CC 06-21-99 AGENDA
CUPERTINO CITY COUNCIL ~ REGULAR MEETING
10300 Torte Avenue, City Hall Council Chamber
Monday, June 21, 1999
6:45 p.m.
Legislative Review Committee - 6:15 p.m. - Conference Room A
6:45 ($) PLEDGE OF ALLEGIANCE
ROLL CALL
CEREMONIAL MATTERS - PRESENTATIONS
POSTPONEMENTS
WRITTEN COMMUNICATIONS
ORAL COMMUNICATIONS
This portion of the meeting is reserved for persons wishing to address thc council on any
matter not on the agenda. Speakers are limited to three minutes. In most cases, State law
will prohibit the council from making any decisions with respect to a matter not listed on
the agenda.
CONSENT CALENDAR
Unless there are separate discussions and/or actions requested by council, staff, or a
member of the public, it is requested that items 1 through 13 be acted on simultaneously.
6:50 (5) 1. Accounts payable: (a) June 4, 1999, Resolution No. 99-164
Co) Sune 1 l, 1999, Resolution No. 99-165
2. Payroll: June 1 l, 1999, Resolution No. 99-166
3. Minutes:
(a) Regular adjourned meeting of May 24, 1999
· Co) Regular meeting of June 7, 1999
(c) Regular adjourned meeting of June 10, 1999
4. Approving reorganization of territory designated "Garden Gate Drive 99-02,"
appwximately 0.24 acre located on the north side of Garden Gate Drive between
Beardon Drive and the city limits; Yang (326-33-017), Resolution No. 99-167.
Page 6 Cupertino City Council June 21, 1999
COUNCIL REPORTS
Mayor Dean:
Cupertino Audit Committee~-
Economic Development Team - Alternate" '
Environmental Review Committee
Legislat, ve Review Committee') ff/~ r",X C F'
Santa Clara County Emergency Preparedness Commission..
Santa Clara County Solid Waste Committee-.'~,.
West Valley Mayors and City Managers
Vice-Mayor Statton:
Association of Bay Area Governments - Alternate
Economic Development Team
Public Dialog Liaison-'~''-'
Santa Clara County Committee on Housing and Community Development Block
Grant Program - Alternate
Santa Clara County Library JPA Board
Sister City Committee - Toyokawa
West Valley Mayors and City Managers - Alternate
Councilmember BurneR:
Environmental Review Committee - Alternate
Library Expansion Committee~'~
North Central and Northwest Flood Control Zone Advisory Committee
Santa Clara County Cities Association Representative, ABAG Board of Directors,
Santa Clara County Committee on Housing and Community Block Grant
Program
Santa Clara County Library JPA Board - Alternate
Santa Clara County Transportation Authority Policy Advisory Committee
Santa Clara Valley Water Commission.
Senior Center Expansion Design Committe ,e~
Councilmember Chang:
Association of Bay Area Governments
Joint Venture Silicon Valley Public Sector Round Table -Alternate '
Leadership Cupertino,.~'''~
Legislative Review Committee
Library Expansion Committee
Public Dialog Liaison
Santa Clara County Cities Association.
Santa Clara County Emergency Preparedness Commission - Alternate.
June 21, 1999 Cupertino City Council Page 7
Councilmember James:
Cupertino Audit Committee
Economic Development Team
Leadership Cupertino
Santa Clara County Cities Association - Alternate.
Santa Clara County Drag and Alcohol Board .
Senior Center Expansion Design Committee
CLOSED SESSION
ADJOURNMENT
Due to the Monday, July 5 holiday, the regular meeting of the City Council will be held
on Tuesday, July 6, 6:45 p.m.
mp 6/17/99
RESOLUTION NO. 99-~6~
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
JT~E 4, 1999
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 tho amounts and from the funds as hereinafter set
forth in Exhibit "A".
CERTIFIED:
Director of Administrative Services
PASSED AND ADOPTED at a regular meeting of the City Council of the City of
Cupertino this day of ,1999, by thc following vote:
Vote Members of the City Council
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST: APPROVED:
City Clerk Mayor, City of Cupertino
06/04/99 CI~"f OF CUPERTINO PAGE 1
ACCO~qTING PERIOD: 12/99 CI~CK REGISTER
CH~CK I~ER CASH ACCT DATE ISSUED .............. VENDOR .............. ACCT ....... DESCRIPTION ....... AMOUNT
56477 1020 06/04/99 1142 A.M. BEST COMPANY INC 6113 RENEWAL/ACCT#817640500 177.49
56478 1020 06/04/99 20 ADVANTAGE GI~IX 7015 DOOR HANGERS 379.09
56479 1020 06/04/99 25 AIR COOED ENGINES 6122 P~TS 39.74
56480 1020 06/04/99 28 AIRC~ 6111 CYLINDER I~AL 31.10
56481 1020 06/04/99 29 LI'~qE AITKEN 7014 RECREATION PROGRAM 184.00
56482 1020 06/04/99 43 AMERICAN PLANNIN~ ASSOCIA 7014 ME~ERSHIP/C WO~DELL 336.00
56483 1020 06/04/99 863 ANDERSON PACIFIC ENGINEER 9300 STORM DRAIN REPAIR 39,420.80
56484 1020 06/04/99 M ANDERSON, ROBIN 2211 REFUND DEPOSIT R#1488 100.00
56485 1020 06/04/99 M $'NDRES, JACELYN 4224 RECP-~ATION RE~WJND 30.00
56486 1020 06/04/99 M ANGE~.~., JF~INE 4734 RECREATION REFUND 69.00
56487 1020 06/04/99 57 ~K 6111 COFFEE SUPPLIES 315.17
56487 1020 06/04/99 57 ~ 6312 COFFEE SUPPLIES 546.07
T~)TAL CI~CK 861.24
56488 1020 06/04/99 M ARIZA, N~ISA 4734 RECREATION REFUND 25.00
56489 1020 06/04/99 71 B & R ICE CREAM DIST 6327 SUPPLIES 522.52
56489 1020 06/04/99 71 B a R ICE C~ DIST 6327 SUPPLIES 310.12
~)T/~ C~CR 832.64
56490 1020 06/04/99 M BACHAL, MOI~ 4663 REC~ATION REFUND 35.00
56490 1020 06/04/99 M BAC~L~L, MOF~ 4737 RECRF-~tTION REFUND 54.00
56490 1020 06/04/99 M B~, MO}h~N 4734 RECEPTION REFt~D 95.00
56490 1020 06/04/99 M RACHAL, MOH~ 4663 REC]~EATIO~ REF~qD 66.00
'Z'O~A~ C~gCE 280.00
56491 1020 06/04/99 83 BATTERIES PLUS 6111 BATTERIES 21.48
56491 1020 06/04/99 83 BA'/-~'~IES PLUS 6111 BATTERIES 21.47
56491 1020 06/04/99 83 BA'A-~-~K I ES PLUS 6111 BA'A-I'~KI ES 21.47
56491 1020 06/04/99 83 ~A'&-&'~KIES PLUS 6111 BA~'r~RIES 21.44
TO~AL C~,,~CE 85.86 o
56492 1020 06/04/99 90 BEI~FIT/~MERICA 2134 AD,IN FEES 4/99 16.40
56493 1020 06/04/99 92 B~ST OF CO~S 6201 DIRECT ~tXL ADVERTISIN~ 500.00
56493 1020. 06/04/99 92 BEST OF CO~S 6201 DIRECT MA/L ADVERTISIN~ 500.00
TOTAL CHECK 1,000.00
56494 1020 06/04/99 96 . BLACK MT SPRI'NC3 WATER 6111 SUPPLIES 62.00
56495 1020 06/04/99 107 MIY~I ~RIDG~EWAT~R 7014 RECREATION PROC~ 186.'50
56496 1020 06/04/99 108 BROOKS C~TINO G~tSS 6111 (~S 99.36
56497 1020 06/04/99 M BROTZEL, A.J. 4737 RECREATION REFTJHD 98.00
56498 1020 06/04/99 956 BROIMTN~-FERRIS INDUSTRIE 7106 REFUSE 4/99 118,038.28
RON DATE 06/04/99 TIME 08:38:57 - FINANCIAL AC~II~
06/04/99 CITY OF CUPERTINO PAGE 2
ACCOUNTING PERIOD: 12/99 CHECK REGISTER
FUND - 110 - GENERAL FUND
CHECK NUMBER CASH ACCT DATE ISSUED .............. V~NDOR .............. ACCT ....... DESCRIPTION ....... AMOUNT
56499 1020 06/04/99 M BUCKLEY, JEAN Al~ 2211 REFUND DEPOSIT R#8145 500.00
56500 1020 06/04/99 121 C.E.O. SERVICES INC 7014 LC YOUTH DIRECTOR 350.00
96901 1020 06/04/99 879 CALIFORNIA LANGUAGE CTR 7014 RECREATION PROGRAM 1,109.00
56502 1020 06/04/99 130 CALIFORNIA PARK AND RECRE 6226 5 CCk~E4ISSIONERS H $35EA 175.00
56503 1020 06/04/99 M ~d~, XIH~ LIN 4725 RECREATI°N REFUND 11.00
56504 1020 06/04/99 144 CASH 7011 PETTY CASH REIMBURSEMENT 34.56
56904 1020 06/04/99 144 CASH 6111 ~-~-~-f CASH REIMBURS~4ENT 6.47
56504 1020 06/04/99 144 CASH 6111 PETTY CASH REIMBURSEMENT 42.16
56504 1020 06/04/99 144 CASH 6327 P~I-&'~ CASH REIMBURSEMENT 49.59
56504 1020 06/04/99 144 CASH 6111 Pml~l'~ CASH REIMBURSEMENT 81.45
TOTAL CHECK 214.25
56505 1020 06/04/99 146 CASH 6111 ~l-&-f CASH REIMBT~P. SB~NT 130.31
56505 1020 06/04/99 146 CASH 6111 ~-~'~ CASH REIMBTa'~SB~NT 50.85
56505 1020 06/04/99 146 CASH 6111 ~m~-~-f CASH REZMBURSB)~NT 29.23
56505 1020 06/04/99 146 CASH 6111 ~-~-~ CASH RNIMBURSBMENT 16.77
56505 1020 06/04/99 146 CASH 6111 ~-&~ CASH P~II~3RS~4ENT 45.36
5 1020 06/04/99 146 CASH 6111 P~I"I'Y CASH REZMBTH~SBMBNT 11.89
TOTAL CH~CK 284.41
56506 1020 06/04/99 147 CASH 9300 ~=A-&-f CASH REIf4~]RSEMENT 27.75
56506 1020 06/04/99 147 ~ 6301 ~&-&-~ CASH REIMBT3R,~t~NT 40.00
56506 1020 06/04/99 147 CASH 6311 ~'r~ CASH I~IMBUR~B~NT 3.9~
56506 1020 06/04/99 147 CASH 6316 ~a-~-~ CASH RNIMBURSBMENT 8.99
56506 1020 06/04/99 147 CASH 6305 ~=rl'f CASH REIMBUI~S~M~NT 35.94
56506 1020 06/04/99 147 CASH 6329 PETTY CASH REIMBUP.$~NT 21.42
56506 1020 06/04/99 147 CASH 6111 P=r~'~ CASH REIMBUI~S~MENT 49.90
56506 1020 06/04/99 147 CASH 6302 ~-1-~*~ CASH REII~URSEM~NT 5.02
TOTAL CHECK 193.00
56507 1020 06/04/99 155 C~NTRAL NHOZ,ESAL~ )ID~SBI~Y 6111 SUPPLIES 47.90
56507 1020 06/04/99 155 CENTIU~IGIO~LL~ NURSERY 6111 SUPPLIES 36.81
S6507 1020 06/04/99 1SS CBNTRAL NHO~BSALB ~]I~RY 6111 SUPPLIES S26.91
56507 1020 06/04/99 1SS C~4TRAT., 14HOZ~SAT~ NUP. S~RY 6111 S~PP~ZES 193.98
TOTAL C~ECK 805.60
56508 1020 06/04/99 M C/'IANO, /~H4GYI 4665 RNCI~EATZONRNF~ID 189.00
56509 1020 06/04/99 158 C~i~MSBARON 6111 SUPPLIES 683.20
S6509 1020 06/04/99 158 CH~q~ARON 6111 SUPPLIF~ 252.91
56509 1020 06/04/99 158 C~I~14SBARON 6111 S~PPLIES 507.92
TOTAT, C/'~CK 1,444.03
56510 1020 06/04/99 160 ONILD~N'B ART STT~IO 7014 REC]~ATZON PROG~M4 1,456.25
% 1020 06/04/99 M CHOZ, SHUZ-MAN 2211 RBr~iD DEPOSIT R#8613 100.00
S6512 1020 06/04/99 164 CZ,P, RK 1NIX~'I'RZAL SDPPLY 6111 B~PPLIES 100.00
56512 1020 06/04/99 164 CLAXK INDUSTRIAL 8OPPLY 6111 SDloPLIES 200.00
56512 1020 06/04/99 164 CLARK Z~DOS'I~ZAL ~PPLY 6111 b~OPPLZgS 100.00
RT.~ DATE 06/04/99 TIME 08:38:57 - FINANCIAL ~ZNG
06/04/99 CITY OF CUPERTINO PAGE 3
