all Directors individually or collectively consent in writing to such action. Such written consent or consents shall be filed with the minutes of the proceedings of the Board of Directors. 5.11 Acts without Meeting on Ballot Ballot Process procedures: a) Any action which may be taken at any regular or special meeting of the Board of Directors may be taken without a meeting if the corporation distributes a written ballot to every Director entitled to vote on the matter. Such ballot shall set forth the proposed action, provide an Bylaws Page 10 opportunity to specify approval or disapproval of any proposal, and provide a minimum of 10 working days within which the ballot must be received by the corporation. b) Approval by written ballot pursuant to this section shall be valid only when the number of votes cast by ballot within the time period specified equals or exceeds the quorum required to be present at a meeting authorizing the action, and the number of approvals equals or exceeds the number of votes that would be required to approve at a meeting at which the total number of votes cast was the same as the number of votes cast by ballot. c) Ballots shall be solicited. All such solicitations shall indicate the number of responses needed to meet the quorum requirement and shall state the percentage of approvals necessary to pass the measure submitted. The solicitation must specify the time by which the ballot must be received in order to be counted. d) revoked. Unless otherwise provided in the articles or Bylaws, a written ballot ma3) not be ~OUTREACH Bylaws Page I I ARTICLE VI OFFICERS 6.1 Officers of the Board of Directors The Officers of OUTREACH shall be a Chairperson, a Vice-Chairperson, a Secretary- Treasurer, and two officers-at-large or such other Officers as the Board of Directors may elect as set forth in Section 8.2. The Board of Directors may elect or appoint such other officers as it may deem desirable. Officers shall be chosen by the Board and serve at the pleasure of the Board. Officers are elected at the last regular meeting each calendar year for a one-year term. An officer may resign at any time upon giving written notice to the Secretary-Treasurer or to the Chair for submission to the Board. The Board of Directors may elect or appoint such other office~s ~s it may deem desirable. Such officers have the authority and perform the duties prescribed by the Board of Directors. Any two or more offices may be held by the same person, except the offices of the Chair and Secretary. 6.2 Chair The Chair shall preside at all meetings of the Board of Directors and the Executive Committee of the Board of Directors, and shall be an ex-officio member of ail committees except the Nominations Committee. S/he shail, subject to the consent and approval of the Board of Directors, appoint committee chair-persons. S/he shall sign any documents or instruments which the Board has authorized to be executed, except in cases when the signing and execution thereof shail be expressly delegated by the Board or by these Bylaws. The Chair is responsible for the development of a three (3) year plan in conjunction with the Executive Committee and the Board Directors. 6.3 Vice Chair The Vice Chair shall, when directed by the Chair, or in the absence of the Chair, assume the duties of the Chair. 6.4 Secretarf-Treasurer The Secretary-Treasurer shail keep minutes of ail Board Meetings and shall be the custodian of ail papers, records, and documents of OUTREACH. These duties may be delegated to agency staff by the Secretary-Treasurer. At each meeting the Secretary-Treasurer shall be prepared to read the minutes of any previous meeting. The Secretary-Treasurer shall be custodian of all property of OUTREACH and shall receive, hold, and disburse funds of OUTREACH. The Secretary-Treasurer shall keep proper records, shall be prepared to present a current financial statement at any Board meeting. The Secretary-Treasurer shall be responsible for coordinating the activities of the Finance and Administration Committee. Bylaws Page 12 6.5 Election and Term of Office A slate of officers shall be recommended by the Nominating Committee prior to the last regular meeting of the Board of Directors each calendar year. Elections shall take place at that meeting and additional nominations may be made fi.om the floor at the time of the election. Each nominee must have served as a Director for a minimum period of six (6) months; however, this provision may be waived by good cause by two-thirds (2/3) vote of a quorum of the Board. All officers shall be elected for a one year term. There is no limit to the number of terms an officer may serve as long as s/he is a qualified member of the Board. 6.6 Any officer may be removed by a majority (51%) vote of a quorum of the Board of Directors with or without cause whenever, in the Board's judgment, the best interests of the corporation would be served. Notice of removal shall be given in writing to the officer by the Secretary not more ttxan ten (10) days subsequent to such action. _ 6.7 President/CEO The President shall be the chief executive officer of the corporation and, subject to supervision of the Board of Directors, shall have general management of the activities of the corporation. The President of OUTREACH is authorized on the Board's behalf to submit proposals to fund agency programs in the need areas adopted by the Board, and is authorized to execute and bind the corporation to any contract award. The president shall also perform such other duties as the Board of Directors shall prescribe. The President shall be chosen by the Board of Directors and serve at the pleasure of the Board subject to such officer's rights, if any, under any contract of employment. Bylaws Page 13 ARTICLE VII 7.1 Elections: ELECTIONS Annual Election of Directors and Officers: A slate of candidates for Directors and Officers shall be prepared by the Nominations Committee and presented at the second to last regular meeting each calendar year meeting (See Article 9.1). Any Director may make nominations for Officers and/or Directors fi.om the floor at that meeting, provided consent to the nomination is obtained from the nominee. Such names shall be added to the list submitted by the Nominations Committee and placed on the ballot. In the case of more than one nomination for an office, the vote shall be by secret ballot. Nominations from the floor will remain open_until formally closed at the election meeting. In the case of more than one nomination for an office, the vote shall be by secret ballot. The elections shall be held at the last regular meeting of each calendar year and the new Directors and new Officers shall begin their terms at the next regularly scheduled meeting (see Article 4.3). ~OUTREACH Bylaws Page 14 ARTICLE VIII EXECUTIVE COMMITTEE 8.1 Designation There shall be an Executive Committee of the Board of Directors. 8.2 Number and Qualification The Executiv~ Committee shall consist of the Board Chair, the Board Vice Chair, and the Chairs of the Finance & Administration, Nominations, and Personnel Committees. - 8.3 Authority The Executive Committee may act for the Board of Directors between meetings of the Board, within the policies established by the Board and with such additional authority as may be delegated by the Board of Directors, except in those matters reserved in these Bylaws for determination by the Board of Directors. The Executive Committee shall be responsible for coordinating all policy making of OUTREACH. 8.4 Meetings The Executive Committee shall meet at least one week prior to the next regularly scheduled Board meeting and more often as needed, at a time and a place to be determined by the Executive Committee. Executive Committee agendas must be disclosed in advance to the full Board. Meetings will be open to attendance by any interested Board member. Only its duly elected members may vote or count in establishing a quorum in Executive Committee meetings. 8.5 Quorum, Maiority Vote, Pmcedure A majority of members of the Executive Committee shall be required for the transaction of business at any meeting of the Executive Committee. The act of a majority of the members present at any meeting at which a quorum is present shall be the act of the Executive Committee, except as otherwise specifically provided by statute, the Paticles of Incorporation, or these Bylaws. If a quorum is not present at a meeting of the Executive Committee, the members present may adjourn the meeting without notice, other than an announcement at the meeting, to be reconvened when a quorum is present. The Executive Committee shall keep regular minutes of its proceedings which shall be placed in the minute book of the corporation. A report of the actions of the Executive Committee shall be made to the Board of Directors at its next regularly scheduled meeting. Bylaws Page 15 8.6 Annual Review of Corporate President/CEO The Executive Committee does the initial annual review of the CEO, evaluating performance and recommending compensation. Their annual review recommendations are then forwarded to the full Board for deliberation and final approval. Bylaws Page 16 ARTICLE IX STANDING COMMITTEES 9.1 Standing Committees: Personnel, Nominations, and Finance Committees. The Board's Standing Committees shall be: Finance and Administration, Personnel, and Nominations. The Board of Directors, by resolution adol~ted by a majority of the Directors, may designate, appoint, or terminate additional standing and/or special committees to the extent provided in said resolution. a) The Npminations Committee shall be a standing committee consisting of no fewer than three (3) but not more than 50% of Directors who shall be appointed annually duriiag the last meeting of the calendar year by the Chairperson, subject to confirmation by the Board. The Chair of the Nominations Committee shall be appointed by the Chairperson of the Board. The Chairperson shall not be a member or ex-officio member of the Nominations Committee. b) The Personnel Committee shall be a standing committee consisting of no fewer than two (2) but not more than 50% of Directors who shall be appointed annually during the last meeting of the calendar year by the Chairperson, subject to confirmation by the Board.. The Chair of the Personnel Committee shall be appointed by the Chairperson of the Board. c) The Finance Committee shall be a standing committee consisting of no fewer than two (2) but not more than 50% of Directors who shall be appointed annually during the last meeting of the calendar year by the Chairperson, subject to confmnation by the Board. The Chair of the Finance Committee shall be the Secretary-Treasurer of the Board, an elected officer (see Article 7.1). A. Purpose of Personnel Committee: The Personnel Committee advises the CEO on personnel policy issues. The Personnel Committee has three major tasks: a) In cooperation with staff, develops and recommends to the full Board personnel policies and procedures. b) Oversees the agency's efforts to comply with all labor-related legislative and regulatory issues at the national, state, and local levels. Initiate a biennial comparability study for agency salaries and benefits. c) Oversees and make recommendations to the full Board on alterations in the organizational structure, functional positions, and compensation. Bylaws Page 17 B. Purpose of Nominations Committee: The Nominations Committee shall be a standing committee consisting of no less than three (3) Directors who shall be appointed annually during the last meeting of the calendar year by the Chairperson, subject to confirmation by the Board. The Chairperson shall not be a member of the Nominations Committee. The primary functions of this committee shall be as follows: a) The screening and recommending of nominees for the Board of Directors subject to reports set forth for the Board membership in these By Laws. Such nominees shall be presented to the Board of Directors annually to replace expired terms when indicated, and as necessary to fill any vacancies on the Board. b) The preparation and presentation of a slate of candidates for Officers of the Board. The Nominations Committee shall submit a recommended slate of candidates to fill regular, anticipated vacancies on the Board of Directors to the Board at the second to last regular Board meeting each calendar year as set forth in Section 7.1. Those elected will begin their terms of office at the next regularly scheduled Board meeting. c) The conducting and supervising of all Board elections. C. Purpose of Finance Committee: The Finance Committee coordinates the Board's financial oversight responsibilities by recommending policy to the Board, interpreting it for the staff, and monitoring its implementation. The Finance Committee has several major tasks: a) Seeing that accurate and complete financial records are maintained. b) Seeing that accurate and complete financial statements are prepared and presented to the Board. c) Seeing that budgets and anticipatory financial statements are prepared and presented to the Board. d) Safeguarding the organization's assets. e) Establishing and periodically reviewing investment policy for Board approval; providing oversight of Agency investments per the policy. f) Complying with federal, state, and other reporting requirements. g) Helping the full Board understand the organization's finances. Bylaws Page 18 h) Providing oversight of the organization's annual financial audit and recommending action to the full Board in accordance with Section 10.5. 9.2 Special Committees Each committee shall consist of at least one (1) Board Director and additional members but no mom than 50% of Directors appointed by the Board Chair as needed to car~ on the work of the committee. The Board Chair shall appoint the committee chair of each special committee. Subject to approval of the committee chair and a majority of its seated members, the chair of a special committee may select and delegate individuals, who are not Board members, to serve on such committees as interested individuals or subject matter experts. There is no set term of service for such members. The work of these committees will be forwarded to the Executive Committee of the Board for review and acceptance. Appropriate matters will then be forwarded to the Board as information and/or for review and approval. The Board of Directors, by_ _ resolution adopted by a majority of the Directors, may designate and appoint additional standing and/or special committees, to the extent provided in said resolution. 9.3 Term of Office Each Board member of a committee shall continue as such until the next Board Chair is elected or until her/Ids successor is appointed, unless the committee shall be sooner terminated or unless such member shall cease to qualify as a member thereof. 9.4 Vacancies Vacancies in the Board membership of any committee may be filled by appointments made in the same manner as provided in the case of original appointments. 9.5 Quorum Unless otherwise provided in the resolution of the Board of Directors designating a committee, a majority of the whole committee shall constitute a quorum and decisions made at meetings, in which amajority of the members are present, shall be the act of the committee. 9.6 Rules and Functions Each committee may adopt roles for its own proceedings, not inconsistent with these Bylaws or with rules adopted by the Board of Directors. Each committee shall formulate a statement of its function which shall be submitted to the Board of Directors for approval. Bylaws Page 19 ARTICLE X FINANCES 10.1 Budget The Board shall adopt an annual budget in each fiscal year and shall revise the budget as required by changing circumstances. 10.2 Fixed Expenses The Secretary-Treasurer or his/her designee and the President/CEO, shall be responsible for ensuring the payment of all fixed expenses of OUTREACH, upon authorization of de-Board of Directors. 10.3 Checks The signatures of two corporate officers shall be required on all checks of the corporation. 10.4 Deposits All funds of the corporation shall be timely deposited to the credit of the corporation in such banks, trust companies, or other depositories as the Board of Directors may select. 10.5 General Audit and Annual Report An annual independent audit shall be conducted under contract and reviewed and accepted by the Board of Directors no later than one hundred and twenty (120) days after the close of each fiscal year. The audit report shall be presented to the Board of Directors within thirty (30) days of its completion. 10.6 Contracts The Board of Directors may authorize any officers or agents of the corporation, in addition to the officers so authorized by these Bylaws, to enter into any contract or execute and deliver any instrument in the name of and on behalf of the corporation. Such authority may be general or confined to specific instances. 10.7 Proposals and Solicitation of Fand~ The Board of Directors may authorize any officers or agents of the corporation, in addition to the officers so authorized by these Bylaws, to submit any proposal or solicit funds in the name of and on behalf of the corporation. Such authority may be general or confined to specific instances. Bylaws Page 20 ARTICLE XI BOOKS AND RECORDS 11.1 Fiscal Year The fiscal year of the corporation shall begin on July 1 and end on June 30. An independent audit of the books and records of the corporation shall be conducted annually. The audit report shall be presented to the Board of Directors within thirty (30) days of its completion (Article 10.5). 11.2 Books and Records The corporation shall keep correct books and records of accounts, records of attendance, and the minutes of the proceedings of the Board of Director and Executive Committee meetings. The corporation shall keep an accurate record of the names and addresses of the Board of Directors. Bylaws Page 21 ARTICLE XII PROGRAM 12.1 Programs/Operations The Board of Directors may authorize the organization and development of such programs and operations as may be found expedient for the provision of service to the community and which are consistent with the mission of the agency. Each program or operation shall be administered in accordance with the structure, policies and procedures submitted to and approved by the Board of Directors of OUTREACH. 12.2 Discontinuance The Board of Directors of OUTREACH may discontinue any of its programs/operations provided there has been consultation with the CEO and other staff as appropriate. The final decision shall be the responsibility of the Board of Directors. Bylaws Page 22 ARTICLE XIII STAFF 13.1 Emplownent All staff of the corporation are employed in accordance with the provisions of these Bylaws and in accordance with the Personnel Policies and Procedures Manual established by the Board of Directors. 13.2 President/CEO The President/CEO shall be the chief executive officer of the corporation and, subject to supervision of the Board of Directors, shall be responsible for general management of the activities of the corporation. The President/CEO is authorized on the Board's behalf to submit proposals to fund agency programs in the need areas adopted by the Board, and is authorized to execute and bind the corporation to any contract award. The President/CEO shall also perform such other duties as the Board of Directors shall proscribe. The President/CEO shall be chosen by the Board of Directors and serve at the pleasure of the Board subject to such officer's rights, if any, under any contract of employment. The President/CEO is responsible for the execution and administration of policies, programs, and operations approved by the Board. She/he attends and may participate in discussions of all meetings of the Board of Directors and the Executive Committee at their pleasure, except when matters of her/his own employment are under consideration. She/he may attend and participate in all meetings of standing and special committees. The President/CEO acts as the agent of the Board of Directors in the employment and release of staffaccording to the policies and procedures established by the Board of Directors. As head of staff, the President/CEO is responsible for the supervision and direction of the staff and for the implementation of approved personnel policies. 13.3 Limitation of Function Any currently employed staffmember is not eligible for membership on the Board of Directors, or for election to any office, or for appointment to the voting membership of any committee provided for in these Bylaws. Bylaws Page 23 ARTICLE XIV WAIVER OF NOTICE 14.1 Waiver of Notice Whenever any notice is required to be given under the California Non-Profit Corporation Act or under the provisions of the Articles of Incorporation or the Bylaws of the corporation, a waiver thereof, in writing, signed by the person or persons entitled to such notice, whether before or after the time stated therein, shall be deemed equivalent to the giving of such notice. Byhws Page 24 ARTICLE XV AMENDEMENT TO BYLAWS OF CORPORATION 15.1 These Bylaws may be altered, amended or repealed and new Bylaws may be adopted by a majority of the Directors present at any regular meeting or at any called meeting of the Board of Directors, if at least five (5) days written notice is given of an intention to alter, amend, or repeal these Bylaws at such meeting. Bylaws CERTIFICATION OF SECRETARY I certify that I am the duly elected and acting Secretary of Outreach & Escort, Inc., a California nonprofit public benefit corporation, that the above Bylaws, consisting of 24 pages, are the Bylaws of this corporation as adopted by the Board of Directors on June 25, 2002, and that they have not been amended or modified since that date. Executed on Dated: SECRETARY ~OUTREACH Santa Clara County 750 Curtner Avenue San Jos~, CA 95125 408.266.8866 ph 408.266.9042 fax www.donatefood.org September 27, 2002 Rick Kitson Public Information Officer City Hall 10300 Torre Avenue Cupertino, CA 95014-3255 Dear Mr. Kitson: Enclosed, please find the City of Cupertino Human Services Funding Program Application for FY 2002-2003 from Second Harvest Food Bank of Santa Clara and San Mateo Counties. Should you have any questions or need additional information, please feel free to contact me via email at mereynolds@shfoodbank.com or phone at (408) 694-0025. Thank you for your continued support and generosity! Since[ely, irector of Devetopment Enclosure/Attachments ~- 7q CITY OF CUPER TINO HUMAN SERVICES FUNDING PROGRAM APPLICATION Naraeoforgaxfiz~ion Second Harvest Food Bank of Santa Clara and San Matzo Counties Address 750 Curtner Avenue San Jose, CA 95125 Contactpersorftitle Mari Ellen Reynolds, Director of Development Telephone number 408-694-0025 City funds requested $ 5,600. oo Using additional sheets of paper, please respond to the following: 1. How will city funds be used? (Please be specific as to how the Cupertino community is targeted.) 2. Please provide a detailed description ofhow city funds were used last year, and how the funding helped to meet your program goals or needs. (Provide current dam.) 3. Along with this application form, please submit a budget surmna~ of your organization. 4. Ifyou administer a private, non-profit agency, the following information is required: · A copy ofthe agency by-laws · A current list ofthe agency's board of directors · Aletter from the IRS stating the tax-exempt status of the agency · A copy ofthe agency inmmmce policy/certificate ofinsurance The applicant hereby proposes to provide the services in accordance with the Human Services policy of the city of Cupertino as stated in this proposal. If this proposal is approved and funde& it is agreed that relevant federal, state and local regulations and other assurances as required by the city of Cupertino will be adhered to. Furthermore, as duly authorized representative of the applicant organiza- tion, the applicant is fully capable of fulfilling its obligation under this proposal as stated herein. This application and the information contained herein are true and correct and complete to the best of my knowledge. Date A~y Exe~n'~-~ ~' ~K/ Santa Clara County 750 Curtner Avenue San Jos6, CA 95125 408.266.8866 ph 408.266.9042 fax San Mateo County 1051 Bing Street San Carlos, CA 94070 650.610.0800 ph 650.610.0808 fax www.2ndharvest.net www.donatafood.org City of Cupertino Human Services Funding Program Application Thank you for inviting Second Harvest Food Bank of Santa Clara and San Mateo Counties to participate in this year's City of Cupertino Human Services Funding Program. Enclosed please find the completed application and required attachments. Below are responses to the questions specified on the application. 1. How will the city funds be used? (Please be specific as to how the Cupertino community is targeted.) Operation Brown Bag is a self-help program that assists City of Cupertino residents who are either very low-income seniors 60 years or older or disabled individuals 55 to 59 years old. Through this program in the City of Cupertino, approximately 71 senior households, 112 senior individuals (an increase from last year) will receive a bag of groceries each week at the program's distribution location, benefit from nutrition ad consumer education, and receive a quarterly nutrition and education newsletter. In addition, several volunteers, most of whom are themselves program participants, assist in the program or at the San Jose Food Bank Distribution Center each week. They also participate in recognition events each year. City of Cupertino funds will be used for Operation Brown Bag, which provides a weekly allotment of food to an elderly person suffering from hunger. Second Harvest Food Bank staff selects the food items to be provided each week and work with volunteers to prepare and bag groceries as needed. These bags of groceries contain necessary staples of a healthy diet and include 12-15 items of fresh, frozen, and packaged foods such as: chickens, bread, tuna, rice, beans, eggs, lush fruits, and leafy vegetables. Some specific ethnic food items such as fish sauce, jasmine rice, and tortillas are often also included. Please provide a detailed description of how city funds were used last year, and how the funding helped to meet your program goals or needs. (Provide current data.) Funds from the City of Cupertino were used to support Operation Brown Bag for low- income seniors living in Cupertino. Each week 52 Cupertino residents visited the Union Church Brown Bag site and received a full bag of nutrient dense food. The Food Bank Nutritionist visited each Brown Bag site whenever possible to offer suggestions on meal Santa Clara County 750 Curiner Avenue San Jos6, CA 95125 408.266.8866 ph 408.266.9042 fax San Mateo County 1051 Bing Street San Carlos, CA 94070 650.610.0800 ph 650.610.0808 fax ww~v.2ndharvest.net www. donatefood.org preparation and food safety. Over 1,026 hours of volunteer time were donated at the Cupertino Brown Bag site last fiscal year 2001-2002 3. Along with this application form, please submit a budget summary of your organization. Please see attachment. 4. Attached is the requested information below: ,/ A copy of the agency By-Laws ,/ A current list of the agency's Board of Directors ,/ A Letter from the IRS stating the tax-exemption status of the agency-501(c)(3) ,/ A copy of the agency Insurance Policy/Certificate of Insurance SECOND HARVEST FOOD BANK OF SANTA CLARA AND SAN MATEO COUNTIES BROWN BAG PROGRAM BUDGET FY 200212003 Proposed Proposed Program City of Cupertino Current Year Funding Sources Funding Request REVENUES SOURCES 2001-02 2002-03 2002-03 REVENUES City of Cupertino 5,22(] 5,60(] 5,60(]~ Other City 94,717 98,66{~ County 202,897 169,132 State 46,84~ 46,84~ Federal 45,982 48,658 Fundraising 1,440,215 2,208,077 In-Kind Contributions Fee for Services 18,640 22,381 Other(specity) TOTAL 1,854,520 2,599,357 5,600 Proposed Current Year Proposed Program City of Cupertino Funding Sources Funding Sources Funding Request EXPENSES 2001-02 2002-03 2002-03 Salaries/Benefits/Tayroll Taxes 527,952 945,456 5,600 Insurance 16,387 16,173 Audit Rent 14,000 23,261 Utilities 57,138 46,329 Phone 11,781 13,256 Postage 2,556 9,720 Office Supplies 18,165 51,737 Travel 2,025 8,868 Staff Development/Training 726 5,711 Computer Hardware/Software 7,500 9,541 Equipment 43,934 57,769 Maintenance/Repair 18,569 19,218 Books/Pu blications 6,447 5,158 Printing/Publishing 4,163 16,012 Direct Subsidy Other (specif,/)-Food Purchase 1,069,395 1,172,226 Freight/Cold Storage 43,990 44,801 Depreciation 166,507 154,121 TOTAL 2,0tt,235 2,599,357 5,600 SECOHD HARVEST FOOD BANK OF SANTA CLARA AND SAN MATEO COUNT1ES BYLAWS ARTICLE I - HAME AND PRINCIPAL OFFICE Section 1. Nj..~.~.. The name of this corporation shall be Second Harvest Food Bank of Santa Clara and San Mstso Counties, hera~Rer retarrad to aa The Food Bank. Section 2. ~. The principal office of th]l corporation is fixed and located at County of Santa Clara, State of California. The Board of Directors Is granted full power and authority to change the principal office from one location to another. Any change shall be noted by the Secretary opposite this A~Jcle, but shall not be con~idered an amendment of thais Bylawl. ARTICLE II - PURPOSES Section 1. Primary Purooses. ~ The primary purposes of The Food Bank shall be: a. To develop and support nutritional services for the III, needy, and infants In Santa Clara and San Mateo Counties. b. To supplement the diets of Iow-lncome persons. c. To provide food businesses an alternative to dumping edible foods. Section 2. n a P r . The secondary purpose of The Food Bank shall be to educate and promote interest in and concern for those who ara hungry and malnourished. ARTICLE Itl - OPERATIONS To implement its objectives, The Food Bank shall: a. Comply with all Second Harvest standards of collecting, sorting, and distributing food. b. Solicit donations of food, cash, and other property, and distribute donated or purchased food to Iow-income persons using volunteer participation of recipients and other members of the community wherever possible. c. Provide training and assistance to qualified agencies and organizations so that they may provide improved and expanded nutrlt;onal services to clients. d. Involve Iow-income persons in nutrlt;onaliy oriented program activities. e. Inform people in need of food assistance about available food resources. f. Investigate, develop, and implement programs that will improve the nutritional well- being of Iow-lncome persons. g. Seek to coord{nate its activities and concerns with the larger community, of which it is a .. part, through cooperation with appropriate agencies, organizations, or individuals. ~R't'ICLE IV - D{RECTOR$ Section 1. Number and Term of Office. The Board of Directors shall consist of twenty-one (21) directors, each of whom shall hold office for two (2) year terms, with I maximum of three (3) consecutive terms. Section 1~ s. A one (1) to two (2) year extension of full membership on the Board will be granted to the current President, provldlng that: 1. The current President has completed three (3) consecutive terms on the Board, and; 2. The current President has sereed no more than two (2) years as President, snd; 3. The Board votes to elect the current President to sn additional term of office on the Board. b. The outgoing President may continue on the Board of Directors until there iea new Past President. c. Under these cases, the number of Directors may increase to twenty-three (23). Section 2. Santa Clara And San Mateo County Reoresentatives. The Board of Directors shall consist of s minimum of three (3) representatives from San Mateo County, with the remaining membership from Santa Clara County. Section 3. Low-Income Reoresentatlves. Board membership shall include no less than three (3) representatives of Iow-income persons, with at least one (1) of these positions held by a person from San Mateo County. Low*income representatives to the Board shall be persons from the target population, or shall represent iow-income persons or groups. Section 4. ~election. The Board shall establish criteria for the selection of Officers and Directors. The Nominating Committee shall prepare a list of nominations for the Officers and Directors to submit to the Board at its Annual Meeting and at such times when a vacancy on the Board occurs. Any member of the Board, staff, or communities of Santa Clara or San Mateo Counties shall be encouraged to submit names for consideration by the Nominating Committee. Section 5. I~. The annual election of Officers and Directors shall be held at the Annual Meeting. Any Director may make additional nominations from the floor st the Annual Meeting, provided consent to the nomination Is obtained from the nominee. Such names shall be added to the list submitted by the Nominating Committee and shall be placed on the ballot. In the case of more than one (1) nomination for an Office or Directorship, the vote shall be by secret ballot. Section 6. Vac;snclq$. Vacancies on the Board occurring during the year shall be filled by appointment from the Board for the unexpired term. Replacements should represent the same county as the resigning Board member. Section 7. Removal of (~fficer$ an~ Dirs~tor~. Any Director who fails to attend three (3) consecutive Board meetings, without reasonable cause, shall be removed from office by the Board of Directors, and any Officer or Director who otherwise falls to perform the duties of hl~/her office mW be removed from a~flce by the Bolrd of Directors. Any Director may be recalled by the members et a ipeclal meeting, celled for that purpose, upon the vote of two-thirds (2/3) of the memSera for lucJl removal. In addition, any Director who was an official delegate of in organization at the rims of hll/her slectJon, and who ceases to be an official delegate, shall thereupon cease to be a Director. Section 1. Officers. The Ofllcem of The Food Bank shall be a President, = Vice-President, a Secretary, · Tre~murer, and such other Officers as the Board of Directors elect. Section 2. Tgrm of Office. The term of office of sn officer Ihall be one (1) year, or until I lucce~lor Il elected. Tho term of the Presidency may be extended one (1) year. SLx (6) or more months shall be considered a term of office in determining eligibility for re-election. Section 3. I[~tles. The President shall: 1. Preside at all Board of Directors and Executive Committee meetings. 2. Serve as an ex-officio member of atl committees, except the Nominating Committee. 3. Appoint committee chairpersons, with the consent of the Board. 4. Sign any documents or instruments which the Board has authorized to be executed, except in cases when the signing and execution thereof shall be expressly delegated by the Board or by these Bylaws. 5. Exercise such other powers and perform such other duties as may be prescribed by the Board of Directors or these Bylaws. b. The Vice-President shall: 1. Perform the duties of the President in his/her absence. 2. Assume the Office of the President for the unexpired term in the event of a vacancy in that Office. 3. Perform such duties as assigned by the President or Board of Directors. c. The Secretary shall: 1. Be the custodian of all papers, records, and documents of The Food Bank. 2. Attend to necessary correspondence as may be assigned by the President or the Board of Directors. 3. Perform such other duties as may be assigned by the President or the Board of Directors. These duties may be delegated as Is appropriate. d. The Treasurer shalh 1. Be custodian of all funds belonging to The Food Bank. 2. Be responsible for presenting an annual budget to the Board of Directors. 3 3, Be responsible for the financial report ~t Board of Directors' meetings. 4. A~sure that The Food Bank has adequate Insurance protection for the Board, staff, volunteers, and operations. The Executive Director shall: 1. Serve as the manager of the corporation and have general supervision, direction, and control of the day-to-day business and ~ffelrs of the corporation, pursuant to the policies established by the Board of Directors. 2. Be responsible for the direct eupervlston, hiring, and termination of the employees and agents of the corporation. 3. Sign any documents or Instruments which the Board has authorized to be executed, except in caaea when the signing end execution thereof ahell be expre.sly delegated by the Board or by these Bylaws. 4. H~ve such other powers end perform auch other duties -- m~y be preacrtbed f~om time to time by the Board of DIrector~. -- -- -' ARTICLE 91 - HONORARY BOARD Section 1. Purpose. Membership on the Honorary Board will: e. Recognize significant past service to The Food Bank. b. Demonstrate a current commitment of good will rather than time. c. Be designed to give outstanding past Boa. rd members, volunteers, and community leaders an ongoing link with The Food Bank. Section 2. Selection. Honorary Board members will be selected annually by the Nominating Committee. They will be elected at the Annual Meeting, the terms will be Indefinite, and no more than five (5) Honorary Board members will be chosen in any single year. Honorary Board members can be removed by resignation or by two-thirds (2/3) vote of the Board. Section 3. Dutie~. Honorary Board members will have no assigned duties and will have no right to vote. They will be Invited to the Annual Meeting, the Campaign Kick-Off, and any other special functions of The Food Bank. They may be used ss resources for fund raising and public relations. Their names will be listed In the annual report. Section 1. a. ARTICLE ~ql - COMMI ~, =E$ Exe~:utiv~ (~orn mittee. Members of the Executive Committee - The Officers of The Food Bank, plus the Chairpersons of the standing committees, shall constitute the Executive Committee. Duties and Powers - Duties of the Executive Committee shall be: 1, To act for the Board in the interim period between meetings of [he Board on matters appropriate for subsequent Board ratification or not requiring full Board action. 4 2. To advise the Bo.rd on policy decisions. 3. To report all action taken to the Board for ratification at Its next regular meeting. Meetings - The Executive Committee shall meet on call of the Preatdent or at the request of · majority of the Executive Committee. Prior notice shell be given all members of the Committee to the extent feasible. d. Quorum - A majority of the members of the Executive Committee shall constitute a quorum for transaction of business. Section 2. Other Committees. The following shall be standing committees of The Food Bank: a. Personnel Committee b. Finance Committee c. Nomlnatlng Committee d. Fund Development Committee e. San Mateo Branch Committee Other commifleee may be established by the Board for the purpose of giving special attention to certain areas of the program. ARTICLE VIII - MEETINGS Section 1. Reoular Meetlnq~. There shall be st least seven (7) regular meetings during the fiscal year. Meetings of the Board shall be held at such times and at such places as the Board determines by resolution. Written not~ces shall be mailed to each member at least five (5) days prior to the meeting. Section 2. Soeciat Meefina$. Special meetings of the Board may be called by the President and must be called upon written request of five (5) members of the Board of Directors. Section 3. Annual Meetina. An Annual Meeting shall be held for the election of Officers and Directors. The date of the Annual Meeting shall be set by Board resolution. Section 4. Quorum. A majority of the Board shall constitute a quorum for the transaction of buslnes~ at a Board meeting. If s quorum Is not present at · meeting, the meeting may be adjourned from time to time without further notice upon the afflrmatlve vote of a majority of the member1 present at such meetings, or an informal meeting of those present may be held. Section 5. Manner of Actinq. The act of a majority of the members present at a meeting at which a quorum is present shall be the act of the Board, unless the act of a greater number I$ required by law or by these Bylaws. A~'nCLE rx - POWERS ANO OLmE~ Section 1. Powers, Subject to the limltatlons of the Articles of Incorporation and of the General Nonprofit Corporation Law of California on action to be authorized or approved by the members, all '5 corporate powers shall be exercised by or under the suthorlty of, end the buslneu affilr~ of the corporation shall be controlled by, the Board of Directors. Without prejudice to these {~e~Sf~ll DOWOrl, bu~ oubJac~ to the lame IlmltaUone, I~ Is expressly declared that the Directors shall have the following powers: e. To elect end remove all Officers and Directors, prescribe their duties, and require from them sscurlb/for faithful performance of service, If deemed necessary. b. To appoint and remove the Executive Director end fix the level of compensation for service to The Food Bank. To adopt, make, end use a corporate seal, and to sitar the form of the ~eal from time to time u, In their Judgment, they deem best, provided the seal Ihsll at sll times comply with the provision of the law. d. To manage, in the manner they deem beat, ell funds end property, real and personal, received, acquired, or earned by the corporation, and to distribute or dispense them. e. To make end publish policies, not Inconsistent with these Bylaw'l, to govern the operation Ind use of the corporation's facilities. -- -- ** f. The Board shall adopt an annual budget each year end shall revise the budget required by changing circumstances. g. To be responsible for an annual audit. Section 2. Fiscal Ygar. The fiscal year shall be July I through June 30. AJRTICLE X - INDEMNIFI~:ATION The Food Bank shall indemnify all trustees, officers, and staff from all claims arising from actions taken by them in the lawful course and scope of their duties with The Food Bank. ARTICLE X] - CONFUC'T' OF IN'I'ERE~;'I' Ail Directors, officers, and staff shall annually provide written disclosure of any conflicts with the interest of The Food Bank, both potential and actual. The Board of Directors shall malntain written policies for the resolution of such conflicts consistent with the requirements of funding sources of The Food Bank. ARTICLE Xll - BYLAW AMENDMEN"r~ These Bylaws may be amended by a two-thirds (2/3) vote of the Board of Directors present at any duly called and noticed Board of Directors meeting at which a quorum is present, provided that a copy of the proposed amendments shall have been mailed to the official delegate of each active member organization at least one (1) month before the meeting. Proposed amendments must be submitted In writing to the Board o~ Directors. Approved by the Board-'of Directors on Ma 4, 1992. E. Ja~kaon Going, dr. ' President, Board of Directors ] 6 Santa Clara County 750 Curtner Avenue San Jos6, CA 95~25 408.266.8866 ph 408.266.9042 fax San Mateo County 1051 Bing Street San Car[os, CA 94070 650.610.0800 ph 650.610.0808 fax www. 2ndharvest.net www. donatefood.org Board of Directors As of September, 2002 Lou Alexander Chata Alfaro Barbara Avery Megan Bui Carl Cilker Keith Flagler Kevin E. Ford Jeffery Lettes Deborah Nelson Catherine B. Nessier Sandra Ocampo Frank Pagliaro, Jr. Joe Pert Michael C. Rebholtz Katy Rhoades S. Andrew Starbird Michael Yutrzenka Internal Revenue Service Department of the Treasury Date: January 7, 2002 Second Harvest Food Bank of Santa Clara and San Mateo Counties 750 Curtner Ave San Jose, CA 95125 P. O. Box 2508 Cincinnati, OH 45201 Person to Contact: Steve Brown 31-07422 Customer Service Representative Toll Free Telephone Number: 8:00 a.m. to 6:30 p.m, EST 877-829-5500 Fax Number: 513-263-3756 Federal Identification Number: 94-2614101 Dear Sir or Madam: This letter is in response to your request for a copy of your organization's determination letter. This letter will take the place of the copy you requested. Our records indicate that a determination letter issued in December 1979 granted your organization exemption from federal income tax under section 501(c)(3) of the Internal Revenue Code. That letter is still in effect. Based on information subsequently submitted, we classified your organization as one that is not a pdvate foundation within the meaning of section 509(a) of the Code because it is an organization described in sections 509(a)(1) and 170(b)(1)(A)(vi). This classification was based on the assumption that your organization's operations would continue as stated in the application. If your organization's sources of support, or its character, method of operations, or purposes have changed, please let us know so we can consider the effect of the change on the exempt status and foundation status of your organization. Your organization is required to file Form 990, Return of Organization Exempt from Income Tax, only if its gross receipts each year are normally more than $25,000. If a return is required, it must be filed by the 15th day of the fifth month after the end of the organization's annual accounting period. The law imposes a penalty of $20 a day, up to a maximum of $10,000, when a return is filed late, unless there is reasonable cause for the delay. All exempt organizations (unless specifically excluded) are liable for taxes under the Federal Insurance Contributions Act (social security taxes) on remuneration of $100 or more paid to each employee dudng a calendar year. Your organization is not liable for the tax imposed under the Federal Unemployment Tax Act (FUTA). Organizations that are not private foundations are not subject to the excise taxes under Chapter 42 of the Code. However, these organizations are not automatically exempt from other federal excise taxes. Donors may deduct contributions to your organization as provided in section 170 of the Code. Bequests, legacies, devises, transfers, or gifts to your organization or for its use are deductible for federal estate and gift tax purposes if they meet the applicable provisions of sections 2055, 2106, and 2522 of the Code. -2- Second Harvest Food Bank of Santa Clara and San Mateo Counties 94-2614101 Your organization is not required to file federal income tax returns unless it is subject to the tax on unrelated business income under section 511 of the Code. If your organization is subject to this tax, it must file an income tax return on the Form 990-T, Exempt Organization Business Income Tax Return. In this letter, we are not determining whether any of your organization's present or proposed activities are unrelated trade or business as defined in section 513 of the Code. The law requires you to make your organization's annual return available for public inspection without charge for three years after the due date of the return. If your organization had a copy of its application for recognition of exemption on July 15, 1987, it is also required to make available for public inspection a copy of the exemption application, any supporting documents and the exemption letter to any individual who requests such documents in person or in writing. You can charge only a reasonable fee for reproduction and actual postage costs for the copied materials. The law does not require you to provide copies of public inspection documents that are widely available, such as by posting them on the Internet (Wodd Wide Web). You may be liable for a penalty of $20 a day for each day you do not make these documents available for public inspection (up to a maximum of $10,000 in the case of an annual return). Because this letter could help resolve any questions about your organization's exempt status and foundation status, you should keep it with the organization's permanent records. If you have any questions, please call us at the telephone number shown in the heading of this letter. This letter affirms your organization's exempt status. Sincerely, John E. Ricketts, Director, TE/GE Customer Account Services ACORD,. CERTIFICATE OF LIABILITY INSURANCE PRODUCER (650)341-4484 FAX (650)341-4465 Business Professional [ns. Assoc. Inc. 9 South B Street ~dn MateD, CA 94402 INSURED Second Harvest Food Bank of Santa Clara and San MateD Counties 750 Curtner Avenue San 3DSC, CA 95125 DATE (MMIDD/YY) 01/30/2002 THIS ~/iFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE ~NSURERA: Federal Tnsurance Company/Chubb INSURER B: Federal Tnsurance ~NSURERC Safety National Tnsurance/Sinclair Dwyer INSURER D INSURER E: ~THEPOL~OiEs~v.r~ OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POUC¥ PERIOD INDICATED NOTVVITHSTAN DING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THiS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS~ EXCLUSIONS AND CONDITIONS OF SUCH POLICIES AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS POLICY EFFECTIVE POLICY EXPIRATION INSR LIMITS LTR ~PE OF INSURANCE POLICY NUMBER DATE IMMIDD/YYI DATE IMMIDD/YY) GENERAL UABIL]TY ~533-71-83 12/01/2001 12/01/2002 EACH OCCURRENCE $ 1,OOO,O0~ ~" COMMERCIAL GENERAL LiABiLiTy FiRE DAMAGE (Any °ne fire) I CLAIMSMADE r~ occur MEDEXP(Anyoneperson) S 10,00( A PERSONAL & ADV tN JURY 1,000,00( -- GENERAL AGGREGATE 2,000,00( OEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMPIOP AGO $ ThC1 ude[ ^UTOMOB~LEUAB~Lm~ ~3~2-g~-4~ 12/O1/2001 12/01/2002 CO~BiNEDS*NGCEUU~T {Ea a~cldent ) 1, O00, OOO ALL OWNED AUTOS SODILY INJURY $ (Per person} SCHEDULED AUTOS B X HIRED AUTOS BODILY INJURY $ PROPERTY DAMAGE $ -- Per accident} EXCESS LIABILITY '972-51-15 12/01/2001 12/01/2002 ~CH OCCURRENCE $ 3,000,00~ ~ OCCUR I~] CLAIMS MACE AGGREGATE $ ~, 000, OOC A $ WORNERS COMPENSAT'ON AND >R8716-2 01/01/2002 O1/01/2003 X I TORY LIMITSI IOET~' EMPLOYERS' LIABILITY EL EACH ACCIDENT $ 1,000 ~ 00( C EL D[SEASE-EAEMPLOYE~ $ 1,000,00( EL DISEASE - POLICY LIMIT $11000,00( p,THER hred Physical Damage 7322-92-49 12/01/2001 12/01/2002 $50,000 Limit $500 Comp. Ced. B $500 Collision Ded, :ertiflcate holder, City of Cupertino, ~s named additional ~nsured in regards to leaning of Orange Orchard. (CG 2010 1185 attached) Fen [10] day notice of cancellation for non-payment of premium shall apply CERTIFICATE HOLDER I I ADDITIONAL INSURED; INSURER LETTER: __ City of Cupertino Attn: Carmen Lynanya 10~00 Torte Avenue Cupertino, CA 95014 ACORD 25-S (7197) CANCELLATION SHOULD ANY OF THE ABOVE DES~e=u POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO T~E LEFT~ BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATiON OR LtABIUTY OF ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATIVE ~/~t,~ ~ Vi r~inia Fontana/SANDEE ©ACORD CORPORATION 1981I ACORD. CERTIFICATE OF LIABILITY INSURANCE PRODUCER (650)341-4484 FAX (650)341-4465 Business Professional Ins. Assoc. Inc. 9 South B Street ~dn MateD, CA 94402 INSURED Second Harvest Food Bank of Santa Clara and San MateD Counties 750 Curtner Avenue San 3ose, CA 95125 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE [NSURERA Federal Insurance Company/Chubb INSURER B Federal Tnsurance ~NSURERC: Safety National Insurance/Sinclair ~yer INSURER D: INSURER E; COVERAGES THE POLICIES OF iNSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOT~N)THSTAN DING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES, AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS POLICY EFFECTIVE POLICY EXPIRATION INSR LIMITS LTR TYPE OF INSURANCE POLICY NUMBER DATE IMMIDDfYYI DATE (MMIDD/YY1 GENERAL LIABILITY 3533-71-83 12/01/2001 12/01/2002 EACH OCCURRENCE $ 1,000,00~ X COMMERCIAL GENERAL LIABILITY FIRE DAMAGE (Any one fire) $ I CLAIMS MADE 1~ OCCUR MED EXP (Any OT~e person) $ 10,000 A PERSONAL & ADV INJURY $ 1,000,000 -- GENERAL AGGREGATE $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER PRODUCTS - COMPIOP AGG $ Tnc] udel~ y PRO- IPOLIC ~JECT ['~ LOC AUTOMOBILE LIABlUTY 7322-92-49 12/O1/2001 12/01/2002 COMBINED SINGLE LIMIT $ Ea accident) 1, OOO, DOC '~-- ANY AUTO ALL OWNED AUTOS BODILY INJURY $ -- (Per person) SCHEDULED AUTOS B '~- HIRED AUTOS BODILY INJURY $ (Per accident) ~- NON-OWNED AUTOS PROPERTY DAMAGE $ -- (Per accident) GARAGE LIABILITY AUTO ONLY - EA ACCIDENT q ANY AUTO OTHER THAN EA ACC AUTO ONLY: AGG XCESS UABILITY ;'972-51-15 12/01/2001 12/01/2002 EACH OCCURRENCE $ 3 , 000,00~ -~ OCCUR [] CLAIMS MADE AGGREGATE $ 3,000,00( A $ DEDUCTIBLE $ RETENTION $ $ WORKERSCOMPENSATIONnND ;)R8716-2 01/01/2002 01/01/200~ X ToRyWCS~A~U'~MTS lUE~ EMPLOYERS' LIABILITY E L EACH ACCIDENT $ 1,000,000 C E L DISEASE * EA EMPLOYEE $ 1,000,000 E L DISEASE- POLICY L)MIT $ 1,000,000 OTHER Ured Physical Damage 7322-92-49 12/01/2OO1 12/01/2002 $50,000 Limit $500 Comp. Ded. B $500 Collision Ded. )ESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS ertificate Holder is named Additional Tnsured for liability and auto only. Ten day notice for' non )ayment of premium shall apply. ;ERTIFICATE HOLDER J I ADDITIONAL INSURED; INSURER LETTER: -- City of Cupertino Attn: Conna Krey 10300 Torte Avenue Cupertino, CA 95014 ACORD 25-S (7~97) CANCELLATION SHOULD ANY OF THE ABOVE DESCRIDEO POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ~X~Y~ MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, AUTHOR~ED REPRESENTATIVE Virginia Fontana/SANDEE ©ACORD CORPORATION lg&,; CUPEPxTINO HUMAN SERVICES FUNDING PROGRAM APPLICATION Nameoforganization The Support Network for Battered Women Address 444 castro Street, suite 305 Mountain View, CA 94041 Contactperson/title Michelle Harper/Development Coordinator Telephone number (650) 940-7891 City funds requested $ 6,625.50 Using additional sheets of paper, please respond to the following: 1. How will city funds be used? (Please be specific as to how the Cupertino community is targeted.) 