Press Alt + R to read the document text or Alt + P to download or print.
This document contains no pages.
CC 11-18-02CITY 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.