ACCOUNTING PERIOD: 12/99 CHECK REGISTER
FUND - 110 - G~TEP. AL FUND
CHECK NUMBER CASH ACCT DATE ISSUED .............. VENDOR .............. ACCT ....... DESCRIPTION ....... AMOUNT
56512 1020 06/04/99 164 CLARK INDUSTRIAL SUPPLY 6111 SUPPLIES 190.00
56512 1020 06/04/99 164 CLA~K INDUSTRIAL SUPPLY 6111 SUPPLIES 63.57
TOTAL CH~CK 653.57
56513 1020 06/04/99 167 CLARK'S AUTO PARTS 6122 SUPPLIES 2.36
56514 1020 ' 06/04/99 829 JONAS CLAUSEN 7014 PROFESSIONAL SERVICES 270.00
56515 1020 06/04/99 174 COCA-COLA 6111 SODA 357.78
56515 1020 06/04/99 174 COCA-COLA 6111 SODA 445.17
56515 1020 06/04/99 174 COCA-COLA 6111 SODA 424.70
56515 1020 06/04/99 174 COCA-COLA 6111 SODA 457.66
TOTAL (i~]ECK 1,685.31
56516 1020 06/04/99 1293 COSMO Jl~4P 7014 R~PAIR/CASTLEBOUNCE 400.00
56517 1020 06/04/99 187 MA~Y CRAWFORD 7014 I~ECIU~ATION PROGRAM 857.60
56518 1020 06/04/99 984 CROSSROADS CHEVRON SERVXC 6123 C, ASOLINE/CITY VEHICLES 2o 074.70
56519 1020 06/04/99 190 CT~4IIq~ HENDERSON INC 6123 PARTS 58.62
56520 1020 06/04/99 191 CUPERTINO CHAJ~EX~ OF ~ 6225 S~MI-ANN~L~L C(~"X~CT 6°717.00
56521 1020 06/04/99 1294 CUPerTINO SENIOR TV PRODU 6111 USED TAPES 25.00
56522 1020 06/04/99 194 CUPERTINO SUPPLY INC 6111 SUPPLIES 216.45
56522 1020 06/04/99 194 CUPERTINO SUPPLY INC 6111 SUPPLIES 314.05
56522 1020 06/04/99 194 CUPERTINO SUPPLY INC 6111 SUPPLIES 178.18
56522 1020 06/04/99 194 CUPERTINO SUPPLY INC 6111 SUPPLIES 167.34
56522 1020 06/04/99 194 CUPERTINO SUPPLY INC 6111 SUPPLIES 149.53
56522 1020 06/04/99 194 CUPERTINO SUPPLY INC 6111 SUPPLIES 146.99
TOTAL CHECK 1,172.54
56523 1020 06/04/99 M DAMODARA, P R 4663 RECREATION REFUND 49.00
56524 1020 06/04/99 848 #ALLACR L DEAN 6211 TRAVEL/MEETING ADVANCE 978.00
56525 1020 06/04/99 1295 BETH DEY~Ju'~K 7011 TRAINING 6/15/99 150.00
56525 1020 06/04/99 1295 BETH DEICKER 7014 TRAINING 6/15/99 150.00
56525 1020 06/04/99 1295 BETH DEKIC~R 7011 TRAINING 6/15/99 150.00
TOTAL CH~CK 450.00
56526 1020 06/04/99 211 DELTA DENTAL PLAN OF CA 2129 D~NTAL INS #1766-0014 8,645.52
56527 1020 06/04/99 M DOLAN, SRIKA 4737 I~CR~ATION REPIH~D 52.50
56528 1020 06/04/99 228 DUBAY~S TIRE SERVICE INC. 7014 ALIGnmENT 95.00
56529 1020 06/04/99 M ET.T.IOTT, AUBREY 4751 RFD/SYMPH0~Y P~J~RSAL 45.00
56530 1020 06/04/99 240 ELIZABETH ELLIS 7014 TRANSCRIPTZON 5/24/99 425.00"
56531 1020 06/04/99 250 EUPHRAT MUSE~q OF ART 7014 RECREATION PROGRAM 3,025.93
56532 1020 06/04/99 253 EXCHANG~ LINEN SERVICE 6327 SUPPLIES 52.89
RUN DATE 06/04/99 TIME 08:38:57 - FINANCIAL ACCUtm'~'~ffO
06/04/99 CTTY OF CUPERTTNO PAO£ 4
AC~ PER~0D: ~2/99 ~CK ~G~S~R
~ECK ~;R ~H AC~ DA~ ISS~ .............. ~R .............. AC~ ....... DES~I~ION ....... ~
~6~]2 1020 06/04/99 2~3 ~E LI~ SERVI~ 6111 ~PLIES 36.24
~T~ ~ 89.13
56533 1020 06/04/99 M ~EZ, MIlL 2211 RE~ DE,SIT R91584 500.00
~6534 1020 06/04/99 264 FITZPA~I~ ~I~E · S 7015 ~I~Y SI~S 3,031.00
56535 1020 06/04/99 1296 F~RS BY J~ 6111 ~ 58.12
56536 1020 06/04/99 M F~G, P~I~ 472S ~TI~ ~ 11.00
56S37 1020 06/04/99 1210 ~ ~P 9100 ~I~ T~ ~PS 710.S0
56538 1020 06/04/99 M ~I~S OF FI~LI 6301 ~ 40 · $8.00 ~ 320.00
~6539 1020 06/04/99 277 JO~ ~ 7014 ~TI~ PR~ 78.65
56540 1020 06/04/99 1275 ~ CI~ S~PLY 6111 S~PLIES 904.01
S6S41 1020 06/04/99 280 ~ ~A~ I~TI~ 701~ ~ P~TS 95.86
S6S42 1020 06/04/99 281 ~~ 612~ ~IES 28 . 00
~6~42 1020 06/04/99 281 ~~ 6123 ~IES ~S.~9
' ~ 1020 06/04/99 281 ~~ 6123 ~PLI~ 109.52
~ ~ 172.91
S6S43 1020 06/04/99 M ~I~, ROB~TA 2211 ~ DE'SIT R9Sl14 S00.00
56543 1020 06/04/99 M ~I~, ROB~TA 4227 R~ ~ ~g ~/29/99 -150.00
~ ~ 3S0.00
S6S44 1020 06/04/99 282 ~ F~/ST~ 7014 ~TI~ ~ 840.00
56545 1020 06/04/99 1276 ~ ~S 6111 ~I~S 1~6.60
S6S46 1020 06/04/99 298 ~I~ INC 6111 ~IES 32.17
56546 1020 06/04/99 298 ~ INC 6111 ~PLIES 3.01
56546 1020 06/04/99 298 ~ INC 6111 ~IES 65.38
56546 1020 06/04/99 298 ~ INC 6111 ~PLIES 19.~7
~ ~ 120.13
~6~47 1020 06/04/99 ~00 ~ ~S 7014 ~TI~ PR~ 26.20
56548 1020 06/04/99 M ~, ~I~ 47~7 ~TI~ ~ 49.00
56~49 1020 06/04/99 M ~, ~ 4718 ~TI~ ~ 22~.00
56550 1020 06/04/99 325 ~I~ ~D~ 7014 SE~I~ ~F 247.~0
~6~1 1020 06/04/99 ~28 ~ ~S~ 7014 ~TI~ ~ 368.00
~65~2 1020 06/04/99 ~29 ~ ~~ ~PL 6111 ~IES 91.19
' 1020 06/04/99 ~29 ~I~ ~~ ~ 6111 ~I~ 91.19
= 1020 06/04/99 ~29 ~Z~ ~~ ~ 6111 ~IT 6/26/98 -10~.~
~ ~ 77.05
56553 1020 06/04/99 12~5 HI~ LI~ IN~ C 7023 ~-~ 2,~29.86
R~ ~ 06/04/99 TI~ 08:38:~7 - FI~ ~'1~
06/04/99 CITY OF CUPERTINO PAGE 5
ACCOUNTING PERIOD: 12/99 CH~CK REGISTER
FUND - 110 - GEI~P~ F~
CHECK NT~4BER CASH ACCT DATE ISSUED .............. VENDOR .............. ACCT ....... DESCRIPTION ....... AMOUNT
56553 1020 06/04/99 1235 HIGHMA~K LIFE INSU~CE C 2130 R~TRO-ADu-USTI~NTS 1,392.17
56553 1020 06/04/99 1235 HIGiD4A~K LIFE INSURANCE C 2130 LIFE, ADAD 6/99 #909162 5,568.94
56553 1020 06/04/99 1235 HIG~4A~K LIFE INSURANCE C 7023 LTD 6/99 #909162 4,750.90
TOTAL CHECK 14,041.87
56554 1020 06/04/99 M HOYTo VIRGINIA 4751 RFD/SYMPHONY REHEARSAL 45.00
56555 1020 06/04/99 M F~SAH, YII-CHEIN 2211 EEFUND DEPOSIT 100.00
56556 1020 06/04/99 M HUAN~. EMILY 4725 R~C~EATION REFUND 22.00
56557 1020 06/04/99 M ICMA 7011 "ETHICS IN ACTION" PKG 124.50
56558 1020 06/04/99 346 INDEPENDENT ELECTRIC EUPP 7014 SUPPLIES 204.96
56559 1020 06/04/99 1242 INSTY-PRINTS 6111 ~MPLOYMENT APPLICATIONS 368.42
56560 1020 06/04/99 M JANGo WEI-PIN~ 4734 E~C~EATION REFUND 15.00
56561 1020 06/04/99 M JENS~, E~ECCA 4734 RBCREATIONREFUND 16.86
56562 1020 06/04/99 M JI~NEZo MA~IA 6216 P.~IMBURS~MENT 658.06
56563 1020 06/04/99 363 JUST PLAY SPORTS ACADEMY 7014 REC~EATI0~ PROGI~AM 6,607.75
56564 1020 06/04/99 M 1(AMINATA, ED 4714 P.~C]U~ATIC~IREFUND 215.00
56565 1020 06/04/99 M ~, C~O~SEOK 4665 R~C~EATION~FUND 77.00
56566 1020 06/04/99 M ]CAY, ~ 4734 P~C~ATI(~t REFO~iD 100.00
56567 1020 06/04/99 879 KEYSE~ MA]~ST0~JktSOCIATF~S 7014 PROFESSIONAL SERVICES 170.00
56568 1020 06/04/99 M KHO, ](~NNETH 4665 R~CREATI0~ P.~F[]~D 81.00
56569 1020 06/04/99 M KIM, MOCHI 4734 P.J~C~ATIONREFUND 24.00
56570 1020 06/04/99 371 LISA KING 7014 PJ~C~ATIO~ P~OG]~IUR 1,150.00
56571 1020 06/04/99 M KOSKI, MAY 2211 RFD/~NC BO~D DEPOSIT 500.00
56572 1020 06/04/99 382 ]CWIK-KOPY PRINTING 6302 N~NSL~i-£~K 6/99 308.51
56573 1020 06/04/99 H ]CW0~, SO0~NOO 4725 REC~ATIONP.~FT~iD 11.00
56574 1020 06/04/99 386 MIC~ABLLAMB 7014 R~C~EATION PRCX~RAM 30.00
56575 1020 06/04/99 393 JO~D~ LE~ 7014 R~CR~ATION PROGi~M 216.00
'56576 1020 06/04/99 M T.~, MINA~ 4725 P.~C~EATI0~P.~FUND 11.00
56577 1020 06/04/99 M T-~B, MINA~ 4725 I~(~TIONP. EFT~fD 11.00
56578 1020 06/04/99 397 LP~LIEtS POOL SUPPLIES IN 6111 P0~D ~Tu'PPLIES 735.99
56578 1020 06/04/99 397 LF. SLIEtS POOL SUPPLIBS IN 6111 IK)~D SUPPLIES 551.39
56578 1020 06/04/99 ]97 LESLIE'S POOL 8~PPLI~ IN 6111 PCH~) ~UPPLIES 974.12
RUN DATE 06/04/99 TIM~ 08:38:57 - FINANCIALACCOuNaI~
06/04/99 CITY OF CUPERTINO PAGE 6
A.C~UNTING PERIOD: 12/99 CHECK REGISTER
FUND - 110 - GENERAL FUND
CHECK NUMBER CASH ACCT DATE ISSUED .............. VENDOR .............. ACCT ....... DESCRIPTION ....... AMOUNT
56578 1020 06/04/99 397 LESLIEtS POOL SUPPLIES IN 6111 POND SUPPLIES 31.38
56578 1020 06/04/99 397 LESLIE'S POOL SUPPLIES IN 6111 SUPPLIES 199.36
56578 1020 06/04/99 397 L~SLIE'S POOL SUPPLIES IN 6111 SUPPLIES 692.71'
56578 1020 06/04/99 397 LESLIE'S POOL SUPPLIES IN 6111 POND SUPPLIES 865.89
56578 1020 06/04/99 397 LESLIE'S POOL SUPPLIES IN 6111 POND SUPPLIES 692.71
TOTAL CHECK 4,743.57
56579 1020 06/04/99 810 JERRY LEW 7011 DIVERSITY TRAINING S/26 1,350.00
56580 1020 06/04/99 M LIU, CHINGYAO 4737 RECREATION REFUND 49.00
56581 1020 06/04/99 M LIU, CHUNLING 4725 RRCREATION REFUND 11.00
56582 1020 06/04/99 404 LOJi~S DRUG STORES #260 6111 SUPPLIES 8.84
56583 1020 06/04/99 M LOPEZ, JILL 6216 R~II~URSEMENT 577.66
56564 1020 06/04/99 400 LOS GATOS ~ATS 6327 SUPPLIES 107.50
56584 1020 06/04/99 408 LOS C, ATOS MEATS 6327 SUPPLIES 109.20
TOTAL ~C 216.70
56585 1020 06/04/99 M I. YASI~VSI~, AL~(ANDES 4725 REGI~ATI~ REK1ND 50.50
~ 1020 06/04/99 M MARDESXCH, KXM 2211 REPT~qD DEPOSIT R#2807 100.00
56587 1020 06/04/99 312 RICARDO MARTIN~E 7014 M~INT~NA~CE/PMT S 135.00
56588 1020 06/04/99 M MATTINGER, LEILA 4725 RECREATION REFUND 11.00
56590 1020 06/04/99 1292 MCI TELECOIO4[~TCATIOtqS 6154 TRLE~ SERVICE 1.04
56590 1020 06/04/99 1292 MCI TRLBCO)ITtAqICATIONS 6154 TRLEPH(3~E SERVICE .10
56590 1020 06/04/99 1292 MCI TEL~CC~OTt~ICATIONS 6154 TELEPHC~ SERVICE 4.82
56590 1020 06/04/99 1292 MCI TELE~ICATIC~S 6154 TRLEPH(~qE SERVICE 3.09
56590 1020 06/04/99 1292 MCI TELEC(]i4q~iICATIO~iS 6154 TBLBPH(HqE SERVICE 9.95
56590 1020 06/04/99 1292 MCI TELBC(]14~]~ICATIOIJS 6154 TRLEPH(]~E SERVICE 2.16
56590 1020 06/04/99 1292 MCI TRLE~ICATIONS 6154 TRL~PHC]~TE SERVICE 3.04
56590 1020 06/04/99 1292 MCI TELECC]~I~JNICATIOtqS 6154 TBLEPHC~ SERVICE 2.81
56890 1020 06/04/99 1292 MCI TELECC]I~4~ICATI0~S 6154 T~LEPH(3~T~ SERVICE 20.17
56590 1020 06/04/99 1292 MCI TELECOIO~H~ICATICHqS 6154 T~LEPHC~iE SERVICE 9.65
56590 1020 06/04/99 1292 MCI TELB~ICATT~S 6154 TELEPH(H(I~ SERVICE 4.97
56590 1020 06/04/99 1292 MCI TELE~ICATI(]~S 6154 T~T.mpH(]~ SERVICE 1.07
56590 1020 06/04/99 1292 MCI T~T.RCCi.#F.M~CATI(]NS 6154 TBLEPHONE SERVICE .68
56590 1020 06/04/99 1292 MCI TEL~CG)J(OHICATI(~iS 6154 TELEPHONE SERVICE .10