2. Please provide a detailed description of how city funds were used last year, and how the funding helped to meet your program goals or needs. (Provide current data.) 3. Along with this application form, please submit a budget summary ofyour organization. 4. If you administer apfivate, non-profit agency, the following information is required: · A copy ofthe agency by-laws · A current list ofthe agency's board ofdirectors · Aletter from the IRS stating the tax-exempt status of the agency · A copy ofthe agency insurance policy/certificate of insurance The applicant hereby proposes to provide the services in accordance with the Human Services policy of the city of Cupertino as stated in this proposal. If this proposal is approved and funded, it is agreed that relevant federal, state and local regulations and other assurances as required by the city of Cupertino will be adhered to. Furthermore, as duly authorized representative of the applicant organiza- tion, the applicant is fully capable offulfilling its obligation under this proposal as stated herein. This application and the information contained herein are true and correct and complete to the best of my knowledge. Agency Executive Director A. Narrative B. Current Data C. Budget Summary D. By-Laws E. Board Roster F. IRS Tax-Exempt Letter G. Budget Justification H. Program Budget I. Proof of Insurance Attachments: ~tyof Cupertino, FY 2002-2003, Human Services Funding Program Application Page 5 CITY OF CUPERTINO FY 02-03 PROPOSAL SUPPORT NETWORK FOR BATTERED WOMEN ATTACHMENT A How will city funds be used? Gty funds will be used to provide comprehensive services to victims of domestic violence who reside in Cupertino. The Support Network for Battered Women provides a wide range of comprehensive services, including a 24-hour toll-free, bilingual crisis line, support groups and individual counseling for women and children, and prevention/education programs to the community at large. Staff and volunteers conduct outreach in Santa Clara County to survivors of domestic violence. In addition, Spanish-speaking and lesbian/bisemml communities are targeted to increase our accessibility to these under-served groups. In fiscal year 2001/2002, the Support Network answered 4,721 crisis calls, shekered 104 women and 115 children for a total of 4,687 bed-nights, assisted more than 346 clients with legal needs, provided counseling to over 1033 battered women and children, and conducted community education workshops attended bynearly 11,000 adults and teens. Our trained volunteers contributed more than 14,500 hours of community service. Recently, the Support Network completed a thorough strategic planning process, built from a multicultural approach. The benefits of this work have been dramatic, and the effects can already be seen at the agency. Most notably, the planning process produced a revised version of the agency's mission statement and three key decisions. All four of these statements will guide the direction of the agency for the next three years. Mission Statement: The mission of the Support Network for Battered Women is to empower battered women, their children, and their families to llve their lives free of violence byintegrating a multicultural perspective to effectively serve our diverse communities. · Key Decision One: The Support Network for Battered Women will bring a multicultural perspective to its comprehemive services by increasing and emphasizing cultural competency. Specifically, the agency will increase services to the Latino community. · Key Decision Two: The Support Network for Battered women will offer services to the whole family. · Key Decision Three: Services to children will be a priority. The following programs continue to be available to Cupertino residents: Crisis Intervention Program Anyone who has experienced a physical or emotional assault can call the Support Network's crisis line. Bilingual peer counselors offer information, refen~al and advocacy with social sen-ice agencies and police departments. Arrangements for immediate emergency sheker for women and children can be made through our residential sheker or a network of local motels. Through a new initiative, we have partnered with several Santa Clara County motels that have donated one or two nights per month to women and children in crisis when our sheker is full. Emergency food, clothing and transportation are also provided. Drop-in individual counseling and support groups are available during regular business and evening hours. C/ty of Cupertino, FY 2002-2003, Human Services Funding Program Application Page 1 g -q '7 The overall objective of the crisis intervemion component is to provide emergency shelter and support services to women in crisis and to empower them to rebuild their lives free of violence. The Support Network encourages women to make independem decisiom regarding their lives and the lives of their children. Legal Services Program To emure their safety, many women utilize the Support Network's Legal Program to assist them in seeking legal protection. The Legal Services Program provides preparation of TemporaryRestraining Orders CFR(Ds), court accompaniment and advocacy, and referrals to pro-bono and low-cost attomeys. The Support Network works closely with local police departments, the County Sheriff, and the District Attorney's Office by providing training, information, and referrals. The primary objective of the Legal Services Program is to ensure that domestic violence victims get maximum support from the civil and criminal justice systems in obtaining safety and restitution. Shelter Services Program The Support Network's shelter provides a safe place for battered women and their children for an average of 4-6 weeks. Women in residence are given individual and group counseling, assistance in finding permanent housing, and advocacy with social service agencies. At the sheker, we encourage a self-sufficiem lifestyle and provide support for women to remain employed or in school if at all possible. Life skills' workshops are offered in the areas of financial planning, pre-employment training, communication, and parenting. The overall objective of the Sheker Services Program is to provide both short-term 0-5 nights) and medium-term (4-6 weeks) sheker. The sheker facility has an 18-bed capacity for women and their children. ClfildWatch is provided through a partnership with Public Allies Silicon Valley, who provides our shelter with a child advocate from Americorps. This child advocate is available during our support groups at the emergency shelter or in the office to care for our youngest clients, the children, while their mothers work to heal from the trauma of domestic abuse. Clinical Counseling Program Clinical counseling continues the empowerment process to women who have experienced domestic violence. The Support Network offers individual and group counseling by licensed psychotherapists and registered clinical interns working under the supervision of local licensed therapists. The objective of the Clitoral Program is to help women and children address the long-term effects of abuse and violence, such as post-traumatic stress, anger, and depression. Clinical groups and individual counseling sessions are available each week. Children's Program According to statistics, children bear witness to over 90% of domestic abuse incidents. Without intervention, children who grow up experiencing domestic violence are more likely to become perpetrators or victims as adults. Children residing at the sheker receive individual and group counseling, planned and recreational activities, and advocacy to ensure that schooling is unintermpted. Gty of Cupertino, FY 2002-2003, Human Services Funding Program Application Page 2 The Support Network offers both individual and group therapyto help children process all they have endured. By allowing children to acknowledge their violent experiences in a safe, nurmring environment, often through play or art, a healing process begins that can break the cycle of abuse. Community Education Program The Community Education Program focuses on prevention through education by providing the public with information about domestic violence issues. Our community education staff and volunteers reached thousands of Bay Area residents last year through presentations, printed materials, and public service announcements. The program targets specific populations that are in positions to assist victims of domestic violence, such as health professionals, teachers, community service orgarfizations, human resource departments of corporations, and faith communityleaders. The Support Network recently added a new componem to the commurdty education program: the Teen Dating Violence Project. We began this in response to the alarming statistic that 1 in 3 teenage girls reports having been abused by a boyfriend or date. Presentations at local area }figh schools discuss the warning signs of abusive relationships while teaching students how to foster healthy relationships. Students are recruited to lead workshops and act as peer educators on dating violence. This is an invaluable project that has far reaching impact toward our vision of ending domestic violence in our communities. City of Cupertino, FY 2002-2003, Human Services Funding Program Application Page 3 $-qq CITY OF CUPERTINO FY 02-03 PROPOSAL SUPPORT NETWORK FOR BATTERED WOMEN ATTACHMENT B Please provide a detailed description of how city funds were used last year and how the funding helped to meet your program's need. (Provide current data.) City funds were used to provide comprehensive services to the Cupertino community. Services included bilingual counseling and crisis intervention services, emergency sheker, legal services, children's programs, and community education. SERVICES PROVIDED TO CUPERTINO ACTUAL NUMBER IN RESIDENTS 2000/2001 Total number of unduplicated clients 13 Number of legal clients 5 Number of shelter clients (includes children) 2 Number of Counseling Clients 6 Total number of units of service* provided 204 Number of crisis calls 66 Number of residents educated 69 Number of workshops 4 By continuing your partnership with Support Network for Battered Women, the Oty of Cupertino joins other Santa Clara County communities in sending a clear message that domestic violence is unacceptable. Please join us as we strive toward our vision of ending domestic violence in our communities and of one day closing our doors because women and children no longer live in fear of those theylove. * A Unit of Service is a discrete activity such as a legal advice appointment, sheker bed night, counseling session, workshop etc. City of Cupertino, FY 2002-2003, Human Services Funding Program Application Page Attachment C Support Network for Battered Women Annual Agency Budget Fiscal Year:. July 2002 to June 2003 Projected Agency Income Individual Contributions Corporations & Foundations United Way State Grants Cky Grants Program Fees Miscellaneous Income Total Projected Income $ 633,000.00 350,000.00 120,373.00 434,186.00 225,249.00 134,065.00 66,000.00 6000.00 $ 1.968.873.00 Pmjected Agency Expenses Salaries, Taxes & Benefits Professional Fees Supplies Telephone Postage & Shipping Occupancy Equipment Rental/Maintenance Printing & Publications Travel Conferences & Meetings Special Assistance - Clients Awards & Appreciations Insurance Expenses Miscellaneous Expenses $ 1,259,205.00 92,715.00 36,500.00 40,098.00 13,843.00 292,946.00 38,755.00 70,671.00 13,300.00 38,330.00 26,825.00 9,020.00 26,415.00 23.250.00 Total Projected Expenses $ 1.968.873.00 F-tOl Attachment D BY-LAWS ARTICLE I NAME Section 1.1. Name. The name of this corporation is MID-PENINSULA SUPPORT NETWORK. It is a nonprofit, charitable, nonstock corporation organized and existing under the laws of the State of California for the purposes set forth in its Articles of Incorporation. ARTICLE II OFFICES Section 2. Principal Office. Thc principal office for'the transaction of business of the~corporation is in Santa Clara County or such other place as the Board of Directors ("Board" herein) may from time to time select. ARTICLE III MEMBERSHIP Section 3.1. Determination of Members. The corpora%ion shall make no provisions for members, however, pursuant to Section 5310(b) of the Nonprofit Public Benefit Corporation Law of the State of California, any action which would otherwise, under law or the provisions of the Articles of Incorporation or Bylaws of this corporation, require approval by a majority of all members or approval by the members, shall only require the approval of the Board of Directors. Section 3.2. Votin~ and Other Rights. Each member of the Board of Directors of this corporation shall be entitled to one (1) vote. ARTICLE IV BOARD OF DIRECTORS Section 4.1. Number and Qualifications of Directors. The authorized number of Directors of this corporation shall be eighteen (18) until changed by amendment of the Articles of Incorporation or by a bylaw duly adopted by the members amending this Section, except that the numbers of Directors may not be changed so as to ex'etd eighteen (18) Directors; and if it is proposed to reduce the authorized number of Directors, the vote or written consent of members Page 2 of 10 holding eighty percent (80%) of the voting power shall be necessary for such reduc=ion. Qualifications of Directors may be from time to time determined by the Board. Section 4.2. Election and Term of Office. Each Director shall hold office for two years, with an option for two additional two year terms (six (6) year maximum), until the conclusion of the next annual meeting of the members. Vacancies in the Board occasioned by resignations or death shall be filled by nominations from the Recruitment committee. This election will require a 2/3 vote by the filled seats. Such person or persons so elected by said Directors shall hold office through the conclusion of the next annual meeting of the members of the corporation. Section 4.3. Removal or Resignation of Directors. 'A majority of the Board of Directors of the corporation, at any regular or special meeting duly called and held for the purpose, may remove any Director for cause, and shall fill any vacancy thereby created. If a Director misses three (3) consecutive meetings of the Board or four (4) during the year, that will be cause for removal. This does not pertain to Directors that have taken an approved leave of absence from the Board or illness. Section 4.4. Exercise of Corporate Powers. Except as otherwise provided by these Bylaws, by the Articles of Incorporation, or by the laws of the State of California now or hereafter in force, all corporate powers of this corporation shall be vested in and exercised by or under the authority of the Board. Without prejudice to these general powers, but subject to the same limitations, it is hereby expressly declared that the Directors shall have the following powers: (a) To select and remove all the officers, directors, agents, prescribe their duties and require from them security for faithful performance of service if deemed necessary. (b) To select, employ, evaluate, and remove the Executive Director. (c) To establish the policies by which the agency conducts its affairs and ensures that the policies are implemented. The policies shall not be inconsistant with the law, or with the Articles of Incorporatation, or the Bylaws of the Agency. Pmge 3 of 10 (d) To change %he principal office for %he transaction of %he business of the corpora%ion; to fix and locate from time to time, one or more subsidiary offices of the corporation within the State of California for holding any meetings'of the Board; to make, adopt, and use a corporate seal, and to prescribe the form therefore. (e) The Board shall adopt an annual budget each year and shall revise the budget as required by changing circumstances. (f) To borrow money and incur indebtedness for the purposes of the corporation and to cause to be executed and delivered therefore, in the corporate name, promissory notes, bonds, debentures, deeds of trust, mortgages, pledges, hypothecatiOns, or other evidences of indebtedness and security therefore. '~ (g) To establish such committees as it shall deem necessary or advisable, upon such terms and conditions as they may fix. Section 4.5. Compensation. Board members shall not receive any salaries or fees for their services as Directors. By resolution of the Board, Directors may be reimbursed for their out-of-pocket expenses incurred in the transaction of corporate business. Directors may not be compensated for rendering services to this corporation in any capacity other than Director unless such other compensation is reasonable and is allowable under the provisions of Section 4.6. of this Article. Section 4.6. Restriction Re~ardin~ ~nterested Directors. Notwithstanding any other provision of these Bylaws, not more than forty-nine percent (49%) of the persons serving on the Board may be interested persons. For purposes of this Section, "interested persons" means either: (a) any person currently being compensated by the corporation for services rendered it within the previous twelve (12) months, whether as a full- or part-time officer or other employee, independent contractor, or otherwise, excluding any reasonable compensation paid to a Director as a Director; or (b) any brother, sister, ancestor, descendant, spouse, brother-in-law, sister-in-law, daughter-in-law, mother-in- law, or father-in-law, or spousal equivalent of any such person. Page 4 of 10 Section 4.7. Indemnification. Each Director and officer, whether or not then in office, shall be indemnified by the corporation against all liabilities, costs, and expenses reasonably incurred by or imposed upon him or her in connection with or arising out of any action, suit, or proceedings in which she or he may be involved or to which she or he may be made a party by reason of his or her being or having been a Director or officer of the corporation. The corporation shall not, however, indemnify such Director or officer with respect to matters as to which he or she shall be finally adjudged in any action, suit, or proceedings, to have been grossly negligent in the performance of his or her duty as such Director or officer. The foregoing right to indemnification shall not be exclusive of any other right to which any Director or officer may be entitle~ as a matter of law. ARTICLE V MEETINGS OF THE BOARD Section 5.1. Place of Meetings of the Board. Regular and special meetings of the Board shall be held at any place within the State of California which has been designated from time to time by resolution of the Board or by written consent of all members of the Board. In the absence of such designation, regular and special meetings shall be held at the principal office of the corporation. Section 5.2. Regular Meetings. Regular meetings shall be held at such times as are designated from time to time by resolution of the Board or by written consent of all members of the Board. Section 5.3. Special Meetings. Special meetings of the Directors for any purpose may be called at any time by the Chairperson or by e majority of the Directors. Notice of any special meeting shall be given in writing to all Directors, and shall specify the place, the date, and the hour of the meeting. Such notice shall be given either personally or by mail or by other means of written communication, charge prepaid, addressed to the Directors as their addresses appear in the records of the coporation no later than five (5) days prior to the date of such special meeting. Section 5.4. Executive Session. The Executive Committee shall consist of the officers of the corporation--Chair, Vice Chair/s, Secretary, and Treasurer. The Executive Director shall serve within an advisory capacity. Page 5 of 10 (a) The Executive Committe shall have authority to act for the Board between meetings of the Board of Directors on matters appropriate for subsequent Board ratification, or matters not requiring full Board action. Section 5.5. Waiver and Notice of Consent. The transactions of any meeting of the Board, however called and noticed and wherever held, shall be valid as though held st a meeting duly held, after regular call and notice, if a quorum be present, and if, either before or after the meeting, each of the Directors not present signs a written waiver of notice or consent to the holding of such meeting or an approval of the minutes thereof. Such waivers, consents, or approvals shall be filed in the corporate records or made a part of the minutes of the~meeting. Section 5.6. Written Consent'to Corporate Action. Any action required or permitted to be taken by the Board under the General Non-Profit Corporation Law of the State of California may be taken without a meeting, if a quorum is met and the required percentage of Directors consent in writing individually or collectively, to such action. Such writ~ten consent or consents shall be filed with the minutes of the proceeding of the Board. Section 5.7. Emergency ~ction. If emergency action must be taken by the Board, members may give written proxies to other members of the Board for a vote at a specially convened meeting. In the alternative, a quorum of the Board may be polled by telephone end a motion carried when the required percentage of Directors consent to the action. Emergency action is defined as, that which needs to be taken between meetings and cannot be deferred until a regularly-scheduled meeting. Decisions reached by such emergency procedures are effective immediately. Section 5.8. Quorum. A majority of the authorized number of Directors shall be necessary to constitute a quorum for the transaction of business. Every act or decision done or made by a majority of the Directors present at a meeting, and not less than 4 of the authorized number of Directors, duly held at which a quorum is present shall be regarded as an act of the Board, unless a greater number is required by law or by the Articles of Incorporation or by the Bylaws. Section 5.9. Conduct of the Meetings. Meetings of %he Board of Directora shall be presided over by the Chair of the Board, or, if no such person has been so designated or, in his or her absence, the Vice Chair of the Board or, in the absence of both these persons, by a Chair chosen by the majority of the Directors present at the meeting. The Secretary of the corporation shall act as Secretary of all meetings of the Board, provided that in his or her absence, the presiding officer shall appoint another to act as Secretary. Meetings shall be governed by Robert's Rules of Order, as such rules may be revised from time to time, insofar as such rules are not inconsistent with or in conflict with these Bylaws, with the Articles of Incorporation of the corporation, or with the provisions of California law. ? ARTICLE VI OFFICERS Section 6.1. Number and Titles. The officers of the corporation shall consist of a Chairperson, one or more Vice Chairs, a Secretary, and a Treasurer, and such officers as the Board may from time to time establish. One person may hold up to two (2) or more offices, except those of the Chairperson and Secretary. Section 6.2. Chairperson. The Chairperson shall be the chief executive officer of the corporation; shall have general supervision, direction and control of the affairs of the corporation subject to the approval of the Board; and shall sign on behalf of the corporation all deeds, conveyances, mortgages, leases, obligations, bonds, and other papers and instruments in writing which have been authorized by the Board. Section 6.3. Vice Chairpersons. The Vice Chairperson/s, in the order designated by the Board shall exercise the functions of the Chairperson during the absence or disability of the Chairperson. Each Vice Chairperson shall have such powers and discharge such duties as may be assigned to him or her from time to time by the Chairperson or the Board. Section 6.4. Secretary. The Secretary shall issue notices for and keep minutes of all meetings, shall have charge of the corporate seal and the corporate books and shall make such reports and perform such other duties as are incident to his or her office or required of him or her by the Chairperson or the Board. ?a e ? of 10 Section 6.5. Treasurer. The Treasurer shall control, audit, and arrange the financial affairs of the corporation and make such reports and perform such other duties as are incident to such office or required of him or her by the Chairperson of the Board. Section 6.6. Election o__fOfficers and Terms o__fpffice. A special meeting will be held by the Board to nominate officers. At the annual meeting, the Directors will vote on the nominations. A majority of the filled seats of the Board must approve the slate. The term of office for an officer of the Board shall not exceed two years in any one office. Section 6.7. Removal o_~.r Resignation. Any officer may be removed, with cause, by a majority of the Directors, at any time during the term of office, at any regular or special meeting of the Board. Any officer may resign at any time by giving written notice to the Board or to the Chairperson, or to the Secretary of the corporation. Section 6.8. Vacancies. A vacancy in any office because of death, resignation, removal, disqualification, or any other cause shall be filled in the manner prescribed by the Bylaws for the regular appointment to such office. The term of office shall last until the next annual meeting. ARTICLE VII EXECUTIVE DIRECTOR Section 7.1. Duties. The Executive Director shall serve as the manager of the corporation, and shall have general supervision, direction, and control of the day-to-day business and affairs of the corporation, subject to the guidelines of the Board of Directors. The Executive Director is the liason person between the Board and the Staff and other agencies. The Executive Director shall be responsible for the direct supervision, hiring, and termination of the employees and agents of the corporation. The Executive Director shall have such other powers and perform such other duties as may be prescribed from time to time by the Board of Directors. Page 8 of 10 ARTICLE VIII COMMITFEES Section 8.1. Standing Committees of the Board. Each Board member shall sit on one or more Board committees. The standing committees are: (i) Finance (ii) Fund Developmen~ (iii) Public Relations (iv) Personnel (v) Recruitment (a) The Board of Directors may create such other standing committees as may be ~eemed necessary. (b)' The Chair of each committee shall be a Board member. These additional committees shall act in an advisory capacity to the Board and shall be titled "ad-hoc" committee. (c) The committees of the Board shall meet on e regular basis as their work load dictates. Committees may have staff and others not currently on the Board as members. Staff will serve in an advisory capacity and will assist in the implementation of tasks. The Executive Director shall approve all staff appointments to the Committee. (d) The Chair of the committee shall report to the Board at regularly-scheduled Board meetings, and shall prepare written monthly and annual committee reports. ARTICLE IX MISCELLANEOUS PROVISIONS Section 9.1. Inspection of Records by Directors. The books of account shall at all reasonable times be open to inspection by any Director. Every Director shall have the right at any reasonable time to inspect all books, records, documents, of every kind, and the physical properties of the corporation for a purpose reasonably related to his or her interests as a Director. Such inspection may be made in person or by agent or attorney, and the right of inspection shall include the right to make extracts. Pa~e 9 of 10 Section 9.2. Execution of Instruments. All checks, drafts, demands for money, notes of the corporation, and all written contracts of the corporation, shall be signed by such officer or officers, agent or agents, as the Board may from time to time by resolution designate. No officer, agent, or employee of the corporation shall have the power to bind the corporation by contract or otherwise, unless authorized to do so by these Bylaws or by the Board. Section 9.3. Fiscal Year The fiscal year of this corporation shall run from July 1st to June 30th. Section 9.4. Amendments. ~ These Bylaws may be altered, repealed, or amended and new or additional Bylaws adopted at any time by a unanimous vote of the Board. D Page 10 of 10 CERTIFICATE OF SECRETARY I, :he undersigned, hereby certify: 1. I am the duly elected and acting Secretary of MID- PENINSULA SUPPORT NETWORK. 2. The foregoing Bylaws, comprising ten (10) pages, including this page, constitute the Bylaws of the corporation as duly adopted at a meeting of the Board of Directors thereof held on ~c~-~.~%c I~! 19~ and amended on IN WITNESS ~EREOF, I have hereunto subscribed my name this /'~ day of ~, 199D. Secretary, ~ard o~ Dlrec:ors -III Attachment E SUPPORT NETWORK FOR BATTERED WOMEN BOAKD OF DIRECTORS 2002 NAME & OCCUPATION (Board Qftt~s noted in paremheses) MAILING ADDRESS, JOINED TELEPHONE NUMBER, BOARD AND EM_AIL Cece Montgomery ((3air) 221 Nevada Avenue Palo Alto, CA 94301 cecemon~sbcglobal.net P (650) 322-7463 F (650) 329-9156 1997 Andrea V'dlasefior-Perry, MSW (Vi C r) On sabbatical 372 Hull Avenue San Jose, CA 95125 P (408) 995-5302 C (408) 202-2913 avperr3~aol.com 1998 Larry Fox E 'qlOkDE Group 5698 Post Oak Circle San Jose, CA 95120 P (650) 331-6046 F (650) 331-6804 H (408) 927-6946 C (650) 224-1317 lfox~etrade.com 2002 Aaron Persky Deputy District Attomey County of Santa Clara 650 Park Court Santa Clam, CA95050 P(408) 792-2544 F(408) 299-8440 C(408) 390-4284 mapenky~aubi.com 2001 Nancy Clark Attorney 225 Addison Street Palo Alto, CA 94301 W (408) 299-5936 H (650) 327-8205 nancy, clark~ cco.co.santa-clam.ca.us 2000 9/26/2002 ~'-I1~ Attachment E Harmeet Dhltlon Attorney Sheila Henriquez Legal Secretary John McLemore City Council Member Cityof Santa Chin Baker Moorefield Artist Barbara Nelson Executive Vice President Corporate Marketing and Strategy Quantum Corporation Belinda Quesada Public Communication Specialist Social Services Agency Noella Tabladillo The Comerstone Project Cooley Godward, LLP 5 Palo Alto Square 3000 E1 Camino Real Palo Alto, CA 94306-2155 W (650) 843-5026 hdhillon@ cooley, com 2001 10191RoehamptonAve SanJose, CA95127 P (408)937-4031 shell51@aol.com 2000 307 Los Padres Blvd. Santa Clara, CA 95050 P (408) 330-1263 F (408) 261-9431 JLMcLemore@ aol.com 2001 810 Lemon Street Menlo Park, CA 94025 P (650) 326-2040 bakermoc~ earthlink.net 1999 649 Hillcrest Way Emerald Hilk, CA 94062 H (650) 839-1010 W (408) 944-4020 barbara.nels on~ quanmm, com 2002 333 W. Julian Street 2001 Bldg. One, Fifth Floor San Jose, CA 95110-2335 P (408) 491-6726 F (408) 975-4524 Belinda. Quesada~ ssa.co.santa-clara.ca.us 1922 The Alameda 3"~ Floor San Jose, CA 95126 P (408) 351-6425 F (408) 298-0143 ntabladillo~ scvymca.org 2001 9/26/2002 Attachment F Internal Revenue Service District Director Suppor~ Network for Battered Women Castro Street, 305 Mounta~ View, CaH~ 94041 Department of the Treasury P. O. aox 235{], Los Angetee, Calif. 90053 Person to Contact: J. Teag%te Telephone Number: [213]-894-2336 Refer reply to: EO (1205) 96 Date: December 19, 1996 EIN: 94-2598854 Dear Taxpayer: This letter is in response to your request for a copy of the determination letter for the above n~ed organization. Our records mddcate this organization was recognized to be exempt ~om Federsd Income Tax in ~Iay 1979 as described in Interna~ Revenue Code Section 501 (c) (3). It is ~urther classi~ed as an organization that is not a private foundation as deemed m Section 509 (a) of the Code, because it is an organization described in Section 170 (h) (1) (A) (vi). The exempt status for the determination letter issued in October 1979 continues to be in effect. If you need ~urther assistance, please contact our oH:~ce at the above address or telephone number. Sincerely, J. Tea~ue Disclosure Assistant Attachment G Budget Justification Support Network for Bartered Women provides services free of charge to Cupertino residents suffering domestic abuse. Last fiscal year, an average of 1.5% of our total clients were Cupertino residents. Our client services budget (attached) totals $883,416. A 1.5% share of cost would come to $13,251. We ask the city of Cupertino to consider funding half of this amount, for a total of $6,625.50. This represents a reasonable portion of the funds necessaryto serve your community. The remaining 50% will be raised through individual contributions, foundations and corporations, and will be supplemented with United Way funding. Attachment H Support Network for Battered Women Client Services Program Budget Fiscal Year: July 2002 to June 2003 Projected Program Income Individual Comributions Corp, Faith, Foundations United Way State Grants Gty Grants Program Fees Total Projected Income $ 214,757.00 148,025.00 53,496.00 270,174.00 66,030.00 100,934.00 30.000.00 $ 883.416.00 Projected Program Expemes Salaries, Taxes & Benefits Professional Fees Individual Dues Supplies Telephone Postage & Shipping Occupancy Equipment Rental/Maintenance Printing & Publicafiom Travel Conferences & Meetings Special Assistance - Clients Awards & Appreciation Imurance Expemes Ix~tscellaneous Expenses 545,106.00 82,665.00 600.00 12,700.00 20,919.00 975.00 155,686.00 11,258.00 5,650.00 2,400.00 11,720.00 24,075.00 1,460.00 8,202.00 Total Projected Expenses $ 883.416.0~00 ACORD,. CERTIFICATE OF LIABILITY INSURANCE DATE (M M/DD/Y'f) 07/12/Z00Z PRODUCER (650)341-4484 FAX (650)341-4465 Business Professional Ins. Assoc. Inc. 1519 South 0 Street San MateD,, CA 94402 INSURED Support Network for Battered Women 444 Castro Street, Ste 305 Mountain View, CA 94041 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THiS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE INSURER A: Great American INSURER B: Everest Tnsurance INSURER C: INSURER D: INSURER E: THE POLICIES OF INSURANCE LISTED BELOW HAVE SEEN iSSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED NOTWITHSTANDING ANY REQUIREMENT. TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR GENERALLIABIUTY PAC 653-62-43 04/21/2002 04/21/2003 EACH OCCURRENCE $ 1,000,000 I CLAIMS MADE ~-~ OCCUR MED EXP (Any one ~erson) $ 5,000 A X Social~ Workersi - i PERSONAL&ADVINJURY $ 1,000,O00 -- Professional Liab. GENERALAGOREGATE $ 2,000,000 ~POLICY~PRO'JECT ~LOC AUTOMOBILE LIABILITY :AP 653 62 ¢4 04/21/2002 04/Z1/2003 COMBINED SINGLE LIMIT -~a accident) 1 , 000! O0C A EXCESS LIABILITY '~ OCCUR I'~ CLAIMS MADE AGGREGATE $ WORKERSCOMPENSATIONAND 1900033460-021 07/01/2002 07/01/2003 X I TORY LIMITSI IC)~RH' B EL DISEASE*EAEMPLOYEi $ 1,000,OOC E.L DISEASE- POLICY LIMIT i $ 1,000,00( rhe City of Milpitas, its officers and employees are named as additional insured (funding source) as -espects to the insured's operations and as covered by the above liability policy. Workers Comp. --xc1 uded. Additional Insured applies to General Liability poiicy only, per form CG 2026 11/85 fen ii0] day notice of cancellation for non-payment of premium shall apply. CERTIFICATE HOLDER I I ADDITIONAL INSURED; INSURER LETTER: CAI~tCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED EEFORE THE EXPIRATION DATE THEREOF, THE iSSUING COMPANY WiLL ~X~I~ MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT. City of Milpitas Attn: Linda R. Momii 455 East Calaveras Blvd.,,~,,~,,~,~-,-,-.,,.u~WVmV~,~-~wy,,.a~c~.~¥~,~ K~X× XX ~_~...~.~m~u~a~ .~.~.~..~,_____N_._X__XXXX . Milpitas, CA 95035 AUTHOR[ZEOREPRESENTATIVS ~.f.~ . Virginia Fontana/SANDEE ©ACORD CORPORATION 198u ACORD 25-S (7/97) ~-/I '7 10300 Torte Avenue Cupertino, CA 95014 (408) 777-3308 FAX (408) 777-3333 Community Development Department SUMMARY AGENDA NO. ~ AGENDA DATE November 18, 2002 SUBJECT: Approve communication from the Mayor of Cupertino to the City of Sunnyvale on the Moffett Park Specific Plan Draft Environmental Impact Report (DEIR), Sunnyvale, CA. RECOMMENDATION: Staff recommends that the City Council approve the attached letter to the City of Sunnyvale outlirdng Cupertino's concerns regarding the Moffett Park Specific Plan Draft Environmental Impact Report (DEIR). DISCUSSION: The City of Sunnyvale is proposing the Moffett Park Specific Plan to provide a comprehensive, long-term plan for development of approximately 1,156 acres located adjacent to and east of the Moffett Federal Airfield. The proposed specific plan would amend Sunnyvale's current zoning for the project ~rea to potentially allow up to 24.3 million square feet of commercial, office and industrial uses. Currently, there is a total of approximately 15.6 million square-feet of developed building floor space in the project area. Therefore, the specific plan could result in the construction of approximately 8.7 million additional square- feet of building space beyond the existing condition. The City of Sunnyvale sent a copy of the DEIR to the City and comments are due by November 29, 2002. Staff is concerned about the following two major issues: Jobs/Housing Balance - No housing u_rdts are proposed in the specific plan. The project will further intensify the jobs/housing imbalance in Sunnyvale and the adjacent communities. The regional population increase from the 18,000 additional jobs projected by the DEIR will result in 31,320 persons. The DEIR also indicates that the, "population and housing impacts related to the City and Region's Jobs/Housing ratio would remain significant and unavoidable." This is in conflict with the Sunnyvale General Plan, which specifies Sunnyvale will "Move toward a local balance of jobs and housing" and "Continue to require office and industrial development above a certain intensity to mitigate the demand for housing or provide additional housing." Sunnyvale should aggressively explore mixed-use options by adding a significant residential component within the project to offset housing impacts. Traffic Impacts - The intensification of the job/housing imbalance will add trips to the highway and local circulation systems as workers commute from outside of the region. Staff is particularly concerned about the impact to the intersection at De Anza Blvd. and Homestead Road. This intersection is a CMP (Congestion Management Plan) intersection and the DEIR indicates that the project will lower the LOS for the AM q-! Moffett Park Specific Plan November 18, 2002 peak hour from LOS D to LOS E (see table 3.12-13). The DEIR indicates that, "the implementation and subsequent buildout of the proposed Specific Plan would result in significant and unavoidable traffic impacts despite the implementation of feasible mitigation measures." The project does not include mitigations to reduce isolated intersections such as the one mentioned above. This will undermine Cupertino's ability to provide the additional housing units designated for the Homestead Planning Area as part of the Cupertino Housing Element adopted on October 15, 2001. Staff therefore believes that the impact to the intersection should be mitigated. Staff reconunends that the City Council authorize the Mayor to forward to the City of Sunnyvale, our comments regarding impacts of the project on the surrounding communities. Prepared by: Gary Chao, Assistant Planner Steve Piasecki Director of Community Development City Manager Attachments: Letter to the City of Sunnyvale regarding the DEIR for the Juniper Networks Project Moffett Park Specific Plan Draft EIR (Executive Summary) Project Regional Map Project Vichn/ty Map CUPEI TINO City of Cupertino 10300 Torre Avenue Cupertino, California 95014 Telephone: (408) 777-3308 Fax: (408) 777-3333 Community Development Department November 18, 2002 Gerri Caruso, Principal Planner City of Sunnyvale 456 West Olive Avenue Sunnyvale, CA 94088-3707 Subject: Moffett Park Specific Plan DEIR Dear Ms Caruso: Thank you for the opportunity to comment on the Draft Environmental Impact Report (DEIR) for the Moffett Park Specific Plan project. On November 18, 2002, the Cupertino City Council voted to forward the following concerns regarding the project: · Jobs/Housing Balance - The project will further intensify the jobs/housing imbalance in Sunnyvale. This concern was raised by Cupertino in response to the Juniper Networks project. Approval of office plans of these intensities with no housing offsets will continue to exacerbate the severe hosing crises thought out the valley. The City of Sunnyvale should explore opportunities to include significant residential component within the Moffett project site or sites in the vicinity. Traffic Impacts - We have concerns that the intensification of the job/housing imbalance will add trips to the highway and local circulation systems as workers commute from outside of the region. We request the project analyze and mitigate the impacts on Highway 85/280 intersection, the intersection of Lawrence Expressway/Stevens Creek Blvd. and intersection at De Anza Blvd. and Homestead Road. Traffic Demand Management (TDM) -The project should aggressively pursue TDM measures to reduce traffic impacts. The DEIR should identify aggressive TDM measures to mitigate traffic including: Employer sponsored VTA Eco passes/Caltrain passes for all employees; Employer sponsored shuttle to bus, light rail and train stations; Hotel operated shuttle to nearby transit and airports; Employer sponsored car/vanpool and preferential parking for car/vanpool; Parking "fees" for single-occupancy vehicles; and Cash-out program for non-driving employees. The City appreciates the opportunity to review the DEIR. We look forward to working with you to further address mitigation measures to ensure that the project is an asset to Sunnyvale and the surrounding communities. Sincerely, Richard Lowenthal MAYOR, City of Cupertino CC: Cupertino City Council Cupertino Planning Commission Dave Knapp, City Manager, Cupertino Robert LaSala, City Manager, Sunnyvale Trudi Ryan, Planning Officer, Sunnyvale Gerri Caruso, Senior Planner, Sunnyvale Robert Paternoster, Director of Community Development Peter Cipolla, Director of Valley of Transportation Agency ]E CUTIV $UMMARY S.O EX CUTWE SUMMARY S.1 Purpose and Scope of the EIR The California Environmental Quality Act (CEQA) requires all state and local government agencies to consider the environmental consequences of projects for which they have discretionary authority. The purpose of this Environmental Impact Report (EIR) is to assess the environmental impacts of the proposed MoffeR Park Specific Plan (the project) pursuant to CEQA (Public Resources Code 21000 et seq.) as amended and the State CEQA Guidelines (Title 14, California Code of Regulations, Section 15000 et seq.) as amended. This EIR is an informational document that describes the significant environmental effects of the project~ identifies possible ways to minimize the significance of the effects, and discusses reasonable alternatives to the project to avoid, reduce or minimize environmental impacts. The City of Sunnyvale will consider the information in this EIR in making an informed decision regarding the project. It is not the purpose of this EIR to recommend either approval or denial of a project. S.2 Summary Description of the Proposed Project It is the intent of the City of Sunnyvale, through the adoption of the proposed Moffett Park Specific Plan, to provide a comprehensive, long-term plan that supports the development of a mix of land uses and addresses the potential impacts of future development within the context of the Specific Plan area. The proposed Specific Plan also addresses the need to establish a comprehensive policy and regulatory framework that provides the necessary elements to guide future development in concert with and responsive to, the needs of the marketplace. In recent years, the marketplace economy of the Silicon Valley has generated a demand for high technology, research and development (R&D), and corporate headquarters office space. In response to this market demand, the City of Sunnyvale has received several development applications for R&D and corporate headquarters uses in the Moffett Park Business Area. Many of the development applications have requested the approval of a Use Permit to exceed the maximum Floor Area Ratio (FAR) allowed by the current City of Sunnyvale General Plan and Zoning Code. To respond to the market demand, the proposed Specific plan would amend the land use development policies for the Specific Plan area, reduce the need for use permits and provide other methods for administrative relief, and provide a regulatory document that is directly linked to Citywide goals and policies for the area. The proposed Moffett Park Specific Plan area is located in Santa Clara County in the City of Sunnyvale. The Specific Plan area is located in the northernmost portion of the City and is generally located northeast of the Highway 237 and Highway 101 interchange. The 1,156-acre Specific Plan area is bounded by: MoffeR Federal Airfield to the west; the closed Sunnyvale Landfill, the Sunnyvale Materials Recovery and Transfer (SMaRT~ Station, and the City's Water Pollution Control Plant to the north; State Highway 237 to the south; and Sunnyvale Baylands Park to the east (refer to Exhibit 2-2, Local Vicinity Map). The project area is served by a number of local thoroughfares, including Lawrence Expressway/Caribbean Drive, Fair Oaks Avenue/Java Drive, Mathilda Avenue, and Moffett Park Drive. These arterials serve as main access points to the Specific Plan area. Since the 1960's, the proposed Specific Plan area has predominantly been occupied by the defense indnslry. The Air Force, the Navy, Lockheed Martin, and NASA have been the major organizations that Moffett Park Specific Plan S~I ~ Environmental Impact Report ...... have operated, or that continue to operate in Moffett Park. In recent years, several high-technology businesses have developed corporate campuses in Moffett Park, including Juniper Networks, Interwoven, Yahoo Inc., and Ariba. Low-rise warehouses and industrial/business park buildings are also located throughout the area. There are several restaurants and cafes, and three hotels in the Specific Plan area. The proposed Moffett Park Specific Plan will serve as a land use policy document that regulates future development projects within the Moffet~ Park Specific Plan area. Implementation of the proposed Specific Plan would allow a mix of land uses, such as corporate office, manufacturing, warehouse, small- scale retail, hotel, restaurant, and other ancillary support uses. The proposed Specific Plan would also increase the allowed development intensifies for land uses in the Moffett Park Specific Plan area. The proposed Moffett Park Specific Plan would amend the current zoning for the project area, allowing development in the three following land use districts: · :. Moffett Park - General Commercial (MP-C): The MP-C District provides for 13.01 acres of limited commercial development with an allowable intensity of .40 FAR. Total development potential within the MP-C District equates to approximately 250,000 square-feet. The MP-C District is intended for the construction, use, and occupancy of buildings for hotels, restaurants, retail sales and services, and professional services. · ~. Moffett Park- Transit Oriented Development (MP=TOD): The MP-TOD District provides for 462.33 acres of commercial, office and industrial development within the direct vicinity of the existing light rail line at an allowable intensity of .55 FAR. Total development potential within the MP-TOD District is 11.06 million square-feet. The MP-TOD zoning district is intended for the construction, use, and occupancy of buildings for office, research, limited manufacturing, hotels, restaurants, financial institutions, retail sales and services, professional services and similar compatible uses. Accessory uses for the benefit of onsite employees (e.g., recreation facilities, cafeterias) are also allowed and encouraged. The purpose of the MP-TOD District is to encourage higher intensity uses that can best take advantage of locations in close proximity to the Tasman light rail corridor. The allowed FAR of .55 may be increased to a maximum of .70 for development projects that meet a set of criteria identified within the Specific Plan. · ;- Moffett Park - Industrial (MI'-I): The MP-I District provides for 663.20 acres of general industrial development with an allowable intensity of .40 FAR and .50 for warehouses. Total development potential within the MP-I Dislxict equates to approximately 11.55 million square- feet. The MP-I zoning district is intended for the construction, use, and occupancy of buildings for office, research, limited manufacturing, hotels, restaurants, and financial institutions. Accessory uses for the benefit of onsite employees (e.g., recreation facilities, cafeterias, etc.) are also allowed and encouraged. The allowed floor area ratio of .40 may be increased to a maximum of 0.50 for development projects that meet a set of criteria identified within the Specific Plan. In addition to these disUiets, the Specific Plan permits an additional 2,000,000 square-feet of floating development potential within the Specific Plan area. The 2,000,000 square-feet of development potential can be applied at the time of bnllding permit issuance (unless superceded by a Development Agreement) to any parcel in the Specific Plan area, provided the project adheres to specific criteria established in the Specific Plan. Development projects that are allocated additional square-footage from the floating reserve would be allowed to exceed the base FAR of the project site. Parcels located within the/VIP-TOD District Moffett Park Specific Plan Environmental Impact Report $-2 IE C rlVE SVMMARY would be permitted to exceed the allowable .55 FAR to a maximum .70 FAR. Parcels within the MP-I District would be permitted to exceed the allowable .40 FAR to a maximum .50 FAR. Floating reserve space would be allocated on a fn~t-enme, first-serve basis until the entire reserve has been exhausted. The proposed Specific Plan would also include a ~-ansfer of development rights program, which would allow owners of underdeveloped properties to mmsfer or sell their development rights to another property owner that wishes to develop beyond the base FARs, by following the criteria in the Specific Plan. The development potential of the Moffett Park Specific Plan area under the proposed Specific Plan is detailed in Table S-1 below: Specific Plan Sub-District MP-TOD Development Reserve3 Total Notes: Parcel Allowable Development Potential: Total Acreage Intensity (FAR)t Allowed Building Square-Footage2 462 ac 663 ac 13 ac 18 ac 1,156 ac .55 FAR .40 FAR .40 FAR N/A 11.06 million sq. fi. 11.55 million sq. ft. .25 million sq. fl. 1.47 million sq. ft. 24.33 million sq. fi. Allowable devclopment intensitins may increase up to .70 FAR in thc IMP-TOD district and .50 FAR in the MP-I dis~ict. All development intensity increase in these districts may not exceed 2,000,000 square-feet. Total Development potential excludes existing SCVWD fight-of-ways and U.S. Military Parcels. 