56590 1020 06/04/99 1292 MCI TEL~COI4~HJICATI(HqS 6154 TRLEPH(]~E SERVICE 10.55
56590 1020 06/04/99 1292 MCT TRI~C(3IOK~ICATTOMS 6154 T~LEPHOHE ~RRVICE 6.03
56590 1020 06/04/99 1292 MCT T~T.~CATIO~S 6154 T~LEPHONE SERVICE 2.80
56590 1020 06/04/99 1292 MCI TRLE~CATIO~IS 6154 TELEPH(H~ SERVICE 11.36'
56590 1020 06/04/99 1292 MCI TBL~C(])J~CATI(~iS 6154 TELE~ SERVICE 26.73
56590 1020 06/04/99 1292 MCT TELB~TCATIO~IS 6154 TELEPH(HIE SERVICE 7.28
56590 1020 06/04/99 1292 MCI TEL~CC~4qO~TCATIO~S 6154 TRT.uPHCH~E SERVICE .04
56~90 1020 06/04/99 1292 MCI TELBCOI4q[~ICATI(]~S 6154 T~LRPHOME SERVICE 2.36
% 1020 06/04/99 1292 MCI TBLECCX~4[~ICATIO~S 6154 TRLEPHC~E SEI~VICE 6.21
.0 1020 06/04/99 1292 MCI TBL~CC~I4[]~ICATT(~tS 6154 T~LE~ SERVICE .51
S6890 1020 06/04/99 1292 MCI T~d~CCl4q[~ICATIC~S 6154 T~LEPH(~iE SERVICE 3.46
56590 1020 06/04/99 1292 MCT TELECOMIdl0~ICATIG~S 6154 TELEPHGHE SERVICE 3.2S
56590 1020 06/04/99 1292 MCI TELECC~OIG~ICATIONS 6154 TELEPH01~E SERVICE 12.97
R~ DATE 06/04/99 TIME 08:3B:58 - FINANCIAL ACCOt~'A'~EIG
06/04/99 CITY OF CUPERTINO PAGE 7
ACCOUNTING PERIOD: 12/99 CHECK REGISTER
FUND - 110 - GENERAL FUND
CHECK NUMBER CASH ACCT DATE ISSUED .............. VENDOR .............. ACCT ....... DESCRIPTION ....... AMOUNT
56590 1020 06/04/99 1292 MCI TELECO~qUNICATIONS 6154 TELEPHONE SERVICE 2.27
56590 1020 06/04/99 1292 MCI TELECOMMUNICATIONS 6154 TELEPHONE SERVICE 32.60
56590 1020 06/04/99 1292 MCI TELECO~J'NICATIONS 6154 TELEPHONE SERVICE 9.82
56~90 1020 06/04/99 1292 MCI TELECO~JNICATIONS 6154 TELEPHONE SERVICE .63
56590 1020 06/04/99 1292 MCI TELE~ICATIONS 6154 TELEPHONE SERVICE 4.15
56590 1020 06/04/99 1292 MCI TELE~ICATIONS 6154 TELEPHONE SERVICE 1.41
56590 1020 06/04/99 1292 MCI TELECO~qUNiCATIONS 6154 TELEPHONE SERVICE 24.91
56590 1020 06/04/99 1292 MCI TELECOmmUNICATIONS 6154 TELEPHONE SERVICE .50
56590 1020 06/04/99 1292 MCI TELEC0J~KJNICATIONS 6154 TELEPHONE SERVICE 24.50
56590 1020 06/04/99 1292 MCi TELE~ICATIONS 6154 TELEPHONE SERVICE 5.21
56590 1020 06/04/99 1292 MCI TELECOmmUNICATIONS 6154 TELEPHONE SERVICE 3.62
56590 1020 06/04/99 1292 MCI TELECO~4UNICATIONS 6154 TELEPHONE SERVICE 1.91
56590 1020 06/04/99 1292 MCI TELECO~J~qICATIONS 6154 TELEPHONE SERVICE 17.93
56590 1020 06/04/99 1292 MCI TELEC09J~,INICATI0~S 6154 TELEPHONE SERVICE 9.96
56590 1020 06/04/99 1292 MCI TELECO~9~t~NICATIONS 6154 TELEPHONE SERVICE 12.27
TOTAL CHECK 309.69
56591 1020 06/04/99 436 METRO GOOD TIME FOOD/A-1 6111 SUPPLIES 229.00
56592 1020 06/04/99 · 437 M~TRO NEWSPAPERS 6201 PUBLIC HEARIN~ NOTICE 165.00
56592 1020 06/04/99 437 ~U~'~'KO NEWSPAPERS 6201 PUBLIC HEARIN~ NOTICE 47.50
56592 1020 06/04/99 437 METRO NEWSPAPERS 6201 PUBLIC NOTICES 655.00
TOTAL CHECK 867.50
56593 1020 06/04/99 439 MICHAELS #13333 6111 SUPPLIES 3.18
56593 1020 06/04/99 439 MICHAELS #13333 6111 SUPPLIES 82.05
TOTAl, CHECK 85.23
56594 1020 06/04/99 M MICRO ~ COMPUTER EDU 6111 REGISTRATIC~q/D I~EY 295.00
56595 1020 06/04/99 449 MITCHELL BROTHERS 7013 PARTS 127.52
56595 1020 06/04/99 449 MITCHELL EROTHER~ 7013 PARTS 31.31
56595 1020 '06/04/99 449 MITCJ~T~. BROTHERS 7013 PARTS 119.31
56595 1020 06/04/99 449 MITCHELL BROTHERS 7013 PARTS 125.94
TOTAL CHECK 404.08
56596 1020 06/04/99 455 H~ATHER MOLL 7014 RECREATION PROGRAM 162.00
56597 1020 06/04/99 1227 MORTON TRAFFIC MARKINGS 9100 PAINT ~ 3m800.92
56598 1020 06/04/99 465 M0~H~TAIN VIEW C~RDEW CENT 6111 SUPPLIES 77.89
56598 1020 06/04/99 465 MOUNTAIN VIEW (~RDEW C~NT 6111 SUPPLIES 103.48
56598 1020 06/04/99 465 MOL~TAIN VIEW Cu%,RDEN CB~T 6111 SUPPLIES 28.09
56598 1020 06/04/99 465 MOUHTAIN VIEW CIARDEN CENT 6111 SUPPLIES 418.27
TOTAL CHECE 627.73
56599 1020 06/04/99 902 DAVID MOY~R 7014 PROFESSI0~AL SERVICES 950.00
56600 1020 06/04/99 M ~, LESLIE 4725 RECRRATI(H~R REI:%q~D 22.00
56601 1020 06/04/99 1297 NATIOI(AL LAN RESOURCE INC 6227 LAW PU~LICATI(~S 2,400.02
56602 1020 06/04/99 M NATIC~IAL NOTARY ASSOCIATI 6226 NOTARY JOURNAL 14.62
56603 1020 06/04/99 480 NELS(H~ BI~INEERIN(3 7014 PROFESSIOHAL SERVICES 1,000.00
56604 1020 06/04/99 485 NBMMM~ TRAFFIC SIGNS 9100 STOP EIG~S 1,622.50
RUN DATE. 06/04/99 TIME 08 :'~0:58 - FINANCIAL ACCOUNTING
06~D~/99 CITY OF CUPERTINO PAGE 8
~TING PERIOD: 12/99 CHECK REGISTER
FUND - 110 - GENERAL FUND
CHECK NUMBER CASH ACCT DATE ISSUED .............. VENDOR .............. ACCT ....... DESCRIPTION ....... AMOUNT
566D5 1020 06/04/99 M NISHIURA, ATSUKO 4737 P~CREATIONREFUND 126.00
56606 1020 06/04/99 489 NOT~WORTHY ~Tt~SIC SCHOOL 7014 RECREATION PROGRAM 3,669.50
56607 1020 06/04/99 492 OCCUPATIONAL HEALTH SVCS 5718 120 EAP SUBSCRIBERS 603.60
56600 1020 06/04/99 494 OFFICE DEPOT CREDIT PLAN 6111 SUPPLIES 56.92
56608 1020 06/04/99 494 OFFIC~ DEPOT CREDIT PLAN 6111 SUPPLIES 57.29
TOTAL CH~CK 114.21
56609 1020 06/04/99 1190 RONALD OT.~S 7013 PROP~SSINAL SERVICES 112.50
56610 1020 06/04/99 507 DAN OSBORNE 9100 PARTS & LABOR 1,441.77
56610 1020 06/04/99 507 DAN OSBORI~ 9100 PARTS a LABOR 2,065.45
56610 1020 06/04/99 507 DAN OSBORNE 9100 PARTS & LABOR 2,100.00
TOTAL CHECK 5,630.22
56611 1020 06/04/99 ' 508 P E R S - H~ALTH 7021 INS PR~MZUI4 6/99 254.50
56611 1020 06/04/99 508 P E R S - I'I~ALTH 2128 INS PREMISed 6/99 36,481.75
56611 1020 06/04/99 508 P E R S - I.I~ALTH 5720 INS PREMIT~4 6/99 14,150.74
~ TOTAL CHECK 50,686.99
.2 1020 06/04/99 M PAOU~'r&~, PHILLIP 2211 REFD24D DEPOSIT R#7452 500.00
56613 1020 06/04/99 M PEDDADA, SUF, ASIN! 4725 RECP~ATICH~REFUND 22.00
56614 1020 06/04/99 M PENZICALAPATI, RAVZTEJA 4?3? RECRSATI0~REFUND 192.00
56615 1020 06/04/99 529 P--~I4T/~4ATIC~ 7014 C~SITE SVC & EXPENSES 5,530.87
56615 1020 06/04/99 529 PENTAMATIO~ 7014 0~SIT~ SVC & EXPENSES 4,235.36
56615 1020 06/04/99 529 PSNT~M4ATIC~ 7014 TRA/NER EXPENSES 6,214.33
TOTAL C~'~CK 15,980.56
56616 1020 06/04/99 531 P~PSI-COLA C~4PANY 6111 SODA 187.86
56617 1020 06/04/99 536 ~ MARIE ~=~-~I~SO~ 7014 RECR~ATICHI PROGqULM 363.60
56618 1020 06/04/99 537 P~TPRO PRODUCTS ZNC 6111 SUPPLIES 551.58
56618 1020 06/04/99 537 PETPRO PRODUCTS ZNC 6111 SUPPLIES 551.61
56618 1020 06/04/99 537 PETPRO PRCEX~'TS ZNC 6111 SUPPLIES 551.61
TOTAL CHBCR 1,654.80
56619 1020 06/04/99 M PHILLIPS, CAROL 6304 REZI4BURSEM~NT 66.66
56620 1020 06/04/99 541 ROBIN PICKEL 7014 RECR~ATICH( PROGR~M 595.00
56621 1020 06/04/99 545 JEFF PISERCHIO 7014 PROFESSZON]tI~ SERVICES 1,655.00
g-'22 1020 06/04/99 546 PITNEY BOMBS INC 6111 POSTAGE ~ /NK 36.55
b..~3 1020 06/04/99 5?0 RADIO SHACK FILE #96062 6111 SUPPLIES 20.49
56624 1020 06/04/99 M P.;~4/U~IAIIDgJ~, SHANTHZ 4737 RECRBATZCH( P~PIHJD 39.00
56625 1020 06/04/99 S75 RECYCAL SUPPLY 7103 SUPPLZES
275.46
RUN DATE 06/04/99 TIME 06:38:58 - FINANCIAL ACCOUNTING
06/04/99 CITY OF CUPERTINO PAGE 9
ACCOUNTING PERIOD: 12/99 CHECK REGISTER
FUND - 110 - GENERAL FUND
CHECK NUMBER CASH ACCT DATE ISSUED .............. VENDOR .............. ACCT ....... DESCRIPTION ....... AMOUNT
56625 1020 06/04/99 575 RECYCAL SUPPLY 7103 SUPPLIES .41
56625 1020 06/04/99 575 RECYCAL SUPPLY 7103 SUPPLIES 6.22
56625 1020 06/04/99 575 RECYCAL SUPPLY 7103 SUPPLIES .74
56625 1020 06/04/99 575 RECYCAL SUPPLY 7103 SUPPLIES 11.30
56625 1020 06/04/99 S75 RECYCAL SUPPLY 7103 SUPPLIES 4.90
56625 1020 .06/04/99 575 ~CYCAL SUPPLY 7103 SUPPLIES .23
56625 1020 06/04/99 575 RECYCAL SUPPLY 7103 SUPPLIES 75.73
56625 1020 06/04/99 575 R~CYCAL SUPPLY 7103 SUPPLIES 3.63
56625 1020 06/04/99 575 RECYCAL SUPPLY 7103 SUPPLIES .20
56625 1020 06/04/99 575 RECYCAL SUPPLY 7103 SUPPLIES 3.10
56625 1020 06/04/99 575 R~CYCAL SUPPLY 7103 SUPPLIES 5.89
56625 1020 06/04/99 575 RECYCAL SUPPLY 7103 SUPPLIES 90.81
56625 1020 06/04/99 575 RECYCAL SUPPLY 7103 SUPPLIES .33
56625 1020 06/04/99 575 RECYCAL SUPPLY 7103 SUPPLIES 5.0S
56625 1020 06/04/99 575 R~CYCAL SUPPLY 7103 SUPPLIES 79.31
56625 1020 06/04/99 575 RECYCAL SUPPLY 7103 SUPPLIES 1,222.92
56625 1020 06/04/99 575 RECYCAL SUPPLY 7103 SUPPLIES 17.67
TOTAL CHECK 1,804.10
56626 1020 06/04/99 576 REED & GRAHAM INC 6111 SUPPLIES 80.33
56627 1020 06/04/99 600 ROTO-ROOTRR S~I~ER SERVIC~ 7014 SERVICE CALL 75.00
56628 1020 06/04/99 M RUDZIEWICZ, MANISHA 4737 R~CREATIUN REPLI~D 42.00
56629 1020 06/04/99 606 JOYCE HUSSY24 7014 P~CR~ATION PROGRAM 414.00
56630 1020 06/04/99 611 S C CO TRANSPORTATION 6329 FLASH PASS 5/99 192.00
56631 1020 06/04/99 M SAHIN, KORAY 4063 RFD/BL DUPLICATE PMT 86.00
56632 1020 06/04/99 345 SAN FRANCISCO ELEVATOR 7014 REPAIRES & PARTS 405.00
56633 1020 06/04/99 620 SAN JOSE CONSERVATION COR 7014 INTERN/D CAMARILLO 11/90 1,056.00
56633 1020 06/04/99 620 SAN JOSE CONSERVATION COR 7014 INTERN/D CAMA~ILLO 10/90 1,056.00
56633 1020 06/04/99 620 SAN JOSE C0t~SERVATIUN COR 7014 INTERN/D CAMARILLO 1/99 1,056.00
TOTAL CH~CK 5,568.00
56634 1020 06/04/99 633 SANTA CLARA CO~qTI~ SHERIF 7052 SECURITY 5/15-16,22~23 1,301.76
56635 1020 06/04/99 644 SCR~BN DESIGNS 6111 SHIRTS/SWEAT SHIRTS 415.65
56636 1020 06/04/99 645 SEARS CC~4ME~CIAL CREDIT C 6111 SUPPLIES 144.61
56637 1020 06/04/99 1298 SETON NAME PLATE COMPANY 6111 SUPPLIER 50.34
56638 1020 06/04/99 M SHEN, JANE 4725 P.~TION P.~F~I~qD 11.00
56639 1020 06/04/99 658 SILV~RADO SPRINGS BOTtLeD 6111 ~MPLOYE~ WATER 6/1/99 93.50
56639' 1020 06/04/99 658 SILV~I~J~DO SPRINOS BOTTLED 6111 ~MPLOYE~ WATER 6/1/99 132.0'~
TOTAL CHECK 225 · 50
56640 1020 06/04/99 1299 SMART ~ GLASS-SJ 7014 REPLACE WINDSHIELD 311.93
56641 1020 06/04/99 M SMITE'° KIM 4737 RECg. F, ATZON REI~H~'D 01.00
56642 1020 06/04/99 200 LESLIE SOKOL 7014 RECREATION PROGRAM 645.36
RUN DATE 06/04/99 TIl~ 08:38:58 - FINANCIAL ACCOUNTING
'99 CITY OF CUPERTINO PAGE 10
.4TING PERIOD: 12/99 CHECK REGISTER
FUND - 110 - GENEP. AL FU~D
CHECK NU~ER CASH ACCT DATE ISSUED .............. VENDOR .............. ACCT ....... DESCRIPTION ....... AMOUNT
56643 1020 06/04/99 M SOf4ES, AMY 4224 R~CR~ATIONREFUND 30.00
56644 1020 06/04/99 M SOON, YOON SEONG 4737 RECREATION REFUND 262.00
56645 1020 06/04/99 M SOULES, CANDACE 4734 REC~ATZON REFUND 275.00
56646 1020 06/04/99 877 SOUTHERN LT~ER CO 9100 STEEL DOORS 1,166.48
56646 1020 06/04/99 877 SOUTHE~ L~ER CO 6111 SUPPLIES 74.39
TOTAL CHECK 1,240.87
56647 1020 06/04/99 882 M~RKSR~NIK 7014 PROFESSIONAL SERVICES 2,454.89
56648 1020 06/04/99 1300 STAR QUALITY CONCRET~ 6111 SUPPLIES 443.83
56649 1020 0~/04/99 686 DACTYL STO~ 7014 LC EXECUTIVE DI~CTOR 750.00
56650 1020 06/04/99 M S~BA/NATI, JULIE 4734 RECI~ATIO~REF~iD 79.00
56651 1020 06/04/99 690 S~YVAL~ FORD 6123 PARTS 29.87
56651 1020 06/04/99 690 S~NY~AL~ FORD 6123 PAHTS 11.37
TOTAL CHECK 41.24
56652 1020 06/04/99 695 SYSCO FOOD S~VIC~S OF SF 6327 CREDIT 5/4/99 -225.53
56652 1020 06/04/99 695 SYSCO FOOD SERVICES OF SP 6327 C~BDIT 5/14/99 -690.31
56652 1020 06/04/99 695 SYSCO FOOD S~VIC~S OF SF 6327 SD'PPLIES 440.23
56662 1020 06/04/99 695 SYSCO FOOD S~VICES OF SF 6327 SUPPLIES 40.75
56652 1020 06/04/99 695 SYSCO FOOD S~RVICES OF SF 6327 SUPPLISS 10.94
56652 1020 06/04/99 695 SYSCO FO0~ S~VICES OF SF 6327 SUPPLIES 1,443.80
56652 1020 06/04/99 695 SYSCO FOOD SErVICeS OF SF 6327 SUPPLIBS 974.25
56662 1020 06/04/99 695 SYSCO FOOD SERVICES OF SF 6327 C9~DIT 5/21/99 -80.04
56652 1020 06/04/99 695 SYSCO FOOD SEI~VICES OF SF 6111 SUPPLIES 520.30
56652 1020 06/04/99 695 SYSCO FOOD SEI~VICES OF SF 6111 SUPPLIES . 1,461.46
56652 1020 06/04/99 695 SYSCO FOOD SE~VICKS OF SF 6111 SUPPLIES 442.37
56652 1020 06/04/99 695 SYSCO FOOD S~VICES OF BP 6111 SUPPLIES 858.75
TOTAL CHECK 5,196.97
56653 1020 06/04/99 696 TADCO SUPPLY 6111 SUPPLIES 69.64
56663 1020 06/04/99 696 TADCO SUPPLY 6111 S~PPLIRS 69.85
56653 1020 06/04/99 696 TADCO S~PPLY 6111 SUPPLIES 69.85
56653 1020 06/04/99 696 TADCO SUPPLY 6111 SUPPLIES 69.85
56653 1020 06/04/99 696 TADCO SUPPLY 6111 SUPPLZRS 116.11
56653 1020 06/04/99 696 TADCO SUPPLY 6111 SUPPLIES 116.11
56653 1020 06/04/99 696 TADCO SUPPLY 6111 SUPPLIES 116.11
56653 1020 06/04/99 696 TADCO SUPPLY 6111 SDPPLIES 116.15
56653 1020 06/04/99 696 TADCO SUPPLY 6111 8~lPPLXRS 116.11
56653 1020 06/04/99 696 TADCO SUPPLY 6111 SUPPLIES 126.11
TOTAT~ OmCK 976.0~
1020 06/04/99 697 P, AZJDBLL K TAX~HITA 7014 ~ SITE UPDATBS 1,540.00
56655 1020 06/04/99 698 TALLY'S gar~-~KL)RISES 7014 , ~LECOliS'~Ku~-a*IO~T OF C~q~BS 19,650.66
56656 1020 06/04/99 M TAMCJ~A, MZYTJX/ 4?3? P~C~ATIO~P.~FTHJD 90.00
56657 1020 06/04/99 700 TARGET SPgCI~LTY PRODUCTS 7011 FIE~.n DAY 300.00
RUN DATE 06/04/99 TIME 08:38 :S8 - FINANCIAL ACCOUNTING
06/04/99 CITY OF CUPERTINO PAGE 1'
ACCOUNTING PERIOD: 12/99 CHECK REGISTER
FUND - 110 - GENERAL FUND
CHECK NU~ER CASH ACCT DATE ISSUED .............. VENDOR .............. ACCT ....... DESCRIPTION ....... AMOUNT
56658 1020 06/04/99 701 TARGET STORES 6111 SUPPLIES 19.46
56658 1020 06/04/99 701 TARGET STORES 6111 SUPPLIES 87.46
TOTAL CHECK 106.92
56659 1020 06/04/99 709 LOU THURMAN 7014 RECREATION PROGRAM 595.50
56660 1020 06/04/99 M TING, JUDY HUNG-WEN 4734 RECREATION REFUND 69.00
56660 1020 06/04/99 M TING, JUDY}lUNG-WEN 4734 RECREATION REFUND 11.00
TOTAL CHECK 80.00
56661 1020 06/04/99 1193 TOMARK SPORTS 6111 SUPPLIES 110.84
56661 1020 06/04/99 1193 T0~RK SPORTS 6111 SUPPLIES .69
56661 1020 06/04/99 1193. TOMARK SPORTS 6111 SUPPLIES .69
56661 1020 06/04/99 1193 TOMARKSPORTS 6111 SUPPLIES 1.98
56661 1020 06/04/99 1193 TO~4ARK SPORTS 6111 SUPPLIES .73
56661 1020 06/04/99 1193 TOWARK SPORTS 6111 SUPPLIES 7.10
56661 1020 06/04/99 1193 TO,lARK SPORTS 6111 SUPPLIES 2.95
56661 1020 06/04/99 1193 T0~4ARK SPORTS 6111 SUPPLIES 7.63
TOTAL CHECK 132.61
56662 1020 06/04/99 712 TRACTOR EOUIPMENT CO 6122 PARTS 368.07
56663 1020 06/04/99 713 TRAFFIC PARTS 9300 SUPPLIES 423.12
56664 1020 06/04/99 720 TROJAN BATTERY INC 7013 SUPPLIES 129.08
56665 1020 06/04/99 738 VALLEY OIL C0f4PANY 6123 FUEL 209.52
56665 1020 06/04/99 738 VA~T~EY OIL COMPANY 6123 CREDIT/INVADJU~ -2.08
56665 1020 06/04/99 738 VALL~YOILC091PANY 6123 FUEL 227.50
56665 1020 06/04/99 738 VALLEY OILC0~PANY 6123 FUEL 141.41
TOTAL CHECK 576.35
56666 1020 06/04/99 M VAYYALA, ANANDA 4737 R~CR~ATI0~ REFUND 6.00
56667 1020 06/04/99 742 COSETTE VIADU 7014 R~CREATION PROGRAM 507.00
56668 1020 06/04/99 747 VIP ~ROIDnY INC 6111 PLAQUE 316.98
56669 1020 06/04/99 750 VISIUE SERVIUE PLAN 2131 VISIUE INS 6/99 1,223.20
56670 1020 06/04/99 745 ~lqI INC 9400 OPTION i SYSTEM 740.00
56671 1020 06/04/99 751 VOLT 6111 PARTS & SUPPLIgS 489.38
56672 1020 06/0~/99 761 NED~"f~R BAKERY 6327 SUPPLIES 46.35
56673 1020 06/04/99 771 NEST V~T.?-I~Y SS~ITY 6111 KEYS 21.54
56674 1020 06/04/99 781 DOLOP.~S NHITTAI(EH 7014 KECRBATX0~ PROGRAM 1,196.00
56675 1020 06/04/99 785 WILD LIP~ ASSOCIATES 6111 LIVING WILDERNESS SHOW 350.00
56676 1020 06/04/99 M NO0, CHRISTY 4725 R~CREATION REPI~iD 11.00
R~ DA~ 06/04/99 TI~ 0~:3~:~8 - FIN~TI~ ACC0~I~G
/99 CI~ OF ~RTINO PAGE 12
k ~ING PERIOD: 12/99 ~CK REGIST~
~ - 110 - GE~ ~
~CK ~ER ~H A~ DA~ IS~ ............. =~R .............. ~ ....... DES~IPTION ....... ~
~6678 1020 06/04/99 793 ~ ~FF 7014 ~TI~ PR~ 406.00
56679 1020 06/04/99' 794 ~ROX COR~TION 6111 ~PLIES 735.89
S6680 1020 06/04/99 M YO~, TIFF~ 472S ~P~ ~ CK9S13287 26.35
T~ ~ 386,813.09
T~ RE~RT 386,813.09
06/04/99 CITY OF CUPERTINO PAGE 1
ACCOUNTING PERIOD: 12/99 CHECK REGISTER - FUND TOTALS
FUND FUND TITLE AMOUNT
110 GENERAL FUND 122,216.57
215 STORM DRAIN AB1600 FUND 39,420.80
220 LEADERSHIP CUPERTINO 1,100.00
230 ENVIRONMENTAL MANAGEMENT 91.19
270 GAS TAX FUND 29,337.79
424 SI~NIOR CENTER EXPANSION 27.75
520 RESOURCES RECOVERY 119,842.38
550 SENIOR CENTER 1,710.71
560 BLACKBERRY FARM 7,021.44
570 SPORTS CENTER 6,549.92
580 RECREATION PROGRAM 30,285.08
610 MANJI~EMENT INFORMATION SV 17,565.64
630 EQUIPMENT REVOLVING FUND 4,564.06
641 LONG TERM DISABILITY FUND 7,080.76
TOTAL REPORT 386,813.09
DATE 06/04/99 TIME 08:39:01 - FINANCIAL
RESOLUTION NO. 99-165
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
JIJ~IE 11, 1999
WHEREAS, the Director of Administrative Services or her designated
representative has certified to accuracy of the following claims and demands and to the
availability of funds for payment hereof; and
WHEREAS, the said claims and demands have been audited as required by law.
NOW, THEREFORE, BE IT RESOLVED, that the City Council hereby allows
the following claims and demands in the amounts and from the funds as hereinafter set
forth in Exhibit "A".
CERTIFIED:
Dir~tor of Administrative Servi¢~
PASSED AND ADOPTED at a r~gular meeting of the City Council of thc City of
Cupertino this 218t day of Jur~e ,1999, by the following vote:
Vote Membe~ of the City Counoil
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST: APPROVED:
City Clerk Mayor, City of Cupertino
06/10/99 CITY OF CUPERTINO PAGE 1
ACCOUNTING PERIOD: 12/99 CHECK REGISTER - DISBURSEMENT FUND
SELECTION CRITERIA: ~ransac=.yr=n99' and ~ransac~.period="12" and =ransac=.~rans_da=e between "06/07/1999' and "06/11/19
FUND - 110 - GENERAL FUND
CASH ACCT CHECK NO ISSUE DT .............. VENDOR ............. FUND/DEPT ..... DESCRIPTION ...... SALES TAX AMOUNT
1020 56681 06/07/99 386 MICHAEL LAMB 5806649 RECREATION PROGRAM 0.00 270.00
1020 56682 06/07/99 M SANTA CLARA COUNTY HEALT 1106448 PERMITS 7/4/99 0.00 120.00
1020 56683 06/08/99 149 CASH 1106100 PETTY CASH REIMBURSEME 0.00 9.73
1020 56683 ~6/08/99 149 CASH 1106100 PETTY CASH REIMBUESEME 0.00 16.00
1020 56683 06/08/99 149 CASH 1101201 PETTY CASH REIMBURSEME 0.00 15.96
1020 56683 06/08/99 149 CASH 1104400 PETTY CASH REIMBURSEME 0.00 6.98
1020 56683 06/08/99 149 CASH 1101060 PETTY CASH REIMBURSEME 0.00 27.06
1020 56683 06/08/99 149 CASH 1104100 PETTY CASH REIM~URSEME 0.00 6.38
1020 56683 06/08/99 149 CASH 1104001 PETTY CASH REIMBURSEME 0.00 9.74
1020 56683 06/08/99 149 CASH 1104000 PETTY CASH REIMBURS~ 0.00 18.00
1020 56683 06/08/99 149 CASH 1107301 PETTY CASH REI~URS~ME 0.00 5.38
1020 S6683 06/08/99 149 CASH 1107503 P~-z-~-~ CASH REI~UESEME 0.00 50.00
1020 56683 06/08/99 149 CASH 1107301 P~I-~'~ CASH REI~URSEME 0.00 13.00
1020 56683 06/08/99 149 CASH 5208003 PETTY CASH REIMBURS~ME 0.00 53.25
1020 56683 06/08/99 149 CASH 6109850 Pm'~-~-~ CASH ~EIMBURS~ME 0.00 82.59
1020 56683 06/08/99 149 CASH 1108001 PETTY CASH REI~URS~ 0.00 19.00
1020 56683 06/08/99 149 CASH 1106100 PETTY CASH REI~URS~M~ 0.00 34.52
1020 56683 06/08/99 149 CASH 1104200 PETTY CASH REIMBURS~ME 0.00 6.00
1020 56683 06/08/99 149 CASH 1101201 PETTY CASH REI~URSEME 0.00 29.16
1020 56683 06/08/99 149 CASH 1108601 P~'~-rf CASH REI~URSEME 0.00 13.00
1020 56683 06/08/99 149 CASH 1101200 PETTY CASH REIMB~4E 0.00
1020 56683 06/08/99 149 CASH 1107200 P~-l-~'f CASH REIMBUrSablE 0.00 1.