3. Devclopment Resen~ may allocate square footage to parcels in MP-TOD and MP-I Zones, up to 2 million sq. iL Actual rcscrve availability/s 1.47 million sq. fi- due to previously approved projects. 4. Includes ri~ht-of-way, stre~ etc. Source: RBF Consulting, Draft Moffett Park Specific Plan, August 2002. Currently, there is a total of approximately 15.6 million square-feet of developed building floor space in the proposed project area. Therefore, future development and redevelopment projects in the pwposed Moffett Park Specific Plan area could result in the construction of appwximately 8.7 million additional square-feet of building space (floor area) beyond existing conditions. On average, 340 square-feet of industrial/office space can support one job. Therefore, the total future .development that would be facilitated as a result of implementation of the proposed Specific Plan has the potential to generate approximgtely 25,588 additional .jobs, an increase of appwximately 17,600 .jobs beyond the buildout conditions described in the City's existing General Plan (existing General Plan allows for 18.3 million total sq. fl. in Moffett Park at buildout). Moffett Park Specific Plan S-3 Environmental Impact Report IE~CUTIVE§UMM~Y S.3 Summary of Environmental Impacts, Mitigation Measures and Level of Significance After Mitigation Table S-2, which is found at the end of this section, contains a summary of each potentially significant or significant effect and corresponding mitigation measures proposed to minimize or avoid significant impacts associated with the proposed Specific Plan. This EIR evaluates impacts related to implementation and subsequent buildout of the Specific Plan. S.4 Significant and Unavoidable Adverse Environmental Effects Section 15126.2 of the State CEQA Guidelines requires an EIR to "describe any significant impacts, including those which can be mitigated but not reduced to a level of insignificance. Where there are impacts that cannot be alleviated without imposing an alternative design, their implications and the reasons why the project is being proposed, notwithstanding their effect, should be described. Section 3.0 of this EIR provides a description of the 'potential environmental impacts associated with implementation and subsequent buildout of the proposed Specific Plan and recommends mitigation measures to reduce impacts to less than significant levels where feasible. With implementation of the mitigation measures proposed, significant unavoidable impacts would remain in the following areas: Air Quality, Population and Housing, and Traffic/Circulation. In addition, the proposed project in combination with other pending, approved, and reasonably foreseeable projects in the City of Sunnyvale would result in cumulative impacts related to air quality, population and housing, traffic and circulation, noise, energy supply, and water supply. S.5 Summary of Alternatives Section 6 of this EIR evaluates alternatives to the proposed project in accordance with the State CEQA Guidelines § 15126.6. Based on the purpose of the alternatives analysis as prescribed in Section 15126.6 of the State CEQA Guidelines, the following alternatives were selected by the Ci~ of Sunnyvale for evaluation in this EIR: Alternative A: No-Project Alternative (as required by Section 15126.6(e) of the State CEQA Guidelines): assumes that the proposed Specific Plan is not adopted and future development in the MoffeR Park Specific Plan area occurs under the direction of the existing General Plan and Zoning Code. Alternative A would allow for development intensities of .50 for the existing ffanslt core and .35 for the remaining general industrial parcels. Alternative B: assumes development and adoption of a Specific Plan that would allow for development intansities of .70 FAR for the MP-TOD zone and .50 FAR for the MP-I and MPC zones. Alternative B would not include the floating reserve of two million square-feet or the Transfer of Development Rights Program. Alternative C: assumes development and adoption of a Specific Plan that would allow for development intensities of .50 FAR for all parcels in the Specific Plan area. All parcels in the Moffett Park Specific Plan area would be zoned MP-I. Alternative C would not include the MP- TOD and MP-C zones, the floating reserve of two million square-feet, or the Transfer of Development Rights Program. Moffctt Park Specific Plan S-4 ~ ~_~ Environmental Impact Report ....... ~:,i~i Alternative D: assumes development and adoption of a Specific Plan that would allow for development intensifies of.55 FAR for the MP-TOD zone and .40 for the MP-I and MP*C zones. Alternative D would not include the floating reserve of two million square-feet, or the Transfer of Development Rights Program. Alternative E: assumes development and adoption of a Specific Plan that would allow for development intensities of .50 FAR for the MP-TOD and .35 for the MP-I. Alternative E would also allow the construction of residential development (greater than 35 units per acre), mixed use, and increased pedestrian amenities near transit stations. Alternative E would not include the MP- C zone, the floating reserve of two million square-feet, or the Transfer of Development Rights Program. The objectives of the proposed Specific Plan are described in detail in Section 2.4, Project Objectives. The potentially significant impacts that would occur as a result of implementation of the proposed Specific Plan are set forth in Section 3.0, Environmental Setting, Impacts emd Mitigation Measures, of this EIR. As noted in Section 3.0, most of the potentially significant impacts identified for the proposed project can be mitigated to a less than significant level through implementation of feasible mitigation measures. However, significant unavoidable impacts related to traffic, air quality, and population and housing would occur as a result of the proposed project. In addition, the project would also contribute to cumulative air quality, population and housing, growth-inducing, water supply, energy, and traffic impacts (refer to Section 4.0, Cumulative Impacts, and Section 7.0, Growth-lnducing Effects of the Proposed ProjecO. Alternative D differs from the proposed Moffett Park Specific Plan analyzed in this EIR in that Alternative D would not include the floating reserve of two million square-feet, or the Transfer of Development Rights Program. Consequently, while the proposed Specific Plan is the City's preferred project because it responds directly to the goals and objectives referenced above, due to the potential cumulative and significant unavoidable impacts, it is not necessarily the "Environmentally Superior" Alternative. Section 6.17 concludes that Alternative D is the environmentally superior alternative, as it would result in the fewest environmental impacts. The Sunnyvale City Council will consider the environmentally superior alternative and the other impact conclusions presented in this EIR when taking action on the proposed MoffeW Park Specific Plan. S.6 Mitigation Monitoring Public Resources Code Section 21081.6 requires that agencies adopt a monitoring or reporting program for a project for which it has made fmdings pursuant to Public Resources Code 210181 or adopted a Negative Declaration pursuant to 21080 (c). Such a program is intended to ensure the implementation of all mitigation measures adopted through the preparation of an EIR or negative Declaration. The Mitigation Monitoring Program for the proposed Moffat~ Park Specific Plan will be completed prior to consideration of the project by the Sunnyvale City Council. Moffe~ Park Specific Plan Environmental Impact Report s-s IBXBCUTIVE SUMMARY S.7 Areas of Controversy and Issues to be Resolved Pursuant to State CEQA Guidelines Section 15123, this EIR includes issues to be resolved related to the various alternatives, and acknowledges the areas of controversy and issues to be resolved that are known to the City of Sunnyvale or were raised during the EIR seeping process. Many of the issues were identified during the Notice of Preparation (NOP) review period. Nine comment letters from local businesses, organizations, and agencies were received in response to the NOP. NOP comment letters received and a summary of the comments raised during the public scooping meetings are included in Appendix A. 2'he following list summarizes the primary areas of controversy related to the environmental effects associated with the proposed Specific Plan: Traffic and Circulation Impacts Air Quality Impacts Noise Impacts Jobs-Housing Ratio Impacts Cumulative Impacts Hydrology and Water Quality Impacts Hazardous MaterialsJH~Tardous Wastes Transit Impacts (Light Rail) Biological Resource Impacts Utility and Service Impacts Moffett Park Specific Plan Environmental Impact Report $-6 EXECUTIVE SUMMARY iMPACT3.I-A: Project implementation is intended to permanently enhance the visual character and quality of the Specific Plan area end it's surroundings. As the proposed Specific Plan includes the incorporation of the Citywide Design end Induslxial Design Guidelines, respectively, applicable City Policies end Development Regulations as defined in Chapter 5 of the proposed Specific Plan would reduce potential impacts generated by implementation of the Specific Plan to levels that would be considered less than significant (Less Than Significant lmpacO. IMPACT3.I-B: Future development of structures end parking areas associated with the implementation of the Specific Plan could indirectly introduce new sources of light end glare into this urban setting. After compliance with the lighting standards of the Specific Plan (refer to Chapter S, Development Regulations), potential impacts would be considered less then significant (Less Than Significant Impact). Mitigation is not required. Less Than Significant Impact Mitigation Is Not Required. Less Than Significant Impact Moffett Park Specific Plan S.2-7 ~ Environmental Impact Report ........ EXECUTIVE SUMMARY PROJECT IMPACTS MITIGATION MEASURES AFTER MITIGATION IMPACT 3,2-A: Plan Consistency Impacts: Implementation Mitigation Is Not Require,4 Less Than Significant Impact of the proposed Moffett Park Specific Plan is consistent with applicable air quality plans and policies. (Less Than Significant Impact). IMPACT 3.2-B: Construction Related Impacts: Future Mt¥is~ation $.2-B1: .4ii new development shall implement Less Than Significant Impact With project development under the proposed Moffett Park the following control measures at all construction sites. ~ Mitigation Specific Plan may result in temporary construction related air ~.. Water all active construction areas at least twice quality impacts. (Less than Significant Impact With daily. Mitigation). 4o Cover all trucks hauling soil, sand, and other loose materials or require all trucks to maintain at least two feet of freeboard o~ Pave, apply water three times daily, or apply (non- toxic) soil stabilizers on all unpaved access roads, parking areas and staging areas at construction sites. ~' Sweep streets daily (with water sweepers) if visible soil material is carried onto adjacent public streets. (Less than Significant Impact With Mitigation) Mitigation 3.2-B2: Ali new development of four or more acres shall implement the following control measures in addition to the measures listed above. · ~ Hydroseed or apply (non-toxic) sod stabilizers to inactive construction areas (previously graded areas inactive for 10 days or more). ~ Enclose, cover, water twice daily or apply (non-toxic) soil binders to exposed stockpiles (dirt, sand, etc.) · ~, Limit traffic speeds on unpaved roads up to 15 mph. · ': Install sandbags or other erosion control measures to prevent silt runoff to public roadways. · ~, Replant vegetation in disturbed areas as quickly as passible. (Less than Significant Impact With Mitigation) Moffett Park Specific Plan S.2-8 Environmental Impact Report IMPACT 3.2-C: Operational Air Quality Impacts: Future area source and vehicular emissions under the proposed Moffett Park Specific Plan may result in operational air quality impacts. (Significant and Unavuldablc Impact). IMPACT 3.2-D: Localized CO Impacts: Future Specific Plan related vehicle trips would expose sensitive receptors to substantial CO concentrations near intersections serving the Specific Plan area. (Less Than Significant Impact). Mitigation 3.2-B$: All new development that is large in area, located near sensitive receptors or which for any other reason may warrant additional emissions reduction shall implement the following control measures in addition to the measures listed above. Install wheel washers for all exiting trucks, or wash off tires or tracks of all trucks and equipment leaving the sit~ Install wind breaks, or plant trees/vegetative wind breaks at the windward side(s) of construction sites. ~ Suspend excavation and grading activity when winds (instantaneous gusts) exceed 25 mplt ~' Limit the area subject to excavation, grading and other construction activity at any one time. Less than Significant Impact With Mitigation) Mitiltation 3.2-C1: Where possible, the proposed Moffett Park Specific Plan shall identify appropriate "walkthrough" locations to provide direct, saf~ attractive pedestrian access f~om project to transit stops and adjacent development (Significant and Unavoidable Impact). Mitigation $.2-C2: As a condition of project approval for future development under the Moffett Park Specific Plan, pedestrian access ways allowing travel within and through parcels shall be irnplementeg us appropriate, on a per project basis at the discretion of the Community Development Director (Significant and Unavoidable Impact~. Mitigation Is Not Require& Significant and Unavoidable Impact Less Than Significant Impact Moffett Park Specific Plan Environmental Impact Report 5.2-9 PRO,TECT EMPACT$ IMPACT3.3-A: The presence of pairs of Western Burrowing Owl have been confirmed at the NASA Ames Research Center approximately one mile west of the proposed Specific Plan boundaries. Burrowing owl habitat can occur wherever there are ground squirrels and/or existing burrows. As such, burrows may exist within the Specific Plan Project boundaries. Each future development site has the potential for providing burrowing owl habitat. Therefore the following mitigation measures would be required. Potentially Significant Impact if not Mitigated) Moffett Park Specific Plan Environmental Impact Report MITIGATION MEASURES Mitigation 3.3-A1: Because burrowing owls were not identified onsite during field reconnaissance, but are anticipated to occur within or proximate to the Specific Plan boundaries, focused surveys shall be conducted in accordance with the California Department of Fish and Game (DDFG) protocol during the peak nesting season (,4pril 15 through July 15). Surveys must be conducted on four separate days from two hours before sunset to one hour after sunset, or from on hour before sunset to two hours after sunrise. The property owner/developer shall be responsible for retaining a qualified biologist to conduct the surveys in accordance with all applicable state (CDFG) protocol in effect at the time of development application review and consideration. If the presence of burrowing owls is verified on an individual development site within the Specific Plan urea, a burrowing owl mitigation plan shall be implemented prior to constructio~ This plan shall include a pre- construction survey to determine the location of active burrows on the project site, passive exclusion of burrows to be impacted by project construction, installation of artificial burrows in the designated open space areas of the proposed project and mitigation monitoring. Specific requirements to be included in this plan shall be determined through consultation with CDFG. This shall be subject to the review and approval of the City of Sunnyvale community Development Department. Miti~atian $.$-A2: In the event that removal of habitat for the western borrowing owl is required for development, the applicant/owner shall work with the Springtown Reserve, or similar preserve local to the Ba~ ,4rea, to purchase EXECUTIVE SUMMARY LEVEL OF SIGNIFICANCE AFYER MITIGATION Less Than Significant Impact With Mitigation S.2-10 PROJECT IMPACTS IMPACT 3.3-B: Salt marsh harvest mouse and salt marsh wandering shrew habitat exists in Baylands Park, northeast of the Specific Plan area. Predators of these mouse and shrew species are known to occur in the vicinity of and could potentially nest within the project are~ If future development results in the creation of predator habitat, the presence of these species could potentially impact the populations of salt marsh harvest mouse and salt marsh wandering shrew (Potentially Significant Impact if not Mitigated). IMPACT 3.3-C: The project area does not have suitable western snowy plover habitat (No Impact). IMPACT 3.3-D: Implementation of the proposed project could result in the removal of ornamental s~reet tree: (Potentially Significant Impact if not Mitigated). MITIGATION MEASURES habitat credits. (See contact information listed below) When burrows must be remove& owls shall be evicted outside the breeding season via passive relocation based plan developed by a qualified biologist. Lost burrows shall be replaced outside the nesting season, before construction begins. Burrows should be replaced at a 3:1 ratio either within owl preserves or other suitable habitat as determined by a biologist (Less Than Significant Impact with Mitigation) Contact: Ter~ Huffman, (415} 925-2000 Environmental Mitigation Exchange Compa~ty (EM,,U0 21 Sunnyside,4venue Corte Madera, C,4 94925 Mitigation 3.3-B: No artificial habitat for burrowing owls shall be established near or adjacent to salt marsh harvest mouse and salt marsh wandering shrew habitat (Less Than Significant Impact with Mitigation). Mitigation Is Not Required Mitigation 3.3-C: No existing street trees shall be removed from the Moffett Park Specific Plan area. Should future development within the Moffett Park Specific Plan area require or request removal of significantly sized trees as defined by Municipal Code 19.94, then the property owner/develo[~,er shall obtain tree remaval permit. Tree EXECUTIVE SUMMARY LEVEL OF SIGNIFICANCE AFTER MITIGATION Less Than Significant Impact With Mitigation Less Than Significant Impact Less Than Significant Impact With Mitigation Moffett Park Specific Plan Enviwnmental Impact Report S.2-11 EXECUTIVE SUMMARY PR(JJECT IMPACTS MITIGATION MEASURES removal will require replanting at a ratio of 2 to I, ora tree size determined to be comparable in value by the Director of Community Development (Less Than Significant Impact with Mitigation). LEVEL OF SIGNIFICANCE AFTER MITIGATION Moffett Park Specific Plan Environmental Impact Report S.2-12 LEVEL OF SIGNIFICANCE PROJECT IMPACTS MITIGATION MEASURES AFTER MITIGATION IMPACT 3.4-A: Impacts to Archaeological Resources: Miti~ation $. 4-A l : Prior to approval of each grading plan, Less Than Significant Impact With Unidentified archaeological r~sources could be disturbed the property owner/developer shall submit a letter to the Mitigation during grading, site preparation, or other construction-related Public Works/Engineering Department, Development activities associated with future development projects within Division, and the Planning Department, Planning the Specific Plan Area. The disturbance of unidentified Division, identifying the certified archaeologist that has archaeological resources would be considered a potentially been hired to ensure that the .following actions are significant impact (Potentially Significant Impact If Not implemented: Mitigated). a. The archaeologist must be present at the pregrading conference in order to establish procedures for temporarily halting or redirecting work to permit the sampling, identification, and evaluation of artifacts if potentially significant artifacts are uncovere& If artifacts are uncovered and determined to be significant, the archaeological observer shall determine appropriate actions in cooperation with the property owner/developer for exploration and/or salvage. b. Specimens that are collected prior to or daring the grading process will be donated to an appropriate educational or research institutio~ c. ~4ny archaeological work at the site shall be constructed under the direction of the certified archaeologist. If any artifacts are discovered daring grading operations when the archaeological monitor is not present, grading shall be diverted around the site until the monitor can survey the area. ,4 A final report detailing the findings and disposition of the specimens shall be submitted to the City Engineer. Upon completion of the grading, the archaeologist shall notify the City to when the final report will be submitte,t Mitigation 3.4-A2: Prior to approval of each grading plan, Moffett Park Specific Plan 1 3 Environmental Impact Report 1 .~. · PROJECT IMPACTS MITIGATION MEASURES A~-i'ER MITIGATION the property owner/developer shall submit a letter to the Public Works/Engineering Department, Development Division, and the Planning Department, Planning Division, identifying the certified paleontologist that has been hired to ensure that the following actions are implemented: a. The paleontologist must be present at the pregrading conference in order to establish procedures for temporarily halting or redirecting work to permit the sampling, identification, and evaluation of fassils if potentially significant paleontological resoarces are uncovered. If artifacts are uncovered and determined to be significant, the paleontological observer shall determine appropriate actions in cooperation with the property owner/developer for ~xploration and/or salvage. b. Specimens that are collected prior to or during the grading process will be donated to an appropriate educational or research institution. c..4ny paleontological work at the site shall be constructed under the direction of the certified paleontologist. If any artifacts are discovered daring grading operations when the paleontological monitor is not present, grading shall be diverted around the site until the monitor can survey the arec~ & A final report detailing the findings and disposition of the specimens shall be submitted to the City Engineer. Upon completion of the grading, the paleontologist shall notify the City to when the final report will be submitted. IMPACT 3.4-B: Impacts to Human Remains: Unidentified Mitigation 3.4-B1: Impacts to Human Remains: The Less Than Significant Impact With human r~mains could be uncovered during the construction following mitigation measure shall be implemented by the Mitigation of fut~re development projects within the proposed Sl~ifi¢ property owner/developer and/or their site contractor Plan Area. (Potentially Significant Impact If Not Mitigated). during the construction of any future development activities or projects within the Specifc Plan area: Moffett Park Specific Plan Environmental Impact Report S.2-14 ~ EXECUTIVE SUMI~Y Moffett Pa~k Specific Plan Environmental Impact Report implementation of the proposed Specific Plan; in the event of human remains being discovered during future grading and construction activities, the following steps shall be taken: · ~ The Santa Clara County Coroner shall be contacted to determine that no investigation of the cause of death is require& and o~o If the coroner determines the remains to be Native American: - The coroner shall contact the Native American Heritage Commission within 24 hours. - The Native American Heritage Commission shall identify the person or persons it believes to be most likely descended from the deceosed Native American. - The most likely descendant may make recommendations to the landowner or the person responsible for the excavation worl~ for means of treating or disposing of, with appropriate dignity, the human remains and any associated grave goods as provided in Public Resource Code Section 5097398, or ~o tghere the following conditions occur, the landowner or his authorized representatives shall rebury the Native ,4merican human remains and associated grave goods with appropriate dignity on the property in a location not subject to further subsurface disturbance. - The Native American Heritage Commission is unable to identify a most likely descendant or the most likely descendant failed to make a recommendation within 24 hours after being notified by the commissiot~ The descendant identified fails to make a recommendation; or The landowner or his authorized representative rejects the recommendation of the descendant, and mediation by the Native American Heritage Commission fails to I~rovido mitigation measures accet~table to the S.2-15 EXECUTIVE SUMMARY Moffett Park Specific Plan Environmental Impact Report S.2-16 PROJECT IMPACTS MITIGATION MEASURES LEVEL OF SIGNIFICANCE AFl'ER MITIGATION IMPACT 3,~-~,: Foundation and Settlement Impacts: Mitigation 3.5-.4: Foundation and Settlement Impacts: .411 Less Than Significant Impact With Surface loading and other s~'esses can cause soils to settle, grading shall be in conformance with Title 16, "Buildings Mitigation Settlement occurs when loosely consolidated materials and and Construction," of the City of Sunnyvale Municipal fills collapse into soil pore space under the weight of Code. Prior to approval of each grading plan, the structures. Future, as yet unknown consm~ctiun projects in property owner/developer shall submit a sails and the proposed Specific Plan area, could be subject to geological report in conformance with Title 16 of the differential ground settlement, which could cause structural Sunnyvale Municipal Code. damage to future building projects (Potentially Significant Impact if not Mitigated) .IMPACT 3.5-B: Expansive Soil: Shrink and swell Mitigation 3.5-B: Expansive Soil: Incorporation of Less Than Significant Impact With movement from expansive soil in the Plan area could rasult Mitigation Measure 3.5-,41, above, will reducepotontially Mitigation in significant impacts to future proposed structures with significant impacts associated with Expansive Soils to implementation of the proposed Specific Plan (Potentially less-thun-significunt levels. Significant Impact if not Mitigated). IMPACT 3.5-C: Liquefaction: In the event of a major Mitigation 3.5-C1: Liquefaction: Prior to issuance of each Less Than Significant Impact With earthquake, the proposed Specific Plan area would building permit, the proposer owner/developer shall Mitigation experience s~ong ground shaking similar to other areas in submit for review and approval, detailed foundation the Bay Area. Due to the Plan arca's proximity to several I design information for the subject building(s), prepared by nearby active faults, very s~rong to violent ground shaking is a civil engineer, based on recommendations by a expected to occur in the Plan area during a major earthquake, geotechnical engineer. Very s~rung ground shaking during an earthquake can result in ground failure such as that associated with soil Mitigation $.5-C2: Liquefaction: The final geotechnical liquefaction, report shall demonstrate compliance with, and adherence to, Public Resources Code Section 2590 and the Mountain View Quadrangle Seismic Hazards Map. IMPACT 3.5-D: Seismic Shaking: Seismic ground Mitigation 3.5-D: Seismic Shaking: Prior to issuance of Less Than Significant Impact With accelerations would result in lateral and vertical forces on each foundation permit, the property owner/developer Mitigation slxuctures at the ground surface, for future, aa yet unknown shall submit a report by a geotechnical engineer for developments that could occur with implementation of the review and approval that shall investigate the subject proposed Specific Plan. Slron~ seismic shakin~ could result foundation excavations to determine ofso~ layers qfare Moffett Park Specific Plan Environmental Impact Report S.2-17 ~ LEVEL OF SIGNIFICANCE PROJECT IMPACTS MITIGATION MEASURES A~TFER MITIGATION in potential damage to structures within the Moffett Park present immediately beneath the footing site andto ensure Specific Plan area. Consequently, structural impacts that compressibility does not underlie the footing. associated with seismic shaking are considered potentially significant (Potentially Significant Impact If Not Mitigated). IMPA(~T3.$-E:Erosion: TheproposedSpecificPlanareais Mitigation ls Not Requirea~ Less Than Signi. ficant lmpact relatively fiat; therefore, there is little potential for erosion. As discussed in Section 3.7, Hydrology, Drainag~ Flooding and Water Quality, future development projects of 5 acres or greater will be required to comply with the National Pollutant Discharge and Elimination (NPDES) Statewide Industrial Stormwater Permit for General Construction Activities. Compliance with this permit will include implementing erosion conU'ols as necessary during conztructinn. Much of the proposed Moffctt Park Specific Plan area is currently covered by impervious surfaces (e.g., concrete, asphalt) or landscaped areas and will continue as such with implcmentatiun of the proposed Specific Plan. Therefore, with implcmentetion of thc proposed Moffett Park Specific Plan, future development projects will continue to reflect the urban character of Moffett Park, and would continue the Irend of paving and landscaping to meet individual project parking, landscaping and setback requirements; as a result, the erosion potential for fu¢ Plan area will remain low in thc lung-term, and no significant long-term impacts from erosion are identified (Lass-than-Significant Impact). IMPACT 3.5-F: Seismic i~nsification: Soil borings Mltieation $.5-1: Seismic Densification: Prior to approval Less Than Significant Impact With sampled on the former Lockheed site in the western portion of each final grading plan, the property owner/developer Mitigation of the Plan area did not encounter loose materi~l susceptible shall consult with a qualified Geotechnical Engineer to to seismically induced ground settlemunt (Trendw¢ll & confirm areas of fill that wouM require excavation and re- Rollo, Inc., Geotechnical Investigation Suniper Networks compaction prior to initiation of construction activities. Campus, November 2~ 2001). However, there may be other Thee areas shall be identified on all final grading plans, Moffett Park Specific Plan Environmental Impact Report S.2-18 ~ EXECUTIVE SUMM~Y PROJECT IMPACTS areas within the Specific Plan boundaries that may contain localized areas of loose, clean granular soil above the water table, where seismically induced ground settlement could result in potentially significant impact to proposed s~'uctures Potentially Significant Impact If Not Mitignted). MITIGATION MEASURES and the contractor shall excavate and re-compact the loose fill during grading of the site. (Less Than Significant Impact With Mittgatior~) LEVEL OF SIGNIFICANCE AFTER MITIGATION Moffett Park Specific Plan Environmental impact Report S.2-19 1 EXECLFFIVE SUMM~RY LEVEL OF SIGNIFICANCE PROJECT IMPACTS MITIGATION MEASURES AFTER MITIGATION IMPACT 3.6-A: Hazardous Materials Impacts: The proposed Mitigation Is l~ot Required Less Than Significant Impact Specific Plan does not have the potential to create a significant hazard to the public through foreseeable hazardous materials upset or accidental conditions (Less Than Significant Impact). IMPACT 3.6-B: Hazardous Materials Impacts: The proposed Mitigation Is ?lot Required. Less Than Significant Impact project would not directly emit b~7~,rdous materials and thus would not affect any school located within ¼ mile of the project site (Legs Than Significant Impact). IMPACT 3.6-C: Hazardous Materials Impacts: The proposed Mitieation $.6-C1: Hazardous Material Impacts: Prior to Less Than Significant Impact With project is looatad within an area of the City where extensive approval of the.first grading plans or issuance of the first Mitigation investigation and remediation has been completed on site- demolition permit, the property owner/developer shall specific parcels in the past. Although the need for additional retain the services of a qualified environmental area-wide assessments has not b~n identified, measures are professional or registered Environmental Assessor to necessary to ensure that fiaure development/redevelopment conduct an investigation for the presence of underground of sites within the Specific Plan asea adequately address the storage tanks, agricultural pesticides and groundwater potential for encountering possible bz~rdous contamination. Soil sampling or a soil organic vapor materiais/substances during site preparation and/or survey may be required if soil sampling results are not construction. (Less Than Significant Impact With available, or indicate contamination is present above Mitigation). regulatory guidelines or standards. If warranted~ subsurface investigation and sampling shall be undertaken and appropriate remediation measures developea~ if necessary, before demolition, excavation or grading tal~es place. Mtieation 3.6-C2: Hazardous Materials Impacts: Prior to approval of the first grading plan or issuance of the first demolition permit, whichever occurs first, the property owner/developer shall submit a plan which detail~ procedures that will be taken into account if a previously unknown USTs, or other unknown hazardous Moffett Park Specific Plan S.2-20 Environmental Impact Report LEVEL OF SIGNIFICANCE PROJECT IMPACTS MITIGATION MEASURES AFTER MITIGATION materials or waste, is discovered onsite. If the project applicant/developer or their contractor discovers unknown waste/materials or an underground tank or piping during grading or construction, which he/she believes may involve hazardous waste/materiais, the contractor shall, at minimum: · Immediately stop work in the vicinity of the suspected contaminant, removing workers and the public ~orn the area; o~ Notify the Project Engineer of the implementing agency; ~. Secure the area as directed by the Project Engineer; and · ~ Notify the implementing agency's Hazardous Wuste/Materials Coordinator (Less Than Significant Impact With Mitigation). IMPACT 3.6-D: Underground Storage Tank Impacts: The Mitigation Is Not Require& Less Than Significant Impact proposed project site contains several former and current underground tank sites (Less than Significant Impact). IMPACT 3.6-E: Asbestos/Lead Impacts: Based upon the I Miti~zation 3.6-E1: Asbestos Containing Materials: Prior Less Than Significant Impact With year many of the existing s~ructuras were constructed (pre- to renovation/demolition activities, the property Mitigation 1978), the potential for asbestos contnining materials I owner~developer shall retain a Certified ,4sbestos (ACM's) and/or lead-based paints (LBP's) to be present is ~ Consultant to perform an asbestos survey(s) to verify the considered likely (Potentially Significant Impact If Not quantity of ACM's within on-site structures. Should the Mitigated). pre-demolition asbestos survey(s) identify the presence of ,~CM's, demolition activities shall comply with State Iow, which requires a contractor, where there is asbestos- related work involving 100 square feet or more of ,4CM's, to be certified and that certain procedures regarding the removal of asbestos be followe,'l Mitigation $.6-E2: Lead-Based Paints: Prior to renovation/demolition activities, the property owner/developer will determine whether paint must be Moffett Park Specific Plan Environmental Impact Report LEVEL OF SIGNIFICANCE PROJECT IMPACTS MITIGATION MEASURES AFl'ER MITIGATION separated from the building materials (e.g., chemically or ~hysically). The paint waste shall be evaluated independently from the building material to determine its proper management. According to the California Department of Toxic Substances Control, if paint is not removed from the building material during demolition (and is not chipping or peeling), the material could be disposed of as construction debris (a non-hasardou~ waste). The appropriate landfill operator shall be contacted in advance to determine any specific requirements they may have regarding the disposal of lead-based paint materials (Less Than Significant Impact With Mitigation). IMPACT 3.6-F: Emergency Preparedness Impacts: The Mitigation $.6-F: Emergency Preparedness Impacts: Prior Less Than Significant Impact With proposed project, as a policy document, would not directly or to the issuance of the first certificate of occupancy, the Mitigation physically interfere or impair with an adopted emergency oroperty owner/develaper shall prepare an emergency response plan. However, implementation of the proposed preparedness plan for review and approval by the Specific Plan is anticipated to cause an indirect, and Community Development Department. The plan shall incremental increase in U'affic congestion that could include, at aminimumtbefollo~vingelemants: subsequently interfere with and/or impair the ability of ***' Location ofon-siteemergencye~its. responding emergency agencies to access and/or respond to .~. Emergency contact information. emergencies within the Specific Plan area. Additionally, the .**. Evacuation procedures in the event of disaster (Less subsequent increase in development intensity (occupied floor Than Significant Impact With Mitigation space) would increase the number of people within the Project Area during both standard and "flex" business hours. Miti~atian $. 6-F-2: To reduce to the need for additional If an emergency, disaster or cateslrophic event occurs during emergency services tbefollowing mitigation measure shall this time, there would be a greater demand for emergency be implemented in addition to compliance and services within the Specific Plan area (Potentially Significant conformance to the above-mentioned policies and action Impact If Not Mitigated). statements. The consequences of implementing the mitigatian policy will create a less than significant impact for emergency preparedness. ~* The City shall encourage disaster service training for all businesses and employees in Moffett Park Specific Plan area. *.'* The City shall work with businesses and the Moffett Park Specific Plan Environmental impact Report 8.2-22 EXECUTIVE SUIVlIVlARY American Red Cross to establish an ARK within the Specific Plan area. The City shall incorporate the policies and requirements established by the Governors Special .4dvisor on State Security for the purposes of Homeland Security (Less Than Significant Impact ~Fith Mitigation). Moffett Park Specific Plan Environmental Impact Report S,2-23 PROJECT IMPACTS MITIGATION MEASURES AFTER MITIGATION ~: Impacts to Stormwater Drainage System Mitigation Is Not Required Less Than Significant Impact Capacity: Implementation of the Specific Plan would result in a decrease in runoff for the 10-year and 100-year storm events in all sections of Moffctt Park resulting in a less-than- significant impact to hydrology. (Less Than Significant Impac0. IMPACT 3.7-B: Impacts to Stormwater Drainage Mitigation 3. 7-B: Impacts to Starmwater Drainage Less Than Significant Impact With Infrastructure: Improper drainage system design and lack of: Infrastructure: Prior to the approval of new development ' Mitigation maintenance could potentially cause impacts to existing application~, the City of Sunnyvale will incorporate the drainage systems. (Potentially Significant Unless Mitigated). .following measures into the conditions of approval for all new development, as applicable. ~.o The property owner/develope~ shall maintain all drainage facilities on a quarterly basis, or as required by programs established by the City. This maintenance shall be recardea~ and copies of applicable reports sent to the City of Sunnyvale. ~o The City of Sunnyvale shall require all hen, development to label new storm drain inlets. (Less Than Significant With Mitigation). ~ Alteration of Drainage Patterns: Mitieation $.7-C: ~llteration of Drainage Patterns: The Less Than Significant Impact With Implementation of the proposed Moffett Park Specific Plan following mitigation measures shall be considered by the Mitigation could indirectly result in the alteration of existing drainage City of Sunnyvale and incorparatea~ to the estentfeasible, patterns that could result in increases in erosion and siltation infnture development applications within the Moffett Park rates that adversely affect water quality, thereby resulting in Specific Plan area. These measures would reduce the a potentially significant impact. (Potentially Significant potential water quality impacts resulting.from construction Impact If Not Mitigated). and site grading within the Specific Plan area: ~. Future development shall minimize the amount of onsite grading required to the o:tent feasible, and maximize the amount of landscaping in the project desiKn (a minimum o, f20% qf parking lot areas must be Moffett Park Specific Plan S.2-24 Environmental Impact Report LEVEL OF SIGNIFICANCE PROJECT IMPACTS MITIGATION MEASURES AFTER MITIGATION landscaped). ~ All proposed development shall comply with the requirements of the NPDES Permit regarding construction practices, including.filing of a Notice of Intent with the Regional Water Quality Control Board, and the preparation and implementation of a Storm Water Pollution Prevention Plan (SWPPP). Construction Best Management Practices shall be outlined in the SWPPP prior to the commencement of grading on the site, and shall include elements regarding construction site planning, housekeeping practices and material storage, vehicle and equipment fueling and maintenance, erosion and sedimentation controls, slope stabilization, dust control, road and construction entrance stabilization, storm drain inlet protection, and temporary drainage systems. IMPACT 3.7-D: Groundwater Recharge Impacts: Mitieation $. 7-D: Groundwater Recharge: During the Less Than Significant Impact With Implementation of the proposed Moffett Park Specific Plan review of applications for new development, the City of Mitigation would reduce impervious surface area, thereby allowing for Sunnyvale shall consider all opportunities to incorporate additional groundwater recharge. However, since 15% of the open space to enhance groundwater recharge to allow City's water supply is based on ground water supply, additional percolation of surface waters into the groun~ additional mitigation measures should be considered. (Less (Less Than Significant With Mitigation). than Significant Impact). IMPACT 3.7-E: Flooding Impacts: Implementation of the Mitieation $.7-E: Flooding Impacts: The following Less Than Significant Impact With proposed Moffett Park Specific Plan would not alter flood mitigation measures shall be applied prior to the City's Mitigation plain boundaries, but would incrementally increase the risk approval of new development applications within the of exposure to people and property in the event of a flood Specific Plan areas event, which is considered a potentially significant. .:* Utilize most recent FEMA .flood zone map to (Potentially Significant Impact If Not Mitigated). prevent inappropriate development in areus subject to.flooding. · *~ .4# new development or substantial improvement within necessary flood zones shall obtain a Flood Elevation Certificate and meet all municipal code requirements. New development shall show Moffett Park Specific Plan Environmental Impact Report S.2-25 ~ PROJECT IMPACTS MITIGATION MEASURES AFTER MITIGATION evidence of compliance to this requirement prior to receiving certificates of occupancy. ~ Surface Water/Stormwater Quality Mitigation 3.7-F: Sucface Water/Stormwater Quality Less Than Significant Impact With Impacts: Implementation of the proposed project could Impacts: Implementation of Mitigation Measure 4. 