TOTAL CHECK 0.00 529.48
1020 56684 06/11/99 M AMERICAN BAR ASSOCIATION 1101500 BAR ASSOCIATION DUES 0.00 89.25
1020 56685 06/11/99 1222 AQUATIC ~RCIAL INDUS 1108501 INSTALL WATER SYS LEVE 0.00 736.00
1020 56686 06/11/99 59 ARNE SI~N CO 6308540 SUPPLIES 0.00 21.65
1020 56687 06/11/99 1005 KARLA N BAILEY 1101000 CITY LOGO DESI(~/LAYOU 0.00 3578.75
1020 56688 06/11/99 867 BRIAN KANGAS FOULK 4249210 SR CTR EXPANSION/PMT 4 0.00 198.00
1020 56689 06/11/99 132 CALIFORNIA NATER SERVICE 1108509 WATER SVC 5/99 0.00 22.19
1020 56689 06/11/99 132 CALIFORNIA WATER SERVICE 1108322 WATE~ SVC ~/99 0.00 2574.27
1020 56689 06/11/99 132 CALIFORNIA WATER SERVICE 1108312 WATE~ SVC 5/99 0.00 26.87
1020 56689 06/11/99 132 CALIFORNIA #AT~R SERVICE 1108508 WAT~ SVC 5/99 0.00 73.82
1020 56689 06/11/99 132 CALIFORNIA WAT~ SERVICE 1108312 WATER SVC 5/99 0.00 17.70
1020 56689 06/11/99 132 CALIFORNIA WAT~ SERVICE 1108314 NAT~R SVC 5/99 0.00 295.30
1020 56689 06/11/99 132 CALIFORNIA WATER SERVICE 1108322 WATE~ SVC 5/99 0.00 48.18
TOTAL CHECK 0.00 3058.33
1020 56690 06/11/99 M C09~4~ITIES BY DESIGN 2607401 REGIST~ATION/Y GIL 0.00 195.00
1020 56690 06/11/99 M C(~4~3NITIES BY DESIGN 1107301 P~IST~ATION/C WOI~DELL 0.00 195.00
1020 56690 06/11/99 M CO~T~XTIES BY DESI~ 1107301 ~IST~ATION/M ~ 0.00 9S.00
TOTAL CH~CK 0.00 485.00
1020 56691 06/11/99 M CEO~N FIBERGLASS 110 RFD/ENC~ P~RMIT R#0493 0.00 50
DATE 06/10/99 TI~ 15:03:34 - FINANCIAL ~CCOUNTZNG
0~/10/99 CITY OF CUP~TINO P~ ~
ACCOUNTING PERIOD: 12/99 CHECK REGIS~R - DISBTJI~SEMENT FUND
S' ION CRITERIA: =ransact.yr-'99' and uransac~.period-#12' and =ransac=.=rans_da=e between ~06/07/1999" and "06/11/19
FT~ - 110 - HEI~RAL FT~qD
CASH ACCT CH~CK NO ISSUE DT .............. VENDOR ............. FDND/DEPT ..... DESCRIPTION ...... SALES TAX AMOUNT
1020 56692 06/11/99 1306 CIIPERTINO SAIqITJ~HY DIS~ 1108303 CONBFECTION PERMIT 0.00 377.50
1020 S6693 06/11/99 850 DIDDAMS A24AZiNG PARTY ST 5806349 SUPPLIES 0.00 44.21
1020 56694 06/11/99 221 DISPENSINO TE~HNOLO~ 2708404 S~PLIES 0.00 490.30
1020 S669~ 06/11/99 M E~L, JAN ~506549 REIMEURSEMENT 0.00 64.26
1020 56696 06/11/99 242 ~MPLOYJ~ DEVEL DEPT 110 STATE WITHHOLDING 0.00 11801.36
1020 56697 06/11/99 243 EMPLOYMENT DEVELOPMENT 110 STATE DISABILITY INS 0.00 359.55
1020 56698 06/11/99 258 FAMILY SUPPORT TRUSTEE 110 MICHAEL DR~/(E 0.00 100.00
1020 56699 06/11/99 260 FEDERAL EXPRF~S CORP 1108505 FREIOHT 0.00 14.75
1020 56700 06/11/99 302 GREAT WES~ B~ 110 DEFERRED COMPENSATION 0.00 18238.13
1020 56701 06/11/99 334 HC~qE DEPOT/HECF 2308401 STJPPLIES 0.00 31.46
1020 56701 06/11/99 334 HOME DEPOT/GECF 1108303 SUPPLIES 0.00 8.91
1020 56701 06/11/99 334 HOME DEPOT/GECF 2708404 SUPPLIRS 0.00 62.57
1' 56701 06/11/99 334 HOME DEPOT/GECF 5606640 SUPPLIES 0.00 419.30
~ C:~-~C~ 0.00 522.24
1020 56702 06/11/99 343 ICMA I~IREMENT TRUST-4S 110 DEFeRReD C~MPENSATION 0.00 6397.34
1020 56703 06/11/99 368 FRBD ERLLEY 110 Y%K)H~E KELLEY 0.00 65.00
1020 56704 06/11/99 369 KELLY-MO01~ PAINT CO INC 2708404 SUPPLIES 0.00 38.45
1020 56704 06/11/99 369 KELLY-MOORE PAINT CO INC 2308401 SUPPLIES 0.00 38.15
1020 56704 06/11/99 369 KELLY-MOORE PAINT CO INC 2708404 SUPPLIES 0.00 46.31
1020 56704 06/11/99 369 KELLY-MOORE PAINT CO ZNC 2708404 SUPPLIES 0.00 31.41
1020 56704 06/11/99 369 KELLY-M(X)RE PAINT CO INC 2708404 SUPPLIES 0.00 44.51
1020 56704 06/11/99 369 KELLY-MOORE PAINT CO INC 1108508 SUPPLIES 0.00 290.84
TOTAL CHECK 0.00 489.67
1020 56705 06/11/99 H M0~GAN HILL, CITY OF 1101200 FARB~ELL/J PETERSON 0.00 44.00
1020 56706 06/11/99 S00 OPERATING RNOINEERS 110 HLTH/~LFARE PM EMP 0.00 4416.00
1020 56706 06/11/99 500 OPERATING ENOINE~R~ 1104520 HLTR/WELFARE PM RETIRE 0.00 2720.00
1020 56706 06/11/99 SOO OPESATINO ENGINEERS ~104520 HLTR/NELFARB O RIVERA 0.00. 544,00
TOTAL C~IECK 0.00 7680.00
1020 56707 06/11/99 501 OPERATING BNOINEBRS #3 110 L~TIONDUES 0.00 364.50
1020 56708 06/11/99 833 P E R S 110 RETIREMENT 0.00 952.70
1020 56708 06/11/99 833 P E R S 110 RBTIRB)~NT ' 0.00 17693.86
1020 56708 06/11/99 83~ P E R S 110 RRTIRB~q~IT 0.00 19214.58
TO?AT~ CHECK 0.00 37861.14
10~ 56709 06/11/99 511 PACIFIC BELL 1108501 TELEPHONE SVC 5/99 0.00 20.04
RUN DATE 06/10/99 TIME 15:03:34 - FINANCIAL ~ING
06/10/99 CITY OF CUPERTINO PAGE 3
ACCOUNTING PERIOD: 12/99 CHECK REGISTER - DISBURSE~NT FUND
SELECTION CRITERIA: transact.yr="99" and transact.period-"12" and ~ransac~.trans_date between #06/07/1999" and "06/11/19
FUND - 110 - GEI~'~L FUND
CASH ACCT CHECK NO ISSUE DT .............. VENDOR ............. FUND/DEFT ..... DESCRIPTION ...... SALES TAX AMOUNT
1020 56710 06/11/99 516 PAGING NETWORK OF S J 1108501 PAGER SVC 6/99 0.00 32.48
1020 56710 06/11/99 516 P~ING NETWORK OF S J 1108501 PAGER SVC 6/99-5/2000 0.00 217.51
1020 56710 06/11/99 516 PAGING NETWORK OF S J 1104520 PAGER SVC 6/99 0.00 36.34
1020 56710 06/11/99 516 PAGING NETWORK OF S J 5706450 PAGER SVC 6/99 0.00 15.95
1020 56710 06/11/99 516 PAGING NETWORK OF S J 1108102 PAGER SVC 6/99 0.00 15.16
TOTAL CHECK 0.00 317.44
1020 56711 06/11/99 1307 CITY OF PALO ALTO 1101500 BACA LUNCHEON/E t~JRRAY 0.00 30.00
1020 56712 06/11/99 533 PERS ~ONG TERM CARE PROG 110 LONG TERM CARE 0.00 456.45
1020 56713 06/11/99 535 PETERS-DE LAET INC 6308540 PARTS 0.00 32.61
1020 56714 06/11/99 M SANTA CLARA COUNTY BAR A 1101500 TRIAL PREP/E MURRAY 0.00 85.00
1020 56715 06/11/99 1146 COUNTY OF SANTA CLARA 2610000 PJ~F INVEST~ EARNING 0.00 2233.01
1020 56716 06/11/99 M SCI~4ID, DOTTIE 5506549 REI~URS~MENT 0.00 90.33
1020 56717 06/11/99 654 SIGNAL ELECTRIC C0~STRUC 1108602 PROFESSIONAL SERVICES 0.00 3360.00
1020 56718 06/11/99 677 STATE STREET BANK & TRUE 110 DEFERRED COMPENSATION 0.00 6L ~
1020 56719 06/11/99 724 TU~F & INDUSTRIAL EQUIP 6308540 PARTS 0.00 52.50
1020 56719 06/11/99 724 TURF & INDUSTRIAL EQUIP 6308540 PARTS 0.00 14.13
1020 56719 06/11/99 724 TURF & INDUSTRIAL EQUIP 6308540 PARTS 0.00 66.09
TOTAL CHECK 0.00 132.72
1020 56720 06/11/99 769 WEST STAR DIET. INC. 6308540 PARTS 0.00 105.97
1020 56720 06/11/99 769 WEST STAR DIST. INC. 6308540 PARTS 0.00 27.27
TOTAL CHECK 0.00 133.24
1020 56721 06/11/99 771 NEST VALL~ SECURITY 5706450 I(~YS 0.00 15.08
1020 56722 06/11/99 785 WILD LIFE ASSOCIATES 1101200 WILD AMERICA PROGRAM 0.00 350.00
TOTALCASH ACCOUNT 0.00 102357.06
TOTAL ~ 0.00 102357.06
TOTAL REPORT 0.00 102357.06
RUS D~TE 06/10/99 TI~ 15:03:3S - FII~.NCIJ~Z, ACCOZ,~fl'ING
RESOLUTION NUMBER 99-166
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
JUNE 11, 1999
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 $310,113.02
Less Employee Deductions $(90,635.35)
NET PAYROLL $219,477.67
- Payroll check numbers issued 39372 through 39496
Void check number 39371
CEI?,~lisD: _ ~
Director ofAdminiatrative S~w~,icc~
PASSED AND ADOPTED at a regular meeting of the City Council of the City of
Cupertino this day of ,1999, by the following vote:
Vote Members of the City Council
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST: APPROVED:
· -. City Clerk Mayor, City of C~o
MINUTES
Cupertino City Council
Regular Adjourned Meeting
Monday, May 24, 1999
PLEDGE OF ALLEGIANCE
At 6:00 p.m. Mayor Dean called the meeting to order in the City Hall Conference Room
C/D, 10300 Tone Avenue, Cupertino, California, and led the Pledge of Allegiance.
ROLL CALL
City Council members present: Mayor Wally Dean, Vice-Mayor John Statton, and Council
members Don BurneR, Michael Chang, and Sandra James. Council members absent: None.
Staff present: City Manager Don Brown, Administrative Services Director Carol Atwood,
Community Development Director Bob Cowan, Parks and Recreation Director Steve
Dowling, Public Information Officer Donna Krey, Public Works Director Bert Viskovieh,
Human Resources Director Bill Woska, Accountant Jennifer Chang and City Clerk
Kimberly Smith.
.... ORAL COMMUNICATIONS
None.
BUDGET STUDY SESSION
1. Review of the 1999-2000 fiscal year preliminary budget.
City Manager Donald Brown reviewed the budget message.
Administrative Services Director Carol Atwood gave an overview of the 1999/2000
fiscal year and discussed general fund trends. This year's assumptions projected the
majority of revenues and expenditures at a 3% growth rate with significant revenues
analyzed individually. Salaries were projected at 3.5%. The budget includes six new
positions. The next 3 years' projections show a shortfall due to capital improvement
project and gas tax project funding.
The various department heads highlighted the budgets for each department and the
boards and commissions, as well as a list of new projects.
May 24, 1999 City of Cupertino Page 2
Council asked that staff follow up on these items:
· Add debt service costs to the budget messagc financial information
· Provide a cost/benefit analysis on new positions
· Confirm prior year position count for City Attorney budget
· Determine how many people are on waiting list for each Cupertino Emergency
Response Training (CERT)
· Provide council with a job description for the Geographic Information System
(GIS) specialist position.
· Provide a summary all city programs that interface with the schools
· Evaluate deterrents to jay-walking from McWhorter's to Target
· Link the Blackberry Master PIan with McClellan
· Provide new dollar amount for the Emergency Coordinator transition plan.
· Provide a program description for the 1999-00 Public Dialogue Consortium
project
· Provide data on the Wild Lifo Center
· Provide an update to the City Council on the city's Y2K plan
· Provide a description of all new planning committees
· Survey the community regarding priorities for recreation facilities
· Provide additional information on funding needs for Cupertino Union School
District and Fremont Union High School District.
2. Review of the 1999-2004 Capital Improvement Program.
Public Works Director Bert Viskovich and Parks and Recreation Director Steve
Dowling reviewed the 5-year Capital Improvement Program (CIP). They
recommended delay of the Blackberry Farm bridge project to fiscal year 2002-2003.
Council agreed to fund all new programs as proposed, with the exception of funding a
second part-time Emergency Preparedness Coordinator. Transition funding (in an amount to
be determined) will be provided for cross-training and staff will pursue possible part-time
opportunities for the existing Emergency Preparedness Coordinator. Council also agreed to
fund all CIP pwjects as proposed, with the exception of the Blackberry Farm bridge project
and the Quinlan Center emergency generator. Both the bridge project and the generator
were postponed to fiscal year 2002-2003. Council also agreed to increase the funding for the
Stevens Canyon Road widening project to $1 million.
The new projects are shown below:
$50,000 Provides funding for a graffiti removal contract.
Funding Source: General Fund.
$30,000 Provides funding for continuation of the Public Dialogue Consortium's
community outreach efforts.
Funding Source: Law Enforcement Block Grant. No secondary funding.
May 24, 1999 City of Cupertino Page 3
$20,000 Provides funding for facilitation and implementation of a neighborhood
center
revitalization program.
Funding Source: General Fund.
$10,000 Provides funding for stage curtains at the Quinlan Community Center.
Funding Source: General Fund.
$ 7,500 Provides funding for continuation of youth counseling referrals (Social
Advocacy for Youth).
Funding Source: Law Enfomement Block Grant. No secondary funding.
$ 5,000 Provides funding for festival security at Memorial Park.
Funding Source: General Fund.
$ 5,000 Provides funding for voter education program for grades K-12.
Funding Source: Gen~ Fund.
ADJOURNMENT
At 9:30 p.m. the meeting was adjourned.
Donald Brown
City Manager
MINUTEg
CUPERTINO CITY COUNCIL
Regular Meeting
Monday, June 7 1999
PLEDGE OF ALLEGIANCE
At 6:47 p.m. Mayor Dean called the meeting to order in the Council Chambers, 10300 Tone
Avenue, Cupertino, California, and led the Pledge of Allegiance.
ROLL CALL
City Council members present: Mayor Wally Dean, Vice-Mayor John Statton, and Council
members Don Bumett, Michael Chang, and Sandra James. Council members absent: None.
Staff present: City Manager Don Bwwn, City Attorney Charles Kilian, Administrative
Services Director Carol Atwood, Community Development Director Bob Cowan, Parks and
Recreation Director Steve Dowling, Planner Vera Gil, Pubhc Works Director Bert Viskovich,
and City Clerk Kimberly Smith.
CEREMONIAL MATTERS - PRESENTATIONS
1. Presentation by TCI on ~I-Iome Service.
Mr. Eddie Garcia, Director of Governmental Affairs for TCI's Silicon Valley region,
introduced their new product called ~Iome, which is a high-speed Internet pwject.
Mr. Pat Smith gave a demonstration of the product, which uses the cable television line
to provide a high-speed connection.
2. Presentation by Zahra Pavlovic, of the 5Cs, to Jeanne Mariani-Belding, Editor of the
San Jose l~Iercury News Race & Demographics Team. Reporter Ben Stocking accepted
the award on her behalf. The plaque, presented by the 5Cs and the City of Cupertino,
recognizes the Mercury News for responsible journalism and fostering cultural
understanding.
POSTPONEMENTS - None
WRITTEN COMMUNICATIONS - None
ORAL COMMUNICATIONS
Ms. Mary Ellen Cheil, Executive Director of Cupertino Community Services, invited
everyone to their fundraiser called Dine for CCS, which is a buffet dinner at the Santa
Barbara Grill on June 23.
Page 2 Cupertino City Council June 7, 1999
CONSENT CALENDAR
James moved to approve the items on the consent calendar as presented. Chang seconded and'
the motion carried 5-0.
3. Accounts payable: (a) May 14, 1999, Resolution No. 99-147
CO) May 21, 1999, Resolution No. 99-148
(c) May 28, 1999, Resolution No. 99-149
4. Payroll: (a) May 14, 1999, Resolution No. 99-150
(b) May 28, 1999, Resolution No. 99-151
5. Minutes: May 17, 1999 regular meeting.
6. Monthly Treasurer's and Budget Report: April 1999.
7. Support of the Measure A and B Program and encouragement of the Santa Clara
County Board of Supervisors to adequately fund and move expeditiously to construct
the north Route 85/Highway 101 interchange improvement project, Resolution No. 99-
152.
8. Use fee waiver: request from Garden Gate Elementary School for waiver of use fee for
usc of thc amphitheater at Memorial Park on June 15, 1999.
9. Selection of Planning Commission representatives to: (a) Residential Design Review Committee (alternate member)
Co) Design Review Subcommittee (two members)
(c) Architectural advisor to the above
10. Setting date for consideration of reorganization of area designated "Almaden Avenue
99-05," property located on the south side of Almaden Avenue between Byrne Avenue
and Orange Avenue; approximately 0.2088 acre, MacHale (Alan 357-15-029),
Resolution No. 99-153.
11. Acceptance of city projects performed under contract: Medians and Roadsides,
Landscape Improvements at Various Locations, Project 98-108 (Robert A. Bothman,
Inc.).
12. Designating Permit Parking on Shattuck Drive, Resolution No. 99-154.
13. Authorizing execution of Program Supplement Agreement No. 001-M1 to
Administering Agency-State Agreement No. 04-5318, for Stevens Creek Blvd./De
Anza Blvd. Arterial Management Project, Resolution No. 99-155.
June 7, 1999 Cupertino City Council Page 3
14. Adoption of a new Disadvantaged Business Enterprises (DBE) Program and
establishment of annual DBE goal, Resolution No. 99-156.
15. Approving contract change order No. 2, Reconstruction of Curbs, Gutters and
Sidewalks, Project No. 98-107, Resolution No. 99-157.
16. Parcel maps:
(a) Deblin 1 LP, a California Limited Partnership, 10840 Bubb Road, APN 362-
02-027, Resolution No. 99-158
(b) Rodger Wooley and Ronarnae Wooley, 11593 Upland Way, APN 366-03-009,
Resolution No. 99-159
17. Approval of recommendation fi.om Telecommunications Commission for awarding
two public access grants.
Vote Counciimernbers
Ayes: BurneR, Chang, Dean, James, and Statton
Noes: None.
Absent: · None.
Abstain: 'None.
ITEMS REMOVED FROM THE CONSENT CALENDAR - None
PUBLIC HEARINGS
18. Hazardous Vegetation Management Program (weed abatement): hear objections to the
proposed removal of hazardous vegetation as public nuisances, Resolution No. 99-160.
The City Clerk reviewed the staff report, and Mayor Dean opened the public hearing.
There were no speakers, and the public hearing was closed.
Chang moved to adopt Resolution No. 99-160. Statton scconded and the motion
carried 5-0.
19. User fees: rescinding Resolution No. 98-138 and establishing user fees, Resolution No.
99-161.
Administrative Services Director Carol Atwood reviewed the staff report, and Mayor
Dean opened the public hearing. There were no speakers, and the public hearing was
closed.
Statton moved to adopt Resolution No. 99-161. Chang seconded and the motion
..- carried 5-0.
Page 4 Cupertino City Council June 7, 1999
20. Consideration of the 1999-00 preliminary budget.
Administrative Services Director Carol Atwood reviewed the staff report. She
explained that general fund revenues were $26,793,000. Sales tax made up about 36%
of that figure and property tax about 14%. She noted that the City of Cupertino
receives 2.2 cents of each dollar of property tax paid by Cupertino property owners.
The general fund expenditures are $28,459,000. The largest components of the
expenditure budget are law enforcement (17%), capital projects (17%), debt service
.(16%) and public works (27%).
There is a $6 million surplus in the general fund, and after paying debt service the city
will have in excess of $2 million. Council has preliminarily decided to spend the
excess surplus funds on CIP park renovations, Stevens Canyon Road widening, the
service center, compliance with the Americans with Disabilities Act (ADA), and six
new staffpositions.
She also requested an adjustment to the budget for parks and recreation software,
because the bids came in $25,000 higher than anticipated.
Mayor Dean opened the public hearing and there were no speakers. The public
hearing was continued to June 14, 1999, at which time the budget is scheduled for
adoption
21. Public hearing to consider adopting the 1997 Edition of the California Uniform
Building, Plumbing, Mechanical, Housing and Fire Codes and the 1996 Edition of the
California Electrical Code.
(a) First reading of Ordinance No. 1823: "An Ordinance of the City Council of the
City of Cupertino Adding a Chapter to the Cupertino Municipal Code to Adopt
Chapter 5 of the 1997 Uniform Code for Building Conservation."
(b) First reading of Ordinance No. 1824: "An Ordinance of the City Council of the
City of Cupertino Amending Chapter 16.04 of the Cupertino Municipal Code
Adopting the 1997 Edition of the Uniform Building Code."
(e) First reading of Ordinance No. 1825: "An Ordinance of the City Council of the
City of Cupertino Amending Chapter 16.16 of the Cupertino Municipal Code
Adopting the 1996 Edition of the California Electrical Code."
(d) First reading of Ordinanee No. 1826: "An Ordinance of the City Council of the
City of Cupertino Amending Chapter 16.20 of the Cupertino Municipal Code
Adopting the 1997 Edition of the Uniform Plumbing Code."
(e) First reading of Ordinance No. 1827: "An Ordinance of the City Council of the
City of Cupertino Amending Chapter 16.24 of the Cupertino Municipal Code
Adopting the 1997 Edition of the Uniform Mechanical Code."
(f) First reading of Ordinance No. 1828: "An Ordinance of the City Council of the
City of Cupertino Repealing and Re-Enacting Chapter 16.40 of the Cupertino
June 7, 1999 Cupertino City Council Page 5
Municipal Code Adopting the 1998 Edition of the California Fire Code and the
1997 Edition of the Uniform Fire Code."
(g) First reading of Ordinance No. 1829: "An Ordinance of the City Council of the
City of Cupertino Amending Chapter 16.56 of the Cupertino Municipal Code
Adopting the 1997 Edition of the Uniform Housing Code."
Mayor Dean opened the public hearing. There were no speakers, and the hearing was
closed.
The City Clerk read the title of the ordinances. Burnett moved and James seconded to
read the ordinances by title only, and that the City Clerk's reading would constitute the
first reading thereof. Motion carried 5-0.
PLANNING APPLICATIONS
22. Review and adoption of Single Family Residential Design Guidelines, 99-163.
Community Development Director Bob Cowan explained that these guidelines would
be used by the Residential Design Review Committee, which will decide on exceptions
to the Single Family Residential (R-I) ordinance and second story additions that
exceed a 35% floor area ratio.
Mr. Leslie Bumell, Holly Oak Drive in Cupertino, said he was concerned that Mr.
David Doyle would be appointed as the chair to the Design Review Committee, and he
was the only person who had voted against the 45% reduction in floor area ratio.
Community Development Director Bob Cowan said that Mr. Doyle would follow the
council's directives, and did not anticipate any problem. Council always has the
option of appealing the decision or replacing Mr. Doyle on the committee, but he is a
professional and will follow the policy guidelines.
James moved to accept the design guidelines with the following changes: (1) on Page 4
(page 22-7 of staff report), first paragraph, last sentence, change the word
"installation" to "installing"; and (2) on Page 5 (page 22-8 of staff report), first
diagram, delete gable immediately behind small-scale entry.
James moved to accept the design guidelines as presented. Chang seconded and the
motion carded 5-0.
UNFINISHED BUSINESS
23. Amendments to the Housing Mitigation Manual - amendments related to extending the
term of affordability from 30 to 99 years, inclusion of public service employees as a
high preference in the buyer selection pwcess, City of Cupertino, Citywide. This item
is Categorically Exempt and is recommended for appwval, Resolution No. 99-162.
Page 6 Cupertino City Council June 7, 1999
Planner Vera Gil reviewed the staff report and said this would include extending the
term of affordability from 30 to 99 years, and add public service employees as a high
preference in the applicant selection process.
Ms. Mary Ellen Cheil, Executive Director of Cupertino Community Services (CCS),
asked that council reconsider the recommendations to include all employees of the
school districts, including secretaries and clerks, instead of just the teachers as
originally proposed. Also, she did not feel it was appropriate that County Fire and
Sheriff employees can still remain on the BMR list for housing even if they are no
longer assigned to Cupertino.
James moved to adopt Resolution No. 99-162 amending the Housing Mitigation
Manual with the following changes: (1) Amend 23-15 of the staff report, paragraph
2.04.06, to read, "Public Service employees are defined as teachers 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 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." Bumett seconded and the motion carried 5-0.
NEW BUSINESS
24. Traffic barriers: request to hold public hearing to remove traffic barriers at Rodrigues
and Tone Avenue.
Public Works Director Bert viskovich reviewed the staff report.
Bumett moved to direct staff to investigate the elimination of the turning restriction at
Torre Avenue and Rodrigues Avenue, including (1) A review by the Economic Review
Commission (ERC), (2) Notification of all residents within 300 feet and residents
along Rodrigues Avenue and Blaney Avenue between Rodrigues Avenue and
Bollinger Road, and (3) Setting a public hearing for September 7, 1999. Chang
seconded and the motion carried 5-0.
25. Street maintenance slurry seal: review bid and award contract for, Project 99-102.
James moved to utilize the alternate bid and award the project to the lowest bidder,
Valley Slurry Seal, in the amount of $373,964.41, and to authorize a 10% contingency
for a total project of $411,360.85. Statton seconded and the motion carried 5-0.
26. Street overlay projects: review of bids and award of contracts for: (a) Stevens Creek Blvd. Overlay, Project 99-101
(b) Annual Overlay, Project 99-108
June 7, 1999 Cupertino City Council Page 7
_.. Bumett moved to (1) Award both projects to the lowest bidder, Granite Construction, in
the amount of $1,134,534.20 for the Stevens Creek Overlay Project, and $675,473.45
for the Annual Overlay Project, for a total of $1,810,007.65; (2) Authorize a 10%
contingency for a total project cost of $1,991,008.41, and (3) Waive the irregularity of
not submitting both alpha and numeric values as a part of the bid package. Statton
seconded and the motion carried 5-0.
ORDINANCES - None
STAFF REPORTS - None
City Manager Don Brown reviewed the recommendations of the Legislative Review
Committee. James moved and Bumett seconded to adopt the committee recommendations, as
follows:
· Directed that a letter be sent to Sen. Byron Sher regarding AB 1482 (Alquist), animal
shelters, time extension.
· Opposed AB 1410 (Margett), public government contracts, rejection of bids.
COUNCIL REPORTS
Statton reported that the Santa Clara Library JPA Board met last week to discuss regulation of
-- Intemet access. Their decision to put filters on the children's computers and to make filters
optional on the adults' computers has worked out well. He offered his thanks to the Library
Commission for their assistance on that matter.
Burnett said that the Library Expansion Committee had met and that the architect was urging
them to move as quickly as possible to get contributions toward new furniture. He also noted
that the Fourth of July committee had met and it looks like there will be another great
celebration this .year.
Chang said that he attended the meeting of the Joint Venture Silicon Valley Public Sector
Roundtable and that they were urged to be stronger advocates for cities. Chang noted that the
Leadership Cupertino graduates would be making a presentation before a mock council this
week. Chang said that the City Manager, Councilmember Burnett, and himself had met with
the Library Expansion Committee. Also, the Public Dialogue Consortium had scheduled a
half-day retreat for 40 people. The purpose was to define the group better. They also
identified a number of nice projects to build community and welcome new residence.
James reported that the library committee has selected materials for the interior surfaces and
are currently working on selecting lighting. They are being careful to keep costs within the
budget. She said that she had been a guest speaker at Phar Lap neighborhood meeting
regarding city issues. She also commended the Operation Outreach Program (to keep teens
-- substance free) which presented their program at all local high schools.
Page 8 Cupertino City Council June 7, 1999
CLOSED SESSION
At 7:16 p.m. council recessed to a closed session in Conference Room A regarding labor
negotiations pursuant to Government Code Section 54957.6. At 8:12 p.m. council reconvened
in the Council Chambers. The City Attorney announced that discussion was held regarding
various items with the negotiator, and no action was taken.
ADJOURNMENT
At 8:12 p.m. the meeting was adjoumed to 7:00 p.m. on June 10 for a community meeting
regarding the Library/Civic Center expansion. The meeting will be held at the Cupertino
Senior Center, 21251 Stevens Creek Boulevard.
Kimberly Smith
City Clerk
MINUTing
CUPERTINO CITY COUNCIL
Regular Adjourned Meeting
Thursday, June 10, 1999
PLEDGE OF ALLEGIANCE
At 7:00 p.m. the meeting came to order in the Cupertino Senior Center, 21251 Stevens Creek
Boulevard, Cupertino, California
ROLL CALL
City Council members present: Vice-Mayor John Statton, and Council members Don BurneR,
Michael Chang, and Sandra James. Council members absent: Mayor Wally Dean.
Staff present: City Manager Don Brown, City Attorney Charles Kilian, Administrative
Services Director Carol Atwood, Community Development Director Bob Cowan, Public
Works Director Bert Viskovich, and City Clerk Kimberly Smith.
NEW BUSINESS
· .- 1. Community meeting regarding proposed Library/Civic Center expansion project.
Facilitator Daniel Iacofano gave a Powerpoint slide show highlighting the current
library conditions, circulation statistics, and responses to the community survey.
Audience members (including approximately 60 members of the public) broke into
small groups to fill out and discuss comment cards. Each group gave a brief report to
the group as a whole regarding building size, location, funding, and topics on which
more information was needed.
ADJOURNMENT
At 9:30 p.m. the meeting was adjourned.
Kimberly Smith
City Clerk
RESOLUTION NO. 99-167
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
MAKING DETERMINATIONS AND APPROVING THE REORGANIZATION OF
TERRITORY DESIGNATED "GARDEN GATE DRIVE 99-02", APPROXIMATELY
0.24 ACRE LOCATED ON THE NORTH SIDE OF GARDEN GATE DRIVE
BETWEEN BEARDON DRIVE AND THE CITY LIMITS; YANG (APN 326-33-017)
WHEREAS, a petition for the annexation of certain territory to the City of
Cupertino in the County of Santa Clara consisting of 0.24 acre on the north side of
Garden Gate Drive (APN 326-33-017) has been filed by property owner Sophia Yang;
and
WHEREAS, on May 17, 1999, the City Council adopted Resolution No. 99-142
initiating proceedings for annexation of the area designated "Garden Gate Drive 99-02";
and
WHEREAS, said territory is uninhabited and all owners of land included in the
proposal consent to this annexation; and
WHEREAS, Section 35150.5 of the California Government Code states that the
Local Agency Formation Commission shall not have any authority to review an
.... annexation to any City in Santa Clara County of unincorporated territory which is within
the urban service area of the city of the annexation if initiated by resolution of the
legislative body and therefore the City Council of the City of Cupertino is now the
conducting authority for said annexation; and
WHEREAS, Government Code Section 56837 provides that if a petition for
annexation is signed by all owners of land within the affected territory the City Council
may approve or disapprove the annexation without public hearing; and
WHEREAS, evidence was presented to the City Council;
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Cupertino as follows:
1. That it is the conducting authority pursuant to Section 35150.5 of the Government
Code for the annexation of property designated "Garden Gate Drive 99-02", more
particularly described in Exhibit "A";
2. That the following findings are made by the City Council of the City of
Cupertino:
a. That said territory is -ninhabited and comprises approximately 0.24
Resolution No. 99-167 Page 2
b. That the annexation is consistent with the orderly annexation of territory
with the City's urban service area and is consistent with the City policy
of annexing when providing City services.
c. The City Council has completed an initial study and has found that the
annexation of said territory has no significant impact on the environment,
and previously approved the granting of a Negative Declaration.
d. The City Council on May 17, 1999, enacted an ordinance prezoning
the subject territory to City of Cupertino Pre-P zone.
e. Annexation to the City of Cupertino will affect no changes in special
districts.
f. That the territory is within the city urban service area as adopted by the
Local Agency Formation Commission.
g. That the annexation is made subject to no terms and conditions.
h. That the County Surveyor has determined the boundaries of the proposed
annexation to be definite and certain, and in compliance with the
Commission's road annexation policies. The City shall reimburse the
County for actual costs incurred by the County Surveyor in making this
determination.
i. That the proposed annexation does not create islands or areas in which it
would be difficult to provide municipal services.
j. That the proposed annexation does not split line of assessment of
ownership.
k. That the proposed annexation is consistent with the City's General Plan.
I. That the City has complied with all conditions imposed by the
commission for inclusion of the territory in the City's urban service area.
m. That the territory to be annexed is contiguous to existing City limits under
provisions of the Government Code.
3. That said annexation is hereby ordered without election pursuant to Section 35151
et seq. of the Government Code.
4. That the Clerk of the City Council of the City of Cupertino is directed to give
notice of said annexation as prescribed by law.
2
Resolution No. 99-167 Page 3
BE IT FURTHER RESOLVED that upon completion of these reorganization
proceedings the territory annexed will be detached from the Santa Clara County Lighting
Service District.
PASSED AND ADOPTED at a regular meeting of the City Council of the City
of Cupertino this 21st day of June, 1999, by the following vote:
Vote Members o._f the City Council
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST: APPROVED:
City Clerk Mayor, City of Cupertino
3
EXIHBIT A
ANNEXATION TO THE CITY OF CUPERTINO, CALIF.
ENTITLED/'GARDEN GATE DRIVE #99-02"
All that certain real property situated in the County of Santa Clara, State of California, being all
of Lot 175 of Tract 783, "GARDF~ GATE VILLAGE ADDITION" which map was filed in
Book 30 of Maps at Pages 30-33, Santa Clara County R~ord~, described as follows, to wit:
Beginning at the Northeastern corner of said Lot 175 on the westerly line of the Original City
Limits Line of the City of Cupertino;
Thence from said point of beginning along the northerly line of said Lot to the northwestern
corner thereof W~t 87.61 feet; thence along the w~tern boundary of said Lot, South 120.00 feet
to the southwestern corner thereof on the northern line of Garden Gate Drive(60 feet wide);
thenc~ along the southern line of ~aid Lot along the northern boundary of Garden Gate Drive,
East 87.72 feet; thence along the eastern boundary of said Lot, also being the western line of said
m~ntioned City Limits, North 0°04'We~t 120.00 feet, to the point of beginning.
Containg 0.24 acres of land, mor~ or less.