7-C, Mitigation generate contaminated runoff during the construction and above, would reduce Surface Water/$tormwater Quality post-construction phases that could violate water quality Impacts to a Less-than-Significant Level (Less Than standards and discharge requirements specified by the State Significant Impact With Mitigation) Water Resources Control Board, which would be a potentially significant impact. (Potentially Significant Impact If Not Mitigated). Moffett Park Specific Plan S,2-26 Environmental Impact Report EXECUTIVE SUIVlMARY LEVEL OF SIGNIFICANCE PROJECT IMPACTS MITIGATION MEASURES AIrFER MITIGATION IMPACT 3.8-1: Land Use Compatibility/Surrounding Land Mitigation Is Not Requirec~ Less Than Signi. ficant Impact Use: The proposed Specific Plan would intenal~ the level of development wjthln the boundaries of the Specific Pinn, potentially increasing ~affic, noise, and aesthetic impacts to existing land uses surrounding the site (Less Than Significant Impact). IMPACT 3.8-2: Land Use Policy/Regulatory Consistency: Mitigation Is Not Requirec~ Le~s Than Significant Impact The proposed project conforms to the goals and policies of the Sunnyvale General Plan's Land Use end Transportation Element, SocioEconomic Element, Environmental Management Element, and other local land use plans. (Less Than Siguificant Impact). IMPACT 3.8-3: Development Impacts: Although Mitigation Is Not Required Less Than $igni. fwant Impact construction of any one development end/or infrastructure improvement within the Moffctt Park Specific Plan area would be short-term in any one location, long-term future development associated with the implementation of the Specific Plan, including an-site consUuction and off-site infrastructure improvements, may result in temporary impacts associated with traffic congestion, air emissions, noise increases, view disruptions, and public safety. Each of the listed impacts is discussed in their respective sections of this Draft EIR. Land use impacts assocint~l with construction activities are a temporary nuisance that are considered to be a lass-then-significant impact (Less Than Significant Impact}. Moffett Park Specific Plan Environmental Impact Report S.2-27 ~ EXECUTIVE SUMMARY LEVEL OF SIGNIFICANCE PROJECT IMPACTS MITIGATION MEASURES AFTER MITIGATION IMPACT 3.9-A: Noise Related to Moffet~ Airfield: A small Mitigation 3.9-A: Noise Related to Moffett Airfield: Prior Leos Than Significant Impact With area within the southwestern portion ofthe prnpused Specific to issuance of building permits for future projects Mitigation Plan area is located between the 65 and 70 CNEL noise developed within the western portion of the Specific Plan contours for the MPA. Additionally the western portion of area, each property owner/developer shall be required to the proposed Specific Plan area would be susceptible to perform a final detailed analysis of interior noise single event noise fi.om routine tests at the NASA Ames reduction requirements and implement the required noise Research Center. Within this location, employees, pa~rans insulation features into the building design of the proposed and members of the public within the proposed Spocifc Plan buildings to ensure that noise levels are reduced to less area would be subjected to excessive aircraR and rocket than significant levels (Less Than Significant Impact With noise (Potentially Significant Impact If Not Mitigated). Mitigation). IMPACT 3.9-B: Noise Related to the Light Rail: The Mitigationls Not Required~ Less Than Significant Impact projected noise levels along the rail line within the existing Moffett Park Business Park range from 62 to 77 dBA. These projections were well under the 85 dBA criterion for allowable passerby noise levels. As such no mitigation measures are required. Increased development that would be facilitated by implementation of the proposed Specific Plan may increase ridership of the rail lines. However, given thc criteria stated above, no additional noise impacts related to tho rail transit system would occur (Less Than Significant Impact). IMPACT 3.9-C: Freeway Traffic Noise: Freeway noise Miti~atton 3.9-C: Freeway Traffic Noise: Prior to the Less Than Significant Impact ~Vith fi.om State Highway 237 would generate noise levels that issuance of building permits for future projects developed Mitigation would exceed City noise standards for the proposed Specific under the guidance of the proposed Specific Plan, the ~ Plan area land uses (Less Than Significant Impact With property owner/developer of such projects shallperform a Mitigation). final detailed analysis of interior noise reduction requirements and implement the required noise insulation features into the building design of the proposed buiMings (in the southwestern portion of the proposed Specific Plan area) to ensure that noise levels ure reduced to less than significant levels (Less Than Significant Impact ~Vith Moffett Park Specific Plan 5.2-28 Environmental Impact Report PRO,~ECT IMPACTS MITIGATION MEASURES AFTER MITIGATION Mitigation). ~ Roadway Traffic Noise: The ~raffic Mitigation Is Not Requirea~ Less Than Significant Impact generation anticipated at build-out of the proposed Specific Plan would increase traffic generated noise to residential sensitive receptors along project affected roadways (Less Than Significant Impact). Moffett Park Specific Plan Environmental Impact Rcpor~ EXECUTIVE ~UMMARY LEVEL OF SIGNIFICANCE PROJECT IMPACTS MITIGATION MEASURES AFTER MITIGATION IMPACT 3.10-A: Regional Population and Housing Impacts: Mitigation 3.10-.4: Population and Housing Impacts: The Significant and Unavoidable Tho proposed Specific Plan would not allow for the future property owners/developers of. future development projects Impact construction of residential units in the Specific Plan Area. within the Moffett Park Specific Plan .4rea shall contribute However, the intensity of future development that could be to the City of Sunnyvale's "Housing Mitigation Fund" us facilitated under the direction of the proposed Specific Plan deemed applicable and appropriate by the City of would generate a substantial number of jobs and would Sunnyvale. The City shall in turn utilize and expend the indirectly induc~ population and housing growth throughout monie, v collected in the Housing Mitigation Fund to reduce the region. (Potentially Significant Impact) the City's housing deficiency in relation to the number of Jobs located in the City. (Significant and Unavoidable Impact). Moffett Park Specific Plan Environmental Impnct Report S.2-30 I ,~'~., EXECUTIVE SUIvlMARY PROJECT IMPACTS MITIGATION MEASURES LEVEL OF SIGNIFICANCE AI~-I'ER MITIGATION IMPACT 3.Il-A: Police Service: The increased daytime population that would be anticipated with implcmentation of the Specific Plan would be expected to generate additional calls for police protection service. Additionally, traffic congestion related to the implementation of the Specific Plan would affect local traffic patterns resulting in potential interference with police response times. These add/tional calls for service would potentially impact the police depamnent's ability to deliver prompt and efficient service. Consequently, implementation of the Specific Plan would result in a potentially significant impact on police services unless m~tlgation Is incorporated (Potentially Significant Impact If Not Mitigated). Mitigation 3.11-4: Police Service: Prior to issuance of building permits, each future development project within the Specific Plan area shall incorporate a comprehensive on-site security system to assist the DPS in reducing the number of potential calls for police protection service. These shall include, at minimum, the following fuatares: ~, .4 lighting plan utilizing a variety of lighting types and features to illuminate the project area at night. Security lighting shall be provided in ali areas that are not visually accessible to police patrols, as determined by the Sunnyvale Department of Public Safety (DPS). Nighttime illumination of buildings, pedestrian walkways and parking areas shall be used to highlight building design features, emphasize prominent entrances and create an atmosphere of security. *~* .4 private security force hired by the property owner/applicant to patrol the. project site during peak crime period af 9:00 a.m. to $:00 p. m. ~ In-progress robbery and burglar detection alarms installed in all project buildings to augment the private security force. '~o .4 public address system for use by private security and the Sunnyvale DPS. Prior to issuance of buildings permits for each future development project within the Specific Plan area, the Sunnyvale DPS shall review building and lighting plans for the purpose af ensuring that the lighting plan meets the minimum requirements needed by the DPS to provide for on-site safety, thereby reducing the potential increase in calls for police protection service (Less Than Significant Impact With Mitigation.). Less Than Significant Impact With Mitigatior~ Moffet~ Park Specific Plan Environmental Impact Report S.2-31 EXECUTIVE SUMMARY ~: Fir~: Implementation of the proposed Mitization 3.11-BI: Prior to approval of each grading Less Than Significant Impact With Specific Plan would be, expected to generate an increase in plan for projects in the Specific Plan area, the property Mitigation annual calls for fire and emergency medical service. The owner/develap shall submit an emergency fire access plan increase in calls could result in the need for additional fu-e to the DPS for review and approval to ensure that service department staff and equipment (Potentially Significant If to the site is in accordance with the DPS service Not Mitigated). requirements. Mitieation 3.11-B2: Prior to issuance of each building permit in the Specific Plan area, plans shall indicate that all buildings, exclusive of parking structures, have sprinklers installed by the property owner/developer in accordance with the City of Sunnyvale Municipal Cod~ Said sprinklers shall be installed prior W each final building and zoning inspectiot~ Mitieation $.11-B3: The City shall monitor its needs and allocate the appropriate funds for additional facilities, staff,, and equipment. [h'tieation 3.11-B4: Prior to issuance of each building permit in the Specific Plan area, the property owner/developer shall submit a Construction Fire Protection Plan, which shall include detailed design, plans for accessibility of emergency fire equipment, fire hydrant locations, and any other construction features required by the Fire Marshal. The property owner/developer shall be responsible for securing facilities acceptable to the DPS and hydrants shall be operational with required fire flow. Mitigation $.I I-B§: Prior to approval of street improvements plans for Specific Plan area, the water supply system shall be designed by the property owner/developer to provide sufficient fire flow pressure and storage for the proposed land use and fire protection system in accordance with DPS requirements. (Less Than Significant Impact With Mitigation). Moffatt Park Specific Plan Environmental Impact Report S.2-32 Schools: The implementation of the Specific Plan would not result in the creation of additional residential units and, ~erefore, would not result in the direct inffoduction of new students to the Sunnyvale and Fremont Union High School Districts. However, implementation of the Specific Plan could result in the indirect generation of additional students as additional employees attracted to housing locations within the school disfficts' boundaries enroll school age children into the corresponding schools. Therefore, implementation of the Specific Plan could potentially result in significant impacts to existing school dis~icta (Potentially Significant Impact If Not Mitigated). Parks: No increased deficit in City paddunds (beyond the 847 acres of City and non- owned parkland identified in the Sunnyvale General Plan) would result from implementation of the proposed Specific Plan. Therefore, no direct impact on park, recreational and community facility services would result (Less Than Significant Impact). Schools: The property owner/developer of each development project within the Specific Plan area would be required to pay school fees to Fremont Union High School District as mitigation for school facilities impacts. Pursuant to Section 65995 (3)(h) of the California Government Code (Senate Bill 50, chaptered August 27, 1998), the payment of statutory fees "...is deemed to be full and complete mitigation of the impacts of any legislative or adjudicative act, or both, involving, but not limited to, the planning, use, or developed of real property, or any change in governmental organization or reorganizatiort-" Therefore, subsequent to payment of[ statutory fees, school impacts would be considered ~e~sh than significant (Less Than Significant Impact Wi Mitigation). Mitigation Is Not Require& Less Than Significant Impact With Mitigation Less Than Significant Impact Moffet~ Park Specific Plan Environmental Impact Report S.2-33 ] EXECUTIVE SUM~L~Y PROJECT IMPACTS MITIGATION MEASURES LEVEL OF SIGNIFICANCE AFTER MITIGATION IMPACT 3.12-A: Freeway Operations: Implementation and subsequent buildout of the proposed Specific Plan would not impact any additional study freeway segments beyond those i impacted under General Plan 2020 Conditions. However, the implementation and subsequent buildout of the proposed Specific Plan would increase the severity and level of significance of impacts along several freeway segntents that would be significantly impacted under General Plan 2020 conditions (Significant and Unavoidable Impact). IMPACT 3.12-B: Isolated Intersections: Implementation and subsequent buildout of the proposed Specific Plan would not impact any additional isolated study intersections beyond those Impacted under General Plan 2020 Conditions. Miti~tation 3.12-A: .4s with implementation of the General Plan 2020, the following freeway segments would need to be widened to provide one additional travel lane to mitigate impacts under the Preferred Alternative (Moffet Park Specific Plan) Conditions: °5° US-IOI northbound south of Montague Eocpre~sway, from Route 237 to Route 85, and north of Shoreline Boulevard US-IOI southbound from Lawrence Expressway to south of Montague Expressway Route 237 eastbound from Route 85 to Central Expressway and from US-IOI to Fair Oa~ ,4venue Route 237 westhound from Central Expressway to El Camino Real Route 85 northbound from south ofi-280 to El Camino Real and from Central Expressway to US-I O I ~b Route 85 southbound from Central Expressway to south ofi-280 · *.* 1-280 southbound from Route 85 to south of Wolfe Road ~* 1-280 northboand from north of Wolfe Road Mitigation of project impacts on freeway segements under General Plan buildout (2020) and Specific Plan conditions would be prohibitively expensive and not reasonably to implement due to significant environmental and right-of-way acquisitions. Therefore, significant and unavoidable impacts to freeway segments would occur as a result of the Specific Plan. Mitigation 3.12-B: The City of Sunnyvale shall be responsible for the implementation of all intersection improvements identified in Table 3.12-14 commensurate with and pursuant to the City of Sunnyvale Transportation Significant and Unavoidable Impact Significant and Unavoidable Impact Moffett Park Specific Plan Environmental Impact R.c~ort S.2-34 LEVEL OF SIGNIFICANCE PROJECT IMPACTS MITIGATION MEASURES AFrER MITIGATION However, the implementation and subsequent buildout of the Strategic Program of the General Plan. Future property proposed Specific Plan would increase the severity and level owners/developers within Moffett Park shall be required to of significance of impacts at several intersections that would pay the City of Sunnyvale all applicable transportation be significantly impacted under General Plan 2020. tees in an amount determined by the City Council conditions (Potentially Significant Impact If Not Mitigated). Resolution in effect at the time of issuance of the building permit. A Citywide Deficiency Plan will be created for offsetting impacts at any intersection where providing additional capacity is determined to be infeasible or undesirable by the City. IMPACT3.12-C: Pursuant to the criteria for the coordinated Impact 3.12-C: Pursuant W the criteria for the Significant and Unavoidable signal system analysis, the Mathilda Avenue corridor would coordinated signal system analysis, the Mathilda Avenue Impact be impacted in the AM Peak hour with implementation of the corridor would be impacted in the AM Peak hour with proposed project. During the AM peak hour, the overall implementation of the proposed project. During the .4M signal system would worsen from LOS B under existing peak hour, the overall signal system wouM worsen from Conditions to LOS E under the Preferred alternative LOS B under existing Conditions to LOS E under the Conditions. In the PM peak hour, the overall corridor level Preferred alternative Conditions. In the PM peak hour, of service wunld worsen from LOS B to LOS D (Potentially the overall corridor level of service would worsen from Significant Impac0. LOS B to LOS D (Potentially Significant Impact). IMPACT 3.12-D: Implementation and subsequent buildout Mitiiration 3.12-D: Refer to Mitigation Measures 3.12-/1, Significant and Unavoidable of the proposed Specific Plan in combination with other 3.12-B, and 3.12-C (Significant and Unavoidable lmpact). Impact pending, approved, and reasonably foreseeable projects would result in potentially significant cumulative traffic impacts (Potentially Significant Impect). IMPACT 3.12-E: The proposed Specific Plan would not Mitigation Is Not Required. Less Than Significant Impact conflict with adopted policies, plans, or programs supporting alternative transportation. On the contrary, it has the potential to encourage the use of public mmsit, walking, and bicycling by increasing development intensities along the light rall corridor and by improving pedestrian and bicycle circulation in the area (Less than Significant Impact). IMPACT 3.12-F: Parking Impacts: Implementation and Mitigation ls Not Required. Less Than Significant lmpact subsequent buildout of the proposed Specific Plan would Moffett Park Specific Plan S.2-35 ~ Environmental Impact Report . ........ EXECUTIVE SUMMARY PR(~JECT IMPACTS increase the density end intensity of development end would create en additional area-wide demand for parking. However, future development in the Specific Plen area would be required to provide adcqua~ on-site parking in accordance with the City of Sunnyvale Zoning Code or a specific standard based on the proposed parking demend end Iprojected utilization of a site specific project (Less Then Significant Impact). IMPACT 3.12-G:Emergency Access: The proposed project would substantially increase uaffic impacts within end proximate to the vicinity of the Specific Plan area, which could possibly reduce the response times of emergency vehicles (Potentially Significent Impact If Not Mitigated). IMPACT 3.12-H: Construction-Related Traffic Impacts: Future development facilitated by the implementation of thc proposed Specific Plen would result in cons~uction-related Uuck traffic, construction worker-related travel, end construction-related demand for parking. Based on the phasing of project construction, a range of impact levels could result from consm~ction trips (Pot~.ntiall~ Si~;ficant If MITIGATION MEASURES Mitigation 3.12-G: Emergency Access: Prior to issuance of the first grading permit for the developments in the Specific Plan area, a final Circulation Plan and the traffic mitigation measures(ns identified in this section of the EIIO shall be submitted for review to the Department of Public Safety (DPS) to ensure that emergency vehicle response times in the project area are not compromised by the decline in level of service operations at the freeway segments or intersections analyzed within the study area. If the DPS determines, following their review of the aforementioned final circulation plan and/or project mitigation measures, that the emergency response times would be compromisea~ then the developer/project applicant shall be required to submit an emergency access plan to the DPS for review and approval to ensure that service to the site and within the project study area is in accordance with the DPS requirements. Said plan shall include detailed design plans for emergency accessibility Less Than Significant Impact With Mitigation). Mitieation 3.12-H: Prior to issuance of each building permit, the project applicant/developer shall limit the time periods of construction to off peak hoars. ,4 construction routing and staging plan shall be prepared subject to the review and approval of the Community Development Department (Less Than Significant Impact With MitigationS. LEVEL OF SIGNIFICANCE AFTER MITIGATION Less Than Significant Impact With Mitigation Less Than Significant Impact With Mitigation Moffctt Park Specific Plan Environmental Impact Report S.2-36 EXECUTIVE SUMMARY Moffett Park Specific Plan Environmental Impact Report S.2-37 EXECUTIVE SUMMARY PROJECT UMPACTS MITIGATION MEASURES LEVEL OF SIGNIFICANCE ~ MITIGATION ~ Potable Water Supply: The existing water supply is appmxlmately 35,000 alTy plus 4 mgd of rec!almed water. At a new water demand of 868.7 afb/, the proposed would r~ult in a 2.5% increase demand over water supply, which is considered a less than Potable Water Distribution Existing potable water distribution lines are insufficiently sized to accommodate potable water and fire flow needs throughout the entire Moffett Park Specific Plan area, resulting in a significant impact (Potentially Significant Impact If Not Mitigated). Mitigation Is Not Required Mitieation 3.13-BI: Prior to the approval of Moffett Park Specific Plan, the City of Sunnyvale shall adopt a Capital Improvement Plan for the identified water distribution improvements necessary to serve the Moffett Park Specific Plan project. The Capital Improvement Plan shall identify the location and types of necessary water distribution line improvements, and estimated costs for the improvements. The Capital Improvement Plan may be reviewed and updated, as necessary, over time. Mitieation $.13-B2: Prior to the approval of any new developments in the Moffett Park Specific Plan area, the Public Works Department shall review plans to identify any projects whtch may generate the need for water distribution line improvements as identified in the Capital Improvement Plan. Prior to the approval of any new projects in the Moffett Park Specific Plan area identified by the Public Worl~ Department as generating the need for capital improvements, the City of Sunnyvale shall require the project applicants to either pay of "fair share" fees towards specified capital improvements, or to make the improvements (Less Than Significant Impact With Mitigation). Less Than Significant Impact Less Than Significant Impact With Mitigation Moffett Park Specific Plan S.2-38 ~ Environmental Impact Report ~-~ . LEVEL OF SIGNIFICANCE PROJECT IMPACTS MITIGATION MEASURES AFTER MITIGATION IMPA(~T ~;,13-C: Reclaimed Water Supply and Distribution: Mitigation Is Not Required. Less Than Significant Impact Reclaimed water is used to reduce potable water demands for such uses as landscaping and irrigation. This water is delivered through a separate distribution system than potable water and would not reduce the available capacity in existing potable water lines. Consequently, reclaimed water would be beneficial to overall water availability and would not reduce capacity in potable water distribution systems resulting in a less than significant impact to water supply and distribution (Less Than Significant Impact). IMPACT 3.13-D: The existing water quality monitoring Mitigation Is Not Required. Less Than Significant Impact system in the City of Sunnyvale results in water quality levels that either meet or exceeds federal or state requirements. The addition of new development in the Moffett Park Specific Plan area would not modify water quality monitoring systems and, therefore, future water supply is anticipated to meet or exceed federal or state standards, resulting in a less than significant impact (Less Than Significant impact). IMPACT 3.13-E: Wastewater Treatmant Capacity: The Mitigation Is Not Required Less Than Significant Impact proposed project would allow for the intensification of land uses which would be similar in nature to existing land uses in MoffcR Park. The project would allow for an additional 8,794,516 s.f. of development, generating a new demand of approximately 2.49 mgd, or 8% of the total 29.5 mgd of Water Pollution Con~'ol Plant capacity. Since sufficient wastewater treatment capacity is available to serve proposed project development, a less than significant impact to wastewater treatment plant capacity would result (Less Than Significant Impact). IMPACT 3.13-F: Waatewater collection and conveyance ~: Prior to the approval of Mo. ffett Park Less Than Significant Impact With lines currently serve developmant throughout Moffett Park. Specific Plan, the City of Sunnyvale shall adopt a CapitalMitigation However, the existing collection and conveyance lines would Improvement Plan /or the identified waste~ator Moffett Park Specific Plan Environmental Impact Report S.2-39 ~ LEVEL OF SIGNIFICANCE PROJECT IMPACTS MITIGATION MEASURES AFTER MITIGATION be insufficient in certain areas to accommodate the addition improvements necessary to serve the Moffett Park Specific of 8,794,516 s.f. of development and, therefore, a significant Plan project. The Capital Improvement Plan shall identify impact to wastewatcr collection and conveyance would result the location and types of necessary wastewater collection (Potentially Significant Impact If Not Mitigated). and conveyance line improvements, and estimated costs for the improvements. The Capital Improvement Plan may be reviewed and update& as necessary, over time. Mitieation 3.13-F2: Prior to the approval of any new developments in the Moffett Park Specific Plan area, the Public Works Department shall review plans to identify any projects that may generate the need for wastewater collection and conveyance line improvements as identified in the Capital Improvement Plan Prior to the approval of any new projects in the Moffett Park Specific Plan area identified by the Public Works Department as generating the need for capital improvements, the City of Sunnyvale shall require the project applicants to either pay fees for a "fair share" towards specified capital improvements, or to make the improvements (Less Than Significant Impact With Mitigation). IMPACT 3.13-G: Short-Term Solid Waste: The proposed I Mitigationls Not Required. Less Than Significant Impact 'project would generate short-term construction and demolition debris during construction which would be disposed of in a Class II or Class III landfill. The Kirby Canyon Landfill and the SMART Station have sufficient rema'ming capacity to accept consm~ction-related wastes and debris through 2021. Themforo, the project would result in a less-than-significant short-term construction impact (Less Than Significant Impact). IMPACT 3.13-H: Long-term Solid Waste: Daily office Mitigation $.13-H1: Prior to issuance of the first building Less Than Significant Impact ~Vith operations of specific plan land uses would generate solid permit, the applicant shallsubmit a Solid Waste/Recycling Mitigation waste that would have a IonB-term impact on solid waste Management Plan,for City staff review and approval. ,4t Moffett Park Specific Plan S.2-40 Environmental Impact Report LEVEL OF SIGNIFICANCE PROJECT IMPACTS MITIGATION MEASURES AVFER MITIGATION services and landfill capacity. Although the City's landfill minimum, this plan shall include bin sizes and locations and ~'ansfer station contractual arrangements are in place for solid waste, and the allocation of separate bins for until at least 2021, the proposed project would substantially paper, glass, plastic, newspaper, cardboard or other increase the amount of solid waste generated at the proposed recyclable. project site (Potentially Significant Impact If Not Mitigated). IMPACT 3.13-I: Future development projects that would Mitigation 3.13-I: In order to reduce escalating energy Less Than Significant Impact With occur with the implementation and subsequent buildout of demands generated by implementation of future projects Mitigation the proposed Specific Plan would increase the demand for or the subsequent increase in building intensity FAR, all Ele¢~'ical and Gas utility services and may require the future development projects in the Moffett Park Specific relocation and/or under grounding of existing and future Plan area shall be required to implement the following utility lines (Potentially Significant Impact If Not Mitigated). mitigation measures: · Prior to issuance of all building permits, the City of Sunnyvale shall review project plans to ensure that the project is designed in accordance with the energy conservation measures under Title 24 of the California Hdministrative Code. · The City of Sunnyvale shall require that new development within the Specific Plan area prepare an energy conservation plan as part of the development applicatior~ The plans shall include techniques to minimize the use of electricity. Techniques may include, but are not limited to, the following: ~ Lighting: use of fluorescent light bulbs, motion detections systems for lights, and task lighting ~' Heating and Cooling: use of energy e~cient HVAC systems, evaporative condensers, PG&E equipment rebates, solar chimneys, roof wetting systems during summer months, automatic louvers, and high efficiency fans. ~ .4ppliances: use of computers and appliances with energy star labels ~ Building and site: Installation of spectrally- selective windows, perimeter blinds, ener~, Moffett Park Specific Plan Environmental Impact Report S.2-41 ~ LEVEL OF SIGNIFICANCE PROJECT IMPACTS MITIGATION MEASURES AFTER MITIGATION efficient installation, skylights, tightly sealed duct connections, movable awnings, and landscaping and trees to provide shade. ~ Policies: company policies that require employees to turn off computers, lights, printers, copy machines, etc. when operation is not necessary (Less Than Significant Impact With Mitigation). IMPACT 3.13-J: Telephone and Data Transmission Service: Mitigation Is Not Require& Less Than Significant Impact Future implementation of the proposed Specific Plan could result in the demand for additional telephone services and/ur data transmission lines on a project-by-project basis, and may require minor improvements to the existing telephone utility and/or data transmission infrastructure. SBC Communications, Inc. reports that it has the capability and resources to accommodate fimn'e improvements that may be ' required in the Plan area (Brace Bowhall; SBC Communications, Inc./Pacific Bell; November 1, 2001) (Less Than Si.,~,nificant Impact). Moffett Park Specific Plan S.2-42 Environmental Impact Report EXECUTIVE SUlvI~L~RY Future cons~uction activities under the direction of the Specific Plan would result in short term and temporary visual impacts. The consUuction of pending and approved projects near thc site and within the region would permanently alter the usturc and appearance of thc area. This would occur through the loss of vacant land and the replacement of underutilized land uses with active urban uses. New building materials, streetlights, and security lighting would also be introduced, which would increase potential light and ~lare impacts. Mitigation measures to reduce potentially significant impacts (dust control, fencing, and screening, etc.) would be implemented on a project-by-project basis. The cumulative visual impacts related to the construction of pending/approved and reasonably foreseeable projects in the City of Sunnyvale would also be mitigated on a project-by-project basis. The visual impacts of development projects are generally assessed and mitigated on a project-by-project basis. All development projects in the City of Sunnyvale would be required to comply with the City's building and site design standards and policies, including the policies and standards in the City's General Plan, Zoning Code, and City Wide and Industrial Design Guidelines. Less Than Significant Impact Less Than Significant Impact Moffet~ Park Specific Plan Environmental Impact Report S.2-43 EXECUTIVE SUMMARY Future development that would be facilitated by the implementation of the proposed Moffett Park Specific Plan would potentially result in significant short-term construction related air qualit~ impacts. Development under the proposed Specific Plan, along with other anticipated Citywide, related and/or pending projects, would result in a cumulative air quality impact. Development under the proposed Specific Plan, in combination with other development in the area, would have direct cumulative air quality impacts due to increased vehicle miles Uaveled and the ongoing nature of operational emissions and indirectly due to cumulative impacts of energy consumption. These impacts are generally mitigated through adherence to Air Qualify Control measures outlined by the Bay Area Air Qualify Management District (BAAQMD). Mitigation of cumulative air qualify impacts is accomplished at the regional, state and federal level through rules and regulations, as well as at the local level through each City's implementation of TDM programs and project-specific construction and operational measures. However, based on the existing volume of vehicles, traJ~Tc conditions and the amount of project related increase, development under the Specific Plan would generate a cumulatively considerable increase and would therefore be a si~nifcant and unavoidable impact. Less Than Significant Impact Significant and Unavoidable Impact Moffet~ Park Specific Plan Environmental Impact Report S.2-44 EXECUTIVE SUMMARY Moffett Park Specific Plan Environmental Impact Report S.2-45 EXECUTIVE SUMMARY Moffett Park Specific Plan Environmental Impact Report S.2-46 EXECUTIVE SUMMARY Future development that would be facilitated by the implementation of the proposed Specific Plan would require site-specific and project-specific grading, engineering, and construction techniques to reduce potential geologic hazards. Cumulative development projects in the City would encounter geologic and seismic risks based on their individual site constraints. The development of cumulative projects would increese the development densities in the City of Sunnyvale and would expose more persons and property to potential impacts due to seismic hazards. Impacts related to future development projects would also be assessed and mitigated on a project-project basis. On a project-by-project basis, construction in accordance with the standards of the Uniform Building Code would reduce the cumulative potential for structural damage due to seismic activity to the maximum extent feasible. In addition, potential geology and soil impacts would be mitigated on a project-by-project basis. Mitigation measures may include, but are not limited to, erosion control measures, remedial grading techniques, setbacks from on-site geologic hazards, and special foundation design, such as post-tensioned slabs, pre-saturation ~eootin~s, and on-~rade slabs. Less Than Significant Impact Less Than Significant Impact Moffett Park Specific Plan Environmental Impact Report S.2-47 ~ I EXECUTIVE SUMMARY LEVEL OF SIGNIFICANCE CUMULATIVE IMPACTS MITIGATION MEASURES AFTER MITIGATION Future development that would be facilitated by the All future development within the City is subject to the Less Than Significant Impact implementation of the proposed Specific Plan and the on- going development of individual projects in the City of Sunnyvale would require hazardous materials analysis at a minimum level equivalent to that required for CEQA clearance. federal, state and local compliance regulations regarding the treatment, storage and clean-up of hazardous materials. Said compliance is required independent of the CEQA process. Compliance with federal, state and local requirements would result in a less-than-significant impact on a loroject-b~-project basis. Moffett Park Specific Plan Environmental Impact Report S,2-48 Future development that would be facilitated by the implementation of the proposed Specific Plan would result in alterations to drainage pattern and flow rates in the project vicinity. Cumulative development in the project area may increase the quantities of urban pollutants (oil, gas, lead, heavy metals, solvents, etc.) that enter the local drainage system. Because all stormwater in the City of Sunnyvale ultimatcly entcrs the San Francisco Bay, the cumulative effect of new development in the City of Sunnyvale and the Bay Area may have a significant adverse effect on water quality in the Bay and local drainage ways. Impacts would be mitigated on a project-by-project basis because each project would be required to be designed to minimize both the volume and velocity of surface runoff through the proper design of subsurface drains, on-site retention, appropriate grading and construction best management practices, and landscat~in~ Pro~rams. The Clean Water .4ct prohibits the discharge of pollutants into waters of the United States unless the discharge complies with a National Discharge Elimination System OVPDES) permit. Certain industries and construction projects specified by the U.S. Environmental Protection Agency must obtain a NPDES permit in order to discharge stormwater runoff The federal NPDES permit program requires that subject municipalities develop, implement, and enforce construction and post-construction controls to reduce the discharge of pollutants J~om storm drain systems that receive runoff fi'om areas of new development and significant redevelopment. Within this regulatory context, developers and municipal permitting agencies are required to implement controls that reduce pollutants carried in runoff Controls and techniques that may be used to reduce pollutants may include on-site detentior~ biofiltration, and storm drain filtering practices. Each pending, approved, and future development projects in the Moffett Park area and the City of Sunnyvale would have to comply with the NPDES Permit discharge requirements, as implemented by City of Sunnyvale, for both construction and post-construction phases of the projects. Compliance with the NPDES requirements would reduce the potential for water quality impacts. Therefore, the proposed Specific Plan's incremental contribution to potential cumulative water quall~ Im~ncts would be considered less than si~nifcant. Less Than Significant Impact Less Than Significant Impact Moffett Park Specific Plan Environmental Impact Report S.249 EXECUTIVE SUMMARY Moffett Park Specific Plan Environmental Impact Report S,2-50 EXECUTIVE SUMMARY Increased traffic volumes resulting from future development projects in the City of Sunnyvale are anticipated to increases vehicular noise levels along major thoroughfares in the project area. Although residences and other sensitive receptors located along these thoroughfares may be currently impacted by existing ~raffic noise, baseline conditions would be further impacted by cumulative traffic conditions. In addition to traffic noise, cumulative development projects would increase the ambient noise levels within the City of Sunnyvale as a result of short-term construction activities end lon~-term o~erations. In order to mitigate adverse construction noise impacts, development proposals are reviewed for compliance with the standards set forth in the Noise Sub-Element of the Sunnyvale General Platt Noise attenuation measures would be required for new developments, where necessary, to comply with specific interior and exterior noise levels. Potential noise impacts associated with implementation of the proposed Specific Plan would be mitigated on an individual, project-by-project basis as future sites are developed. See above Impacts would be evaluated on a project-by-project basis Impacts would be evaluated on a project-by-project basis Moffett Park Specific Plan Environmental Impact Report S.2-51 IIEXECUTIVE '[he cumulative effects of the pending and approved projects in the City of Sunnyvale would increase the number of jobs in the City, causing a fur&er imbalance in the local and regional jobs/housing ratio. In addition, the implementation of the NASA Ames Development Plan and other ongoing development projects would further con~ibute to the jobs- hounln~, imbalance in the Cit~ and the re~;ion. Displacement impacts of pending and approved projects would be assessed and mitigated on a project-by-project basis. The incremental contributions to cumulative growth-inducing impacts would be considered significant. Moffett Park Specific Plan Environmental Impact Report ....... ~ ~ $.2-52 I EXECUTIVE SUMMARY Development of proposed, approved and reasonably foreseeable projects, including projects facilitated by the Moffett Park Specific Plan, would result in increased demands upon existing public services, including police, fire, parks, and schools. Mitigation measures would be implemented on a project- by-project basis. These mitigation measures include payment of development impact fees for new fire/police equipment and facilities, the use of on-site security, and payment of development fees for school facilities. Other proposed and approved projects in the City of Sunnyvale would be required to pay similar fees based on the nature o~e the project and its impact on public services. Less Than Significant Impact Moffett Park Specific Plan Environmental Impact Report S.2-53 II EXECUTWE SUMM.,~Y Moffett Pa~k Specific Plan Environmental Impact Report S.2-54 EXECUTIVE SUMMARY Future development that would be facilitated by the implementation of the proposed Moffett Park Specific Plan would result in less-than-significant impacts related to water, eleclricity, natural gas, telephone, and cable. Water supplies to serve the pending and approved projects in the City of Sunnyvale, including the future implementation of the Moffett Park Specific Plan and the NASA Ames Development Plan, as well as other existing developments in the region during drought years cannot be ensured (NASA Ames Development Plan Draft EIS). Therefore, potentially significant water supply impacts could occur in the region durin~ a period of severe drought. The development of pending and approved projects in the City of Sunnyvale may exceed the capacity of the sewer mains that serve individual project sites. The cumulative effects of pending and approved projects in the region would further impact existing eleclrical utility supplies and may contribute to future rolling blackouts in the event of recurring statewide energy shortages. Future projects in the Specific Plan area would require the construction of new sewer facilities and the implementation of a Solid Waste/Recycling Management Plan to mitigate potentially significant impacts. With I mitigation, these potentially significant impacts would be reduced to less than significant levels. Although mitigation measures cannot be implemented to prevent naturally occurring catastrophic events such as : drought, individual impacts of development projects are assessed and mitigated on a project-by-project basis. Sewer mains would have to be upgraded, as appropriate on a project-by-project basis, as mitigation to adequately serve existing development. The individual impacts future development would be assessed and mitigated on a project-by-project basis. To reduce cumulative energy impacts, additional electrical power plant facilities need to be constructe& In order to reduce energy demands generated by future projects, the projects would be required to adhere to energy conservation measures under Title 24 of the California Administrative Code. The individual impacts of other pending and approved projects would be assessed and miti~{ated on a l~roject-b~-project basis. Less Than Significant Impact Potentially significant water supply impacts could occur in the region during a period of severe drought. £ess Than Significant Impact The incremental contributions to cumulative electrical utility impacts would be considered potentially significant. Moffett Park Specific Plan Environmental Impact Report S.2-55 ./ Moffe# Federal Aidleld WPCP Oxidation Pond Closed Sunnyvale Landfill Sunnyvale Boylan~ Pa~ CO NBIJI-TIN 6 MOFFETT PARK SPECIFIC PLAN EIR Local Vicinity Map Exhibit 2-2 CITY OF CUPERTINO City Hall 10300 To~e Avenue Cupertino, CA 95014-3255 Telephone: (408) 777-3220 Fax: (408)777-3366 DEPARTMENT OF ADMINISTRATIVE SERVICES SUMMARY Agenda Item No. Meeting Date: November 18, 2002 SUBJECT AND ISSUE Approve reclassification of General Fund Reserves. BACKGROUND The City maintains general fund reserves for economic uncertainty, disaster preparedness and Capital Improvement Projects (C1P). On August 8, 2000, City Council discussed the composition of these reserves and adequate levels for each. Council agreed to the following: v~ Economic Uncertainty - maintain 8-10% of general fund operating expenditures, or approximately $2.5 million. ,/ Disaster Preparedness - maintain $7.5 million. ,/ CIP base - maintain $5 million for acquisition of land or improvements for future city use. · / CIP 5 year funding plan - transfer all excess reserves over the $15 million noted above and general fund net income each year to the CIP fund for appropriation of current and future capital improvement projects. Given recent trends with our State and Federal govemment, the city would be better served by consolidating the $7.5 million Disaster Preparedness Reserve into the Economic Uncertainty Reserve. RECOMMENDATION: Staff recommends that the Council formally adopt a modification to our current policy which eliminates the Disaster Preparedness Reserve and increases our Economic Uncertainty Reserve to $10 million. Submitted by: Carol A. Atwood Director of Administrative Services Approved for submission: David W. Knapp City Manager Pnsted on Recycled Paper CUPEI{,.TINO. city Uall 10300 Torte Avenue Cupertino, CA 95014-3255 Telephone: (408) 777-3210 FAX: (408) 777-3366 Website: www.cupertino.org PARKS AND RECREATION DEPARTMENT STAFF REPORT Agenda Item Number II Agenda Date: November 18, 2002 SUBJECT AND ISSUE: Approve request from the Pacific Scribes calligraphy guild for waiver of fees in the approximate amount of $262.50 for use of the Senior Center's reception hall on December 6 to hold their 13th annual Holiday Card Exchange. BACKGROUND: The Pacific Scribes, a nonprofit organization of teachers and students, is holding their 13th annual Holiday Card Exchange. This is a favorite social event and excellent learning experience for members and visiting students. See attached letter for other background information. STAFF RECOMMENDATION: Staff recommends that City Council waive the Pacific Scribes' room reservation fees in the approximate amount of $262.50. SUBMITTED BY: APPROVED FOR SUBMISSION: ~rector Parks and Recreation David W. Knapp, City Manager Printed on Recycled Pal~er 1962 Parks & Recreation ? 2002 II - I November 4, 2002 Ms. Therese Smith, Director Parks and Recreation City of Cupertino Dear Ms. Smith: I would like to request a fee waiver on behalf of the Pacific Scribes calligraphy guild for use of the Reception Hall at the Cupertino Senior Center on Friday, December 6, 2002. Pacific Scribes is a non-profit organization of teachers and students with common interests. We just celebrated our 20a Anniversary with a dinner and program in the Cupertino Room. Thirty-five of our members exhibited their work in the hallway of the Quinlan Center during the month of September. Early in September nine of our members and a guest speaker gave a slide presentation at Homestead High School followed by a time for members to letter names for students. I have been a calligraphy teacher for many years, beginning at the Senior Center and moving to the Quinlan Center when it opened. This is our thirteenth year for the Holiday Card Exchange and members, students and guests are excited. This is a favorite social event and excellent learning experience for our members and visking students. We appreciate your consideration of our request. Sincerely, oAnn Barney, Coordinator Holiday Card Exchange CUPEP INO Ci~ H~ll 10300 Torte Avenue Cupertino, CA 95014-3255 Telephone: (408) 777-3210 FAX: (408) 777-3366 Website: www.cupertino.org PARKS AND RECREATION DEPARTMENT Agenda Item Number / SUBJECT AND ISSUE: STAFF REPORT Agenda Date: November 18, 2002 Approve a request from the Lunar New Year Unity Parade Committee for waiver of fees in the approximate amount of $240.00 for use of the Senior Center's reception hall on November 24 to hold a fundraising reception for their 2003 parade in Cupertino. BACKGROUND: The Lunar New Year Unity Parade Committee, a Cupertino-based, nonprofit organization whose members include city government staff, will be hosting its first parade on March 8, 2003. In an effort to raise funds for this event, the committee has organized a fundraising reception that will be opened to the public on November 24 at the Senior Center. STAFF RECOMMENDATION: Staff recommends that the City Council waive the room reservation fees in the approximate amount of $240.00. SUBMITTED BY: APPROVED FOR SUBMISSION: Therese Ambrosi Smith, Director Parks and Recreation Department Davi W.~app, City Manager Printed on Recycled Paper Parks & Recreation 2002 /o~-/ CUPE INO City Hall 10300 Torte Avenue Cupertino, Californ ia 95014 Phone (408) 777-3312 Fab (408) 777-3366 OFFICE OF THE CITY MANAGER SUMMARY AGENDA ITEM NUMBER AGENDA DATE SUBJECT AND ISSUE Application for Alcoholic Beverage License. BACKGROUND Name of Business: Location: Type of Business: Type of License: Reason for Application: House of Sichuan 20007 Stevens Creek Boulevard Restaurant On-Sale Beer and Wine for Bona Fide Public Eating Place Person to Person Transfer RECOMMENDATION 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: Ciddy Wordell, City Planner David W. Knapp, City Manager G:plarming/misc/houseo fsichuan Pt~nted on Recycled Paper State of California Department of Alcoholic Beverage Control APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE(S) ABC 211 (6/99) TO: Department of Alcoholic Beverage Control 100 Pasco 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: 394867 Receipt Number: 1396956 Geographical Code: 4303 Copies Mailed Date: November 7, 2002 Issued Date: CHAN PETER HONG IENG HOUSE OF SICHUAN 20007 STEVENS CREEK BLVD CUPERTINO, CA 95014 SANTA CLARA Yes Census Tract 5081.01 317744 /LAN KATHY LINI Dropping Partner: Yes No __~ ~ Transaction Tyne Fee Type Master 41 ON-SALE BEER AND PERSON TO PERSON TRANSF NA Y 41 ON-SALE BEER AND ANNUALFEE NA Y 41 ON-SALE BEER AND STATE FINGERPRINTS NA N Dut~ Date Fee 0 11/07/02 $150.00 0 11/07/02 $276.00 I I 1/07/02 $39.00 Total $465.00 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 the above questions on an attachment which shall be deemed 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 S,'~iq'iA CLARA Date: November 7, 2002 Under penalty of perjury, each person whose signature appears below, eetlifies and says: (1) He is an applicant, or one of the applicants, or an executive officer of the applicant corporation, named in the foregoing application, duly authorized to make this application on its behalf; (2} that he has read the foregoing and knows the contents thereof and that each of the above statements therein made are true; (3) 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; (d) that the transfer application or proposed transfer is not made to satisfy the payment of a loan or to fulfill an agreement entered into more than ninety (90) days preceding the day on which the transfer 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 creditor of transferor; (5) that the transfer application may be withdrawn by either the applicant or the licensee with no resulting Iiability to the Department. Applicant Name(s) CHAN PETER HONG IENG Appli~ff,~n~ure~ CITY OF CUPER TINO 10300Torre Avenue Cupertino, CA 95014 (408)777-3308 FAX(a08)777-3333 AGENDA NO. /~,' Community Development Department SUMMARY AGENDA DATE November 18, 2002 SUMMARY: Review the environmental assessment for a pedestrian and bicycle footbridge and related site and landscaping improvements, application EA-2002-21, City of Cupertino, Mary Avenue right-of-way across Interstate 280 between Homestead Road and Meteor Drive. RECOMMENDATION: The Planning Commission recommends approving the Mitigated Negative Declaration based on the Environmental Review Committee recommendation. The City Council's options are: 1. Approve or deny the Mitigated Negative Declaration DISCUSSION: Planning Commission: The Planning Commission unanimously recommended that the Mitigated Negative Declaration be approved. The Commission considered the design to be attractive, and recommended that the landscaping plan be enhanced to screen sound walls to improve aesthetics and prevent graffiti. Public: Ms. Anna Black spoke in opposition, stating that it was unnecessary. Prepared by: Peter Gilli, Associate Planner Submi d by: Stev~aseck~ - - - Director of Community Development Approved by: David W. Knapp City Manager Enclosures: Planning Commission Staff Report and enclosures, November 12, 2002 Negative Declaration /5'! Printed on Recycled Paper EA-2002-21 November 12, 2002 Page 2 Light The project will result in additional light sources in the area. The on-bridge lighting is designed so that it will not impact drivers on Interstate 280 (page 22). Lighting in the form of bollards and overhead lights are shown in photographs of the model (pages 23, 24 and 26). The lighting in this area must be adequate for the safety of users of the bridge and the related landscaped areas and sensitive to the existing single-family residents abutting the project site. Careful review of the lighting impacts at the final design phase is necessary to minimize its adverse impacts. Specific mitigation measures shall includet but are not limited to, screening, shifting light fixture locations and adjusting the lighting intensi _ty. Geology William Lettis & Associates, Inc (WLA) provided a preliminary geotechnical report of the project site, and the results are included in the Feasibility Study starting on page 122. The report anticipates no unusual conditions or constraints at the site, but does recommend additional study once the final design is made. Such review is typical for projects at the building design phase. As a mitigation measure, additional geologic analysis will necessary at the final design stage to ensure public safety. Noise The project will result in temporary or periodic increase in noise levels due to bicyclists and pedestrians using the facility. Neighbors in the area have raised concerns over the possibility of loitering and petty crimes, which could translate into noise impacts. A summary of all local resident concerns is included in the Feasibility Study on page 95- 112. The feasibility study proposes acoustical screening for the lower portions of the ramping. Figure 14 on page 27 of the study shows barrier planting and a sound wall separating the travel path from the buffer zone. Figure 15 shows the buffer zone, which will be accessible only to public safety officials and maintenance staff. The buffer zone is kept clear of obstructions to allow for improved surveillance by the Sheriff's department. Section D and E on pages 20 and 21 show section views of the facility and its interface with&he residents on Nathanson in Cupertino. Staff believes the design elements described in the feasibility study reduce the noise impact associated with the project to less than significant levels. EA-2002-21 November 12, 2002 Page 3 Public Services (Police) The project will create additional areas that need to be patrolled by the Sheriff's Department. The Sheriff's Department was involved in the preparation of the feasibility study and has no additional comments. Transportation The project provides opportunities for alternative transportation by providing a pedestrian and bicycle linkage between two separated suburban areas, which staff considers to be a positive impact. Prepared by: Approved by: Peter Gilli, Associate Planner Steve Piasecki, Director of Community Developme~ Attachments Recommendation of Environmental Review Committee Initial Study Final Report: Mary Avenue Bicycle Footbridge Feasibility Study CITY OF CUPERTINO RECOMMENDATION OF ENVIRONMENTAL REVIEW COMMITTEE October 9, 2002 As provided by the Environmental Assessment Procedure, adopted by the City Council of the City of Cupertino on May 27, 1983, as amended, the following described project was reviewed by the Environmental Review Committee of the City of Cupertino on October 9, 2002. PROJECT DESCRIPTION AND LOCATION Application No.: Applicant: Location: CP-2002-04 (EA-2002-21) City of Cupertino Mary Avenue right-of-way across Interstate 280 between Homestead Road and Meteor Drive DISCRETIONARY ACTION REQUEST Pedestrian and bicycle footbridge and related site and landscaping improvements. FINDINGS OF THE ENVIRONMENTAL REVIEW COMMITTEE The Envirorrmental Review Committee recommends the granting of a Mitigated Negativ~ Declaration requiring additional review of the geology at the final design Steve Piasec~:i Director of Community Development g/erc/REC EA-2002-21 CUPEI[TINO City of Cupertino 10300 Torre Avenue Cupertino, CA 95014 (408) 777-3251 FAX (408) 777-3333 Community Development Department ~ffuse on!y lEA Fiie No. EA-2002-21 ~Case File N~04 PROJECT DESCRIPTION: ~Attachments ~ ~ Study Project Title: Mary Avenue Bicycle Pedestrian Footbridqe Project Location: Mary Avenue riqht-of-way across Interstate 280 between Homestead Road and Meteor Drive Project Description: Pedestrian and bicycle footbrid,qe and related site and landscapin,q improvements. Environmental Setting: The project site consists of unimproved dqht-of-way that was previously planned as a vehicular freeway overpass. Sin,qle-famiiy residences are present to the southeast and northwest of the subject site; a hiqh school is northeast of the site; and a mini-stora,qe facility and the City of Cupertino Corporation Yard is located southwest of the site. interstate 280 passes throu,qh the proiect area in a west-east direction. The Interstate is below the ,qrade level of all adjacent uses. PROJECT DESCRIPTION: Project Area - 5.9 acres Building Coverage- N/A % Exist. Building - N/A s.f. Proposed Bldg.- N/A s.f. Zone- T G.P. Designation - N/A Assessor's Parcel No. - N/A If Residential, Units/Gross Acre - NIA Total# Rental/Own Bdrms Total s.f, Price Unit Type #1 Unit Type #2 Unit Type #3 Unit Type #4 Unit Type #5 Applicable Special Area Plans: (Check) [] Monta Vista Design Guidelines [] S. De Anza Conceptual [] N. De Anza Conceptual [] S. Sara-Sunny Conceptual [] Stevens Crk Blvd. Conceptual [] Stevens Creek Blvd. SW & Landscape If Non-Residential, Building Area - N/A s.f. Employees/Shift - N/A Parking Required N/A Project Site is Within Cupertino Urban Sewice Area - FAR- N/A Max. Parking Provided N/A YES X NO .A. CUPERTINO GENERAL PLAN SOURCES 1. Land Use Element 2. Public Safety Element 3. Housing Element 4. Transportation Element 5. Environmental Resources 6. Appendix A- Hillside Development 7. Land Use Map 8. Noise Element Amendment 9. City Ridgeline Policy 10. Constraint Maps B. CUPERTINO SOURCE DOCUMENTS 11. Tree Preservation ordinance 778 12. CityAerial Photography Maps 13. "Cupertino Chronicle" (California History Center, 1976) 14. Geological Report (site specific) 15. Parking Ordinance 1277 '16. Zoning Map '17. Zoning Code/Specific Plan Documents 18. City Noise Ordinance C. CITYAGENClES Site 19. Community Development Dept. List 20. Public Works Dept. 21. Parks & Recreation Department 22. Cupertino Water Utility OUTSIDE AGENCIES 23. County Planning Department 24. Adjacent Cities' Planning Departments 25. County Departmental of Environmental Health OUTSIDE AGENCIES (Continued) 26. Midpeninsula Regional Open Space District 27. County Parks and Recreation Department 28. Cupertino Sanitary District 29, Fremont Union High School District 30. Cupertino Union School Distdct 31. Pacific Gas and Electric 32. Santa Clara County Fire Department 33. County Shedff 34, CALTRANS 35, County Transportation Agency 36, Santa Clara Valley Water Distdct OUTSIDE AGENCY DOCUMENTS 37. BAAQMD Survey of Contaminant Excesses 38. FEMA Flood MapslSCVWD Flood Maps 39. USDA, "Soils of Santa Clara County" 40. County Hazardous Waste Management ' Plan 41. County Heritage Resources Inventory 42. Santa Clara Valley Water District Fuel Leak Site 43. CalEPA Hazardous Waste and Substances Site OTHER SOURCES 44. Project Plan Se'dApplicafion Materials 45. Field Reconnaissance 46. Experience wlproject of similar scope/characteristics 47. ABAG Projection Series A. Complete all information requested on the Initial Study Cover page. LEAVE BLANK SPACES ONLY WHEN A SPECIFIC ITEM IS NOT APPLICABLE. B. Consult the Initial Study Soume List; use the materials listed therein to complete, the checklist information in Categories A through O. C. You are encouraged to cite other relevant soumes; if such sources are used, job in their title(s) in the "Soume" column next to the question to which they relate. D. If you check any of the "YES" response to any questions, you must attach a sheet explaining the potential impact and suggest mitigation if needed. E. When explaining any yes response, label your answer clearly (Example "N - 3 Historical") Please try to respond concisely, and place as many explanatory responses as possible on each paqe. F. ~ Upon completing the checklist, sign and date the Preparer's Affidavit. Please attach the following materials before submitting the Initial Study to the City. ,/Project Plan Set of Legislative Document ,/Location map with site clearly marked (when applicable) EVALUATION OF ENVIRONMENTAL IMPACTS: ISSUES= Information ~= o~ c~ ¢:E I-~ ~.~ ~ ~o -° O. [and Supporting Sources] ~ ~ - I. AESTHETICS - Would the project: a) Have a substantial adverse effect on a [] [] [] [] scenic vista? [5,9,24,41,44] b) Substantially damage scenic resoumes, [] [] [] [] including, but not limited to, trees, reck outcroppings, and historic buildings within a state scenic highway? [5,9,11,24,34,41,44] c) Substantially degrade the existing visual [] [] [] [] character or quality of the site and its surroundings? [1,17,19,44] d) Create a new source of substantial light or [] [] [] [] glare, which would adversely affect day or nighttime views in the area? [1,16,44] When traveling northbound on Interstate 280, drivers have a view of the hillsides in~ west Cupertino. Drivers who find the design of the bridge objectionable may I consider' it a substantial adverse impact o~! the view. DEe t-o-~;-~-n-~l-a['~;; of the bridge, the perceived negative impact of the bridge should be insignificant. The bridge and pathways will include lighting for safety. Exhibits in the feasibility study show Iow bollards, not overhead lighting. The final lighting design must be reviewed to ensure that adequate lighting for safety is provided while not affecting neighboring property owners and drivers on the Interstate. II. AGRICULTURE RESOURCES: In determining whether impacts to agricultural resources are significant environmental effects, lead agencies may refer to the California Agricultural Land Evaluation and Site Assessment Model (1997) prepared by the California Dept. of Conservation as an optional model to use in assessing impacts on agriculture and farmland. Would the project: a) Convert Prime Farmland, Unique [] [] [] [] Farmland, or Farmland of Statewide Importance (Farmland), as shown on the maps prepared pursuant to the Farmland Mapping and Monitoring Program of the California Resources Agency, to non- agricultural use? [5,7,39] i ISSUES: [and Supporting Information Sources] b) Conflict with existing zoning for [] [] [] [] agricultural use, or a Williamson Act contract? [5,7,23] c) Involve other changes in the existing [] [] [] [] environment which, due to their location or nature, could result in conversion of Farmland, to non-agricultural use? [5,7,39] There are no agricultural resources in the vicinity of the project. The project will have no impact on agricultural resources. Ill. AIR QUALITY- Where available, the significance criteria established by the applicable air quality management or air pollution control district may be relied upon to make the following determinations. Would the project: a) Conflict with or obstruct implementation of [] [] [] [] the applicable air quality plan? [5,37,42,44] b) Violate any air quality standard or [] [] [] [] contribute substantially to an existing or projected air quality violation? [5,37,42,44] [] [] [] [] c) Result in a cumulatively considerable net increase of any criteria pollutant for which the project region is non-attainment under an applicable federal or state ambient air quality standard (including releasing emissions which exceed quantitative thresholds for ozone precursors)? [4,37,44] d) Expose sensitive receptors to substantial [] [] [] [] pollutant concentrations? [4,37,44] e) Create objectionable odors affecting a [] [] [] [] substantial number of people? [4,37,44] The project will have no negative impacts on air quality. IV. BIOLOGICAL RESOURCES -- Would the project: [] [] [] [] a) Have a substantial adverse effect, either directly or through habitat modifications, on any species identified as a candidate, sensitive, or special status species in local or ;~ [and Supporting Information Sources] ~ = E ~ ~ E o.~- ~ .~._- - regional plans, policies, or regulations, or by the California Department of Fish and Game I or U.S. Fish and Wildlife Service? ![5,10,27,44] b) Have a substantial adverse effect on any [] [] [] [] ! riparian habitat or other sensitive natural community identified in local or regional plans, policies, regulations or by the California Department of Fish and Game or US Fish and Wildlife Service? [5,10,27,44] c) Have a substantial adverse effect on [] [] [] [] federally protected wetlands as defined by Section 404 of the Clean Water Act (including, but not limited to, marsh, vernal pool, coastal, etc.) through direct removal, filling, hydrological interruption, or other I means? [20,36,44] d) Interfere substantially with the movement [] [] [] [] of any native resident or migratory fish or wildlife species or with established native resident or migratory wildlife corridors, or impede the use of native wildlife nursery ! sites? [5,10,12,21,26] e) Conflict with any local policies or [] [] [] [] ordinances protecting biological resources, such as a tree preservation policy or ordinance? [11,12,41] f) Conflict with the provisions of an adopted Habitat Conservation Plan, Natural [] [] [] [] Community Conservation Plan, or other approved local, regional, or state habitat conservation plan? [5,10,26,27] The Feasibility Study stated that no threatened species habitat was present in the project area. Lands surrounding the project site are developed or used for the freeway. The project will introduce clean topsoil and many native species to the site. V. CULTURAL RESOURCES -- Would the project: a) Cause a substantial adverse change in [] [] [] [] the significance of a historical resource as defined in §15064.5? [5,13,41] b) Cause a substantial adverse change in [] [] [] [] the significance of an archaeological I~ s.._ . [ P-- ISSUES: e= .~ a ~o [and Supporting Information Sources] .~ .?E ~ ~ ~ ~ ~ ~ - _ resource pursuant to {}15064.57 [5,13,41] c) Directly or indirectly destroy a unique [] [] [] [] paleontological resource or site or unique geologic feature? [5,13,41] d) Disturb any human remains, including [] [] [] [] those interred outside of formal cemeteries? [1,5] The project will have no impact on cultural resources. VI. GEOLOGY AND SOILS - Would the project: a) Expose people or structures to potential substantial adverse effects, including the risk of loss, injury, or death involving: [] [] [] [] i) Rupture of a known earthquake fault, as delineated on the most recent Alquist-Priolo Earthquake Fault Zoning Map issued by the State Geologist for the area or based on other substantial evidence of a known fault? Refer to Division of Mines and Geology Special Publication 42. [2,14,44] ii) Strong seismic ground shaking? [] [] [] [] [2,5,10,44] iii) Seismic-related ground failure, including [] [] [] [] liquefaction? [2,5,10,39,44] iv) Landslides? [2,5,10,39,44] [] [] [] [] b) Result in substantial soil erosion or the [] [] [] [] loss of topsoil? [2,5,10,44] [] [] [] [] c) Be located on a geologic unit or soil that is unstable, or that would become unstable as a result of the project, and potentially result in on- or off-site landslide, lateral spreading, subsidence, liquefaction or collapse? 2,5,10,39] d) Be located on expansive soil, as defined [] [] [] [] in Table 18-1-B of the Uniform Building Code (1997), creating substantial risks to life or property? [2,5,10] e) Have soils incapable of adequately [] [] [] [] ISSUES: [and Supporting Information Sources] supporting the use of septic tanks or alternative waste water disposal systems where sewers are not available for the disposal of waste water? [6,9,36,39] William Lettis & Associates, Inc. (WLA) provided a preliminary geotechnical report of the project site, and the results are included in the Feasibility Study starting on page 122. The report anticipates no unusual conditions or constraints. Additional study is necessary once the design is finalized. The additional analysis of geologic issues should be incorporated as a mitigation measure to ensure the bridge structure can withstand strong seismic events. VII. HAZARDS AND HAZARDOUS MATERIALS - Would the project: a) Create a significant hazard to the public or the environment through the routine transport, use, or disposal of hazardous materials? [32,40,42,43,44] b) Create a significant hazard to the public or the environment through reasonably foreseeable upset and accident conditions involving the release of hazardous materials into the environment? [32,40,42,43,44] c) Emit hazardous emissions or handle hazardous or acutely hazardous materials, substances, or waste within one-quarter mile [ of an existing or proposed schoof? ![2,29,30,40,44] d) Be located on a site which is included on a list of hazardous materials sites compiled pursuant to Government Code Section 65962.5 and, as a result, would it create a significant hazard to the public or the environment? [2,42,40,43] e) For a project located within an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project result in a safety hazard for people residing or working in the project area? [ ] f) For a project within the vicinity of a private airstrip, would the project result in a safety hazard for people residing or working in the project area? [ ] 15 -/ I ISSUES: [and Supporting Information Sources] g) Impair implementation of or physically interfere with an adopted emergency response plan or emergency evacuation plan? [2,32,33,44] h) Expose people or structures to a . significant risk of loss, injury or death involving wildland fires, including where wildlands are adjacent to urbanized areas or where residences are intermixed with wildlands?[1,2,44] r The project will not result in the introduction or transport of hazardous materials into the project area. VIII. HYDROLOGY AND WATER QUALITY -- Would the project: a) Violate any water quality standards or [] [] [] [] waste discharge requirements? [20,36,37] [] [] [] [] b) Substantially deplete groundwater supplies or interfere substantially with groundwater recharge such that there would be a net deficit in aquifer volume or a lowering of the local groundwater table level (e.g., the production rate of pre-existing nearby wells would drop to a level which would not support existing land uses or planned uses for which permits have been granted)? [20,36,42] e) Create or contribute runoff water which [] [] [] [] would exceed the capacity of existing or planned stormwater drainage systems or provide substantial additional sources of polluted runoff? [20,36,42] f) Otherwise substantially degrade water [] [] [] [] quality? [20,36,37] g) Place housing within a 100-year flood [] [] [] [] hazard area as mapped on a federal Flood Hazard Boundary or Flood Insurance Rate Map or other flood hazard delineation map? [2,38] h) Place within a 100-year flood hazard area [] [] [] [] structures which would impede or redirect flood flows? [2,38] I ISSUES: c ,-. . [and Supporting Information Sources] ~ ~ E ~ '~ ~' ~ ~E E · -- - C. U3 i) Expose people or structures to a significant [] [] [] [] risk of loss, injury or death involving flooding, including flooding as a result of the failure of a levee or dam? [2,36,38] J) Inundabon by se~che, tsunamk or [] [] [] [] mudflow? [2,36,38] The project results in a reduction in impervious surfaces in the project area. Landscaping and vegetation are proposed along the pathway to reduce storm water runoff into the storm drain system. IX, LAND USE AND PLANNING - Would the project: a) Physically divide an established [] [] [] [] community? [7,12,22,41 ] [] [] [] [] b) Conflict with any applicable land use plan, policy, or regulation of an agency with jurisdiction over the project (including, but not limited to the general plan, specific plan, local coastal program, or zoning ordinance) adopted for the purpose of avoiding or mitigating an environmental effect? [1,7,8,16,17,18,44] c) Conflict with any applicable habitat [] [] [] [] conservation plan or natural community conservation plan? [1,5,6,9,26] The project will connect a physically divided, established community to pedestrian and bicycle traffic and furthers goals of the City's General Plan. X. MINERAL RESOURCES -- Would the project: a) Result in the loss of availability of a known [] [] [] [] mineral resource that would be of value to the region and the residents of the state? [5,10l b) Result in the loss of availability of a [] [] [] [] locally-important mineral resource recovery site delineated on a local general plan, specific plan or other land use plan? [5,16] The project will have no impact on mineral resources. Xl. NOISE - Would the project result in: ISSUES: [and Supporting Information Sources] a) Exposure of persons to, or generation of, noise levels in excess of standards established in the local general plan or noise ordinance, or applicable standards of other agencies? [8,18,44] b) Exposure of persons to or generation of excessive groundborne vibration or groundborne noise levels? [8,18,44] c) A substantial permanent increase in ambient noise levels in the project vicinity above levels existing without the project? [8,18] ' d) A substantial temporary or periodic increase in ambient noise levels in the project vicinity above levels existing without the project? [8,18,44] e) For a project located within an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project expose people residing or working in the project area to excessive noise levels? [8,18,44] f) For a project within the vicinity of a private airstrip, would the project expose people residing or working in the project area to excessive noise levels? [8,18] The project will result in increased pedestrian and bicycle traffic and the associated noise generated from pedestrian and bicycle traffic, behind homes adjacent to this section of Mary Avenue. The plan provides includes security walls and landscaping to prevent people from walking or biking immediately adjacent to the rear fences of the adjacent houses. XlI. POPULATION AND HOUSING -Would the project: a) induce substantial population growth in an area, either directly (for example, by proposing new homes and businesses) or indirectly (for example, through extension of roads or other infrastructure)? [3,16,47,44] b) Displace substantial numbers of existing housing, necessitating the construction of [] [] [] [] 15,-15 i ISSUES: ~ = .=.- z° [and Supporting Information Sources] mm ~ ~ ~_E -- replacement housing elsewhere? [3,16,44] c) Displace substantial numbers of people. [] [] [] [] necessitating the construction of replacement housing elsewhere? [3,16,44] The project will have no significant impact on housing and population growth or displacement. XlII. PUBLIC SERVICES a) Would the project result in substantial adverse physical impacts associated with the provision of new or physically altered governmental facilities, need for new or physically altered governmental facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times or other performance objectives for any of the public services: Fire protection? [19,32,44] [] [] [] [] Police protection? [33,44] [] [] [] [] Schools? [29,30,44] [] [] [] [] Parks? [5,17,19,21,26,27,44] [] [] [] [] Other public facilities? [19,20,44] [] [] [] [] The bridge and its landscaping improvements will create new need for security patrols of this area. XlV. RECREATION -- [] [] [] [] a) Would the project increase the use of existing neighborhood and regional parks or other recreational facilities such that substantial physical deterioration of the facility would occur or be accelerated? [5,17,19,21,26,27,44] b) Does the project include recreational facilities or require the construction or expansion of recreational facilities which might have an adverse physical effect on the environment? [5,44] ISSUES: ~ ~ ~ ~ '~ ~ [and Supporting Information Sources] ~ e ~ The project will not result in the need for additional parks. The project may reduce the need for parks in the area by introducing park-like elements along the path. XV. TRANSPORTATION/TRAFFIC -- Would the project: D [] [] [] a) Cause an increase in traffic which is substantial in relation to the existing traffic load and capacity of the street system (i.e., result in a substantial increase in either the number of vehicle trips, the volume to capacity ratio on roads, or congestion at intersections)? [4,20,35,44] b) Exceed, either individually or cumulatively, [] [] [] [] a level of service standard established by the county congestion management agency for designated roads or highways? [4,20,44] c) Result in a change in air traffic patterns, [] [] [] [] including either an increase in traffic levels or a change in location that results in substantial safety dsks? [4,?] d) Substantially increase hazards due to a [] [] [] [] design feature (e.g., sharp curves or dangerous intersections) or incompatible uses (e.g., farm equipment)? [20,35,44] e) Result in inadequate emergency access? [] [] [] [] [2,19,32,33,44] f) Result in inadequate parking capacity? [] [] [] [] [17,44] g) Conflict with adopted policies, plans, or [] [] [] [] programs supporting alternative transportation (e.g., bus turnouts, bicycle racks)? [4,34] The project will not result in significant impacts related to vehicular and air transportation. The project provides opportunities for alternative transportation by )roviding a pedestrian and bicycle linkage between two separated suburban areas. XVl. UTILITIES AND SERVICE SYSTEMS - Would the project: a) Exceed wastewater treatment requirements of the applicable Regional Water Quality Control Board? [5,22,28,36,44 [] [] [] ISSUES: [a.d su..o.,.. ,.,orr. a,,o. Source.] b) Require or result in the construction of new water or wastewater treatment facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? [36,22,28,36] c) Require or result in the constru~ion of new storm water drainage facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? [5,22,28,36,44] e) Result in a d~t~ination by th~ wastewator treatmont provider which or may se~ th~ proj*~ that it has capacity to ~e~o the project', proje~ed domand in addition to the provider's existin~ commitments? [5,22,28,3~,44] 0 ~e se~ed by a landfill with sufficient pertained capacity to accommodate the proje~'s solid waste disposal needs? [~] ~) Gomply with federal, state, and local statutes and ro~ul~tions related to solid waste? [~] proj g~ Il: Y ;~ /5 a) Does the proJect have the potenbal to [] [] [] [] degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self-sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history or prehistory? b) Does the project have impacts that are [] [] [] [] individually limited, but cumulatively considerable? ("Cumulatively considerable" means that the incremental effects of a project are considerable when viewed in connection with the effects of past projects, the effects of other current projects, and the effects of probable future projects)? c) Does the project have environmental [] [] [] [] effects which will cause substantial adverse effects on human beings, either directly or indirectly? Additional geologic review is necessary once a final design is prepared to ensure the bridge can withstand strong seismic events. The lighting design must provide adequate safety while not significantly mpact ng the neighboring i..~.e..~!de~nts and drivers on Interstate 280. I hereby certify that the information provided in this Initial Study is true and correct to the best of my knowledge and belief; I certify that I have used proper diligence in responding accurately to all questions herein, and have consulted appropriate source references when necessary to ensure full and complete disclosure of relevant environmental data. I hereby acknowledge than any substantial errors dated within this Initial Study may cause delay or discontinuance of related project review procedures, and hereby agree to hold harmless the City of Cupertino, its staff and authorized agents, from the consequences of such delay or discontinuance. Preparer's Signature ' Print Preparer's Name Peter Gilli, Associate Planner ENVIRONMENTAL EVAI'UATION ~ ~ Cbmpleted bY City Staff) ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED: The environmental factors checked below would be potentially affected by this project, involving at least one impact that is a "Potentially Significant Impact" as indicated by the checklist on the following pages. [] Aesthetics [] Agriculture Resources [] Air Quality [] Biological Resources [] Cultural Resources [] Geology/Soils [] Hazards & Hazardous [] Hydrology / Water [] Land Use / Planning Materials Quality [] Mineral Resources [] Noise [] Population / Housing [] Public Services [] Recreation [] Transportation/Traffic [] Utilities / Service [] Mandatory Findings of Systems Significance DETERMINATION: On the basis of this initial evaluation the Environmental Review Committee (ERC) finds that: [] The proposed project COULD NOT have a significant effect on the environment, and a NEGATIVE DECLARATION will be prepared. [] Although the proposed project could have a significant effect on the environment, there will not be a significant effect in this case because revisions in the project have been made by or agreed to by the project proponent. A MITIGATED NEGATIVE DECLARATION will be prepared. [] The proposed project MAY have a significant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT is required. [] The proposed project MAY have a "potentially significant impact" or "potentially significant unless mitigated" impact on the environment, but at least one effect 1) has been adequately analyzed in an earlier document pursuant to applicable legal standards, and 2) has been addressed by mitigation measures based on the earlier analysis as described on attached sheets. An ENVIRONMENTAL IMPACT REPORT is required, but it must analyze only the effects that remain to be addressed. [] Although the proposed project could have a significant effect on the environment, because all potentially significant effects (a) have been analyzed adequately in an earlier EIR or NEGATIVE DECLARATION pursuant to applicable standards, and (b) have been avoided or mitigated pursuant to that earlier EIR or NEGATIVE DECLARATION, including revisions or mitigation measures that are imposed upon the proposed project, nothing further is required. Staff Evaluator Date ERC Chairperson Date CITY OF CUPERTINO NEGATIVE DECLARATION As provided by the Environmental Assessment Procedure adopted by the City Council of the City of Cupertino on May 27, 1973, and amended on March 4, 1974, January 17 1977, May 1, 1978, and July 7,1980, the following described project was granted a Mitigated Negative Declaration by the City Council of the City of Cupertino on November 18, 2002. PROIECT DESCRIPTION AND LOCATION Application No.: Applicant: Location: EA-2002-21 City of Cupertino Mary Avenue right-of-way across Homestead Road and Meteor Drive Interstate 280 between DISCRETIONARY ACTION REQUEST Pedestrian and bicycle footbridge and related site and landscaping improvements. FINDINGS OF DECISIONMAKING BODY The City Council granted a Mitigated Negative Declaration requiring additional review of the geology at the final design stage. Steve Piasecki Director of Community Development CERTIFICATE OF THE CITY CLERK This is to certify that the above Negative Declaration was filed in the Office of the City Clerk of the City of Cupertino on City Clerk g,/erc/negEA200221 CITY OF CUPEI TINO City of Cupertino 10300 Torre Avenue Cupertino, CA 95014 (408) 777-3251 FAX (408) 77%3333 Community Development Department Planning Division SUMMARY Agenda No. /& Agenda Date: November 18, 2002 SUBJECT Application: TM-2002-04, M-2002-08, EA-2002-19 Applicant: Don Bragg (Verona Apartments) Property Owner: Stevens Creek Apartments Property Location: 90488 Stevens Creek Boulevard, Cupertino Application Summary: MODIFICATION to a use permit (6-U-00) for a 206-unit apartment/retail complex to allow "For Rent" or "For Sale" Condominiums. TENTATIVE MAP for 206 condominium units, four commercial units and one lot held in common on an approved apartment/retail building site. RECOMMENDATION: The Planning Commission recommends: 1. Adoption of a Negative Declaration, EA-2002-19 2. Approval the tentative map (TM-2002-04) and applications in accordance with the model resolution. the modification (M-2002-08) Project Data: General Plan Designation: Zoning Designation: Acreage (Gross): Project Consistency with: Environmental Assessment: Commercial/Office / Residential P(Res, Corn, Off, Ind, Hotel) 1.88 General Plan: Yes Zoning: Yes Negative Declaration DISCUSSION: On June,19, 2000, the City Council approved a use permit (6-U-00) to construct a 206-unit apartment complex with a retail component. Originally the units were approved as apartment rental units. The applicant has applied to map the units as condominiums to facilitate permanent financing for the development. The new lots are described as the individual retail and residential units with all common areas being included as a lot held in common. In order to prepare the map, the use permit must be modified to refer to the units as "For Rent" condominiums instead or apartment units. At this time, the applicant has not expressed an interest in selling the units. Printed on Recycled Paper TM-2002-04 November 18, 2002 Page 2 of 2 Although the tentative map sheet refers to the map as a "Vesting Tentative Map," the application is for a tentative map. Staff has requested the applicant remove the word vesting from the tentative map sheets as a condition of approval. Enclosures: Planning Commission Resolution No. 6165 Initial Study Negative Declaration Tentative Map Sheets Prepared by: Vera Gil, Senior Planner ~Yk~l~ (~:~' Director of Community Development Approved by: David W. Knapp City Manager G: \ Plarming \PDREPORT \ CC \ tm-2002-04.doc CITY OF CUPERTINO 10300 Torre Avenue Cupertino, California 95014 RESOLUTION NO. 6165 TM-2002-04 M-2002-08 OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO RECOMMENDING APPROVAL OF A TENTATIVE MAP FOR 206 CONDOMINIUM UNITS AND ONE LOT HELD IN COMMON ON AN APPROVED APARTMENT/RETAIL BUILDING SITE AND RECOMMENDING APPROVAL OF A MODIFICATION TO A USE PERMIT (6-U-00) FOR A 206-UNIT APARTMENT/RETAIL COMPLEX TO ALLOW "FOR RENT" OR "FOR SALE" CONDOMINIUMS. SECTION I: FINDINGS FOR THE TENTATIVE MAP: WHEREAS, the Planning Commission of the City of Cupertino received an application for a Tentative Subdivision Map as described in Section III of this Resolution; and WHEREAS, the necessary public notices have been given as required by the Subdivision and Procedural Ordinances of the City of Cupertino, and the Planning Commission has held at least one public hearing in regard to the application; and WHEREAS, the applicant has met the burden of proof required to support said application; and has satisfied the following requirements: a) That the proposed subdivision map is consistent with the City of Cupertino General b) That the design and improvements of the proposed subdivision are consistent with the General Plan. c) That the site is physically suitable for the type and intensity of development contemplated under the approved subdivision. d) That the design of the subdivision or the proposed improvements are not likely to cause substantial environmental damage nor substantially and unavoidable injure fish and wildlife or their habitat. e) That the design of the subdivision or the type of improvements associated therewith are not likely to cause serious public health problems. f) That the design of the subdivision and its associated improvements will not conflict with easements acquired by the public at large for access through or use of property within the proposed subdivision. Resolution No. 6165 Page -2- TM-2002-04, M-2002-08 November 12, 2002 SECTION II: FINDINGS FOR MODIFICATION OF A USE PERMIT WHEREAS, the necessary public notices have been given in accordance with the Procedural Ordinance of the City of Cupertino, and the Planning Commission has held one or more public hearings on this matter; and WHEREAS, the applicant has met the burden of proof required to support said application; and has satisfied the following requirements: The proposed use, at the proposed location, will not detrimental or injurious to property or improvements in the vicinity, and will not be detrimental to the public health, safety, general welfare, or convenience; 2. The proposed use will be located and conducted in a manner in accord with the Cupertino General Plan and the purpose of this title. NOW, THEREFORE, BE IT RESOLVED: That after careful consideration of maps, facts, exhibits, testimony and other evidence submitted in this matter, the application TM-2002-04 for a Tentative Map and the application M-2002-08 for a Modification to the Use Permit are hereby approved subject to the conditions which are enumerated in this Resolution beginning on page 2 thereof, and That the subconclusions upon which the findings and conditions specified in this Resolution are based and contained in the Public Hearing record concerning Applications TM-2002-04, M-2002-08 as set forth in the Minutes of Planning Commission Meeting of November 12, 2002, and are incorporated by reference as though fully set forth herein. SECTION III: PROIECT DESCRIPTION Application No.: Applicant: Location: TM-2002-04, M-2002-08 Don Bragg (Verona Apartments) 20488 Stevens Creek Boulevard SECTION IV: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT DEPT. APPROVED EXHIBITS The approval is based on exhibit sheets 1-11, drawing no. 100002 except as may be amended by the conditions contained in this resolution. G:~Planning~PDREPORT~RES\TM-2002-04 res.doc Resolution No. 6165 Page -3- TM-2002-04, M-2002-08 November 12, 2002 NOTICE OF FEESt DEDICATIONSe RESERVATIONS OR OTHER EXACTIONS The Conditions of Project Approval set forth herein may include certain fees, dedication requirements, reservation requirements, and other exactions. Pursuant to Government Code Section 66020(d) (1), these Conditions constitute written notice of a statement of the amount of such fees, and a description of the dedications, reservations, and other exactions. You are hereby further notified that the 90-day approval period in which you may protest these fees, dedications, reservations, and other exactions, pursuant to Government Code Section 66020(a), has begun. If you fail to file a protest within this 90-day period complying with all of the requirements of Section 66020, you will be legally barred from later challenging such exactions. VESTING TENTATIVE MAP The applicant shall remove the word "Vesting" from the title bar of sheets 1-11 of the exhibits. SECTION V: CONDITIONS ADMINISTERED BY THE PUBLIC WORKS DEPARTMENT STREET WIDENING Street widening, improvements and dedications shall be provided in accordance with City Standards and specifications and as required by the City Engineer. CURB AND GUTTER IMPROVEMENTS Curbs and gutters, sidewalks and related structures shall be installed in accordance with grades and standards as specified by the City Engineer. STREET TREES Street trees shall be planted within the Public Right of Way and shall be of a type approved by the City in accordance with Ordinance No. 125. FIRE HYDRANT Fire hydrants shall be located as required by the City. GRADING Grading shall be as approved and required by the City Engineer in accordance wit, h Chapter 16.08 of the Cupertino Municipal Code. 401 Certifications and 404 permits maybe required. Please contact Army Corp of Engineers and/or Regional Water Quality Control Board as appropriate. DRAINAGE Drainage shall be provided to the satisfaction of the City Engineer. Surface flow across public sidewalks may be allowed in the R-l, R-2 and R-3 zones unless storm drain facilities are deemed necessary by the City Engineer. Development in all other zoning districts shall be served by on site storm drainage facilities connected to the G:~PlanningXPDREPORTxRES\TM-2002-04 res.doc Resolution No. 6165 Page -4- TM-2002-04, M-2002-08 November 12, 2002 City storm drainage system. If City storm drains are not available, drainage facilities shall be installed to the satisfaction of the City Engineer. 10. UNDERGROUND UTILITIES The developer shall comply with the requirements of the Underground Utilities Ordinance No. 331 and other related Ordinances and regulations of the City of Cupertino, and shall coordinate with affected utility providers for installation of underground utility devices. The developer shall submit detailed plans showing utility underground provisions. Said plans shall be subject to prior approval of the affected Utility provider and the City Engineer. 11. IMPROVEMENT AGREEMENT The project developer shall enter into a development agreement with the City of Cupertino providing for payment of fees, including but not limited to checking and inspection fees, storm drain fees, park dedication fees and fees for undergrounding of utilities. Said agreement shall be executed prior to issuance of construction permits. Fees: a. Checking & Inspection Fees: b. Grading Permit: c. Development Maintenance Deposit: d. Storm Drainage Fee: e. Power Cost: f. Map Checking Fees: g. Park Fees: h. Street Tree $ 5% of Site Improvement Cost or $2,300.00 minimum $ 6% of Site Improvement Cost $1,000.00 TBD N/A $ 2,736.00 N/A By Developer Bonds: a. b. C. Faithful Performance Bond: 100% of Off-site and On-site Improvements Labor & Material Bond: 100% of Off-site and On-site Improvement On-site Grading Bond: 100% of site improvements. The fees described above are imposed based upon the current fee schedule adopte, d by the City Council. However, the fees imposed herein may be modified at the time of recordation of a final map or issuance of a building permit in the event of said clsange or changes, the fees changed at that time will reflect the then current fee schedule. 12. TRANSFORMERS Electrical transformers, telephone vaults and similar above ground equipment enclosures shall be screened with fencing and landscaping or located underground such that said equipment is not visible from public street areas. G:~Planning~PDREPORT~RES\TM-2002-04 res.doc Resolution No. 6165 Page -5- TM~2002-04, M-2002-08 November 12, 2002 13. DEDICATION OF WATERLINES The developer shall dedicate to the City all waterlines and appurtenances installed to City Standards and shall reach an agreement with San Jose Water for water service to the subject development. 14. FIRE ACCESS LANES Emergency fire access lanes shall be recorded as fire lane easements on the final map and shall meet Central Fire District standards. 15. BEST MANAGEMENT PRACTICES Utilize Best Management Practices (BMP's), as required by the State Water Resources Control Board, for construction activity, which disturbs soil. BMP plans shall be included in grading and street improvement plans. Erosion and or sediment control plan shall be provided. CITY ENGINEER'S CERTIFICATE OF ACCEPTANCE OF ENGINEERING/SURVEYING CONDITIONS (Section 66474.18 California Government Code) I hereby certify that the engineering and surveying conditions specified in Section V. of this Resolution conform to generally accepted engineering practices. /s/Ralph Oualls Ralph Quails, Director of Public Works City Engineer CA License 22046 PASSED AND ADOPTED this 14th day of October 14, 2002, at a Regular Meeting of the Planning Commission of the City of Cupertino, State of California, by the following roll call VOte: AYES: NOES: ABSTAIN: ABSENT: ATTEST~ COMMISSIONERS: Wong, Saadati, Chen, Auerbach and Chairperson Corr COMMISSIONERS: COMMISSIONERS: COMMISSIONERS: APPROVED: /s/Steve Piasecki Steve Piasecki Director of Community Development G:~Planning~PDREPORTh°,ES\TM-2002-04 res.doc /s/Charles Corr Charles Corr, Chair Cupertino Planning Commission CUPE INO City of Cupertino 10300 Torre Avenue Cupertino, CA 95014 (408) 777-3251 FAX (408) 777-3333 Community Development Department PROJECT DESCRIPTION: Project Title: Verona Tentative Map Project Location: 30452 Stevens Creek Boulevard _:ff Use Only File No. EA-2002-19 e File N~-04 chments S~st Project Description: The proiect consists a tentative map for 206 condominium unit, four commercial units and one lot held in common. Environmental Setting: The site located in a developed urban settinq at a maior intersection (Stevens Creek Boulevard and DeAnza Boulevard). PROJECT DESCRIPTION: Site Area (ac.) - 1.88 AC Building Coverage - 100% Exist. Buildings- 520.420 SF Proposed Bldg. ~ 520.420 SF. Zone - P (Res. Corn. Off. Ind and Hotel) G.P. Designation - Commercial. Residential. Office Assessor's Parcel No. - 369-01-029 If Residential Units/Grces Acre - 110 DU/Acre Unit Type #1 Unit Type #2 Unit Type #3 Unit Type #4 Unit Type #5 Total# Rental/Own Bdrms Total s.f. Price Applicable Special Area Plans: (Cheek) [] Monta Vista Design Guidelines [] [] N. De Anza Conceptual [] [] Stevens Crk Blvd. Conceptual [] [] Heart of the City Specific Plan If ~lon-Rssidential, Building Area - 7.186 SF FAR - Max. Employees/Shift - Parking Required Project Site is Within Cupertino Urban Service Area - S. De Anza Conceptual S. Sara-Sunny Conceptual Stevens Creek Blvd. SW & Landscape Parking Provided __ YES [] NO [] 27. County Parks and Recreation Department A. CUPERTINO GENERAL PLAN SOURCES 1. Land Use Element 2, Public Safety Element 3, Housing Element 4. Transportation Element 5. Environmental Resources 6. Appendix A- Hillside Development 7, Land Use Map 8. Noise Element Amendment 9. City Ridgaiine Policy 10. Constraint Maps CUPERTINO SOURCE DOCUMENTS 11. Tree Preee~vation ordinance 778 12. City Aerial Photography Maps 13. 'Cupertino Chronicle' (California Histo~J Center, 1976) 14. Geological Repori (site specific) 15. Parking Ordinance 1277 16. Zoning Map 17. Zoning Code/Specific Plan Documents 18. City Noise Ordinance 28. Cupertino Sanitary District 29. Fremont Union High School District 30. Cupertino Union School District 31. Pacific Gas and Electric 32. Santa Clara County Fire Department 33. County Sheriff 34. CALTRANS 35. County Transportation Agency 36. Santa Clare Valley Water District OUTSIDE AGENCY DOCUMENTS 37. BAAQMD Survey of Contaminant Excesses 38. FEMA Flood Map~SCVWD Flood Maps 39. USDA, "Soils of Santa Clara County" 40. County Hazardous Waste Management Plan 41. County Herttege Resources Inventory 42. Santa Ctare Valley Water District Fuel Leak Site 43. Ca,EPA Hazardous Waste and Substances Site CITY AGENCIES Site 19. Community Development Dept. List 20. Public Works Dept. 21. Parks & Recreation Department 22. Cupertino Water Utility D. OUTSIDE AGENCIES 23. County Planning Department 24. Adjacent Cities' Planning Departments 25. County Departmental of Environmental Health D. OUTSIDE AGENCIES (Continued) 26. Midpeninsula Regiocal Open Space District Fo OTHER SOURCES 44. Project Plan Set/Application Materials 45. Field Reconnaissance 46. Experience w/project of similar scope/characteristica 47. ABAG Projection Series 48. Cupertino Civic Center Transportation Impact Analysis, Fehr & Peers, July 2002. 49. Geotachnical Report, Treadwell & Rollo, February 15, 2002. ~.~ ......:. ~.~ .... : ~ .~ INSTRUC~0NS, ,~/~, : ~ ...... A. Complete all information requested on the Initial Study Cover page. LEAVE BLANK SPACES ONLY WHEN A SPECIFIC ITEM IS NOT APPLICABLE. B. Consult the Initial Study Soume List; use the materials listed therein to complete, the checklist information in Categories A through O. ¢. You are encouraged to cite other relevant sources; if such sources are used, job in their title(s) in the "Source" column next to the question to which they relate. D. If you check any of the "YES" response,to any questions, you must attach a sheet explaining the potential impact and suggest mitigation if needed. E. When explaining any yes response, label your answer clearly (Example "N - 3 Historical") Please try to respond concisely, and place as many explanatory responses es possible on each oaoe. F. Upon completing the checklist, sign and date the Preparer's Affidavit. G. Please attach the following materials before submitting the Initial Study to the City. ,/Project Plan Set of Legislative Document ,/Location map with site clearly marked (when applicable) EVALUATION OF ENVIRONMENTAL IMPACTS: ISSUES: ,..,=_ [and Supporting Information Sources] = _E I. AESTHETICS - Would the project: a) Have a substantial adverse effect on a [] [] [] [] scenic vista? [5,9,24,41,44] b) Substantially damage scenic resources, [] [] [] [] including, but not limited to, trees, rock outcroppings, and historic buildings within a state scenic highway? [5,9,11,24,34,41,44] c) Substantially degrade the existing visual [] r-I [] [] character or quality of the site and its surroundings? [1,17,1 9,44] d) Create a new source of substantial light or [] [] [] [] glare, which would adversely affect day or nighttime views in the area? [1,16,44] Item a - d- No Impact The application is to condo map an existing apartment project. I1. AGRICULTURE RESOURCES: In determining whether impacts to agricultural resources are significant environmental effects, lead agencies may refer to the California Agricultural Land Evaluation and Site Assessment Model (1997) prepared by the California Dept. of Conservation as an optional model to use in assessing impacts on agriculture and farmland. Would the project: a) Convert Prime Farmland, Unique [] [] [] [] Farmland, or Farmland of Statewide Importance (Farmland), as shown on the maps prepared pursuant to the Farmland Mapping and Monitoring Program of the California Resources Agency, to non- agricultural use? [5,7,39] b) Conflict with existing zoning for [] [] [] [] agricultural use, or a Williamson Act contract? [5,7,23] c) Involve other changes in the existing [] [] [] [] environment which, due to their location or nature, could result in conversion of Farmland, to non-agricultural use? [5,7,39] Items a- c - No Impact The application is to condo map an existing apartment project. III. AIR QUALITY - Where available, the significance criteria established by the applicable air quality management or air pollution control district may be relied upon to make the following determinations. Would the project: a) Conflict with or obstruct implementation of [] [] [] [] the applicable air quality plan? [5,37,42,44,48] b) Violate any air quality standard or [] [] [] [] contribute substantially to an existing or projected air quality violation? [5,37,42,44,48] c) Result in a cumulatively considerable net [] [] [] [] increase of any criteria pollutant for which the project region is non-attainment under an applicable federal or state ambient air quality standard (including releasing emissions which exceed quantitative thresholds for ozone precursors)? [4,37,44,48] d) Expose sensitive receptors to substantial [] [] [] [] pollutant concentrations? [4,37,44] e) Create objectionable odors affecting a [] [] [] [] substantial number of people? [4,37,44] [and Supporting Information Sources] { ~-~ · = = o ee _E Items a- e - No Impact The project is not expected to expose sensitive receptors (children, the elderly, the acutely ill, and the chronically ill) to substantial pollutant concentrations. The proposed development will not have any operations that will subject customers, employees or neighbors to objectionable odors. IV. BIOLOGICAL RESOURCES - Would i the project: a) Have a substantial adverse effect, either [] [] [] [] directly or through habitat modifications, on any species identified as a candidate, sensitive, or special status species in local or regional plans, policies, or regulations, or by the California Department of Fish and Game or U.S. Fish and Wildlife Service? [5,10,27,44] b) Have a substantial adverse effect on any [] [] [] [] riparian habitat or other sensitive natural community identified in local or regional plans, policies, regulations or by the California Department of Fish and Game or US Fish and Wildlife Service? [5,10,27,44] c) Have a substantial adverse effect on [] [] [] [] fe~derally protected wetlands as defined by Section 404 of the Clean Water Act (including, but not limited to, marsh, vernal }ool, coastal, etc.) through direct removal, filling, hydrological interruption, or other means? [20,36,44] d) Interfere substantially with the movement [] [] [] [] of any native resident or migratory fish or wildlife species or with established native ISSUES: ~ l- ~. m [and Supporting Information Sources] ~ = ~ .