Compiled in February 1999 by Dunbar and Craig Land Surveys, Inc. Job 99061
)l ~.. I I LOT 176 LOT 17.5
GARDEN GATE DRIVE ~ I
-) ~ ~GEND I'
VICINITY MAP (~e
G. 0 ~ GARDEN i~ SITE m°
GATE DR az
· A' 5615 *' ~
DUNBAR and CRAIG '
.- UCENS~ mD SU.~YORS EXHIBIT "B" "
I CEDAR STREET, SANTA CRUZ, CA
P.O. 80X 1018, SANTA CRUZ, 950~1 PROPOSED ANNEXA~OH TO THE
~,~8) 4,.~-.~~ ~, CITY OF CUPERTINO, CAUF. ENTITLED
~ ~ .- =----- _ ~ 'GARDEN GATE DRIVE d~99-02'
NO. r~l= NgNgW~ O^~Z S/aO/2002 Al=N: ,526 - 5.5 - 017
ACAD NO. 99061a. dwg JOB NO. 99061 Scale: 1' = 40 feet Date: Feb 17. 1999
-- RESOLUTION NO. 99-168
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
SETTING DATE FOR CONSIDERATION OF REORGANIZATION OF AREA
DESIGNATED "IMPERIAL AVENUE 99-07", PROPERTY LOCATED ON THE
'EAST SIDE OF IMPERIAL AVENUE BETWEEN OLIVE AVENUE AND ALCAZAR
AVENUE; APPROXIMATELY 0.457 ACRE, YEH
(APN 357-19-049)
WHEREAS, the City Council of the City of Cupertino has received a request for
annexation of territory designated "Imperial Avenue 99-07" from property owners, James
J. Yeh and Doris Yeh; and
WHEREAS, the property, 0.457+ acre on the east side of Imperial Avenue
between Olive Avenue and Alcazar Avenue (APNs 357-19-049) is contiguous to the City
of Cupertino and is within its urban service area; and
WHEREAS, annexation would provide for use of City services; and
WHEREAS, this territory is uninhabited and was prezoned on May 16, 1983, to
City of Cupertino Pre R1-7.5 zone; and
'- WHEREAS, the City of Cupertino, as Lead Agency for environmental review
completed an initial study and granted a Negative Declaration for annexation; and
WHEREAS, the County Surveyor of Santa Clara county has found the map and
description (Exhibits 'A" and "B") to be in accordance with Government Code Section
56826, the boundaries to be definite and certain, and the proposal to be in compliance
with LAFCO's road annexation policies; and
WHEREAS, the fee set by the County of. Santa Clara to cover staff cost for above
certification has been paid; and
WHEREAS, as provided in Government Code Section 56826 the City Council of
the City of Cupertino shall be conducting authority for a reorganization including an
annexation to the City; and
WHEREAS, Government Code Section 56837 provides that if a petition for
annexation is signed by all owners of land within the affected territory the City Council
may approve or disapprove the annexation without public hearing;
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of
Cupertino hereby initiates annexation proceedings and will consider annexation of the
territory designated "Imperial Avenue 99-07" and detachment from the Santa Clara
· - County Lighting Service District at their regular meeting of July 19, 1999.
Resolution No. 99-168 Page
PASSED AND ADOPTED at a regular meeting of the City Council of the City of
Cupertino this 21st day of June, 1999, by the following vote:
Vote Members of the City Council
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST: APPROVED:
City Clerk Mayor, City of Cupertino
2
- EXHIBIT "A"
ANNEXATION TO THE CITY OF CUPERTINO, CA. ENTITLED:
IMPERIAL AVE. 99-07
Ail that certain real property situated in the County of Santa
Clara, State of California, being all of Parcel One as shown upon
that certain Record of Survey filed in Book 111 of Maps at Page
39, Santa Clara County Records and a portion of Imperial Avenue
as shown upon said Record of Survey, described as follows:
Beginning at the Northwesterly corner of said Parcel One on
the Easterly line of Imperial Avenue, 60 feet wide;
Thence along the Northerly line of said Parcel S89°57'30"E
135.00 feet to the Northeasterly corner thereof;
Thence along the Easterly line of said Parcel, also being
the Westerly line of that certain annexation of the City of
Cupertino entitled "McClellan lA", South 79.00 feet to the
Southeasterly corner of said Parcel;
.-- Thence leaving said Westerly line of said annexation and
along the Southerly line of said Parcel One, N89°57'30"W
135.00 feet to the Southwesterly corner thereof on the East-
erly line of Imperial Avenue;
Thence continue N89°57'30"W 60.00 feet to the Westerly line
of Imperial Avenue;
Thence along said Westerly line North 154.00 feet to the
Southwesterly corner of that certain annexation of said City
entitled "Imperial Avenue 98-08";
Thence leaving said line of Imperial Avenue and along the
Southerly line of said annexation, S89°57'30"E 60.00 feet to the
Easterly line of Imperial Avenue; '
Thence leaving said Southerly line of said annexation and
along the Easterly line of said Imperial Avenue, South 75.00 feet
to the point of beginning; -7
Containing 0.457 of an acre, more or less.
Date: April 20, 1999 ~'~
_ APN: 35F-19-049
OLIVE Ay'P_.
_ _
!- ..x N.~e°~ ~o"W
/' ~-. 60 I x ...~ ..... .
~- .... X co' ' -
· ... ~ ~35.oo x
'~' .... ~ 89e~T' ~0"W 'l~,OO,
LEG e N
'-- Line e[e~ief~n~
ALCAZA~ AVE J u.e.c
~'~~ E~HI'~ I T "~"
A~c~zar PR0 PO5 E P A N N E X A TI 0 N
/~cclell~n .~me~R,AL T0 THE CIT~ 0P CUPERTINO
ENTITLED:
V~C~N[T¢ ~~ I MPERIALA~E. Dg'OT
NOT T0 SCALE
APRIL ~_ I~q9
.~. City Hall
! 0300 Torte Avenue
Cupertino, CA 95014
,' of (408) 77%3212
{ '.Ul"~el~'-'~'Y'I0 Fax: (408)777-3366
OFFICE OF THE CITY MANAGER
SUMMARY
AGENDA ITEM NUMBER ~ o, AGENDA DATE
SUi~IECT AND ISSUE
Application for Alcoholic Beverage License.
BACKGROUND
1. Name of BUSiness: South Seas Hide-A-Way
Lbcation: 10031 Judy Avenue
Type of Business: Bar
- Type of License: On-Sale Beer and Wine
Reason for Application: Person to Person Transfer
RECOMMENDATION
There are no USe permit restrictions or zoning restrictions which would pwhibit this USe and staff
has no objection to the issuance of the license.
G:planning/mise/abcsouthseas
Printed on Recycled Paper
CAtt~OaN~A DROPPING PARTNER
YES_~ NO X____X
APPLICATION FOR ALCOHOL BEVERAGE LICENSE(S)
TO:
Department of Alcoholic Beverage Control File Number .............. 354622
100 Paseo de San Antonio, Room 119 Receipt Number ......... 1237585
San Jose, CA 95113 Geographical Code ........ 4300
(408) 277-1200 Copies Mailed Date 6-9-99
Issued Date
DISTRICT SERVING LOCATION: SAN JOSF.
Name of Business: SOUTH SEAS HIDEAWAYS
Location of Business:
Number and Street 10031 JUDY AVE
City, State Zip Code CUPERTINO CA 95014
County SANTA CLARA
Is premise inside city limits.'? NO
Mailing Address:
(If different from 580 AHWANEE AVE SP 7
premise address) SUNNYVALE CA 94086
If premise licensed:
Type of license 4 2
Transferor's names/license: RODRIGUEZ ELAINE ANNIE 352355
I understand that if I fail to qualify for the license or withdraw this application there will be a service charge of one-fourth of the license
fee paid, up to $100.
License TVDe Transaction Tv~ ~ee TYPe Ma~ter Du~ Dat~ F~
1. 42 ON-SALE BEER AND W PERSON TO PERSON TRANs NA YES 0 09-JUN-1999 $150.00 :
2. 42 ON-SALE BEER AND W ANNUAL FEE NA YES 0 09-JUN-1999 $205.00 :
3. 30 TEMPORARY RETAIL P DUPLICATE NA Nb i 09-JUN-1999 $100.00 :
4. 42 ON-SA~E BEER AND W STATE FINGERPRINTS NA NO I 09-JUN-1999 $39.00 :
'IY~AL 5494.00
Have you ever been Have you ever violated any provisions of the Alcoholic Beverage Control
convicted of a felony? YES Act, or regulations of the Department pertaining to the Act? NO
Explain any "Yes" answer to ~be above questions on an atlachment which shall be deemed part of this application.
Applicant agrees (a) that any manager employed in on-sale licensed premise will have all the qualifications of a licensee, and (b) that he will
not violate or cause or permit to be violated any of the provisions of the Alcoholic Beverage Ccn~'~ol Act.
STATE OF CALIFORNIA ' County of SANTA C~ Date JUN 09,1999
Under penalty of pe~jui~, each person whose sijantore appears below, om~nes and says: (!) He is an applicant, or one of Ibe nppfie~n, ts, or an executive offleor o.f tbe allpl, i?nt
eo~on, nnmed in the foregoing application, duly anthmta,"d to ~ this application on its bch~f..; (2) that be .has ~ d~e fo?going ~ know.s, the ~onmn.~. ~ .ann mat
each of die above sm.ten~..nts therein ~ are line; (3) ..fllat .no person other than fl~ applicant .or .applnoants has any direct ? redirect in~est, m fl~e appheant or a0plicant's mln._n~_ to
be oonduol~d un.~. the heense(s) for which this appliean.o.n m made; (4) flint the transfer al~ln?no.n ~ pmpesed.mmsfor is not mad~ to sa~. fy fl~ p~...yn~, t of u loan or to fu. lfiil an
agreement anten.-d into ~ than ninety (90) days ..~n~ ~le day on which die Iramfor npphonllo.n Is fillIM wilh. tbe .~...t or to gain .m' establish .n. ~._. to or tor...any
creditor or transferor or to d~fraud or injure any emdimr o~ ulnsforo~, ($) Ihat Ibe Iramfer applieanon may be mlhdrawn by e~flior tbe applicant or fl~e heonse~ mm no manlbng
lial~lity to fl~ Depmmanc
Applicant Name(s) Applicant Signature(s) ~.~./~
ORTEGA ERNEST CORTEZ
RODRIGUET. ELAINE ANNIE
ABC 211 (2/99)
10300 Tone Avenue
.~. Cupertino, CA 95014
(408) 777-3212
of Fax: (408) 777-3366
CuPertino
OFFICE OF THE CITY MANAGER
SUMMARY
!
AGENDA ITEM ~ER ~ ~ AGENDA DATE & '" ~'~"-'~
SUBJECT AND ISSUE
Application for Alcoholic Beverage License.
BACKGROUND
1. Name of Business: Ikenoharm Japanese Restaurant
Location: 20625 Alves Drive
Type of Business: Restaurant
Type of License: On Sale General
- Reason for Application: 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: Submitte~l~ by:,
O:planning/misclkenohana
Printed on Recycled Paper
APPLICATION FOR ALCOHOL BEVERAGE LICENSE(S)
TO:
Department of Alcoholic Beverage Control File Number .............. 354535
100 Pasco de San Antonio, Room 119 Receipt Number ......... 1237189
San Jose, CA 95113 Oeographical Code ........ 4303
(408) 277-1200 Copies Mailed Date 6-7-99
Issued Date
DISTRICT SERVING LOCATION: SAN JOSF.
Name of Business: IKENOI'IANA JAPANESE RESTAURANT
Location of Business:
Number and Street 20625 ALVES DR
City, State Zip Code CUPERTINO CA 95014
County SANTA CLARA
Is premise inside city limits? YES
Mailing Address:
(If different from 330 W RINCON AVE
premise address) CUPERTINO CA 95014
If premise licensed:
Type of license 4 7
Transferor'snames/license: UNIVERSAL RESTAURANT CORPORATION 156214
I understand that if I fail to qualify for the license or withdraw this application there will be a service charge of one-fourth of the license
fee paid, up to $100.
~icense TyPe Transaction Tv~e ~ee T~oe Master DUD Date Fee
1. 47 ON-SALE GENERAL EA PERSON TO PERSON TRANs P40 YES 0 07-JUN-1999 $1250.00 :
2. 47 ON-SALE GENERAL EA ANNUAL FEE P40 YES 0 07-JUN-1999 $695.00 :
3. 47 ON-SALE GENERAL EA STATE FINGERPRINTS NA NO 6 07-JUN-1999 $234.00 :
TOTAL $2179.00
Have you ever been Have you ever violated any provisions of the Alcoholic Beverage Control
convicted of a felony? NO Act, or regulations of the Department pertaining to the Act? NO
Explain nny "Yes" answer to the above questions on an attachment which shall be deemed part of this application.
Applicant agrees (a) that any mannger employed in on-sale licensed premise will have all the qualifications of n licensee, and (b) that he will
not violate or cause or permit to be violated nny of the provisions of the Alcoholic Beverage Control Act.
STATE OF CALIFORNIA County of SANTA CLARA Date JUN 07,1999
Under p?nnlty of .1~. 'ury, each .p~son w.ho~ sisnature al~. below, ce~ti.fies and says: (I) He is an applicenl, or on~ of the applicants, or nn e~ecolive officer of the npplicnnt
corpornUon, nnmco in the foresoi.ng apphcnuon, duly authorized to make this applic~ti .o? on its beb.nlf; (2) that he.has mid ~ foregoing and knows the contents thereof and dmt
each of the above, smte?n, ts therein ~ n~e .u~e; (~) ~ .no pet,~on other than the nppficem .or .appficents has any direct .or iu~ intm~st, in the applicant or applicant's business to
be condanme unn?r, the hcens?(s) f.or which dlis appheau.o.n Is .nm~.; (4) that the Iransfor apph..c~o.n ~ pmposad.tmnsf~ IS not made to sal~.sfy the _~...~. t of a loan or to fulfill an
a~.. meat eh? mto mo~ m. an .nme.ty.(90) days ...p~n]g me nay on which die mmsfor nppheanon ts filled with the I~t or to gaiq,,or=u~mblish n Ix~femnce to or for any
.e, remtor or transferor or to defrann or injure nny cremtor orlmnsferor; ($) dmt the mmfor appliealion may be withdrawn by either the a~li .e~nt~l~ the licensee with no resulfins
liability to the Oepimment.
Applicant Name(s) App, liO~mt Signature(s) . ~ ·
IKENOHANA JAPANESE CUISINE LLC
·
ABC 211 (2/99)
.-- City Hall
10300 Torm Avenue
Cup~tino, CA 95014
Citx' of (408) 777-3212
OFFICE OF THE CITY MANAGER
SUMMARY
AGENDA ITEM NUMBER ~ a~ AGENDA DATE
SUBJECT AND ISSUE
Application for Alcoholic Beverage License.
BACKGROUND
1. Name of Business: Alotta's Deli
Location: 10235 S. De Anza Boulevard
Type of Business: Delicatessen
Type of License: On-Sale Beer and Wine
Reason for Application: Original License
RECOMMENDATION
There are no use permit restrictions or zoning restrictions which would prohibit this usc and staff
has no objection to the issuance of the license.
Prepared by: Sub~fi~ed by:~
C City Planner Dc~ud~ er ~
G:planning/misc/abcalotta'sdeli
Printed on Fiecycled Paper
c 4 & t t o ~ ~ t n DROPPING PARTNER
APPLICATION FOR ALCOHOL BEVERAGE LICENSE(S)
TO:
Department of Alcoholic Beverage Control File Number .............. 354676
100 Paseo de San Antonio, Room 119 Receipt Number ......... 1237820
San Jose, CA 95113 Geographical Code ........ 4303
(408) 277-1200 Copies Mailed Date 6-10- 99
Issued Date
DISTRICT SERVING LOCATION: SAN .IOSlZ.
Name of Business: ALOTTA'S DELI
Location of Business:
Number and Street 10235 S DE ANZA BLVD
City, State Zip Code CUPERTINO CA 95014
County SAI~.TA CLARA
Is premise inside city' limits? YES
If premise licensed:
Type of license
Transfewr's names/liceuse:
I understand that if I fail to qualify for the license or withdraw this application there will be a service charge of one-fourth of the license
fee paid, up to $I00.
~icense TVD~ Trnnsaction TVD~ Fee T~D~ Ma~ter Du~ Date Fee
1. 41 ON-SALE BEER AND W ORIGINAL .NA YES 0 10-JUN-1999 $300.00 :
2. 41 ON-SALE BEER AND W ANNUAL FEE NA YES 0 10-JUN-1999 $205.00 :
TOTAL $505. oo
Have you ever been Have you ever violated any provisions of the Alcoholic Beverage Control
convicted of a felony? NO Act, or regulations of the Department pertaining to the Act? NO
Explain nny "Yes" answer to the above questions on an q~tw-hm~nt whi~ shall be deemed pan of this application.
Applicant a~rees (a) that any manager employed in on-sale licensed premise will have aH the qualifications of a licensee, and Co) that he will
not violate or cause or permit to be violated any of the provisions of the Alcoholic Beverage Control Act.