-~ ~ ~ 'E ~ ~o ~. = o =_= _E resident or migratory wildlife corridors, or impede the use of native wildlife nursery sites? [5, t 0,12,21,26] e) Conflict with any local policies or [] [] [] [] ordinances protecting biological resoumes, such as a tree preservation policy or ordinance? [11,12,41] f) Conflict with the provisions of an adopted Habitat Conservation Plan, Natural [] [] [] [] Community Conservation Plan, or other approved local, regional, or state habitat conservation plan? [5,10,26,27] Item a-f- No Impact The project is proposed on a developed site and will not impact threatened or endangered biological resoumes. The existing project includes landscaping, which will provide additional vegetation on the site. No Habitat Conservation Plans or Natural Community Conservation Plans cover the project area. V. CULTURAL RESOURCES - Would the project: a) Cause a substantial adverse change in [] [] [] [] the significance of a historical resource as defined in §15064.5? [5,13,41] b) Cause a substantial adverse change in [] [] [] [] the significance of an amhaeological resource pursuant to §15064.57 [5,13,41] c) Directly or indirectly destroy a unique [] [] [] [] ~aleontological resource or site or unique geologic feature? [5,13,41] d) Disturb any human remains, including E] [] [] [] those interred outside of formal cemeteries? [1,5] Item a-d No Impact The project is currently developed with commercial and residential uses and is not in a sensitive archeological area of the City. There are no historical resources on the site. VI. GEOLOGY AND SOILS -Would the project: a) Expose people or structures to potential substantial adverse effects, including the risk [and Supporting Information Sources] o.-=- of loss, injury, or death involving: i) Rupture of a known earthquake fault, as [] [] [] [] delineated on the most recent Alquist-Priolo Earthquake Fault Zoning Map issued by the State Geologist for the area or based on other substantial evidence of a known fault? Refer to Division of Mines and Geology Special Publication 42. [2,14,44,49] ii) Strong seismic ground shaking? [] [] [] [] [2,5,10,44,49] iii) Seismic-related ground failure, including [] [] [] [] liquefaction? [2,5,10,39,44,49] iv) Landslides? [2,5,10,39,44,49] [] [] [] [] b) Result in substantial soil erosion or the [] [] [] [] loss of topsoil? [2,5,10,44,49] c) Be located on a geologic unit or soil that is [] [] [] [] unstable, or that would become unstable as a result of the project, and potentially result in on- or off-site landslide, lateral spreading, subsidence, liquefaction or collapse? [2,5,10,39,44,49] d) Be located on expansive soil, as defined [] [] [] [] in Table 18-1-B of the Uniform Building Code (1997), creating substantial risks to life or property? [2,5,10,44,49] e) Have soils incapable of adequately [] [] [] [] supporting the use of septic tanks or alternative waste water disposal systems where sewers are not available for the disposal of waste water? [6,9,36,39,44,49] ISSUES: = ~ "~_E _E [and Supporting Information Sources] nu~ '-~-E e, .~ ~ Item afl-iii), c-d- Less Than Siqnificant Impact According to the Cupertino General Plan, the site is in a VF-3 zone for which specific hazards may include ground shaking and ground failure. The site is also in the vicinity of active faults including the Monte-Vista Shannon, Berrocal and San Andreas faults and will therefore be subject to strong shaking. The site however does not lie within the Alquist- Priolo zones and no faults ara mapped passing through the site or in its immediate vicinity. The buildings will be required to comply with the Uniform Building Code requirements. Item a(iv) b, e - No Impact Since the project is proposed on an existing parking lot on a relatively fiat lot no landslide activity is expected. There will be no soil erosion or loss of topsoil. The site is served by an existing sewer system. VII. HAZARDS AND HAZARDOUS MATERIALS - Would the project: a) Create a significant hazard to the public or [] [3 [] [] the environment through the routine transport, use, or disposal of hazardous materials? [32,40,42,43,44] b) Create a significant hazard to the public or [] [] [] [] the environment through reasonably foreseeable upset and accident conditions involving the release of hazardous materials into the environment? [32,40,42,43,44] c) Emit hazardous emissions or handle [] [] [] [] hazar~lous or acutely h~ardous materials, substances, or waste within one-quarter mile of an existing or proposed school? [2,29,30,40,44] d) Be located on a site which is included on a [] [] [] [] list of hazardous materials sites compiled ! pursuant to Government Code Section 65962.5 and, as a result, would it create a significant hazard to the public or the environment? [2,42,40,43] e) For a project located within an airport land [] [] [] [] use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project result in a safety hazard for people residing or working in the project area? [ ] f) For a project within the vicinity of a private ISSUES: !E-- ~'- [and Supporting Information Sources] .-= = E - ~ ~ ._~_E _E ° '-°)- airstrip, would the project result in a safety [] [] [] [] hazard for people residing or working in the project area? [ ] g) Impair implementation of or physically [] [] [] [] interfere with an adopted emergency response plan or emergency evacuation plan? [2,32,33,44] h) Expose people or structures to a [] [] [] [] significant risk of loss, injury or death involving wildland fires, including where wildlands are adjacent to urbanized areas or where residences are intermixed with wildlands?[1,2,44] Item b,d - Less Than Siqnificant Impact Items a.c.e-h - No Impact Although the proposed project may generate additional hazardous waste, it will not increase risk of accidental explosion or release of hazardous substances, interfere with emergency services, increase exposure of people to hazardous waste or increase fire hazard in areas with flammable brush, grass or trees. The site will be used for a dental facility which may have biohazard materials that will be disposed of properly. The current project site is not listed as a contaminated site in the State of California Hazardous Waste and Substances Site List. The project site is not within a two-mile radius of the nearest airport (Moffett Airfield/San Jose Airport). Therefore, there would be no related impacts on people residing or working in the project area. VIII. HYDROLOGY AND WATER QUALITY - Would the project: a) Violate any water quality standards or [] [] [] [] waste discharge requirements? [20,36,37] b) Substantially deplete groundwater [] [] [] [] supplies or interfere substantially with groundwater recharge such that there would be a net deficit in aquifer volume or a Iqwering of the local groundwater table level (e.g., the production rate of pre-existing nearby wells would drop to a level which would not support existing land uses or planned uses for which permits have been granted)? [20,36,42,49] c) Create or contribute runoff water which [] [] [] [] would exceed the capacity of existing or planned stormwater drainage systems or SSUES: I-. [and SuppoSing Information Sources] provide substantial a~itional sources of polluted runoff? [20,38,42] d) Othe~ise substantially degrade water quali~? [20,36,3~ e) Place housing within a 100-year flood hazard ama as mapped on a federal FIo~ Hazard Bounda~ or Fl~d Insurance Rate Map or other flood h~ard delineation map? [2,38] f) Place within a 100-year flood hazard area structures which would impede or redire~ flood flows? [2,38] g) Expose people or structures to a significant risk of loss, inju~ or death involving flooding, including flooding as a result of the failure of a levee or dam? [2,36,38] h) Inundation by seiche, tsunami, or mu~low? [2,36,38] Item a,c,d- Less ~an Siqnificant Impact The proposed development will result in a net increase in impe~eable sudace. However, the project will achieve approximately 80% on-site retention which complies with current B~SMA guidelines. The project includes additional features such as decomposed granite for some hard sudaces and a swale in the parking lot (east of the libra~) to retain water on- site and reduce run-off in accordance with B~SMA guidelines. Items b,e-h - No Impact The building I~ations am in a B flo~ zone as per the FIRM maps dated May 1, 1980. As indicated above, the project site is relatively flat. IX, LAND USE AND PLANING - Would the proj~: a) Physically divide an established communi~ [7,12,22,41] b) Conflict with any appli~ble land use plan, policy, or regulation of an agency with jurisdiction over the proj~t (including, but not limited to the general plan, sp~Eic plan, [and Supporting Information Sources] ~ .~_~ ~ = *' local coastal program, or zoning ordinance) adopted for the purpose of avoiding or mitigating an environmental effect? [1,7,8,16,17,18,44] c) Conflict with any applicable habitat [] [] [] [] conservation plan or natural community conservation plan? [1,5,6,9,26] Items a-c - No Imoact The project is in conformance with the City's General Plan and Zoning. X. MINERAL RESOURCES - Would the project: a) Result in the loss of availability of a known [] [] [] [] mineral resource that would be of value to the region and the residents of the state? [5,10] b) Result in the loss of availability of a [] [] [] [] locally-important mineral resource recovery site delineated on a local general plan, specific plan or other land use plan? [5,10] Items a-b - No Impact Mineral resources are not known to exist on the project site. Xl. NOISE - Would the project result in: a) Exposure of persons to, or generation of, [] [] [] [] noise levels in excess of standards established in the local general plan or noise ordinance, or applicable standards of other agencies? [8,18,44] b) Exposure of persons to or generation of [] [3 [] [] excessive groundborne vibration or groundborne noise levels? [8,18,44] ci A substantial permanent increase in [] [] [] [] ambient noise levels in the project vicinity above levels existing without the project? [8,18] d) A substantial temporary or periodic [] [] [] [] increase in ambient noise levels in the project vicinity above levels existing without the project? [8,18,44] [and Supporting Information Sources] ~ ._~ E ~ ~ = o~ e) For a project located within an airport land [] [] [] [] use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project expose people residing or working in the project area to excessive noise levels? [8,18,44] f) For a project within the vicinity of a private [] [] [] [] airstrip, would the project expose people residing or working in the project area to excessive noise levels? [8,18] Item aod - Less Than Siqnificant Impact The project is located in an area with noise levels 60dB (DNL) and less, which is considered normally acceptable for new office development. The City's Municipal Code standards (Chapter 10.48 Community Noise Control) for this type of development are that exterior noise may not exceed 55 dB at night and 65dB in the daytime. The project will not be subject to excessive levels of groundborne vibration or groundborne noise. The proposed development of the project site will intensify the use of the lot, which is likely to result in increases in the ambient noise levels that exist in the project area. Increase in noise levels would be periodic and will not substantially increase over current ambient noise levels. Items e,f - No Impact The project is not within a two-mile radius of any public airports or private airstrips. XlI. POPULATION AND HOUSING - Would I the project: a) Induce substantial population growth in an [] [] [] [] area, either directly (for example, by proposing new homes and businesses) or indirectly (for example, through extension of roads or other infrastructure)? [3,16,47,44] b) Displace substantial numbers of existing [] [] [] [], housing, necessitating the construction of replacement housing elsewhere? [3,16,44] c) Displace substantial numbers of people, [] [] [] [] necessitating the construction of replacement housing elsewhere? [3,16,44] C · - Items a-c - No Impact The development of the mixed use building on the site is consistent with the General Plan, which included an analysis of population and housing and was reviewed in an EIR. Therefore, the proposed project would not induce substantial population growth or create a demand for housing that would be inconsistent with the General Plan. XlII. PUBLIC SERVICES a) Would the project result in substantial adverse physical impacts associated with the provision of new or physically altered governmental facilities, need for new or physically altered governmental facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times or other performance objectives for any of the public services: Fire protection? [19,32,44] r-] [] [] [] Police protection? [33,44] [] [] [] [] Schools? [29,30,44] [] [] [] [] Parks? [5,17,19,21,26,27,44] [] [] [] [] Other public facilities? [19,20,44] [] [] [] [] Item a -Less Than Siqnificant Impact The project is located in an urbanized area served by municipal services, including fire protection, police protection, and maintenance of public facilities such as reads. The increased demand on public services has been addressed in the use permit process. XlV. RECREATION - a) Would the project increase the use of [] [] [] [] existing neighborhood and regional parks or other recreational facilities such that substantial physical deterioration of the facility would occur or be accelerated? [5,17,19,21,26,27,44] b) Does the project include recreational [] [] [] [] facilities or raquire the construction or expansion of recreational facilities which might have an adverse physical effect on the environment? [5,44] [and Supporting Information Sources] ~ .~_~ Item a-b -Less than Sionificant Impact. The impact on the recreation facilities has been addressed in the use permit process for this development. XV. TRANSPORTATION/TRAFFIC - Would the project: a) Cause an increase in traffic which is [] [] [] [] substantial in relation to the existing traffic load and capacity of the street system (i.e., result in a substantial increase in either the number of vehicle trips, the volume to capacity ratio on roads, or congestion at intersections)? [4,20,35,44,48] b) Exceed, either individually or cumulatively, [] [] [] [] a level of service standard established by the county congestion management agency for designated roads or highways? [4,20,44,48] c) Result in a change in air traffic patterns, [] [] [] [] including either an increase in traffic levels or a change in location that results in substantial safety risks? [4,48] d) Substantially increase hazards due to a [] [] [] [] design feature (e.g., sharp curves or dangerous intersections) or incompatible uses (e.g., farm equipment)? [20,35,44,48] e) Result in inadequate emergency access? [] [] [] [] '[2,19,32,33,44,48] f) Result in inadequate parking capacity?. [] [] [] [] [17,44,48] g) Conflict with adopted policies, plans, or [] [] [] [] programs supporting alternative transportation (e.g., bus turnouts, bicycle [acks)? [4,34,48] [and Supporting Information Sources] nm~ .~_E_ e, u) =~ oo e,~ ~ Items a,b,d-f - Less Than Siqnificant Impact An increase in traffic in the neighborhood is expected and has been addressed in the use permit process for this development. The proposed project would not result in any change in air traffic patterns because the two- story library building is not tall enough to affect air traffic patterns. The Fire Department has determined that emergency vehicle access will be adequate after required mitigation. This issue was addressed in the use permit application process. Items c,q - No Impact The proposed project consists of a building not tall enough to affect air traffic patterns. XVl. UTILITIES AND SERVICE SYSTEMS - Would the project: a) Exceed wastewater treatment [] [] [] [] requirements of the applicable Regional Water Quality Control Board? [5,22,28,36,44] b) Require or result in the construction of [] [] [] [] new water or wastewater treatment facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? [36,22,28,36] c) Require or result in the construction of [] [] [] [] new storm water drainage facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? [5,22,28,36,44] e) Result in a determination by the [] [] [] [] wastewater treatment provider which serves or may serve the project that it has adequate capacity to serve the project's projected demand in addition to the provider's existing commitments? [5,22,28,36,44] f) Be served by a landfill with sufficient [] [] [] [] [and Supporting Information Sources] ~ _~--~ e, ~, .~ ~ ee .~_E _E permitted capacity to accommodate the project's solid waste disposal needs? [5,44] g) Comply with federal, state, and local [] [] [] [] statutes and regulations related to solid waste? [5,44] Items a-f- Less than Siqnificant ImDact Sanitary sewer service is currently available for the site. The small development is not expected to increase demands on the sewer system significantly beyond the current use at the site. Therefore the project will have no significant impacts. The project is not expected to increase demands that would exceed wastewater treatment requirements of the Regional Water Quality Control Board. Additionally, since the project will be required to comply with BASMAA guidelines, it is expected that there will be minimal increase in runoff into the storm water system. The General Plan states that the Santa Clara Valley Water District has indicated it has the ability to meet the long term water needs of Cupertino water retailers based on the maximum growth potential of municipalities in the district. Since the project is consistent with the Cupertino General Plan and Zoning Code, the projects impact on water usage is expected to be less than significant. Item q - No Impact The project will be required to comply with all federal, state, and local statutes and regulations related to solid waste. ' ~ XVII. MANDATORY FINDINGS OF SIGNIFICANC r ~ (T° be completed by City Staff) ISSUES: · _~ _E ~ [and Supporting Information Sources] ~ ~ ~ a) Does the project have the potential to I-I [] degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self-sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history or )rehistory?. b) Does the project have impacts that are [] individually limited, but cumulatively considerable? ('Cumulatively considerable' means that the incremental effects of a project are considerable when viewed in connection with the effects of past projects, the effects of other current projects, and the effects of probable future projects)? c) Does the project have environmental 1'3 effects, which will cause substantial adverse effects on human beings, either directly or indirectly? PREPARER'S AFFIDAVIT I hereby certify that the information provided in this Initial Study is true and correct to the best of my knowledge and belief; I certify that I have used proper diligence in responding accurately to all questions herein, and have consulted appropriate source references when necessary to ensure full and complete disclosure of relevant environmental data. ! hereby acknowledge than any substantial errors dated within this Initial Study may cause delay or discontinuance of related project review procedures, and hereby agree to hold harmless the City of Cupertino, its staff and authorized agents, from the consequences of such delay or discontinuance. !), (} .,~ Preparer's Signature _~./~/~ _ _ ~) . Print Preparer's Name V~_ J~C^ ~ ENVIRONMENTAL EVALUATION (To be Completed by City Staff) ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED: The environmental factors checked below would be potentially affected by this project, involving at least one impact that is a 'Potentially Significant Impact" as indicated by the checklist on the following pages. [] Aesthetics [] Agriculture Resources [] Air Quality [] Biological Resources [] Cultural Resources [] Geology/Soils [] Hazards & Hazardous [] Hydrology / Water [] Land Use / Planning Materials Quality [] Mineral Resources [] Noise [] Population / Housing [] Public Services [] Recreation [] Transportation/Traffic [] Utilities ! Service [] Mandatory Findings of Systems Significance DETERMINATION: On the basis of this initial evaluation the Environmental Review Committee (ERC) finds that: [] The proposed project COULD NOT have a significant effect on the environment, and a NEGATIVE DECLARATION will be praparad. [] Although the proposed project could have a significant effect on the environment, there will not be a significant effect in this case because revisions in the project have been made by or agreed to by the project proponent. A MITIGATED NEGATIVE DECLARATION will be prepared. [] The proposed project MAY have a significant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT is required. [] The proposed project MAY have a "potentially significant impact' or "potentially significant unless mitigated" impact on the environment, but at least one effect 1) has been adequately analyzed in an earlier document pursuant to applicable legal standards, and 2) has been addressed by mitigation measures based on the earlier analysis as described on attached sheets. An ENVIRONMENTAL IMPACT REPORT is required, but it must analyze only the effects that remain to be addressed. [] Although the proposed project could have a significant effect on the environment, because all potentially significant effects (a) have been analyzed adequately in an earlier EIR or NEGATIVE DECLARATION pursuant to applicable standards, and (b) have been avoided or mitigated pursuant to that earlier EIR or NEGATIVE DECLARATION, including revisions or mitigation measures that are imposed upon the proposed project, nothing further is required. 'person Date Date CITY OF CUPERTINO NEGATIVE DECLARATION As provided by the Environmental Assessment Procedure adopted by the City Council of the City of Cupertino on May 27, 1973, and amended on March 4, 1974, January 17 1977, May 1, 1978, and July 7, 1980, the following described project was granted a Negative Declaration by the City Council of the City of Cupertino on November 18, 2002. PROIECT DESCRIPTION AND LOCATION EA-2002-19 Application No.: Applicant: Location: M-2002-08, TM-2002-04 Don Bragg (Verona Apartments) 30452 Stevens Creek Boulevard DISCRETIONARY ACTION REQUEST Use Permit Modification and Tentative Map for 206 condominium units, four commercial units and one lot held in common on an approved .apartment/retail building site. FINDINGS OF DECISIONMAKING BODY The City Council granted a Negative Declaration since the project is consistent with the General Plan and there are no significant environmental impacts. Steve Piasecki Director of Community Development CERTIFICATE OF THE CITY CLERK This is to certify that the above Negative Declaration was filed in the Office of the City Clerk of the City of Cupertino on City Clerk g/erc/negEA200219 I ~ -o26, 1 8 COIdMO~ ~ACE 9 10 t~ 6 NOTES: VICINITY MAP PRIVATE ~ I I-I~l~ I 'L ~ ~PAC~ 4 100002 27 28 KEY MAP 5 1 00002 _K_E¥ MAP 6 DI~.~WlNO NO, .... ,,, -~ ........ , ........ : .................. , ...... , ,- ........ 1 00002 75 76 KEY MAP D F~WING NO. .4 .e t ~ ~ : ~ ~ > _ K~ MAP KEY MAP KEY MAP 11 I 00002 CITY OF City of Cupertino 10300 Torte Avenue Cupertino, CA 95014 (408) 777-3308 FAX (408) 777-3333 Commtmity Development Department Housing Services Summary Agenda Item No. / 7 Agenda Date: November 18, 2002 Subject: Consider amendments to the City of Cupertino Housing Mitigation Manual recommended by the Cupertino Housing Commission. Recommendation: Approve amendments to the City of Cupertino Housing Mitigation Manual as proposed by the Cupertino Housing Commission in accordance with Resolution 02-208. Background: The Housing Mitigation Manual has been established, and refined over the years, to assist the city's management agency, Cupertino Community Services (CCS), in administering the Below Market Rate (BMR) program. This manual serves many purposes, from informing the developer of the program rules to establishing the selection criteria for the residents. Discussion: Below Market Rate Program: Since June 1993, the city of Cupertino has operated a Below Market Rate program. During the 1993 General Plan update, the city approved an inclusionary housing program requiring 10% of all new developments to be affordable. This percentage was increased to 15% in October 2001 when the City Council approved the new Housing Element of the General Plan. Approximately 170 of the city's 300 affordable units have been created through the BMR program. A BMR program, producing 15 units, was in existence from 1976-86 of affordable ownership units. Thirteen of these 15 units continue to exist in the program inventory. The residential component of the BMR program has two parts, rental and ownership. Currently, the program requires 50% of the required rental units to be affordable to very-low income and the other 50% affordable to low income households. In the case of ownership units, 50% must be affordable to median income households with the other 50% being affordable to moderate-income households. Current rental rates can be found in Exhibit B of the Housing Mitigation Manual that is attached. Pantedon Recycled Paper / 7-! CUPEPkTINO Housing Mitigation Procedural Manual Amended by City Council h ~ '7 '11~C~C~ Resolution No. ~ City of Cupertino Housing Division Department of Community Development 10300 Torre Avenue Cupertino, CA 95014 Voice: (408)777-3251 Fax: (408)777-3330 Revised 11/13/02 City of Cupertino City Council Wc!!y Dec,Richard Lowenthal. Mayor ~"" Stcttc~ Dr. IVlichael S. Chan Vice Mayor Sandra James Patrick Kwok Dolores Sandoval Planning Commission D=v~d Dc¢cCharles Corr, Chairperson A.~drcc Hc;r!cMarc Auerbach, Vice Chairperson Chadc,c Cc:: Anqela Chen Je~Taqhi Saadati Housin~ Commission Sarah Hathawav-Feit. Chairperson Richard Abdalah, Vice-Chairperson Julia Abdala Richard Schuster Frances Seward Community Development Department Staff Dc:c!d Brcw:, City Rcbcrt S. Ccw=nSteve Piasecki, AICP, Director of Community Development Ciddy Wordell, AIOP, City Planner Colin Jung, AICP, As~enior Planner M!chc!c B~urm."-~, A!CP, P!cnncr Gary Chao, Assistant Planner Vera Gil, Senior Planner~ Peter Gilli, Associate Planner Aarti Shrivastava. Senior Planner Yvc=,",c ,u.c!!c:.' Nancy Czosek, Administrative Secretary Nc=cy CzccckKiersa Witt, Administrative Clerk Cit o Cuf ertino Staff David W. KnaDo. City Mana(3er Carol Atwood, Director of Administrative Services Charles Kilian, City Attorney Stcvc Dcwli,",.qTherese Smith, Director of Parks and Recreation Kimberly Smith, City Clerk I~. R~, Director of Public Works 1 INTRODUCTION Assembly Bill No. 1600 (AB 1600, statutes of 1987, 1988 and 1989, California Government Code, Section 66000-et seq.) establishes the-standards for tkc:c cities imposing development fees. To reiterate the standards, the City must show a relationship (nexus) exists between the fee's use and the type of project, identify the purpose of the fee and identify the use of the fee. The City of Cupertino has addressed these standards with the nexus atu~y wb!ckstudy that was commissioned in 1991. The study, ("A Study to Examine the Relationship of Land Use and the Creation of Additional Housing Needs", Planning Resource and Associates, January 1992) evaluated the relationship between land use and affordable housing. The "nexus" study demonstrated that all new developments create additional housing needs and a~ak~cna!place additional strain on the City's Affordable Housing programs. However, the City Council felt believed that requiring retail developers to provide affordable housing would negatively impact the City's economically. Therefore, residential and office/industrial developers are required to mitigate the need for additional housing units. This document establishes procedures to implement housing mitigation as required by the General Plan Housing Element. The r-"~ .......................... j .......~ ,.. :ts agentCity or its agent will administer the programs. This procedural manual consists of two major components, Section One addressing the office and industrial mitigation and Section Two addressing residential housing mitigation. 2 Section One: Office and Industrial Mitigation 1.01 Objective The purpose of Cupertino's Office and Industrial Housing Mitigation Program is to acknowledge housing needs created by the development of office and industrial projects and provide nominal fees to support the development of affordable housing for families and individuals who work in Cupertino but live elsewhere. This policy will help alleviate regional traffic congestion by reducing distances between residence and workplace. For the purposes of Section One of this manual, the terms "developer", "company", and "owner" shall be synonymous. 1.02 Program Requirements 1.02. 01 Application of Program Housing mitigation shall apply to new development of office and industrial space. Office and industrial development, which has a valid use permit at the adoption of the General Plan (June 1, 1993), shall be exempt. 1.02.02 Mitigation Fee Developers shall pay a fee as determined by the City Council. The fee shall be adjusted annually using the Consumer Price Index (all items index for the San Francisco Bay Area) and shall only be used for the provision of affordable housing in Cupertino. The options for use of the fee include, but are not limited to the following: ao Development of new affordable units. Conversion of existing market rate units to affordable units Down payment assistance programs Second mortgage programs In the event the funds are not used for affordable housing within five years fee will be returned to the developer as per AB 1600. 1.02.03 Miti.qation Fee Payment Mitigation fee shall be due and payable at the issuance of any theJouitdit~onstmction permits for the office or industrial project, 3 Section Two: Residential Mitigation 2.01 Objective The purpose of the Residential Mitigation F~X:.cnsegment of the program is to provide the City of Cupertino with a supply of affordable housing for households who working and residing in Cupertino. The main goal is to provide a safe, clean living environment for those families and individuals making a contribution to Cupertino and its residents. Public service employees make especially high contributions to Cupertino and its residents by ensuring public safety and providing other vital services. As such, they shall receive a high priority in the placement system. 2.02 Program Requirements 2.02.01 Application of Program Housing mitigation shall apply to all new residential developments of one unit or greater. Residential developments which have submitted permit applications to the Building Division prior to the approval of the General Plan (June 2, 1993) shall be exempt. 2.02.02 Mitigation Requirement Residential developers shall designate at least 105% of the units in a development as "affordable". If the developer is constructing "for-sale" housing, the affordable units must serve median and moderate-income families. Fifty percent of the ownership BMR units shall serve median income and 50% shall be made available to moderate income households. If the units being constructed are rental units, then they must serve very low income and low-income families, mc,.. .... ., Thirty-three percent (5033%) of the Below Market Rate (BMR)-rental units shall be affordable to each-low income households level and sixty-six percent (66%) of the BMR rental units must be affordable to very-low income households. For example, if the development consists of 120 rental units, then 138 units shall be affordable (5 9 \ 6 to low income and 6 9 12 to very low income). '3~cn 50% cf When the computed housing mitigation for either rental or ownership results in a fraction of a unit, the developer's obligation shall be as follows: 4 0 - .49 of a unit: Round down .50 - .99 of a unit: Round up. For condominiums used as rental housing, the BMR units shall be made available to low and very low-income families using the above stated formula. Should the .... ,~v property owner decide to sell the individual condominiums units, then said owner must allow the BMR residents one year to secure new housing. After the BMR units have been vacated (during the conversion to condo use), the units will be sold to median and moderate-income fan'.iF.c: cr .:nd:':'idu~s households .and will be deed restricted by the City for the remainder of the term of affordability. In phased developments, the BMR requirement shall be assessed against the overall development plan and not the individual phases of the proposed master plan. In all cases, the BMR units should be developed in a time frame consistent with the overall development. 2.02.03 Mitigation Options In projects of one to n:.ne six units, the developer may pay a fee in lieu of development of the affordable units or meet the requirement with alternatives consistent with the Housing Element of the General Plan. Developments consisting of ten seven units or more must develop the BMR units on-site using the standards set forth in this procedural manual. 2.02.04 In-Lieu Fee Developers shall pay a fee as determined by the City Council for developments of one to n'inc six units. The fee will be assessed on a per square foot basis (inclusive of garages) on all new development and be adjusted annually using the Consumer Price Index (all items for the San Francisco Bay Area). For the purposes of assessing the fee, new development shall be defined as development on an existing vacant lot or redevelopment of a lot where an existing housing unit has been demolished. The in-lieu fee (collected for projects of less than ten seven units) shall only be used for the provision of affordable housing in Cupertino and will be collected at the building permit stage of development. The in-lieu fee shall be paid prior to the issuance of any construction permits and prior to the commencement of any work on the site. The options for use of the fee include, but are not limited to, the following: a. Development of new affordable units 5 b. Conversion of existing market rate units to affordable units c. Down payment assistance programs d. Second mortgage programs In the event the funds are not used for the purposes they were exacted or utilized within five years from the date the fee was collected, the in-lieu fee will be returned to the developer as per AB 1600. 2.02.05 Aqreement between Developer and City Developer shall enter into an agreement with thc city of Cupertino to provide the affordable units prior to the issuance of any construction permits and prior to the commencement of any construction on the site. Said agreements shall indicate where the units will be located on the site. ~ Z02.06 Annual Revision of Sale Prices and Rental Rates I Bo~ ~e affordable selling prices ~d rents for ~e ~ordable units sh~l be updated on m ~nu~ b~is in confom~ce with the HUD hcome Guidelines as established for the County of Smta Cl~a by the U~ted States Dep~ment of Housing md Urbm Development (HUD). 6 2. 02. ! 0 2.02.075 Project Conformance Affordable units shall generally reflect the total project mix in terms of bedroom count and size of unit. The units shall be scattered throughout the site and shall conform to the exterior appearance of the other units in the project. Buyers should be permitted to upgrade fit and finishes prior to the close of escrow. Low/very low-income units can be substituted for market rate units at the developer's discretion. 2.03 City Contributions 2.03.01 Density Bonus To maximize housing opportunity and partially assist the developer by reducing or eliminating the development cost for the affordable units, a density bonus consistent with Ordinance No. 1569 ("An Ordinance of the City Council of the City of Cupertino Adopting and Implementing the State Density Bonus Law") may be permitted. The bonus units shall be permitted providing they can reasonably be accommodated on the site and meet City standards. Residential/housing mitigation requirements shall apply to the density bonus units. 2.03.02 =t;...;..~,;.-... cf ~'""*~;" a........;,;.... Alternate Interior Finishes in Affordable Units The exterior design of the unit shall be consistent with other units in the project. Internally, the affordable units may differ from other units in the development Ftc, jeer by using alternate interior finishes that are approved by the Cupertino Housing Commiasion. 2.03.03 Financial Assistance If the project qualifies, the City may choose to utilize Affordable Housing Fund monies to create a greater percentage of affordable units at the 50% (very-low income) and 80% (low income) price levels. 2.03.04 Fee Waivers The City shall waive park dedication and construction tax fees for affordable units. 2.03.05 Priority Processing The city shall, wherever possible, expedite the processing of developments with affordable units. 7 2.03.06 Management Agreement The Ceity shall enter into an agreement with a management agency to administer the buyer selection process and manage the BMR rental program. To assist developers in ~{:tanclng aeparating themselves from the management and sale of the BMR units, developers shall have their affordable units managed and sold under the City agreement with the management agency. 2.03.07 Subordination Restrictions The City agrees to subordinate this housing mitigation program to any construction lender and to individual first deeds of trust to the extent of 90% of the below market rate value. The City shall have the nonexclusive right to cure a default to preserve the housing mitigation program. 2.04 Applicant Qualifications 2~4~3 2.04.01 Solicitation of Applicants Applications for BMR units shall bc solicited as necessary to maintain adequate app]/cation pools for each appropriate income level. Applicants may use a "se]£- oualifvine" eligibility application, which will be subject to verification. Applicants will receive a point for meeting each of the following descriptions: t- ..... :_ Public e~-,:~ ~__, ..... ~ncTwo points = Cu~nino resident; One point = Primly full-time employment in Cupe~ino; Two points = Cupertino Public Se~ice ~mployee. 8 Applicants receiving fo'ar five points shall be considered the highest priority; Applicants receiving t~.rcc four points shall be considered the second highest priority; Applicants receiving .......,~ three points shall be considered the third highest priority; Applicants receiving .~::c. two point shall be considered the fourth highest priority; Applicants receiving zero one points shall be considered the !c-;,'cat fifth priority. Applicants receiving zero points shall be considered the lowest priority 2.04.02 Definition of Residency Households applying under priority consideration for residency shall provide proof of residency in Cupertino for at least one year from the date of application. Utility bills and rental agreements shall be considered proof of residency. 2.04.03 Definition of Full-time Employment Full-time employment is defined as 35 hours per week. Cupertino employees must show proof of being employed at a primary full-time, permanent job within the city limits for at least 25 of the 35 hours. A letter from the personnel department of the employer and one year's paycheck stubs shall serve as sufficient proof. ~ 2.04.04 Definition of Public Service Employee Public Service employees are defined as full-time teaeher~employees from the Cupertino Union School District, Fremont Union High School District and :_DeAnza College: and employees-of-the City of Cupertino and Cupertino Library. Santa Clara County Fire Department and Santa Clara County Sheriff Department employees must work within the city limits to be eligible for housing assistance; reassignment to another city/county area 9 [?---! C is cause for removal from the eligibility list. However, if the Fire or Sheriff employee has received housing assistance and is reassigned, the employee will not need to relinquish the housing unit. The public service position, as defined in the above paragraph, must be the applicant's primary wage eaming job in order to qualify under the public service definition. Proof shall be submitted in the form of paycheck stubs. 2.02.05 Applicant Waitin.cl Lists Within each priority group, waiting list numbers shall be assigned based upon the date the application was verified and approved, or if a Drawing is used, the order drawn within each priority group. Waiting lists will be verified annually in accordance with the U.S. Department of Housing and Urban Development (HUD) income guidelines. The verification procedure will consist of notifying the applicants on the waiting lists to complete a new "selfo qualifying" Eligibility Application form or supply specific information to determine if they are still qualified. The information will need to be supplied within 30 days of the request or the date specified on the letter. Applicants will retain their priority number on the Priority Waiting Lists from the previous year, if their qualification information is received within the specified time period. 2.04.06 Applicant Submittals All applicants remaining on the waiting list shall submit, when requested, proof of: a. Residency b. Place of Employment c. Annual Gross Income d. Other Assets 2.04.07 Applicant's Ri,qht to Refusal of Unit An applicant has one opportunity to refuse a development before being removed from the cun'ent applicant pool. Applicants who do not qualify for a particular development shall retain their eligibility. 10 2.04.08 Income Qualification Household income is defined as the sum of all the income for every adult, 18 years or older, living in the unit. Sources of income include all wages or salaries, overtime pay, commissions, fees, tips, bonuses and other compensation, net income from a business or profession or from the rental of real or personal property, interest and dividends, payments received from social security, annuities, insurance policies, retirement funds, pensions, disability or death benefits, payments in lieu of earnings, public assistance, alimony and child support, and any others sources of income. Net assets in excess of $60,000 will have imputed income at 5% or actual income, whichever is larger, added to Household Income. Each able-bodied adult included in the household, 18 years or older must be employed. Exceptions will be reviewed by the City or its management agent (i.e. disabled, full-time student, etc.) 2.04.09 Appeal Process Any portion of this manual may be appealed. A written request is required from the appellant. The request should be addressed the Community Development Director. Any appeal will be referred to the Cupertino Housing Commigsion for recommendation within thirty (30) days of the date of the written request. The recommendation from the Cupertino Housing Commission will then be forwarded to the City Council for final ruling. All City Council rulings on the appeal are final. 2.05 =-u¥cr Se!ect!e.". lc; Ownership Units 11 2.05.01 Applicant Qualifications for Ownership Unit~ The BMR program is designed to assist first-time homebuyers with incomes between 80% and 120% of the median for the County of Santa Clara as established by HUD. Applicants will be eligible according to the family ~ize and income criteria indicated on Exhibit A. 2.05.02 Applicants Assets Households with net assets over $100,000 held in the United States or foreign countries will not be eligible. Excluded from net assets are all non-accessible funds; or any assets that generate a penalty when withdrawn i.e. 401K, CALPERS, STRS and other pension plans. 2.05.03 Definition of First-time Homebuyer An applicant must be a first-time homebuyer to be considered for ownership. An applicant shall be considered a first-time homebuyer if their name has not appeared on a residential property title for a principal residence in at least three years from the date of application. This definition applies to properties owned in foreign countries as well as the United States. 2.0E.02 2.05.04 Price Determination The income range of the buyers shall determine the unit type and sale price as indicated in Exhibit B. ..... w ...............vi. ........ ~ ............... v .................. ~, ........ d frc ~ 2.05.05 Lending Institutions The prospective buyer, when seeking financing, may choose institutions that have been briefed by the City or its agent. to contact lending 12 2.0E. OE 2.05.06 Insurance Requirements Prior to the sale of any unit, the City shall require that each purchaser execute a subrogation agreement whereby the City shall be named the additional insured party to any policy of fire or casualty insurance and will be entitled to any such policy proceeds in excess of the affordable unit purchase price. 2.05.07 Qualification Period Applicants must verify qualifications and qualify to purchase a unit within 30 days of notice that they are eligible apply to purchase. 2.0E.0! 2.05.08 Occupancy Conditions Units must be owner-occupied ~-~ ;;"2! 5e .... :~ ......"-' verification of owner shall be on an annual basis. 2.0E. 02 2.05.09 Lease, Rent, or Sublet of Units Owner is not permitted to lease, rent, sublet the unit, or other~vise assign their interests in the property without the express written permission from the City or its property management agency. The lessee must meet the same requirements imposed on the owner. The lease shall be subject to review by the City or its agent. Example: The owner of an affordable unit is being transferred to a different state for a nine-month period. In order to lessen the burden of the owner paying a mortgage on the BMR unit as well as rent in the new state, the owner may lease the BMR unit with prior written approval from the City or its agent. 2.~nE.03 2.05.10 Resale Price The resale price will be established based on the following: a. Original Purchase Price. b. Cumulative increases or decreases during the period of ownership, as indicated by the Consumer Price Index for the Bay Area. 13 c. The value of any substantial improvements or damage to the unit. Values of improvements, if any, are to be established by a property appraisal at the owner's expense. d. Administrative costs incurred by the property management agency or other selling agent to sell the unit. 2~06~04 2.05.11 Right of First Refusal During the period that an affordable unit is maintained at an affordable price the City has the right of first refusal on the sale of any of those units. Within sixty (60) days of notice from homeowner, the City must decide whether it will exercise this option. 2.0E.05 2.05.12 Condition of Units Units shall be kept in good repair and resale price shall reflect the condition of the unit. Cost of termite reports and any required repairs are considered out of pocket expenses for the sellers. 2.0E. OE 2.05.13 Terms of Affordability The deed restrictions imposed on each affordable unit pursuant to the program shall remain in effect for a period of 99 years from the date of original sale of that unit. Furthermore, the resale restrictions shall renew at each change of tire. 2.07 P;ecedure fcr Re=ale cf 'Jn~tc 2. 07.0! 2.05.14 Resale of Unit - Owner's Responsibility If the owner elects to sell his unit, the City and/or its agent must be notified in writing. 2.97.93 2.05.15 Purchaser As units become available for resale, the next qualified buyer in the application pool will be notified. 14 2.05.16 Fees In addition to any fees noted, the City or their Agency may charge an administrative fee for services in qualifying a purchaser and maintenance of waiting lists. The fee will be the responsibility of the Purchaser. 2.06 'r,......~ c~,~.,~..,~..., lc." Rental Units All 2.06.01 Applicant Qualifications for Rental Units The program is designed to assist low and very low-income families, which are defined as families with an income equal to or less than 80% of the median income for the County of Santa Clara as established by HUD. Applicants will be eligible according to the family size and income criteria indicated in Exhibit B. Individual complexes may impose a minimum income not to exceed 299% two times cf rent the monthly rent. 15 2.06.02 Applicant Assets Households with net assets exceeding one year of the maximum income allowed will not be eligible. Excluded from net assets are all non-accessible funds; or any assets that generate a penalty when withdrawn i.e. 401K, CALPERS, STRS and other pension plans. 2.0E.02 2.06.03 Rental Rate Determination The income range, and household size of the tenant shall determine the unit type (and therefore the maximum rental rate of the unit) by using Exhibit B. ~ 2.06.04 Availability of Units An affordable unit shall not bc available for lease until the City £o~mally accepts thc units. 2~OcJ~ Z06.05 City Contractor's Role in Leasing of Units The developer shall utilize the services of the City's management agency to assist in the selection of tenants. The services of this agency shall be funded out of the in-lieu or Community Development Block Grant (CDBG) funds and shall be monitored by the City. ~ 2.06.06 Previewing of Unit It is thc applicant's responsibility to contact the management agency to preview the unit. ~ 2.06.07 Occupancy Conditions It is the intent of this policy that the original lessee shall occupy the unit during the term of the lease. However, if special conditions require that the unit be sublet, the applicant/tenant is only permitted to sublet the unit to qualified households with the express written permission from the City of Cupertino and its agent. If an additional occupant (roommate, family member, etc.) moves into the unit, he/she will be considered part of the existing household. In such cases, the BMR tenant must notify the City and/or it's agent prior to the move in date for reevaluation, gtmhevmo~ At which time, the entire household (including the new occupant) will be reevaluated to 16 determine eligibility, including household income requirements. All household members must reside in the unit for at least six months each year. 2~3cj;06 2.06.08 Annual Re:qUalification On an annual basis, the city or its agent shall requalify tenants to verify they are eligible to remain in the below market rate rental units. Requalification shall be based upon the tenant's income, as determined by the three most recent pay stubs, prior year tax forms and family size. If no longer eligible for the below market rate rental unit, the tenant will have three months to locate alternate housing and vacate the BMR rental unit. A three month extension may be granted in cases of extreme hardship. 2.06,09 Annual Rental Rate Increases The annual rental rate increase shall be established from a formula chc~cn provided by the City based on the following: a. Previous rental rate b. HUD income guidelines c. Household size d. Units size e. Annual Utility Allowance No annual increase shall exceed 5%. 2.06,10 Evictions Any falsification or knowingly withholding documents and information will result in an immediate 30-day notice to vacate. Tenants are subject to ..... t~ .... M apartment management regulat' o ...~-:~. ......... ~, :- ,~.-:-~,:^~ ^~, 2. !0,1 2.06.11 Condition of Units/Complex The units/c plex hall be k pt in good epair .... ~'~:':^- cf *~' .... :*~ ....' bi ~---'-~ ~ part ........................... ~,.e×. Tenants are su ect to ..... t~ ...... a ment management regulations, which may result in termination of tenancy. 2,10.2 2. 06,12 Terms of Affordability Deed restrictions placed on each unit/complex pursuant to the program shall remain in effect for a period of 99 years from the date of first occupancy of the unit/complex and shall become null and void upon the expiration of that period, unless it is extended by the developer in order to take advantage of incentives resulting from changes in public policy and programs. These deed restrictions shall mn with the property and not be affected by the sale of the complex, or the individual units within the complex, prior to the completion of the term of affordability. 17 12-2_.3 In the event the program is terminated prior to the 99-year period through formal action by the City Council, deed restrictions shall be null and void. Full ownership rights of the units/complex shall revert to the owner at the time of termination. 18 Exhibit A Income limits are revised by the U.S. Department of Housing and Urban Development on an annua~ basis. Revised 2/02 19 Exhibit B 194,204.00 238,769.00 3-5 3 238,769.00 304,185.00 4-6 4 266,571.00 325,718.00 Rental Rates of Affordable Units by Household Size and Number of Bedrooms 1-3 1 $850 $1,100 2-5 2 $1,000 $1,300 3-7 3 $1,100 $1,450 20 ORDINANCE NO. 1904 DRAFT AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CUPERTINO AMENDING CHAPTER 10.68 (DEFINITIONS) OF THE CUPERTINO MUNICIPAL CODE REGARDING CURFEW THE CITY COUNCIL OF THE CITY OF CUPERTINO DOES HEREBY ORDAIN that the following sections of the Cupertino Municipal Code shall be amended to read as follows: Section 10. 68. O10 is hereby amended to read as follows: 10.68.010 Definitions 2. Midnight on any Friday or Saturday er Sunday until 6:00 a.m. the following day. PUBLICATION CLAUSE: The City Clerk shall cause the title of this ordinance to be published at least once in a newspaper of general circulation published and circulated in the City within 15 days after its adoption, in accordance with Government code § 36933, shall certify to the adoption of this ordinance and shall cause this ordinance and her certification, together with proof of publication, to be entered in the Book of Ordinances of the Council of this City. This ordinance shall take effect and be in force thirty (30) days after its passage. INTRODUCED at a regular meeting of the City Council of the City of Cupertino the 4th day of November 2002 and ENACTED at a regular meeting of the City Council of the City of Cupertino the day of 2002, by the following vote: Vote: Members of the City Council Ayes: Noes: Absent: Abstain: ATTEST: APPROVED: City Clerk Mayor, City of Cupertino DRAFT Proposed text is underlinect Deleted text is struck through. ORDINANCE NO. 1905 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CUPERTINO AMENDING CHAPTER 16.52 REGARDING THE PREVENTION OF FLOOD DAMAGE THE CITY COUNCIL OF THE CITY OF CUPERTINO DOES ORDAIN AS FOLLOWS: Chapter 16.52 of the Municipal Code of Cupertino is hereby amended to read as follows: 16.52.020 ESTABLISHMENT OF DEVELOPMENT PERMIT A development permit shall be obtained before new construction, substantial improvements or development (including the placement of prefabricated buildings and manufactured homes) begins within any area of special flood hazard established in Section 16.52.011. Application for a development permit shall be made on forms furnished by the Director of P!am-.ing and C~:m..an:.ty Devc!~.~mcnt Public Works, and may include, but not limited to: plans in duplicate drawn to scale showing the nature, location, dimension and elevations of the area in question; existing or proposed structures, fill, storage of material, drainage facilities; and the location of the foregoing. Specifically, the following information is required: 16.52.021 DESIGNATION OF DIRECTOR OF PLANNING AND CO~{~{UN!TY ~nEVELOP~{ENT PUBLIC WORKS The Director of Plam~ng and Cmm-n~n:.ty Devel~.~.'r. cm Public Works is appointed to administer and implement this chapter by granting or denying development permit applications in accordance with its provisions. The duties and responsibilities of the Director of P!ann:.ng and Cemm~:n!ty geveJ, epmem Public Works shall include, but not be limited to: B. Use of Other Base Flood Data. When base flood elevation data has not been provided in accordance with Chapter 16.52.011 (Lands to which this chapter applies), the Director of Plamn:.ng and Ccm=~n'.'D' Deve!cpmerX Public Works shall obtain, review and reasonably utilize any base flood elevation data available from a federal, state or other source, in order to administer Sections 16.52.051 (Residential construction) and 16.52.052 (Nonresidential construction). 16.52.030 APPEAL BOARD B. The Planning Commission shall hear and decide appeals when it is alleged there is an error in any requirement, decision or determination made by the Director of Plann:.ng Iq-t Ordinance No. 1905 ~1 ,~ ...... 1... 1~..~1 ...... Public Works in the enforcement or administration of this chapter. 5. The Director of Pla,~2ng an~ C~,mmt~nlt3' Dgvelcpm::X Public Works shall maintain the records of all appeal actions and report any variances to the Federal Insurance Administration upon request. (Ord. 1412 Exhibit A (part), 1987: Ord. 1002 § 1.1 (part), 1980) 16.52.044 SUBDIVISION PROPOSALS B. All final subdivision plans will provide the elevation of proposed structure(s) and pads. If the sire is filled above the base flood, the final pad elevation shall be certified by a registered professional engineer or surveyor and provided to the Director of P!ar, n:.ng a~-~ Cc=~'n~ni,%' Dc:'c!c~me:'~ Public Works; 16.52.051 RESIDENTIAL CONSTRUCTION New construction and substantial improvements shall have the lowest floor, including basement, elevated to or above base flood elevation. Upon the completion of the structure, the elevation shall be certified by a registered professional engineer or surveyor, or verified by the Community Building Inspector to be properly elevated. Such certification or verifications shall be provided to the Director of P!arming and Cc, mmuni~' t~-~votopmem Public Works. (Ord. 1412 Exhibit A (part), 1987: Ord. 1002 § 1.1 (part), 1980) 16.52.052 NONRESIDENTIAL CONSTRUCTION C. Be certified by a registered professional engineer or architect that the standards of this subsection are satisfied. Such certifications shall be provided to the Director of m~: .... ~ r, ...... :"' ~ ..... v ....... Pubhc Works. (Ord. 1822 (part), 1999; Ord. 1412 Exhibit A (part), 1987: Ord. 1002 § 1.1 (part), 1980) 16.52.054 SPECIFIC STANDARDS (ZONE AO) 3. Be certified by a registered professional engineer or architect that the standards of this subsection are satisfied. Such certification shall be provided to the Director of P!~m:ing an~ C,q~'.nm:~ty Dcve!c, pmerX Public Works. (Ord. 1412 Exhibit A (part), 1987: Ord. 1002 § 1.1 (part), 1980) This ordinance shall take effect and be in force thirty (30) days after its passage. Ordinance No. 1905 INTRODUCED at a regular meeting of the City Council of the City of Cupertino this 4th day of November 2002, and ENACTED at a regular meeting of the City Council of the City of Cupertino this day of ,2002, by the following vote: Vote Members of the Cit~ Council AYES: NOES: ABSENT: ABSTAIN: ATTEST: APPROVED: City Clerk Mayor, City of Cupertino Agenda Item No. J___0 SUMMARY 10300 Torre Avenue Cupertino, CA 95014 (408) 777-3308 FAX (408) 777-3333 Community Development Department Agenda Date November 18, 2002 Application No.: Applicant: Property Owner: Location: MCA-2002-04 City of Cupertino Various Citywide APPLICATION SUMMARY: Conduct the second reading of Ordinance No. 1906: "An Ordinance of the City Council of the City of Cupertino Amending Chapter 10.48 (community noise control) of the Cupertino Municipal Code regarding hours of operation for home maintenance activities - use of power equipment and other related issues of clarification." RECOMMENDATION: Staff recommends that the City Council: Continue the second reading of the amendment to the Noise Ordinance (Chapter 10.48 of the Municipal Code) to the December 2, 2002 meeting. DISCUSSION: The proposed amendments to the Noise Ordinance were intended to accomplish the following: 1) Limit early morning use of motorized equipment for home maintenance (Section 10.48.051). 2) Clarify the measurement procedure for daytime and nighttime maximum noise levels (Section 10.48.040). 3) Clarify the noise standards used between commercial and residential properties (Section 10.48.040). Staff is in the process of evaluating previous enforcement practices and how that may affect the proposed wording changes in the Section 10.48.040 with regards to the noise standards used between commercial and residential properties. If additional revisions MCA-2002-04 November 18, 2002 Page 2 to the wording are proposed, this item would come back to the Council again for first reading. Prepared by: Gary Cha0, Assistant Planner Steve Piasecki Director of Community Development APPROVED BY: David W. Knapp City Manager DRAFT ORDINANCE NO. 1906 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CUPERTINO AMENDING CHAPTER 10.48 OF THE CUPERTINO MUNICIPLE CODE REGARDING HOURS OF OPERATION FOR HOME MAINTENANCE ACTIVITES - USE OF POWER EQUIPMENT AND OTHER RELATED ISSUES OF CLARIFICATION WHEREAS, the City Council wishes to limit early morning use of motorized equipment for home maintenance; WHEREAS, the City Council wishes to clarify the measurement procedure for daytime and nighttime maximum noise levels. THE CITY COUNCIL OF THE CITY OF CUPERTINO DOES ORDAIN AS FOLLOWS: Chapter 10.48 of the Municipal Code of Cupertino is hereby amended to read as follows: 10.48.051 Home maintenance activities. The use of motorized equipment for home and yard maintenance activities shall be limited to the hours of 8:00 a.m. to 8:00 p.m. on weekdays, and 9 a.m. to 6 p.m. on weekends and holidays. The use of motorized equipment for home and yard maintenance activities during these hours is exempted from the limits of Section 10.48.040; provided, that reasonable efforts are made by the user to minimize the disturbances to nearby residents by, for example, installation of appropriate mufflers or noise baffles, running equipment only the minimal period necessary, and locating equipment so as to generate minimum noise level on adjoining properties. 10.48.040 Daytime and nighttime maximum noise levels. Individual noise sources, or the combination of a group of noise sources located on the same property, shall not produce a noise level exceeding those specified on property zoned as follows, unless specifically provided in another section of this chapter: Land Use on the receiving property Maximum Noise Level at Property Boundary of Receiving Property Nighttime Daytime Residential 50 dBA 60 dBA Nonresidential 55 dBA 65 dBA Ordinance No. 1906 This ordinance shall take effect and be in force thirty (30) days after its passage. INTRODUCED at a regular meeting of the City Council of the City of Cupertino this 4th day of November, 2002, and ENACTED at a regular meeting of the City Council of the City of Cupertino this__ of __ by the following vote: Vote Members of the City Council AYE S: NOES: ABSENT: ABSTAIN: ATTEST: APPROVED: City Clerk Mayor, City of Cupertino ORDINANCE NO. 1907 DRAFT AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CUPERTINO AMENDING CHAPTER 16.04 OF THE CUPERTINO MUNICIPAL CODE AND ADOPTING THE 2001 CALIFORNIA BUILD1NG CODE VOLUMES 1 AND 2 AND RETAiN 1997 UNIFORM BUILDING CODE RELATING TO VOLUME 3. THE CITY COUNCIL OF THE CITY OF CUPERTINO HEREBY ORDAINS that they are adopting the 2001 California Building Code and amending Chapter 16.04 of the Cupertino Municipal Code as follows: Amend Section 16.04.010 to read Adoption of Uniform Building Code. "The Building Code for the City shall be the 2001 Edition of the California Building Code, Volumes 1 and 2 inclusive and Appendices which follow. The 1997 Uniform Building Code, Volume 3 shall remain as part of this adoption. Change all 1997 dates to 2001 in section 16.04.010 under APPENDIX CHAPTERS Add 18 amendments as contained in attached Exhibit A INTRODUCED at a regular meeting of the City Council of the City of Cupertino the 4th day of November 2002 and ENACTED at a regular meeting of the City Council of the City of Cupertino the day of .2002, by the following vote: Vote: Members of the City Council Ayes: Noes: Absent: Abstain: ATTEST: APPROVED: City Clerk Mayor, City of Cupertino Exhibit A The following Sections of the Building Code are hereby amended and added to read as follows: Section 16.04.170 UBC Section 213 is hereby amended to add the following definition: (Geological I) 213 Light-Frame Construction is a type of construction who's vertical and horizontal structural clements are primarily framed by a system of repetitive wood or light gauge steel framing members, and which does not use structural concrete as floor or roof diaphragm. Section 16.04.180 Delete existing UBC Section 1612.2.1 and replace with the following: (Geological I) 1612.2.1 Basic load combinations. Where Load and Resistance Factor Design (Strength Design) is used, structures and al portions thereof shall resist the most critical effects from the following combinations of factored loads: 1.4D (12-1) 1.2D + 1.6L + 0.5 (Lr or S) (12-2) 1.2D + 1.6 (Lr or S) + (fi L or 0.8 W) (12-3) 1.2D + 1.3 W + (fi L + 0.5 (Lr or S) (12-4) 1.2D + 1.0E + (fi L + t'2 S) (12-5) 0.9D 4- (1.0pEh or 1.3 W) (12-6) WHERE: F~ = 1.0 for floors in places of public assembly, for live loads in excess of 100 psf (4.9 kN/m2), and for garage live load. = 0.5 for other live loads. F2 = 0.7 for roof configurations (such as saw tooth) that do not shed snow off the structure. = 0.2 for other roof configurations. EXCEPTIONS: 1. Factored load combinations for concrete per Section 1909.2 where load combinations do not include seismic forces. 2. Where other factored load combinations are specifically required by the provisions of this code. Section 16.04.190 UBC Section 1612.3.1 is hereby amended to read as follows: (Geological I) 1612.3.1 Basic load combinations. Where allowable stress design (working stress design) is used, structures and all portions thereof shall resist the most critical effects resulting from the following combination of loads: oqt-Z. D (12-7) D+L + (Lr orS) (12-8) D + (Wot E/1.4) (12-9) 0.9 + 0.75[L +(Lr or S) + (Wor E/1A)] (12-10) No increase in allowable stresses shall be used with these load combinations except as specifically permitted elsewhere in this code and the duration of load increase permitted in Division III of Chapter 23. Section 16.04.200 UBC Section 1612.3.2 is hereby amended to read as follows: (Geological I) 1612.3.2 Alternate basic load combinations: In lieu of the basic load combinations specified in Section 1612.3.1, structures and portions thereof shall be permitted to be designed for the most critical effects resulting from the following load combinations. When using these alternate basic load combinations, a one-third increase shall be permitted in allowable stresses for all combinations including W or E but not concurrent with the duration of load increase permitted in Division III of Chapter 23. D+ L +(LrorS) D + L + (Wor E/1.4) D+ L + W+ S/'2 D+L+S+ W/2 D+L+S+E/1.4 0.9D ± E/1.4 (12-12) (12-13) (12-14) (12-15) (12-16) (12-16-1) EXCEPTIONS: 1. Crane hook loads need not be combined with roof live load or with more than three fourths of the snow load or one half of the wind load. 2. Design snow loads of 30 psf(1.44 kN/m2) or less need not be combined with seismic loads. Where design snow loads exceed 30 psf (1.44 kN/m2), the design snow load shall be included with seismic loads, but may be reduced up to 75 percent where consideration of siting, configuration and load duration warrant when approved by the building official. Section 16.04.210 UBC Section 1629.4.2 is hereby amended to read as follows: (Geological I) 16.29.4.2 Seismic Zone 4 near-source factor. In Seismic Zone 4, each site shall be assigned a near source factor in accordance with Table 16-S and the Seismic Source Type set forth in Table 16-U. The value of Na used in determining Caneed not exceed 1.1 for structures complying with all the following conditions: 1. The soil profile type is 2. p= 1.0. 3. Except in single-story structures, Group R, Division 3 and Group U, Division 1 Occupancies, moment frame systems designated as part of the lateral-force-resisting system shall be special moment-resisting frames. 4. The provisions in Sections 9.6a and 9.6b of AiSC - Seismic Part 1 shall not apply, except for columns in one-story buildings or columns at the top story of multi-story buildings. 5. None of the following structural irregularities is present: Type 1, 4, or 5 of Table 16-L, and Type 1 or 4 of Table 16-M. Section 16.04.220 UBC Section 1630.2.3.4 is hereby amended to read as follows: (Geological I) 1630.2.3.4 Horizontal Distribution. Diaphragms constructed of untopped steel decking or wood structural panels or similar light frame construction are permitted to be considered as flexible. SECTION x7. Section 1630.2.3 of the California Building Code is amended by adding Section 1630.2.3.5 to read as follows: 1630.2.3.5 Applicability. Sections 1630.1.2, 1630.1.3, 1630.2.2, 1630.5, 1630.9, 1630.10 and 1631 shall not apply when using the simplified procedure. EXCEPTION: For buildings with relatively flexible structural systems, the building official may require consideration of PA effects and drift in accordance with Sections 1630.1.3, 1630.9 and 1630.10. As shall be prepared using design seismic forces from Section 1630.2.3.2. Section 16.04.230 UBC Section 1630.4.2 is hereby amended to read as follows: (Geological I) 1630.4.2 Vertical Combinations. The value of R used in the design of any story shall be less than or equal to the value of R used in the given direction for the story above. EXCEPTION: This requirement need not be applied to a story where the dead weight above the story is less than 10 percent of the total dead weight of the structure. Structures may be designed using the procedures of this section under the following conditions: 1. The entire structure is designed using the lowest R of the lateral-force-resisting systems used, or 2. The following two-stage static analysis procedures may be used for structures conforming to Section 1629.8.3, Item 4: 2.1 The flexible upper portion shall be designed as a separate structure, supported laterally by the rigid lower portion, using the appropriate values of R and p. 2.2 The rigid lower portion shall be designed as a separate structure using the appropriate values of R and p. The reactions from the upper portion shall be those determined from the analysis of the upper portion multiplied by the ratio of the (R/p) of the upper portion over (R/p) of the lower portion. This ratio shall not be taken less than 1.0. Section 16.04.240 UBC Section 1630.7 is hereby amended to read as follows: (Geological I) 1630.7 Horizontal Torsional Moments. Provisions shall be made for the increased shears resulting from horizontal torsion where diaphragms are not flexible. The most severe load combinations from each element shall be considered for design. The torsional design moment at a given story shall be the moment resulting from eccentricities between applied design lateral forces at levels above that story and the vertical-resisting elements in that story plus an accidental torsion. The accidental torsion moment shall be determined by assuming the mass is displaced as required in Section 1630.6. Where torsional irregularity exists, as defined in Table 16-M, the effects shall be accounted for by increasing the accidental torsion at each level by an amplification factor, Ax, as determined by the following formula: Ax = [ r5 max 2 1.2 ~Savg 3 (30-16) WHERE: 6avg = the average of the story drift at the extreme points of the structure at Level x. bmax = the maximum displacement story drift at Level x. The value of Ax need not exceed 3.0. Section 16.04.250 UBC Section 1630.8.2 is hereby amended to read as follows: (Geological I) 1630.8.2.1 General. Where any portion of the lateral-load-resisting system is discontinuous, such as for vertical irregularity Type 4 in Table 16-L or plan irregularity Type 4 in Table 16-M, columns, beams, trusses or slabs supporting such discontinuous systems shall have the design strength to resist the combination loads resulting from the special seismic load combinations of Section 1612.4. The connections of such discontinued elements to the supporting members shall be adequate to transmit the forces for which the discontinuous elements were required to be designed. EXCEPTIONS: 1. The quantity Em in Section 161.4 need not exceed the maximum force than can be transferred to the element by the later-fome-resisting system. 2. Concrete slabs supporting light-frame wood shear wall systems or light-frame steel and wood structural panel shear wall systems. For Allowable Stress Design, the design may be determined using an allowable stress increase of 1.7 and a resistance factor, (I), of 1.0. This increase shall not be combined with the one-third stress increase permitted by Section 1612.3, by may be combined with the duration of load increase permitted in Chapter 23. Division III. Section 16.04.260 1630.8.2.2 Detailing requirements in Seismic Zones 3 and 4. In Seismic Zones 3 and 4, elements supporting discontinuous systems shall meet the following detailing or member limitations: 1. Reinfomed concrete or reinforced masonry elements designed primarily as axial-load members shall comply with Section 1921.4.4.5. 2. Reinforced concrete elements designed primarily as flexural members and supporting other than light-frame wood shear wall systems or light-frame steel and wood structural panel shear wall systems shall comply with Sections 1921.3.2 and 1921.3.3. Strength computations for portions of slabs designed as supporting elements shall include only those portions of the slab that comply with the requirements of these Sections. 3. Masonry elements designed primarily as axial-load carrying members shall comply with Sections 2106.1.12.4, Item 1 and 2108.2.6.2.6. 4. Masonry elements designed primarily as flexural members shall comply with Section 210.2.6.2.5. 5. (Not Adopted) 6. Steel elements designed primarily as flexural members or trusses shall have bracing for both top and bottom beam flanges or chords at the location of the support of the discontinuous system and shall comply with the requirements of AISC - Seismic Part I, Section 9.4b. Section 16.04.270 (16) Modify existing UBC Sections 1630.10.2 to read as follows to reflect use of the NDS-97 National Design Standards as follows: 1630.10.2 Calculated. Calculated story drift using/xM shall not exceed 0.025 times the story height for structures having a fundamental period of less then 0.5 second. For stmctnres having a fundamental period of 0.5 second or greater, the calculated story drift shall not exceed 0.020/T ~/3 times the story height. (Note: Exceptions to remain unchanged and there is no modification to 1630.10.3) Section 16.04.280 UBC Section 1633.2.4 is hereby amended to read as follows: (Geological I) (1633.2.4) Deformation compatibility. All structural framing elements and their connections, not required by design to be part of the later-force-resisting systems, shall be designed and/or detailed to be adequate to maintain support of design dead load plus live loads when subjected to the expected deformations caused by seismic forces, pA effects on such elements shall be considered. Expected deformations shall be determined as the greater of the Maximum Inelastic Response Displacement, AM, considering pA effects determined in accordance with Section 1630.9.2 or the deformation induced by a story drift of 0.0025 times the story height. When computing expected deformations, the stiffening effect of those elements not part of the lateral- force-resisting system shall be neglected. For elements not part of the lateral-force-resisting system, the forces induced by the expected deformations may be considered as ultimate or factored forces. When computing the forces induced by expected deformations, the restraining effect of adjoining rigid structures and nonstructural elements shall be considered and a rational value of member and restraint stiffness shall be used. Inelastic deformations of members and connections are permitted to occur, provided the assumed calculated capacities are consistent with member and connection design and detailing. Section 16.04.290 UBC Table 16-N is hereby amended to read as follows: (Geological I) TABLE 16-N - STRUCTURAL SYSTEMS HEIGHT LIMIT FOR SEISMIC ZONES 3 AND 4 (feet) BASIC STRUCTURAL LATERAL-FORCE-RESISTING SYSTEM SYSTEM2 DESCRIPTION R ~ x 304.8 for mm l. Bearing wall system ]. Light-framed walls with shear panels a. Wood structural panel walls for structures 5.5 2.8 65 three stories or less b. All other light-framed walls 4.5 2.8 65 2. Shear walls a. Concrete 4.5 2.8 160 b. Masonry 4.5 2.8 160 3.Light steelyramed bearing walls with tension- 2.8 2.2 65 only bracing 4. Braced frames where bracing carries gravity load a. Steel 4.4 2.2 160 b. Concrete3 2.8 2.2 c. Hem,y timber 2.8 2.2 65 2. Building flame system 1. Steel eccentrically braced frame (EBF) 7.0 2.8 240 2. Light-framed walls with shear panels. a. Wood structural panel walls for structures 6.5 2.8 65 three stories or less b. All other light-framed walls 5.0 2.8 65 3. Shear walls a. Concrete 5.5 2.8 240 b. Masonry 5.5 2.8 160 4. Ordinary braced frames a. Steel6 5.6 2.2 356 b. Concrete3 5.6 2.2 c. Heavy timber 5.6 2.2 65 5. Special concentrically braced frames a. Steel 6.4 2.2 240 3. Moment-resisting frame L Special moment-resisting frame (SMRF) system a. Steel 8.5 2.8 N.L. b. Concrete4 8.5 2.8 N.L. 2.Masonry moment-resisting wall frame (MMRWF) 6.5 2.8 160 3.Intermediate moment-resisting wall frame (IMRF)5 a. Steep 4.5 2.8 356 b. Concrete5 5.5 2.8 4. Ordinary moment-resisting frame (OMRF) a. Steel6 3.5 2.8 6 b. Concrete~ 3.5 2.8 5. Special truss moment frames ojCsteel (STMF) 6.5 2.8 240 4. Dual systems 1. Shear walls a. Concrete with SMRF 8.5 2.8 N.L. b. Concrete with steel OMRF (Not Permitted) c. Concrete with concrete IMRF ~ 6.5 2.8 d. Masonry with SMRF 5.5 2.8 160 e. Masonry with steel OMRF (Not Permitted) f. Masonry with concrete IMRF 3 4.2 2.8 g. Masonry with masonry MMRWF 6.0 2.8 160 'gOCC uo!l~os jo sluotuosmbos a/q~o!ldd~ ot~ ql~ aotrep.~ooa~ u! £'C ! 9 [ uo!l~as jo suo!l~u!qmoo p~oI poao,vej oq~ is!saa ffeqs spoqlom u~!sap ssa.tls aiq~oip~ uo pos~q tff~!sop lams .ul~!sa(i ssa.qg alq~aSOllV g'l,O~g 0I~"~0'9I uo!iaa$ T6'6Z9 [ pu~ L'9'6Z91 uo!lva$ oaS smals~(s pamjopufl 'L stuols~$ uo!lomolu! 09I 8'i: £'g 8OIOJOUO~) '1 °tumJ'll*ax ~°qS '9 sm*ls,(s ~u!pl!nq tgi' 0'~: g'g sluamala umnloa poJaaOl[ltmD .1 umnioa po~aAOI!lU~D g'L $'8 'TN Section 16.04.320 UI~C Section 2205.3 is hereby amended to read as follows: (Geological I) 2205.3 Seismic Design Provision for Structural Steel. Steel structural elements that resist seismic forces shall, in addition to the requirements of Section 2205.2 be designed in accordance with Division IV. SECTION x15. Division IV and V of Chapter 22 of the California Building Code are deleted in their entirety. SECTION x16. Division IV of Chapter 22 of the California Building Code is added to read as follows: Division IV - SEISMIC PROVISIONS FOR STRUCTURAL STEEL BUILDINGS Based on Seismic Provision for Structural Steel Building, of the American Institute of Steel Construction, Parts I and III, dated April 15, 1997 and Supplement No. 2, dated November 10, 2000. Delete existing UBC Section 2210 and replace with the following: (Geological I) 2210 - ADOPTION Except for the modifications as set forth in Section 2211 and 2212 of the divisions and the requirements of the Building Code, the seismic design, fabrication and erection of structural steel shall be in accordance with the Seismic Provisions for Structural Steel Buildings, April 15, 1997 published by the American Institute of Steel Construction, 1 East Wacker Dr., Suite 3100, Chicago, I1 60601, as if set at length herein. The adoption of Seismic Provisions for Structural Steel Buildings in the Division, hereinafter referred to as AISC-Seismic, shall include Parts I (LRFD) and III (ASD) and Supplement No. 2, dated November 10. 2000. Where other codes, standards, or specifications are referred to in this specification, they are to be considered as only an indication of an acceptable method or material that can be used with the approval of the Building Official. Delete existing paragraph in UBC Section 2211 and replace with the following: (Geological I) 2211 - DESIGN METHODS When the load combinations from Section 1612.2 for LRFD are used, structural steel buildings shall be designed in accordance with Chapter 22 Division II (AISC-LRFD) and Part I of AISC- Seismic as modified by this Division. When the load combinations from Section 1612.3 for ASD are used, structural steel building shall be designed in accordance with Chapter 22 Division III (AISC-ASD) and Part III of AISC- Seismic as modified by this Division. Delete existing UBC Section 2212 and replace with the following: (Geological I) 2212 - AMENDMENTS The AISC-Seismic adopted by this Division apply to the seismic design of structural steel members except as modified by this Section. The following terms that appear in AISC-Seismic shall be taken as indicated in the 1997 Uniform Building Code. AISC - Seismic Seismic Force Resisting System Design Earthquake Load Combinations Eqs. (4-1) and (4-2) LRFD Specification Section Eqs. (A4-1) Through (A4-6) goQE 1997 Uniform Building Code Lateral Force Resisting System Design Basis Ground Motion Chapter 16 Eqs. (12-17) and (12-18) respectively Chapter 16 Eqs.(12-1) through (12-6) respectively Em 1. Part I, Sec. 1 of the AISC Seismic Provisions is revised as follows: 1. SCOPE These provisions are intended for the design and construction of structural steel members and connections in the Seismic Force Resisting Systems in building for which the design fomes resulting from earthquake motions have been determined on the basis of various levels of energy dissipation in the inelastic range of response. These provision shall apply to building in Seismic Zone 2 with the importance factor I greater than one, in Seismic Zone 3 and 4 or when required by the Engineer of Record. These provisions shall be applied in conjunction with, Chapter 22, Divisions II, hereinafter referred to as the LRFD Specification. All members and connections in the Lateral Force Resisting System shall have a design strength as provided I the LRFD Specification to resist load combinations 12-1 through 12-6 (in Chapter 16) and shall meet the requirements in these provisions. Part I includes a Glossary, which is specifically applicable to this Part, and Appendix S. 2. Part I, Sec. 4.1, first paragraph of the AISC Seismic Provisions is revised as follows: 4.1 Loads and Load Combinations The loads and load combinations shall be those in Section 1612.2, except as modified throughout these provisions. shingle exterior wall covering area accumulated over the life of the building commencing on or after the effective date of this ordinance. For the purposes of this code, 25% of the area of wood exterior wall covering shall be calculated from the area of the wood exterior wall shake or wood shingle covering existing on the effective date of this ordinance. Section 16.04.330 (27) Modify existing UBC Section 2316 to read as follows: (Geological I) Division III - DESIGN SPECIFICATIONS FOR ALLOWABLE STRESS DESIGN OF WOOD BUILDINGS. Part I - ALLOWABLE STRESS DESIGN OF WOOD ~,1- lC) This standard with certain exceptions is the ANSI/NfoPA NDS-97 National Design Specifications for Wood Construction of the American Forest and Paper Association 1997 Edition, National Design Specifications, adopted by reference. The National Design Specification for Wood Construction 1997 Edition, and supplement are available from the American Forest and Paper Association, 1111 19th Street, NW, Eighth Floor, Washington, DC, 20036. SECTION 2316 - DESIGN SPECIFICATIONS 2316.1 Adoption and Scope. The National Design Specification for Wood Construction 1997 Edition (NDS), which is hereby adopted as a part of this code, shall apply to the design and ... Also; 2316.2 Amendments. ...determined in accordance with these test procedures shall be multiplied by all applicable adjustment factors (see Table 7.3.1) to obtain allowable design values NDS Supplement Table 5A referred to by UBC Section 2316.2 Amendments, Item 27 is hereby deleted. Section 16.04.340 Modify existing UBC Section 2320.11.3 to read as follows: (Geological II) SECTION 2320.11.3 CONVENTIONAL CONSTRUCTION PROVISIONS (BRACING) 1997 UBC Section 2320.11.3, Items 5 & 7 are amended as follows. (New language is underlined). Delete 1997 UBC Section 2320.11.3, Item 5 which allows the use of gypsum board for bracing. Amend 1997 UBC Section 2320.11.3, Item 7 as follows: Portland cement plaster on studs spaced 16 inches on center installed in accordance with Table No. 25-1. Limited to one story structure of R-3 and U-1 occupancies. ORDINANCE NO. 1908 DRAFT AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CUPERTINO AMENDING CHAPTER 16.24 OF THE CUPERTINO MUNICIPAL CODE AND ADOPTING THE 2001 CALIFORNIA MECHANICAL CODE THE CITY COUNCIL OF THE CITY OF CUPERTINO HEREBY ORDAINS that they are adopting the 2001 California Mechanical Code and Chapter 16.24 of the Cupertino Municipal Code is amended as follows: Change section 16.24.010, 16.24.030 from 1997 to 2001 INTRODUCED at a regular meeting of the City Council of the City of Cupertino the 4th day of November 2002 and ENACTED at a regular meeting of the City Council of the City of Cupertino the day of 2002, by the following vote: Vote: Members of the City Council Ayes: Noes: Absent: Abstain: ATTEST: APPROVED: City Clerk Mayor, City of Cupertino ORDINANCE NO. 1909 DRAFT AN ORDINANCE OF THE CITY COLrNCIL OF THE CITY OF CUPERTINO AMENDING CHAPTER 16.20 OF THE CUPERTINO MUNICIPAL CODE ADOPTING THE 2001 CALIFORNIA PLUMBING CODE THE CITY COUNCIL OF THE CITY OF CUPERTINO HEREBY ORDAINS that they are adopting the 2001 California Plumbing Code and Chapter 16.20 of the Cupertino Municipal Code is amended as follows: · Change section 16.20.010, 16.20.020, 16.20.080 from 1997 to 2001 Add section 16.20.030, see Exhibit A Change section 16.20.090 to read as follows: Appendix chapters. Adopt the following appendix Chapters from the 2001 CPC: A. 2000 UPC Appendix A, Rules for Sizing Water Supply Systems. B. 2000 UPC Appendix B, Explanatory Notes on Combination Waste and Vent Systems. C. 2000 UPC Appendix C, Additional Referenced Standards. D. 2000 UPC Appendix D, Sizing Storm Water Drainage Systems. E. 2000 UPC Appendix H, Procedures for Design, Construction and Installation of Commercial Kitchen Grease Interceptors. F. 2000 UPC Appendix I, Installation Standards. G. 2000 UPC Appendix J, Reclaimed Water Systems for Non-Residential Buildings. H. 2000 UPC Appendix K, Private Sewage Disposal Systems. INTRODUCED at a regular meeting of the City Council of the City of Cupertino the 4th day of November 2002 and ENACTED at a regular meeting of the City Council of the City of Cupertino the day of 2002, by the following vote: Vote: Members of the City Council Ayes: Noes: Absent: Abstain: ATTEST: APPROVED: City Clerk Mayor, City of Cupertino Exhibit A The following Sections of the Plumbing Code are hereby amended and added to read as follows: Section 16.20.030 UPC Section 604 is hereby modified to read as follows: (Geological II) Section 604.0 Materials 604.1 Water distribution pipe, building supply water pipe and fittings shall be of brass, copper, cast iron, galvanized malleable iron, galvanized wrought iron, galvanized steel, or other approved materials. Asbestos-cement, CPVC, PE, PVC, or PEX water pipe manufactured to recognized standards may be used for cold water distribution systems outside a building. CPVC, PEX water pipe, tubing, and fittings, manufactured to recognized standards may be used for hot and cold water distribution systems within a building. All materials used in the water supply system, except valves and similar devices shall be of a like material, except where otherwise approved by the Administrative Authority. UPC Section 604.11 is hereby amended to read as follows: 604.11 PEX. Cross-linked polyethylene (PEX) tubing shall be marked with the appropriate standard designation(s) listed in Table 14-1 for which the tubing has been listed or approved. PEX tubing shall be installed in compliance with the provisions of this section. UPC Section 604.11.1 is hereby amended to read as follows: 604.11.1 PEX Fittings. Metal Insert Fittings and Metal Compression Fittings used with PEX tubing shall be manufactured to and marked in accordance with the standards for the fittings in Table 14-1. UPC Section 604.11.2 is hereby amended to read as follows: 604.11.2 Water Heater Connections. PEX tubing shall not be installed within the first eighteen (18) inches (457 mm) of piping connected to a water heater. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CUPERTINO AMENDING CHAPTER 16.16 OF THE CUPERTINO MUNICIPAL CODE AND ADOPTING THE 2001 EDITION OF THE CALIFORNIA ELECTRICAL CODE THE CITY COUNCIL OF THE CITY OF CUPRTINO HEREBY ORDAINS that they are adopting the 2001 edition of the California Electrical Code, and Chapter 16.16 of the Cupertino Municipal Code is amended as follows: · Amend Section 16.16.010, and change all 1996 dates to 2001. Add 7 amendments as contained in attached Exhibit A INTRODUCED at a regular meeting of the City Council of the City of Cupertino the 4th day of November 2002 and ENACTED at a regular meeting of the City Council of the City of Cupertino the __ day of 2002, by the following vote: Vote: Members of the City Council Ayes: Noes: Absent: Abstain: ATTEST: APPROVED: City Clerk Mayor, City of Cupertino Exhibit A The following Sections of the Electrical Code are hereby amended and added to read as follows: Section 16.16.080 NEC Section 110.26 ( C ) is hereby modified to read as follows: (Geological I) Section 110.26 ( C ) Access and Entrance to Working Space. For equipment rated 1200 amperes or more and over 6 fi (1.83 m) wide, there shall be one entrance not less than 24 in. (610 mm) wide and 6 ½ (1.98 m) high at each end of the working space. Where the entrance has a personnel door(s), the door(s) shall open in the direction of egress and be equipped with panic bars, pressure plates or other devices that are normally latched but open under simple pressure. Section 16.16.090 NEC Section 210.12 (B) is hereby modified to read as follows: (Geological I) Section 210.12 (B) Dwelling Unit Bedrooms. All branch circuits that supply125-volt, single- phase, 15 and 20-ampere outlets installed in dwelling unit bedrooms shall be protected by an arc- fault circuit interrupter listed to provide protection of the entire branch circuit. Section 16.16.100 NEC Section 336-4 is hereby modified to read as follows: (Geological II) Section 336-4 Uses Permitted. Type NM, Type NMC, and Type NMS cables shall be permitted to be used in the following: (1) One and Two-Family dwellings. (2) Multifamily dwellings permitted to be of Types III, IV, and V construction except as prohibited in 336-5. (3) Other structures permitted to be of Types III, IV, and V construction except as prohibited in 336-5. Cables shall be concealed within walls floors, or ceilings that provide a thermal barrier of material that has at least a 15-minute finish rating as identified in listings of fire- rated assemblies. (4) Cable trays, where the cables are identified for such use. Section 16.16.110 NEC Section 625.29 is hereby modified to read as follows: (Climatic I) Section 625.29 (D) (1) Ventilation Required. (1) Table Values: For supply voltages and currents specified in Table 625-29 (D)(1) or 625-29 (D)(2). The minimum ventilation requirements shall be as specified in Table 625- 29(D)(1 ) or Table 625-29(D)(2) for each of the total number of electric vehicles that can be charged at one time. Section 16.16.120 NEC Section 690 is hereby modified to read as follows: (Climatic I) Section 690 Solar Photovoltaic Systems. Article 690 of the 2002 NEC may be substituted in its entirety for the installation of photovoltaic systems. Section 16.16.130 NEC Section 692 is hereby added: (Climatic I) Section 692 Fuel Cell Systems: Article 692 of the 2002 NEC is hereby adopted in its entirety. Section 16.16.140 NEC Section 695 is hereby modified: (Geological II) Section 695 Fire Pumps. Article 695 of the 2002 NEC is hereby adopted in its entirety. ou!~xodno 3o ~I!D '~oX~IA[ :O~AO~ddV :u!msqv :mosqv :saoN ipunoD Ai!D oqUo s~oqmoBI :mOA :moa Su.U~OlIOJ oql ,(q 'Z00g jo/[up ' oql ou!l.xodnD jo Xl.tD oql jo IPunoD KI!D otI1 jo ~ugoom auln~oa u lu (I~t£DVN~I ptm i~00~; aoqmo~xON jo ,(up ql'g oql ou!laodnD jo ,(I!D oql jo it. ounoD KI!D oql jo Su!loom auIn~oa u lu (I~DD. OO~I&NI 'V 1.tq!qx~t poqoullu u.t pou!uluoo su polouuo-oa puu pol~odoa s! *po7) l*d!o!unlAI oux. uodnD oql jo 0~'9I ~olduqD luql SNIV(]~IO XI~tit~I~tH ONI£~IEMFID ~10 X£ID ~tH£ rlO 'IIDNI'IOD X£ID ~tH£ EKIOD WdkI VIN'dOzlI'IVD ~tH£ riO NOI&IO~I I00g ~tH& 9NIIdOGV it(IOD qVdlDINDBI ONI&~IEIdFID ~tHI dO 01~'91 ~IEIIdVHD DNI£DVN~I-Wd ~NV DNI'IV~dWd ONI£1t~ldflD ~IO X£ID ~tH£ ~IO ~IIDNDOD XZID ~tH£ dO EIDNVNICPdO NV II6I 'ON ~DNVMIOltO EXHIBIT A 16.40.010 Adoption Of The 2001 California Fire Code And 2000 Uniform Fire Code There is hereby adopted by the City of Cupertino for the purpose of prescribing regulations governing conditions hazardous to life and property from fire or explosion, that certain code known as the 2001 California Fire Code and also the 2000 Uniform Fire Code, including Appendix Chapters I-C, II-A, II-B, II-I, II-J, III-A, III-B, III-C, III-D, IV-A, V-A, VI- A, VI-B, VI-C, and VI-J being particularly the 2000 Editions thereof and the whole thereof, save and except such portions as are hereinafter deleted, modi£~ed or amended by this ordinance, of which one copy has been £~led for use and examination by the public in the of£~ce of the City Building Official and the City Fire Chief and the same adopted and incorporated as fully as if set out at length herein, and from the date on which this ordinance shall take effect, the provision thereof shall be controlling within the limits of the City of Cupertino. 16.40.020 Administration Section 101.3.1 is added to read as follows: 101.3.1 Administration. The City Manager, through the powers vested by the City Council, shall have the authority to delegate any and all responsibility for the maintenance and enforcement of the provisions of this Code to whichever legal entity he feels best serves the interests of the City. Wherever the words "Chief," "Fire Marshal," "Fire Department," "Fire Prevention Bureau," "Fire Chief," and other such similar words are used, they shall mean and refer to such legal entity designated by the City Manager of Cupertino under the authority of the City Council of Cupertino. , .... . used, they shall mean the Wherever the words "municipality," jurisdiction, or "city" are City of Cupertino. Wherever the words "Executive Body" are used, they shall mean the City Council of Cupertino. Wherever the words "Administrator" or "Executive" are used, they shall mean the City Manager of Cupertino. Wherever the words "District Attorney" or "Corporation Counsel" are used, they shall mean the City Attorney of Cupertino. Wherever the words "Board of Appeal" are used, they shall mean the City Council of Cupertino or the body appointed by the Council to pass on matters pertaining to fire safety. 16.40.030 Establishment of limits of districts in which storage of flammable or combustible liquids in outside aboveground tanks is prohibited. The limits referred to in Sections 7902.2.2.1 and 7904.2.5.4.2 of the California Fire Code, in which the storage of flammable or combustible liquids in aboveground tanks is prohibited are hereby established as all locations of the City of Cupertino that are residential or congested commercial areas as determined by the Chief. 16.40.040 Establishment of limits in which storage of liquefied petroleum gases is prohibited. The limits referred to in Section 8204.2 of the California Fire Code, in which storage of liquefied petroleum gas is restricted, are hereby established as all locations of the City of Cupertino that are residential or congested commercial areas. Exceptions: LPG may be used for industrial operations or when natural gas would not provide a viable substitute for LPG. Portable containers for temporary heating and/or cooking uses may be permitted if stored and handled in accordance with this code. Facilities in commercial areas for refueling portable or mobile LGP containers may be approved by the Chief on a case by case basis. 16.40.050 Establishment of limits of districts in which the storage of explosives and blasting agents is to be prohibited. The limits referred to in Section 7701.7.2 of the Uniform Fire Code, in which the storage of explosives and blasting agents is prohibited, are hereby established as the City limits of the City of Cupertino. 16.40.060 Establishment of limits of districts in which the storage of compressed natural gas is to be prohibited. The limits referred to in Section 5204.5.2 of the Uniform Fire Code, in which the storage of compressed natural gas is prohibited, are hereby established as all locations of the City of Cupertino that are residential. Locations for the storage and/or dispensing of compressed natural gas in commercial areas shall be as approved by the Chief on a case by case basis. 16.40.070 Establishment of limits of districts in which the storage of stationary tanks of flammable cryogenic fluids are to be prohibited. The limits referred to in Section 3-1.5 of the Uniform Fire Code Standard 80-3 in which the storage of flammable cryogenic fluids in stationary containers is prohibited are hereby established as all locations of the City of Cupertino which are residential and congested commercial areas as determined by the chief. 16.40.080 Appeals Section 103.1.4 is amended to read as follows: 103.1.4 Appeals. To determine the suitability of alternate materials and types of construction and to provide for reasonable interpretations of the provisions of this code, there shall be and hereby is created a board of appeals. The board of appeals shall be construed to mean and shall consist of the City Council of the City of Cupertino. 16.40.090 Final Inspection Section 103.3.2.4 is added to read as follows: 103.3.2.4 Final Inspection. No final inspection as to all or any portion of a development shall be deemed completed until the installation of the required fire protection facilities and access ways have been completed and approved. No final certificate of occupancy may be granted until the Fire Department issues notice of final clearance to the Building Department. 16.40.100 Permits for Compressed Gases Section 105.8 c.7 is amended to read as follows: c.7. COMPRESSED GASES. To store, use or handle at normal temperatures and pressures compressed gases in excess of the amounts listed in Table 105-A, to install any piped distribution system for compressed gases, or to install a non-flammable medical gas manifold system. A permit is required to install, repair, abandon, remove, place temporarily out of service, close or substantially modify a compressed gas system. EXCEPTIONS: 1. Routine maintenance. 2. For emergency repair work performed on an emergency basis, application for permit shall be made within two working days of commencement of work. 3. Inert and simple asphyxiants at or below the amounts listed in Table 105-A. The permit applicant shall apply for approval to close storage, use or handling facilities at least 30 days prior to the termination of the storage, use or handling of compressed or liquefied gases. Such application shall include any change or alteration of the facility closure plan filed pursuant to Section 8001.13. This 30-day period may be waived by the chief if there are special circumstances requiring such waiver. 16.40.110 Permits for Cryogens Section 105.8 c.9 is amended to read as follows: c.9. CRYOGENS. Except where federal or state regulations apply and except for fuel systems of the vehicle, to produce, store or handle cryogens in excess of the amounts listed in Table 105-B, or to install a cryogenic vessel or piping system for the storage or distribution of cryogens. See Article 75. 16.40.120 Permits for Day Care Facility Section 105.8 d.3 is added to read as follows'.. d.3 Day care facility. To operate a business as a day care facility for more than 6 people. 16.40.130 Permits for Fire Protection Systems Section 105.8 f.6 is added to read as follows: f.6 Fire protection systems. To install, alter or change any fire hydrant system, extinguishing system or fire alarm system. fire 16.40.140 Permits for Institutions Section 105.8 i.1 is _added tO read as follows: i.1 Institutional. To operate, maintain, or use any institutional type occupancy. For the purpose of this Section, an institution shall be, but is not limited to: hospitals, children's home, home or institution for insane or mentally retarded persons, home or institution for the care of aged or senile persons, sanitarium, nursing or convalescent home, cemfied famdy care homes, res~dentml care homes for the elderly, out of home placement facilities, halfway house, and day care nurseries or similar facility of any capacity.) 16.40.150 Permit Amounts for Compressed Gases Table 105-A is amended as follows: RMIT AMOUNTS FOR COMPRESSED GASES~ TYPE OF GAS AMOUNTIcubic feet)~ X 0.0283 for m= 200 Corrosive =lammable (except cryogenic and liquefied petroleum [tases) 200 Highly toxic Any amount Inert and simple asphyxiant 6,000 200 irritant 20 Moderately toxic 650 Other health hazards 504 Oxidizin9 (including oxygen) Any amount Pyrophoric Any amount Radioactive 200 Sensitizer Any Amount Toxic Any amount Unstable (reactive) .................. : ..... ~ .,.,,~ ~v,-~,~ti~ See Articles 74, 80 and 82 for additional reqmreme Cubic feet measured at normal temperature and pressure. 16.40.160 PERMIT AMOUNTS FOR HAZARDOUS MATERIALS Table 105-C is amended as follows: *,MIT AMOUNTS FOR HAZARDOUS MATERIALS~ TYPE OF MATERIAL AMOUNT x 0.4536 for lbs. to kg x 3.785 for gal. to L Caminogens 10 pounds Cellulose nitrate See No. c.4 Combustible fiber See No. c.5 Combustible liquids See No. f. 3 Corrosive gases See No. c.7 Corrosive liquids 55 gallons Corrosive solids 500 pounds Cryogens See No. c.9 Explosives See No. e.1 Fireworks, 1.4G See No. f.2 Flammable gases See No. c.7 Flammable liquids See No. f.3 Flammable solids 10 pounds Highly toxic gases (including pesticides and fumigants) See No. c.7 Highly toxic liquids and solids (including pesticides and fumigants) Any amount Irritant liquids 55 gallons Irritant solids 500 pounds Liquefied petroleum gases See No. i.1 Magnesium ,See No. m. t Moderately toxic gas See No. c.7 Nitrate film See No. c.3 Oxidizing gases See No. c.7 Oxidizing liquids Any amount Oxidizing solids Any amount Organic peroxide liquids and solids Any Amount Other health hazards: Liquids 55 gallons Other health hazards: Solids 500 pounds Pyrophoric gases See No. c.7 Pyrophodc liquids Any amount Pyrophodc solids Any amount Radioactive materials (including gases, liquids and solids) See No. c.7 and r. 1 Sensitizer liquids 55 gallons Sensitizer solids 500 pounds Toxic gases See No. c.7 Toxic liquids Any amount Toxic solids Any amount Unstable (reactive) gases See No. c.7 Unstable reactive liquids Any amount Unstable reactive solids Any amount Water reactive liquids Any amount Water reactive solids Any amount I See Article 80 for additional requirements and exce )tions. 16.40.170 Permit Fees Section 105.9 is added to read as follows: 105.9 Permit Fees. Fees shall be paid to the Santa Clara County Fire Departmem as follows: ONE TIME FEE 1. Permit fees and plan review fees for fire hydrant systems, fire extinguishing systems, fire alarm systems shall be charged in accordance with Section 107 of the Building Code. For the purposes of determining the fee amount, the total valuation shall be limited to the value of the system for which the permit is being issued. 2. Additional reinspections $30.00 each 3. Tents in excess of 200 sq. ft. or canopies in excess of 400 sq. ft. $85.00 (or for each permit) 4. Job site consultation as determined by the Fire Chief $50.00 Man Hour/1 Hour Minimum ANNUAL FEES 1. Institutional permits A. Over 50 persons $100.00 B. More than 6 persons $ 75.00 2. Day Care Facilities More than 6 clients $35.00 · ltmao~.tijoa u.mmoo ~mtl mo~sXs ~ 30 suo!l~od l[~ ~o ls!suoo iI~qs ~IflDHID £NVll2IDIllzI2tlt · I-6IZ NIOIZD~S :s~oIloJ sg p~a.I o; uo!l!mjop ~ pp. ol papuom~ s! ~I-6 [Z uo!;ooS uo!;!u~all ;!na~!D ;u~aa~!~ja}I 0II70V9I :s,,aoi[oJ su peru ol uo!l!mjop ~ ppu o; popuam~ s! IN-~ I C uo!loo$ uo!l!u~aO s~D a!xo& ,{[a:~BJopoIA[ 00Z'0V9I H-60~ :s~oiloJ s~ p~as ol uo!l!u~op ~ pp~ ol popuom~ st. H-60Z uo!loo$ uo!i!mJa{l Ugld luamag~U~lhI Sll~l. Jall~lA! snopJgzgH 06I'0V9I · salnu!m g poa*xa ol lou Sl~A~OlU! 1~ S!s~q l,O!IV<V ~ UO pouuoMad oq ol p*A~OII~ S! S!SLI~U¥ 'uo!ldm.xolu! lnoql!~ pottuoj~od s! ~u!Idums ptm uo!lmado snonu.quoo u! pou!mu!,m s! luommlsu! [~o!lXl*U* aql a.xaqr,a mmsXs uo!l~olop s~ ~ s! mols<s uo!l**l*p s~ snonu!luoD 'B/:t,LSA$ NOI&D:tJ~:t{I SVD SI1OflNLLNOD :SA~OIIOJ SU p~m O1 suot. l!mJap pp~ ol popuoure s! O-?0g uo!lvaS ~uo!l!u~aO p!nb!q aA!NO.IJOD plll~ mal~,~S uo.tlaaiaO s~D snonu!luoD 0gl'0V9I 00'g85 oo'o $ suosJod 00£ Jo^O I I suos~od 00£-0~ 'V ] XlqmassV jo soo~id '£ 16.40.220 Secondary Containment, Segregated, Semiconductor Fabrication Storage/Use Facility, Definitions Section 220-S is amended to add definitions to read as follows: SECTION 220-S SECONDARY CONTAINMENT. Secondary containment is that level of containment that is external to and separate from primary containment and is capable of safely and securely containing the material, without discharge, for a period of time reasonably necessary to ensure detection and remedy of the primary conta'lnmem failure. SEGREGATED. Segregated is storage in the same room or inside area, but physically separated by exclusive secondary containment from incompatible materials. STORAGE/USE FACILITY. Storage/use facility is a building, portion of a building, or exterior area used for the storage, use, or handling of hazardous materials where the quantity of hazardous materials is equal to or greater than the permit amounts specified in Section 105. STORAGE/USE SYSTEM. Storage/use system is any one or combination of tanks, sumps, waste treatment facilities, pipes, vaults or other portable or fixed containers, and their secondary containment systems which are used, or designed to be used, for the storage, use, or handling of hazardous materials at a storage/use facility. 16.40.230 Workstation Definition Section 224-W is amended to add a definition to read as follows: SECTION 224 - W WORKSTATION is a defined space or independent principal piece of equipment using hazardous materials where a specific function, laboratory procedure or research activity occurs. Approved or listed hazardous materials storage cabinets, flammable liquid storage cabinets or gas cabinets serving a workstation are included as part of the workstation. A workstation is allowed to contain ventilation equipment, fire protection devices, electrical devices, and other processing and scientific equipment. 16.40.240 Access Control Devices Section 902.5 is added to read as follows: 902.5 Access Control Devices. When access control devices including bars, grates, gates, electric or magnetic locks or similar devices which would inhibit rapid fire department emergency access to the building are installed, such devices shall be approved by the chief. All access control devices shall be provided with an approved means for deactivation or unlocking by the fire department. Access control devices shall also comply with Article 12 for exiting. 16.40.250 Water Supplies Section 903.3 is amended to read as follows: 903.3. Type of Water Supply. Water supply is allowed to consist of reservoirs, pressure tanks, elevated tanks, water mains or other fixed systems capable of providing the required fire flow. In setting the requirements for fire flow, the chief may be guided by Appendix III-A. Where water supplies available for fire protection do not meet the requirements of Appendix III- A, an approved (approved means as approved by the Fire Chief) automatic fire sprinkler system installed throughout the building will be an acceptable alternate to all or a portion of the water supply required, as determined by the Chief, provided that a sprinkler system is not otherwise required by this code or the Building Code. 16.40.260 Fire Extinguishing System Standards Section 1003.1.2, is amended to read as follows: 1003.1.2 Standards. Fire extinguishing systems shall comply with the Building Code. Fire sprinkler systems required by the Building Code or Fire Code, as herein amended, shall be installed in accordance with National Fire Protection Association (NFPA) Standards, as referenced in the Building Code, and Fire Department Standards. 16.40.270 Monitoring of Other Approved Fire Extinguishing Systems Section 1003.1.3 is added to read as follows: 1003.1.3 Monitoring of Other Approved Fire Extinguishing Systems. When a fire alarm system or fire sprinkler monitoring system is installed in a building, the system shall monitor all fire extinguishing systems including, but not limited to, commercial kitchen extinguishing systems, clean' agent systems, CO2 systems, dry chemical and foam systems. When a fire alarm system is installed, activation of any fire extinguishing system shall send an alarm signal to the system control panel and initiate the alarm signaling devices. 16.40.280 Required Fire Sprinkler Systems for Buildings Section 1003.2.2, paragraph 1 is amended to read as follows: All occupancies. An automatic fire sprinkler system shall be installed: 16.40.290 Fire Sprinkler Systems for Buildings Section 1003.2.2~ items 6 through 9 are added to read as follows: 6. In all new buildings where the fire flow for the building, in accordance with Appendix III-A, exceeds 2,000 gallons per minute or, is three (3) or more stories in height or, the floor area exceeds 10,000 square feet. 7. Throughout all existing buildings when modifications are made that increases the fire flow, in accordance with Appendix III-A, to more than 2,000 gallons per minute or, increases the number of stories to three (3) or more or, increases the floor area to more than 10,000 square feet. 8. In all new buildings located in the designated Hazardous Fire Area. Exception: Accessory structures to single family residences that are 500 square feet or less. 9. Throughout all existing remodeled buildings located in the designated Hazardous Fire Area. Exception: When additions of 500 square feet or less are made to the original permitted structure. 16.40.300 Immersion Heaters. Section 1107.3 is added to read as follows 1107.3 Immersion heaters. All electrical immersion heaters used in dip tanks, sinks, vats and similar operations shall be provided with approved over-temperature controls and low liquid level electrical disconnects. Manual reset of required protection devices shall be provided. 16.40.310 Portable Fueled Open-Flame Heating Appliances. Section 1109.3.1 is added to read as follows: 1109.3.1 Portable Fueled Open-Flame Heating Appliances. Portable fueled open-flame heating devices shall be approved for use by the Chief. 16.40.320 Emergency Plans. Section 1303.4.4 is added to read as follows: 1303.4.4 Cabinets. In large commercial, industrial or residential complexes the Chief may require the Emergency Plan and the HMBP to be in locked cabinets at an approved Location. 16.40.340 Protected aboveground tanks. Section 5202.3.7.1 is amended to read as follows: 5202.3.7.1 Size. Primary tanks of protected aboveground tanks shall not exceed a 2,000 gallon individual or 6,000 gallon aggregate capacity. Tank installations having the maximum allowable aggregate capacity shall be separated from other installation of protected tanks not less than 100 feet. 16.40.350 Refrigeration Systems Section 6301 is amended to read as follows: SECTION 6301 - SCOPE Refrigeration unit and system installations having a refrigerant circuit containing more than 220 pounds (100 kg) of Group A1 or 30 pounds (13.6 kg) of any other group refrigerant shall be in accordance with Article 63 and the Mechanical Code. See Appendix VI-J for refrigerant group descriptions. See also Sections 8001.1.2, 8001.16.7, and 8002. EXCEPTION: The chief is authorized to exempt temporary or portable installations. 16.40.360 Refrigeration Definitions Section 6303 is amended to read as follows: SECTION 6303 - DEFINITIONS For definitions of IMMEDIATELY DANGEROUS TO LIFE AND HEALTH (IDLH), LOWER FLAMMABILITY LIMIT (LFL), PERMISSIBLE EXPOOSURE LIMIT (PEL) AND REFRIGERANT AND REFRIGERANT CIRCUIT, see Article 2. For refrigerant groups, Appendix VI - J. 16.40.370 Battery System Ventilation Section 6404.6 is amended to read as follows: 6404.6 Ventilation. Ventilation shall be provided in accordance with the Mechanical Code and the following: 1. The ventilation system shall be designed to limit the maximum concentration of hydrogen to 1.0 percent of the total volume of the room in accordance with nationally recognized standards, or 2.Continuous ventilation shall be provided at a rate of not less than 1 cubic foot per minute per square foot (5.1 cubic meter per second per square meter) of floor area of the room. 3. Failure of the ventilation system shall initiate a local alarm and transmit a signal to a constantly attended station or automatically disengage the charging system. 16.40.380 Flammable And Combustible Liquids-Plans Section 7901.3.2 is amended to read as follows: 7901.3.2 Plans. Plans shall be submitted with each application for a permit to store liquids outside of buildings in containers or tanks. The plans shall indicate the method of storage, quantities to be stored, distances from buildings and property lines, accessways, fire-protection facilities, and provisions for spill control and secondary containment. 16.40.390 Flammable And Combustible Liquids-Monitoring Section 7901.14 is added to read as follows: 7901.14 Monitoring. Monitoring of flammable and combustible liquid storage/use systems shall be provided on a regular or continuous basis. The monitoring system and its frequency shall be included in the Hazardous Materials Management Plan if otherwise required or shall be in writing for approval by the chief. Monitoring methods may include but are not limited to the following; 1. Visual inspection, no less than monthly. 2. Continuous leak detection and alarm system. 3. Any system which will provide continuous, reliable monitoring of the primary container(s) capable of alerting occupants to an alarm or trouble condition; all systems are subject to approval by the chiefi 16.40.400 Flammable And Combustible Liquids-Containment Section 7901.15 is added to read as follows: 7901.15 Containment requirements. A containment system shall be required for all flammable and combustible liquids. Construction shall be substantial, capable of safely and securely containing a sudden release without discharge. Design criteria shall be performance oriented and constructed of compatible materials to resist degradation and provide structural and functional integrity for a period of time reasonably necessary to ensure detection, mitigation, and repair of the primary system. The Chief may require outside containment areas to be covered with a roof or canopy for protection from the environment. 16.40.410 Flammable And Combustible Liquids-Tank Locations Section 7902.2.2.1 is amended to read as follows: 7902.2.2.1 Locations where above ground tanks are prohibited. The storage of Class I, II and III-A liquids in aboveground tanks outside of buildings is permitted only in locations not prohibited by this ordinance, or as otherwise approved by the Chief, and shall be installed as follows: 1. Double wall steel aboveground tanks used for the storage of Class II and III-A liquids including integral diesel fuel storage tanks for generators or fire pumps, which are listed and limited to a capacity of 660 gallons. Tanks shall be located a minimum often (10) feet from any building and property line which is or can be built upon, unless protected by an unpierced two (2) hour fire resistive wall extending not less than 30 inches above and to the sides of the storage area. 2. Protected aboveground storage tanks storing diesel fuel that is used to power generators or fire pumps shall not exceed 4,000 gallons individual capacity and 16,000 gallon aggregate capacity. Tanks with capacities of 661-4,000 gallons shall be located a minimum of ten (10) feet from any building and fifteen (15) feet from a property line which is or can be built upon unless protected by an non-pierced two (2) hour fire resistive wall extending not less than 30 inches above and to the sides of the storage area. Tanks shall be installed in accordance with Article 52. 3. As approved by the Fire Chief, aboveground storage tanks used for dispensing fuel for motor vehicles shall be installed and maintained in accordance with Article 52. 16.40.430 Hazardous Materials Permits Section 8001.3.2 is amended to read as follows: 8001.3.2 Hazardous materials management plan. When required by the Chief, each application for a permit shall include a hazardous materials management plan (HMMP). The location of the HMMP shall be posted adjacent to permits when an HMMP is provided. The HMMP shall include a facility site plan designating the following: 1. Storage and use areas, 2. Maximum amount of each material stored or used in each area, 3. Range of container sizes, 4. Locations of emergency isolation and mitigation valves and devices, 5. Product conveying piping containing liquids or gases, other than utility-owned fuel gas lines and low-pressure fuel gas lines, 6. On and off positions of valves for valves which are of the self-indicating type, and 7. Storage plan showing the intended storage arrangement, including the location and dimensions of aisles. The plans shall be legible and approximately to scale. Separate distribution systems are allowed to be shown on separate pages. The applicant may use a copy of an up to date Hazardous Materials Business Plan, which has been approved under Health and Safety Code, Chapter 6.95, Sections 25500 through 25545, and the regulations adopted thereunder, to satisfy the requirements for an HMMP. 16.40.440 Hazardous Materials Inventory Statement Section 8001.3.3 is amended to read as follows: 8001.3.3 Hazardous materials inventory statement. When required by the chief, owners or operators of storage/use facilities shall submit a hazardous materials inventory statement (HMIS). The HMIS shall include the information required for a hazardous materials inventory statement prepared under Health and Safety Code, Chapter 6.95, Sections 25500 through 25545, and Title 19, Division 2, Chapter 3. A hazardous materials/waste registration form may be submitted for materials below the threshold limit of Chapter 6.95, Sections 25500 through 25545, and Title 19, Division 2, Chapter 3. 16.40.450 Systems, Equipment and Processes - Design and Construction Section 8001.4.3.2 is amended to read as follows: 8001.4.3.2 Design and construction. Piping, tubing, valves, fittings and related components used for hazardous materials shall be in accordance with the following: 1. Piping, tubing, valves, fittings and related components shall be designed and fabricated from materials compatible with the material to be contained and shall be of adequate strength and durability to withstand the pressure, structural and seismic stress, and exposure to which they are subject, 2. Piping and tubing shall be identified in accordance with nationally recognized standards (see Article 90, Standard a.2.1) to indicate the material conveyed, 3. Emergency shutoff valves shall be identified and the location shall be clearly visible and indicated by means of a sign, and 4. Backflow-prevention or check valves shall be provided when the backflow of hazardous materials could create a hazardous condition or cause the unauthorized discharge of hazardous materials. 5. Secondary containment or equivalent protection from spills shall be provided for piping for liquid hazardous materials and for highly toxic and toxic corrosive gases above permitted mounts. Secondary containment includes, but is not limited to double walled piping. EXCEPTIONS: 1. Secondary containment is not required for toxic corrosive gases if the piping is constructed of inert materials. 2. Piping under sub-atmospheric conditions if the piping is equipped with an alarm and fail-safe-to-close valve activated by a loss of vacuum. 6. Piping and tubing used for the transmission of toxic gases shall have welded connections throughout unless an exhausted enclosure is provided. 7. Expansion chambers shall be provided between valves whenever the regulated gas may be subjected to thermal expansion. Chambers shall be sized to provide protection for piping and instrumentation and to accommodate the expansion of regulated materials. 16.40.460 Piping for Health Hazard Materials Section 8001.4.3.3 is amended to read as follows: 8001.4.3.3 Additional regulations for piping for health hazard materials. Supply piping and tubing for gases and liquids having a health hazard ranking of 3 or 4 in accordance with UFC Standard 79-3 shall also be in accordance with the following: 1. Piping and tubing utilized for the transmission of highly toxic or toxic material shall have welded or brazed connections throughout unless an exhausted enclosure is provided if the material is a gas, or the piping is provided with a receptor for containment if the material is a liquid, 2. Piping and tubing shall not be located within corridors, within any portion of a means of egress required to be enclosed in fire-resistive construction or in concealed spaces in areas not classified as Group H Occupancies, EXCEPTION: Piping and tubing within the space defined by the walls of corridors and floor or roof above or in concealed space above other occupancies when installed in accordance with the Building Code as required for semi-conductor fabrication facilities classified as Group H Occupancies. 3. Where gases or liquids are carried in pressurized piping above 15 psig (103.4 kPa), excess flow control shall be provided. Where the piping originates from within a hazardous material storage room or area, the excess flow control shall be located within the storage room or area. Where the piping originates from a bulk source, the excess flow control shall be located as close to the bulk source as practical, and 4. Readily accessible manual or automatic remotely activated fail-safe emergency shutoff valves shall be installed on supply piping and tubing at the following locations: 4.1 The point of use, and 4.2 The tank, cylinder or bulk source. 16.40.470 Release of Hazardous Materials Section 8001.5.2.2 is amended to read as follows: 8001.5.2.2 Notification. The chief shall be notified immediately when a release or an unauthorized discharge escapes containment or is contained but presents a threat to health or property or becomes reportable under state, federal or local regulations. 16.40.480 Identification signs Section 8001.7 is amended to read as follows: 8001.7 Identification Signs. Visible hazard identification signs as specified in UFC Standard 79-3 shall be placed on stationary aboveground tanks and at entrances to locations where hazardous materials are stored, dispensed, used or handled in quantities requiring a permit. Signs shall be provided at specific entrances and locations designated by the chief. EXCEPTION: The chief may waive this requirement in special cases when consistent with safety if the owner or operator has submitted a hazardous materials management plan and hazardous materials inventory statement. See Sections 8001.3.2 and 8001.3.3. Individual containers, cartons or packages shall be conspicuously marked or labeled in accordance with nationally recognized standards. Hazardous materials shall be identified, at a minimum, with legible, readily visible labels in contrasting colors that clearly identify the material by generic chemical name(s), percentage concentration(s), and hazard class(es). Such labels shall be legible from a relatively safe distance dependent upon volume and use. Rooms or cabinets containing compressed gases shall be conspicuously labeled COMPRESSED GAS. Signs shall not be obscured or removed. Signs shall be in English as a primary language or in symbols allowed by this code. Signs shall be durable. The size, color and lettering shall be in accordance with nationally recognized standards. 16.40.490 Ventilation Dueting Labeling Section 8001.7.1 is added to read as follows: 8001.7.1 Ventilation dueting. Product conveying ducts for venting hazardous materials operations shall be labeled with the hazard class of the material being vented and the direction of flow. 16.40.500 Piping and Tubing Labeling Section 8001.7.2 is added to read as follows: 8001.7.2 "H" occupancies. In "H" occupancies, all piping and tubing may be required to be identified when there is any possibility of confusion with hazardous materials transport tubing or piping. Flow direction indicators are required. 16.40.510 Separation of Incompatible Materials Section 8001.11.8 is amended to read as follows: 8001.11.8 Separation of incompatible materials. Incompatible materials in storage and storage of materials incompatible with materials in use shall be separated Separation shall be accomplished by: I. Segregating incompatible materials storage by a distance of not less than 20 feet (6096 mm), 2. Isolating incompatible materials storage by a noncombustible partition extending not less than 18 inches (457.2 mm) above and to the sides of the stored material, 3. Storing liquid and solid materials in hazardous materials storage cabinets (see Section 8001.3.2), or 4. Storing compressed gases in gas cabinets or exhausted enclosures in accordance with Sections 8003.3.1.3.2 and 8003.3.1.3.3. Materials which are incompatible shall not be stored within the same cabinet or exhausted enclosure. 16.40.520 Monitoring of Hazardous Materials Section 8001.11.10 is added to read as follows: 8001.11.10 Monitoring. Monitoring of storage/use systems of liquid and solid hazardous materials shall be provided on a regular or continuous basis. The monitoring system and its frequency shall be included in the Business Plan if otherwise required or shall be in writing for approval by the Chief. Monitoring methods may include but are not limited to the following; 1. Visual inspection, no less than monthly. 2. Continuous leak detection and alarm system. 3. Any system which will provide continuous, reliable monitoring of the primary comainer(s) capable of alerting occupants to an alarm or trouble condition; all systems are subject to approval by the Chief. 16.40.530 Secondary Containment Requirements Section 8001.11.11 is added to read as follows: 8001.11.11 Secondary containment requirements. A containment system shall be required for all hazardous materials which are liquids or solids at normal temperature and pressure (NTP). Construction shall be substantial, capable of safely and securely containing a sudden release without discharge. Design criteria shall be performance oriented and constructed of compatible materials to resist degradation and provide structural and functional integrity for a period of time reasonably necessary to ensure detection, mitigation, and repair of the primary system. The Chief may require outside contairmaent areas to be covered with a roof or canopy for protection from the environment. 16.40.540 Storage/Use System Closure Section 8001.13 is amended to read as follows: 8001.13 Facility and Storage/Use System Closure. 16.40.550 Temporarily Out-of-Service Facilities Section 8001.13.1 is amended to read as follows: 8001.13.1 Temporarily out-of-service facilities and storage/use systems. Facilities which are temporarily out of service shall continue to maintain a permit and be monitored and inspected. 16.40.560 Temporarily Out-of-Service Facilities Section 8001.13.2 is amended to read as follows: 8001.13.2 Permanently out-of-service facilities and storage/use systems. Facilities for which a permit is not kept current or is not monitored and inspected on a regular basis shall be deemed to be permanently out of service and shall be closed in accordance with Section 8001.13.3. 16.40.570 Storage Termination Plan Section 8001.13.3 is amended to read as follows: 8001.13.3 Plan. The permit holder or applicant shall submit a plan to the fire department to terminate storage, dispensing, handling or use of hazardous materials at least 30 days prior to facility or storage/use system closure. The plan shall demonstrate that hazardous materials, which were stored, dispensed, handled or used in the facility, have been transported, disposed of or reused in a manner that eliminates the need for further maintenance and any threat to public health and safety. Such plan shall be submitted in accordance with Section 8001.3. I. 16.40.580 Highly Toxic Gases Section 8001.16.5 is added to read as follows: 8001.16.5 Highly Toxic Gases. 16.40.590 Highly Toxic Gas Storage Indoors Section 8001.16.5.1 is added to read as follows: 8001.16.5.1 Indoor storage. Indoor storage of any amount of highly toxic gases shall be in accordance with Sections 8001.1 - 8001.15, 8001.16.5, 8001.16.6, 8001.16.7, 8003.3.1, and 8003.3.3. 16.40.600 Highly Toxic Gas Storage Outdoors Section 8001.16.5.2 is added to read as follows: 8001.16.5.2 Outdoor storage. Outdoor storage of any amount of highly toxic gases in shall be in accordance with Sections 8001.1 - 8001.15, 8001.16.5, 8001.16.6, 8001.16.7, 8003.3.2, and 8003.3.3. 16.40.610 Highly Toxic Gas Use and Handling Section 8001.16.5.3 is added to read as follows: 8001.16.5.3 Indoor use and handling. Indoor use and handling of any amount of highly toxic gases shall be in accordance with Sections 8001.1 - 8001.15, 8001.16.5, 8001.16.6, 8001.16.7, 8004.1, 8004.2.3.7.1 - 8004.2.3.7.6, and 8004.4.3. 16.40.620 Highly Toxic Gas Shut-Off Valves Section 8001.16.5.3.1 is added to read as follows: 8001.16.5.3.1 Automatic shut-off-valve. An automatic valve which is of a fail safe to close design shall be provided to shut off the supply of highly toxic gases for any of the following: 1. Activation of a fire alarm system. 2. Activation of the gas detection system. 3. Failure of emergency power. 4. Failure of primary containment. 6. Seismic activity. 7. Failure of required exhaust flow ventilation. 16.40.630 Highly Toxic Gas Emergency Control Station Signals Section 8001.16.5.3.2 is added to read as follows: 8001.16.5.3.2 Emergency control station. Signals from emergency equipment used for highly toxic gases shall be transmitted to an emergency control station which is continually staffed by trained personnel. 16.40.640 Highly Toxic Gas - Outdoor Use Section 8001.16.5.4 is added to read as follows: 8001.16.5.4 Outdoor use. Outdoor use of any amount of highly toxic gases shall be in accordance with Sections 8001.1 - 8001.15, 8001.16.5, 8001.16.6, 8001.16.7, 8004.1, and 8004.3.5 16.40.650 Toxic and Highly Toxic Gases Section 8001.16.6 is added to read as follows: 8001.16.6 Toxic Gases Including Highly Toxic Gases. 16.40.670 Toxic Gases - Indoor Storage Section 8001.16.6.1 is added to read as follows: 8001.16.6.1 Indoor storage. Indoor storage of toxic gases in quantities exceeding 10 cu. ft. per control area shall be in accordance with Sections 8001.1 - 8001.15, 8001.16.6, 8001.16.7, 8003.3.1, and 8003.3.3. 16.40.680 Toxic Gases - Outdoor Storage Section 800 I. 16.6.2 is added to read as follows: 8001.16.6.2 Outdoor storage. Outdoor storage of toxic gases in amounts exceeding 10 cu. ft. per outdoor control area shall be in accordance with Sections 8001.1 - 8001.15, 8001.16.6, 8001.16.7, 8003.3.2, and 8003.3.3. 16.40.690 Toxic Gases - Indoor Use and Handling Section 8001.16.6.3 is added to read as follows: 8001.16.6.3 Indoor use and handling. Indoor use and handling of toxic gases in amounts exceeding 10 cu. ft. per control area shall be in accordance with Sections 8001.1 - 8001.15, 8001.16.6, 8001.16.7, 8004.1, 8004.2.3.7.1 -8004.2.3.7.6, and 8004.4.3. 16.40.700 Toxic Gases - Seismic Shut-Off Valve Section 8001.16.6.3.1 is added to read as follows: 8001.16.6.3.1 Seismic shutoff valve. An automatic valve, which is of a fail safe to close design, shall be provided to shutoff the supply of gases. 16.40.710 Toxic Gases - Outdoor Use Section 8001.16.6.4 is added to read as follows: 8001.16.6.4 Outdoor use. Outdoor use of toxic gases in amounts exceeding 10 cu. f~. per outdoor control area shall be in accordance with Sections 8001.1 - 8001.15, 8001.16.6, 8001.16.7, 8004.1, and 8004.3.5. 16.40.720 Toxic Gases - Maximum Threshold Quantity Section 8001.16.6.5 is added to read as follows: 8001.16.6.5 Maximum threshold quantity. Toxic gases stored or used in quantifies exceeding 500,000 cu. ft. in a single vessel per control area or outdoor control area shall comply with the additional requirements for highly toxic gases of Section 8001.16.5 of this code. 16.40.730 Moderately Toxic Gases Section 8001.16.6.7 is added to read as follows: 8001.16.7 Moderately Toxic Gases Including Those Used as Refrigerants, Toxic Gases and Highly Toxic Gases. 16.40.740 Moderately Toxic Gases - Indoor Storage Section 8001.16.7.1 is added to read as follows: 8001.16.7.1 Indoor storage. Indoor storage of moderately toxic gases in excess of 20 cu. ft. per area shall be bounded by a one-hour fire-resistive occupancy separation and shall be in accordance with Sections 8001.1 - 8001.15,8001.16.7, 8003.3.1.2, 8003.3.1.3, and 8003.3.3. 16.40.750 Moderately Toxic Gases - Cylinder Leak Testing Section 8001.16.7.1.1 is added to read as follows: 8001.16.7.1.1 Cylinder leak testing. Cylinders shall be tested for leaks immediately upon delivery and again immediately prior to departure. Testing shall be approved by the Chief in accordance with appropriate nationally recognized industry standards and practices, if any. Appropriate remedial action shall be immediately undertaken when leaks are detected. 16.40.760 Moderately Toxic Gases - Cylinder Leak Testing Section 8001.16.7.2 is added to read as follows: 8001.16.7.2 Outdoor storage. Outdoor storage of moderately toxic gases in excess of 20 cu. ft. per outdoor area shall be in accordance with Sections 8001.1 - 8001.15, 8001.16.7, 8003.3.2, and 8003.3.3. 16.40.770 Moderately Toxic Gases - Indoor Use Section 8001.16.7.3 is added to read as follows: 8001.16.7.3 Indoor use. Indoor use and handling of moderately toxic gases in excess of 20 cu. ft. per area shall be bounded by a one-hour fire-resistive occupancy separation and shall be in accordance with Sections 8001.1 - 8001.15, 8001.16.7, 8004.1, and 8004.2.3.7.1 - 8004.2.3.7.5. 16.40.780 Moderately Toxic Gases - Purge System Section 8001.16.7.3.1 is added to read as follows: 8001.16.7.3.1 Inert gas purge system. Gas systems shall be provided with dedicated inert gas purge systems. A dedicated inert gas purge system may be used to purge more than one gas, provided the gases are compatible. Purge gas systems shall be located in an approved gas cabinet unless the system operates by vacuum demand or a check valve is supplied for the piping within the gas cabinet. 16.40.790 Moderately Toxic Gases - Outdoor Use Section 8001.16.7.4 is added to read as follows: 8001.16.7.4 Outdoor use. Outdoor use of moderately toxic gases in excess of 20 cu. ft. per outdoor area shall be in accordance with Sections 8001.1 - 8001.15, 8001.16.7, and 8004.3.5. 16.40.800 Moderately Toxic Gases - Compliance with Toxic Gas Requirements Section 8001.16.7.5 is added to read as follows: 8001.16.7.5 Moderately toxic gases with a LC50 equal to or less than 3000 parts per million. Notwithstanding the hazard class definition in Section 214-M, moderately toxic gases with an LC50 less than 3000 parts per million shall additionally comply with the requirements for toxic gases in Section 8001.16.6 of this code. 16.40.810 Moderately Toxic Gases - Maximum Threshold Quantity Section 8001.16.7.6 is added to read as follows: 8001.16.7.6 Maximum threshold quantity. Moderately toxic gases stored or used in quantities exceeding 500, 000 cu. ft. in a single vessel in an indoor or outdoor use area shall comply with the additional requirements for toxic gases of Section 8001.16.6 of this code. Moderately toxic gases stored or used in quantities exceeding 1,000,000 cu. fi. in a single vessel per area bounded by no less than a one-hour fire resistive occupancy separation or outdoor use area shall also comply with the additional requirements for highly toxic gases of Sections 8001.4.3.3, 8001.16.5, and 8001.16.6 of this code. 16.40.820 Fire Protection for Workstations and Exhaust Ducts Section 8001.17 is added to read as follows: 8001.17 Fire Protection for Workstations and Exhaust Ducts 16.40.830 Fire Protection for Workstations Section 8001.17.1 is added to read as follows: 8001.17.1 Fire Protection Systems for Workstations. When the building is protected by an automatic fire protection system, an approved fire protection system shall be provided for all workstations where hazardous materials are dispensed, stored or used. An automatic fire sprinkler head shall be installed within each branch exhaust connection or within individual plenums of workstations of combustible construction. The automatic fire sprinkler system head in the exhaust connection or plenum shall be located not more than 2 feet (610 mm) from the point of the duct connection or the connection to the plenum. When necessary to prevent corrosion, the automatic fire sprinkler head and connecting piping in the duct shall be coated with approved or listed corrosion-resistant materials. The automatic fire sprinkler system head shall be accessible for periodic inspection. EXCEPTIONS: 1. Approved alternate automatic tire-extinguishing systems are allowed. Activation of such systems shall deactivate the related processing equipment. 2. Process equipment, which operates at temperatures exceeding 932 degrees F (500 degrees C) and which is provided with automatic shutdown capabilities for hazardous materials. 3. Exhaust ducts less than 10 inches (254 mm) in diameter. 16.40.840 Hazardous Materials - Storage In Excess of Exempt Amounts Section 8003. I. 1 is amended to read as follows: 8003.1.1 Applicability. Storage of hazardous materials where the aggregate quantity is in excess of the exempt amounts set forth in Section 8001.15 shall be in accordance with Sections 8001 and 8003. Storage of hazardous materials where the aggregate quantity does not exceed the exempt amounts set forth in Section 8001.15 shall be in accordance with Section 8001. For highly toxic, toxic, and moderately gases, see also Sections 8001.16 and 8003.3. For display and storage in retail and wholesale sales occupancies, see Section 8001.14. 16.40.850 Hazardous Materials - Spill Control for Liquids Section 8003.1.3.2 is amended to read as follows: 8003.1.3.2 Spill control for hazardous materials liquids. Rooms, buildings or areas used for the storage of hazardous materials liquids shall be provided with spill control to prevent the flow of liquids to adjoining areas. Floors in indoor locations and similar surfaces in outdoor locations shall be constructed to contain a spill from the largest single vessel by one of the following methods: 1. Liquid-tight sloped or recessed floors in indoor locations or similar areas in outdoor locations, 2. Liquid-tight floors in indoor locations or similar areas in outdoor locations provided with liquid-tight raised or recessed sills or dikes, or 3. Sumps and collection systems. Except for surfacing, the floors, sills, dikes, sumps and collection systems shall be constructed of noncombustible material, and the liquid-tight seal shall be compatible with the material stored. When liquid-tight sills or dikes are provided, they are not required at perimeter openings, which are provided with an open-grate trench across the opening that connects to an approved collection system. 16.40.860 Hazardous Materials - Secondary Containment for Liquids and Solids Section 8003.1.3.3 is amended to read as follows: 8003.1.3.3 Secondary containment for hazardous materials liquids and solids. Buildings, rooms or areas used for the storage of hazardous materials liquids or solids shall be provided with secondary containment in accordance with this section. The building, room or area shall contain or drain the hazardous materials and fire-protection water through the use of one of the following methods: 1. Liquid-tight sloped or recessed floors in indoor locations or similar areas in outdoor locations, 2. Liquid-tight floors in indoor locations or similar areas in outdoor locations provided with liquid-tight raised or recessed sills or dikes, 3. Sumps and collection systems, or 4. Drainage systems leading to an approved location. Incompatible materials shall be separated from each other in the secondary containment system. Secondary containment for indoor storage areas shall be designed to contain a spill from the largest vessel plus the design flow volume of fire-protection water calculated to discharge from the fire-extinguishing system over the minimum required system design area or area of the room or area in which the storage is located, whichever is smaller, for a period of 20 minutes. Secondary containment for outdoor storage areas shall be designed to contain a spill from the largest individual vessel. If the area is open to rainfall, secondary containment shall be designed to include the volume ora 24-hour rainfall as determined by a 25-year storm and provisions shall be made to drain accumulations of groundwater and rainwater. A monitoring method shall be provided to detect hazardous materials in the secondary containment system. The monitoring method is allowed to be visual inspection of the primary or secondary containment, or other approved means. Where secondary containment is subject to the intrusion of water, a monitoring method for detecting water shall be provided. When monitoring devices are provided, they shall be connected to distinct visual or audible alarms. Drainage systems shall be in accordance with the Plumbing Code and the following: 1. The slope of floors in indoor locations or similar areas in outdoor locations to drains shall not be less than 1 percent, 2. Drains from indoor storage areas shall be sized to carry the volume of the fire-protection water as determined by the design density discharged from the automatic fire-extinguishing system over the minimum required system design area or area of the room or area in which the storage is located, whichever is smaller, 3. Drains from outdoor storage areas shall be sized to carry the volume of the fire flow and the volume of a 24-hour rainfall as determined by a 25-year storm, 4. Materials of construction for drainage systems shall be compatible with the materials stored, 5. Incompatible materials shall be separated from each other in the drainage system, and 6. Drains shall terminate in an approved location away from buildings, valves, means of egress, fire access roadways, adjoining property and storm drains. 16.40.870 TABLE 8003.1-A - REQUIRED SECONDARY HAZARDOUS MATERIALS SOLIDS AND LIQUIDS STORAGE Table 8003.1-A is amended to read as follows: CONTAINMENT Table 8003.1-A is deleted 16.40.880 Toxic and Highly Toxic Compressed Gases - Indoor Storage Section 8003.3.1.1 is amended to read as follows: 8003.3.1.1 General. Indoor storage of toxic gases exceeding 10 cu. ft. per control area and any amount of highly toxic compressed gases shall be in accordance with Sections 8001.16.5, 8001.16.6, 8001.16.7, 8003.3.1 and 8003.3.3. Indoor storage of moderately toxic gases in excess of 20 cu. fi. per area bounded by no less than a one-hour fire-resistive occupancy separation shall be in accordance with Sections 8001.16.7, 8003.3.1.2, 8003.3.1.3, and 8003.3.3. Indoor storage of toxic and highly toxic compressed gases in amounts exceeding the exempt amounts set forth in Section 8001.15 shall be in accordance with Sections 8001.16.5, 8001.16.6, 8001.16.7, 8003.1, 8003.3.1 and 8003.3.3. 16.40.890 Toxic and Highly Toxic Compressed Gases - Treatment Systems Section 8003.3.1.3.5.1 is amended to read as follows: 8003.3.1.3.5.1 General. Treatment systems shall be utilized to handle the accidental release of gas. Treatment systems shall be utilized to process all exhaust ventilation to be discharged from gas cabinets, exhausted enclosures and gas rooms. 16.40.900 Toxic and Highly Toxic Compressed Gases - Outdoor Storage Section 8003.3.2.1 is amended to read as follows: 8003.3.2.1 General. Outdoor storage of toxic gases exceeding 10 cu. ft. per control area and any amount of highly toxic compressed gases shall be in accordance with Sections 8001.16.5, 8001.16.6, 8001.16.7, 8003.3.2, and 8003.3.3. Outdoor storage of moderately toxic gases in excess of 20 cu. fi. per outdoor area shall be in accordance with Sections 8001.1 - 8001.15, 8001.16.7, 8003.3.2 and 8003.3.3. Outdoor storage of highly toxic or toxic compressed gases in amounts exceeding the exempt amounts set forth in Section 8001.15 shall be in accordance with Sections 8001.16.5, 8001.16.6, 8001.16.7, 8003.1, 8003.3.2 and 8003.3.3. 16.40.910 Toxic and Highly Toxic Compressed Gases - Outdoor Storage Distances to Exposures Section 8003.3.2.2.1 is amended to read as follows: 8003.3.2.2.1 General. Outdoor storage of highly toxic or toxic compressed gases exceeding the exempt amounts set forth in Section 8001.15 shall comply with the Building Code and Section 8003.3.2.2. 16.40.920 Hazardous Materials - Use Dispensing and Handling Section 8004.1.1 is amended to read as follows: 8004.1.1 Applicability. Use, dispensing and handling of hazardous materials where the aggregate quantity is in excess of the exempt amounts set forth in Section 8001.15 shall be in accordance with Sections 8001 and 8004. EXCEPTIONS: 1. For stationary lead-acid battery systems used for standby power, emergency power or uninterrupted power supply, see Article 64. 2. Application of pesticide products registered with the United States Environmental Protection Agency. Use, dispensing and handling of hazardous materials where the aggregate quantity does not exceed the exempt amounts set forth in Section 8001.15 shall be in accordance with Sections 8001. Use, dispensing and handling of toxic gases exceeding 10 cu. ft. per control area and any amount of highly toxic compressed gases shall additionally be in accordance with sections 8004.1.6, 8004.1.7, 8004.1.8, 8004.1.10, 8004.1.11, 8004.2.3.7.1 - 8004.2.3.7.6, 8004.3.5 and 8004.4.3 except as other wise noted. Use, dispensing and handling of moderately toxic gases exceeding 20 cu. ft. per area bounded by no less than a one-hour fire-resistive occupancy separation or 20 cu. ft. per outdoor area gases shall additionally be in accordance with sections 8004.1.8, 8004.10, and 8004.2.3.7.1 - 8004.2.3.7.5 and 8004.3.5, except as otherwise noted. For highly toxic, toxic, moderately toxic, flamnaable, oxidizing and pyrophoric gases, see also Section 8001.16. For requirements pertaining to oxidizing cryogenic fluids, see UFC Standard 80-2. For requirements pertaining to flammable cryogenic fluids, see UFC Standard 80-3. For requirements pertaining to inert cryogenic fluids, see UFC Standard 80-4. 16.40.930 Hazardous Materials Liquids Indoor Dispensing and Use In Open Systems - Spill Control Section 8004.2.2.5.1 is amended to read as follows: 8004.2.2.5.1 Spill control for hazardous materials liquids. Buildings, rooms or areas where hazardous materials liquids are dispensed into vessels or used in open systems shall be provided with spill control in accordance with Section 8003.1.3.2. 16.40.940 Hazardous Materials Liquids Indoor Dispensing and Use In Open Systems - Secondary Containment Section 8004.2.2.5.2 is amended to read as follows: 8004.2.2.5.2 Secondary containment for hazardous materials liquids. Buildings, rooms or areas where hazardous materials liquids are dispensed or used in open systems shall be provided with secondary containment in accordance with Section 8003.1.3.3. 16.40.950 Hazardous Materials Liquids Indoor Dispensing and Use - Spill Control Section 8004.2.3.6.1 is amended to read as follows: 8004.2.3.6.1 Spill control for hazardous materials liquids. Buildings, rooms or areas where hazardous materials liquids are used shall be provided with spill control in accordance with Section 8003.1.3.2. 16.40.960 Hazardous Materials Liquids Indoor Dispensing Containment Section 8004.2.3.6.2 is amended to read as follows: and Use - Secondary 8004.2.3.6.2 Secondary containment for hazardous materials liquids. Buildings, rooms or areas where hazardous materials liquids are used in vessels or systems shall be provided with secondary containment in accordance with Section 8003.1.3.3. 16.40.970 Hazardous Materials Outdoor Dispensing and Use - Quantities Not Exceeding Exempt Amounts Section 8004.3.1.2 is amended to read as follows: 8004.3.1.2 Quantities not exceeding exempt amounts. Outdoor dispensing or use of hazardous materials where the aggregate quantity does not exceed the exempt amounts specified in Tables 8001.15-C and 8001.15-D are not required to be in accordance with Section 8004 except as provided in Section 8004.3. Outdoor dispensing or use of moderately toxic gases exceeding 20 cu. fl. per outdoor area, toxic gases exceeding 10 cu. ft. per control area and any amount of highly toxic compressed gases shall be in accordance with Sections 8001.16.5, 8001.16.6, 8001.16.7, and 8004.3.5 except as otherwise noted. 16.40.980 Hazardous Materials Liquids Outdoor Dispensing and Use - Spill Control for Open Systems Section 8004.3.3.1.1 is amended to read as follows: 8004.3.3.1.1 Spill control for hazardous materials liquids. Outdoor areas where hazardous materials liquids are dispensed or used in open systems shall be provided with spill control in accordance with Section 8003.1.3.2. 16.40.990 Hazardous Materials Liquids Outdoor Dispensing and Containment for Open Systems Section 8004.3.3.1.2 is amended to read as follows: Use - Secondary 8004.3.3.1.2 Secondary containment for hazardous materials liquids. Outdoor areas where hazardous materials liquids are dispensed or used in open systems shall be provided with secondary containment in accordance with Section 8003.1.3.3. 16.40.1000 Hazardous Materials Liquids Outdoor Dispensing and Use - Spill Control for Closed Systems Section 8004.3.3.2.1 is amended to read as follows: 8004.3.3.2.1 Spill control for hazardous materials liquids. Outdoor areas where hazardous materials liquids are used in closed systems shall be provided with spill control in accordance with Section 8003.1.3.2. 16.40.1010 Hazardous Materials Liquids Outdoor Dispensing and Use - Secondary Containment for Closed Systems Section 8004.3.3.2.2 is amended to read as follows: 8004.3.3.2.2 Secondary containment for hazardous materials liquids. Outdoor areas where hazardous materials liquids are dispensed or used in closed systems shall be provided with secondary containment in accordance with Section 8003.1.3.3. 16.40.1020 Special Requirements for Moderately Compressed Gases Section 8004.3.5 is amended to read as follows: Toxic, Toxic and Highly Toxic 8004.3.5 Special requirements for moderately toxic, toxic and highly compressed gases. 16.40.1030 Special Requirements for Moderately Compressed Gases - Treatment systems Section 8004.3.5.4 is amended to read as follows: Toxic, Toxic and Highly Toxic 8004.3.5.4 Treatment systems. Treatment systems shall be provided in accordance with Section 8003.3.1.3.5. EXCEPTION: Moderately toxic, toxic, and highly toxic gases where the aggregate quantity does not exceed the exempt amounts set forth in Tables 8001-15C and 8001-15D. 16.40.1040 Hazardous Materials Handling Section 8004.4.3 is amended to read as follows: 8004.4.3 Emergency alarm. When hazardous materials having a hazard ranking of 3 or 4 in accordance with UFC Standard 79-3, toxic gases exceeding 10 cu. ft. per control area and any amount of highly toxic compressed gases are transported through corridors or exit enclosures, there shall be an emergency telephone system, a local manual alarm station or an approved alarm-initiating device at not more than 150-foot (45 720 mm) intervals and at each exit and exit- access doorway throughout the transport route. The signal shall be relayed to an approved central, proprietary or remote station service or constantly attended on-site location and shall also initiate a local audible alarm. 16.40.1050 TABLE 8004.2-A - REQUIRED SECONDARY HAZARDOUS MATERIALS SOLIDS AND LIQUIDS USE Table 8004.2-A is amended to read as follows: Table 8004.2-A is deleted CONTAINMENT 16.40.420 Liquefied Petroleum Gases-Permits And Plans Section 8202.1, third paragraph, is amended to read as follows: 8202.1 Permits and plans. Where a single container is equal to or greater than 125 gallons water capacity or the aggregate capacity of containers is 250 gallon water capacity or greater, the installer shall submit plans for such installations. 16.40.1060 Fire Protection Plan Urban-Wildland Interface (UWI) Areas Article 86 is amended to read as follows: Article 86 is deleted 16.40.1070 Fire Hydrant Locations And Distribution Section 5 of Appendix III-B is amended to read as follows: SECTION 5 - DISTRIBUTION OF FIRE HYDRANTS The average spacing between fire hydrants shall not exceed that listed in Table A-III-B-1. EXCEPTION: The maximum spacing of hydrants in commercial areas shall be 250 feet. Regardless of the average spacing, fire hydrants shall be located such that all points on streets and access roads adjacent to a building are within the distances listed in Table A-III-B-1. 16.40.1080 Suppression And Control Of Hazardous Fire Areas Section 16.3 is added to Appendix II-A to read as follows: 16.3 Firebreak Vegetation. When brash or vegetation growth is removed and cleared away to provide a firebreak as required by this section, suitable growth which will not form a means of rapidly transmitting fire shall be planted in such a manner so as to reduce the possibility of erosion.