STATE OF CALIFORNIA County of SANTA CLARA Date JUN 10,1999
Unde~ ponaity of I~orY, each person whose si~antore npl~ses bolow, e~ifiea and says: (I) He is an applioant, or one of the applicants, or an exotrdtvo offioor of the applioant
eo~n, named in the fmegoing applieaton, duly anthoriz~d to make this alq~lieatan on its behalf; (2) that ho has ~ d~ foregoing and knows the eontonts ~ .and that
ea~ of tho above stammants the~in made are uan; (3) that an porson other than the a0plieant or a~plieants has any dire~t or indLreet ink,est in the aOplioant or applicant s business to
ho conducted undo'., the lieonse(s) f? which this applieal/.o.n is made; (4) trot the lrensfor ~ or pmposed, mmsfor is not made to satisfy the payment of a loan or to fulfill an
a~eement entt~red into mo~ than mnety (90) days pmeedin~ ~ day on which the mmsfer nOplieanon is filled vnth tho l~t or to gain or establish a profe~-~:e to or for any
creditor or Irnnsferor or to defraud or injure any creditor of mmaforor; ($) that tho uansfor nl~liealion may be wilfutrawn by aither the applicant or.d~ licensee with no resultln~
liability to the Depamnonc
Applicant Name(s) Applicant Signature(s) ~ ~
ABC 211 (2/99)
RESOLUTION NO. 99-169
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTI'NO DECLARING
ITS INTENTION TO ORDER VACATION OF A PORTION OF A PUBLIC UTILITY
EASEMENT WITHIN THE CITY OF CUPERTINO PURSUANT TO SECTION 50430
ET SEQ. OF THE GOVERNMENT CODE OF STATE OF CALIFORNIA, FIXING
TIME AND PLACE FOR PUBLIC HEARING AND PROVIDING FOR NOTICE
THEREOF; LOT 18, TRACT 6310, 22362 REGNART ROAD
WHEREAS, that cm~ain portion of the public utility easement 10 feet in width on Lot l g,
Tract 6310 at 22362 Regnart Road within the City, more particularly described in description and
plat attached hereto and made part hm'~of as Exhibits "A" and "B" respectively; is deemed
unnecessary for present or prosp~tive use; and
WHEREAS, it is dom'ned to be in the public interest that the City Council initiates the
abandonment of said easo.nont located undo' new house.
NOW, THEREFORE, BE IT RESOLVED that thc City Council hereby declares its
intention to vacate the aforesaid public utility e~so.nont.
BE IT FURTHER RESOLVED:
1. That the 19' day of Suly, 1999, at 6:45 p.m., in thc Council Chamber, City Hall,
10300 Torre Avenue, Cupertino, California, is the time and place fixed for hearing on the above
proposed vacation;
2. That the aforesaid date is not less than 15 days from passage of this resolution
pursuant to law;
3. That the City Clerk shall cause a certified copy of this resolution to be published
in the manner prescribed by law, and shall cause certified copies to be posted along the line of
said property proposed to be vacated at least 10 days before the date of hearing and no more than
300 feet apart with a rinini~num of 3 being posted.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of
Cupertino this 21~ day of June, 1999, by the following vote:
Vote Members of the City Council
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST: APPROVED: '-
City Clerk Mayor, City of Cupertino
June 3, 1999
GUDMUNDSON RESIDENCE
P.U.~. TO mm ABANDONED UND~ ?OCATTON OF NEW HOUSE
A, portion of a certain P.U.E. 10 feet in width shown in Lot 18 as
shown on the map of Tract No. 6310, recorded April 16, 1979 in
Book 439 of Maps, Official Records of Santa Clara County, the
centerline of said portion being more particularly described as
follows=, '. ,.
BEGINNING at a point on the easterly line of the "18~ Emergency
Access Easement and Private Road & P.U.E. & I.S.D.E." as shown on
said lot at the northerly extremity of the course labeled
North 10°00t00" West 22.09 feet~
THENCE South 89°34t24" East (no distance shown on map) end
North 18°00~ East 58.67 feet to the termination of the
abandonment herein described at an angle point distant
South 51°11~ West 9.8 feet from the easterly boundary of said
Tract 6310, all as shown on said Tract Map.
I ~ ~,,
_ ~_~
, ~,~,~, '...
; .. [ .~~.
/ ~i~ p.U.~
GUDMUNDSON RESIDENCE
~~ ,4~vc~o -.... '22~2 REGNARI ROAD ..
.... ~e~ ,~ ~s~~ ~lJ~;/il~[~ '"'~
~LE: . 2o'1
',.
~ EL~I~ REAL * SUI~ 110
RESOLUTION NO. 99-170
A RESOLUTION OF THE CITY COLrNCIL OF THE CITY OF CUPERTINO
ACCEPTING QUITCLAIM DEED AND AUTHORIZATION FOR
UNDERGROUND WATER RIGHTS FROM EVAN LAU, LOCATED
AT 21837 OAKVIEW LANE, APN 357-19-099
WHEREAS, Evan Lau, have executed a "Quitclaim Deed and Authorization",
which is in good and sufficient form, quitclaiming their rights in and authorizing the City
of .Cupertino, County of Santa Clara, State of California, to extract water from the
underground basin, underlying that certain real prop~y situate in the City of Cupertino,
more particularly described as follows:
Lot 12 of that certain subdivision of real property situate in the County of
Santa Clara, State of California, and specifically described in the map
thereof filed in the Office of the County Recorder of the County of Santa
Clara on the 8'~ day of February, 1955 in Book 54 of Maps at Page 31.
IT IS FLrRTHER RESOLVED that the City Clerk is hereby authorized to record
_ said "Quitclaim Deed and Authorization" and this resolution.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of
Cupertino this 21'~ day of June, 1999, by the following vote:
Vote Members o__f the City Council
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST: APPROVED:
City Clerk Mayor, City of Cupertino
QUITCLAIM DEED AND AUTHORIZATION
FOR UNDERGROUND WATER RIGHTS
APN 357-19=099
21837 Oakview Lane
Evan Lau, hereinnfte~' referred to ns the "GRANTOR", this -~r'~.~. day
of ..~t~.0_ , 19~ hereby grant, bargain, assign, convey, remise, release and
forever quitclaim unto the CITY OF CUPERTINO, a municipal corporation, hereinafter
referred to as the "GRANTEE", its successors and nssi.~c,n.~, all the right, title, interest,
estate, claim and demand, both at law and in equity, and as well in possession as in
expectancy of the GRANTOR ns owner of Lot 12, of that certain subdivision of real
property situate in the Country of Santa Clara, State of California, and specifically
described in the map thereof filed in the Office of the County Recorder of the County of
Santa Clara on the 8th day of February, 19~5 in Book 54 of Maps at Page 31, to pump,
take or otherwise extract water from the underground basin or any underground strata in
the Santa Clara Valley for beneficial use upon the lands overlying said underground
basin, and GRANTOR hereby irrevocably authorized GRANTEE, its successors and
assigns, on behalf of the GRANTOR and its ~uccessors in ownership or overlying lands
in the said lots to take from said underground basin within the said lots any and all water
which the owner or owner~ of said overlying lands may be entitled to take for beneficial
use on said lands and to supply such water to such owner or owners or others as a public
utility; provided, however, that nothing contained in this instrument shall be deemed to
authorize GRANTEE to enter upon any of the lots delineated upon the above described
map or to authorize GRANTEE to make any withdrawal of water which will result in
damage to any building or structure erected upon said lots.
Page 1 of 2
~' C,=.
This assignment, conveyance and authorization is made for the benefit of Lot 12,
within the above described subdivision and shall bind the owner of said lots within said
subdivision.
IN WITNESS WHEREOF, GRANTOR has executed this instrument the day and
year first above written. - .
Evan Lau
(Acknowledgement and Notarial Seal Attached)
Page 2 of 2
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
" befor~ .... ·
I --.
, ,, ~mo ly appeared t~,"
~ ~monally known to me - OR - ~ p~s,~a to me on the basis of satisfa~o~ evidence to be the pemon~
whose name~) i~ sub~dbed to the within instmmen' t
and acknowledged to me that he/~he~ executed the ~.;
same in hi.er/their authorized capaci~and that b~ ~,;
hi~ signatur~ the instrument the ~mo~. ~.
~.-..,.,,,,,,,,-,,,,,m..~..,~.., .............. . x~t
or the entity upon behalf of which the pers~s) acted, ~;-,
~~ PATEICIA A. CYEST~ ~ e rument. .,'
~ {~T ¢OMM ~ 1130152
~ ~~' NOTARYPUIUC--~N. ~
~ %~~ COUN. OF ~TA ~ I ~ITNESS my h~nd and official seal. . ;'.
OPTIONAL
~ ~ in~ ~w ~ ~t ~ui~ by la~ it ~y pm~ valuate ~ ~s ~ ~ ~ d~ument a~ ~ pm~t
~ ~t ~val a~ ~~nt of ~ fo~ ~ a~t~r ~nt.
,~ Description of A~ched ~cument ~~ ~ ~~~ ~~
~ ~le or T~ of D : { ~ ~
~ D~ument Date: , ,r of Pages: ~
Signe~s) ~her Tha~amed Above: ~ ~/ }~'~
CapaciW(ies) Claim~ by Signer(s) {,.~.':
Signer's Name: Signer's Name:
D IndMdual .. ~ Individual
D Co~mte Offi~r ~ Co~mte ~icer
~e(s): ~.e(s): " ["
t~ ~ Pa~er ~ ~ Limit~ ~ General ~ Pa~ner ~ ~ Limited ~ General ~:~{
~ D AEomey-in-Fa~ ~ AEomey-in-Fa~
~ ~ Tmst~ ~ Trustee
~ D Gua~ian or Con~wator ~ D Gua~ian or Con~wator
~ ~e~ Top ~ ~umb ~m ~ ~her: T~ ~ ~b
~ Signer Is Representing: Signer Is Representing:
~ ........ ~- - ~ ~ - - ,~ ~~?~-z,-~....: .. ..... ~. ::~=~.-.,.>...:...
.. :~-. ....... ~., ..
RESOLUTION NO. 99-171
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
ACCEPTING QUITCLAIM DEED AND AUTHORIZATION FOR
UNDERGROUND WATER RIGHTS FROM PHILIPPE DOR AND ANNE DOR,
LOCATED AT BALBOA ROAD ~ STEVENS CANYON ROAD,
APN 342-18-036
WHEREAS, Philippe Dor and Anne Dor, have executed a "Quitclaim Deed and
Authorization", which is in good and sufficient form, quitclaiming their rights in and
authorizing thc City of Cupertino, County of Santa Clara, State of California, to extract
water from the underground basin, underlying that certain real property situate in the City
of Cupertino, more particularly described as follows:
All that certain real property situate in the City of Cupertino, County of
Santa Clara, State of California, as shown and delineated on the attached
Exhibits "A" and "B".
IT IS FURTHER RESOLVED that the City Clerk is hereby authorized to record
- said "Quitclaim Deed and Authorization" and this resolution.
PASSED AND ADOPTED at a regular meeting of thc City Council of thc City of
Cupertino this 21= day of June, 1999, by the following vote:
Vote Memb~'s o_._f the City Council
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST: APPROVED:
City Clerk Mayor, City of Cupertino
QUITCLAIM DEED AND AUTHORIZATION
FOR UNDERGROUND WATER RIGHTS
APN 342-18-036
Balboa Road
Philippe Dor and Anne Dor, hereinafter referred to as the "GRANTOR', this ~) day of
199~., hereby grant, bargain, assign, convey, remise, release and forever quitclaim unto the
CITY OF CUPERTINO, a municipal corporation, hereinafter referred to as the
"GRANTEE", its successors and assigns, all the right, title, interest, estate, claim and
demand, both at law and in equity, and as well in possession as in expectancy of the
GRANTOR as owner of that certain real property situate in the County of Santa Clara, State
of California, and specifically described as follows:
SEE ATTACHED EXHIBIT "A" & "B"
to pump, take or otherwise extract water from the underground basin or any underground
strata in the Santa Clara Valley for beneficial use upon the lands overlying said underground
basin, and GRANTOR hereby irrevocably authorized GRANTEE, its successors and assigns,
on behalf of the GRANTOR and its successors in ownership or overlying lands in the said
lots to take from said underground basin within the said lots any and ail water which the
owner or owners of said overlying lands may be entitled to take for beneficial use on said
lands and to supply such water to such owner or owners or others as a public utility;
provided, however, that nothing contained in this instrument shall be deemed to authorize
GRANTEE to enter upon any of the lots delineated upon the above described map or to
authorize GRANTEE to make any withdrawal of water which will result in damage to any
building or structure erected upon said lots.
This assignment, conveyance and authorization is made for the benefit of lots within the
above described plat and description and shall bind the owner of said lots within said plat and
description.
IN WITNESS WHEREOF, GRANTOR has executed this instrument the day and year first
above written.
Philipp~'''~
Anne Dor
(Acknowledgment and Notarial Seal Attached)
,EXHIBIT A
(DEDICATION OF UNDERGROUND WATER RIGHTS)
All of that certain property situate in the City of Cupertino, Santa Clara County,
California described as follows:
BEGINNING at the most Easterly corner of Section 16 as shown on that certain Map
entitled 'Map of 9~ Addition Monta Vista" filed for record in Book 'P" of Maps at page
16 Santa Clam County records said point also being in the Westerly line of Stevens
Canyon Road as shown on said Map; thence along said Westerly line N20°30'00"W
98.71 feet; thence leaving said Westerly line and proceeding S32°20'00"W 28.20 feet;
thence S58°09'00"W 221.90 feet; thence S89°58'17"W 96.62 feet; thence
N16°54'01'E .50.00 feet; thence S73°05'59'W 37.00 feet; thence S67°28'00"W 76.50
feet; thence S34°03'08'W 35.42 feet; thence S89°58'17'W 32.15 feet; thence
S21°00'00"W 185.68 feet to a point in the Northerly line of Balboa Road; thence along
said Northerly line the following six courses: S78°00'00"E-50.84 feet, S56°57'00"E
103.00 feet, S80°35'00"E 61.65 feet, N66°40'00'E 183.52 feet, N63°11'00'E 128.88
feet and N41°53'00'E 75.00 feet to a point in the above mentioned Westerly line of
Stevens Canyon Road; thence along said Westerly line N7°14'00'E 113.00 feet to the
point of BEGINNING.
Containing 1.65 acres mom or less and consiSting of all Sections 7, 8,8A, 9, 9A, 14
and 15 and a portion of Sections 6, 11, 13, 16 and 17 as shown on the above
mentioned Map.
~docs\dor-h2o. doc
PLAT TO ACCOMPANY
'~=:XHIBIT A FOR THE
o~,~^~ ~ ~XHIBIT B'
UNDERGROUND WATER RIGHTS
CUPERTINO, CA
SCA/E:: 1"=100"
$89'58'17"W
32.15'
s?o~o'oo"~ ... S~?o'o.o"w
~o.~,r "~ ~.~. s3~'o3'os"w
35.4.2'
~ N16'54.'Ol'E: o.'~,~
50:00'
S73'05"59'W
,37.00'
S80'35'00'E.~
61.65' -- X,
ALL-PURPOSE ACKNOWLEDGMENT
· personally appe~re~) '~]r~i[iiO[~--.- ~)Or 6LflC.~
~ personally known to me -OR- ~ proved to me on the basis of satisfactory
' evidence to ~ the person(s) whose name(s)
is/~e subscribed to the within instrument and
ac~owledged to me ~at hWshWthey ex~uted
the same in his/her/their authorized
capacity(ies), and that by his/her/their
~'~~ ~Q~~~ ~ :~... ~ tlaalal:~ C BE~iNCOu~I~'~2~['~ ~~_K orSignature(s) on the instrument the person(s), ~the entity upon behalf of which the
person(s) acted, executed the inswument.
WlT~SS my hand and official seal. ~ ~~'~
~ informfion ~low i~ not ~quir~ b~ law. How,vet, it ~uld p~vent fraudulent aUachmem of ~is ac~owl-
~dg~nt to ~ nnan~ofi~ d~um~nt.
~AC~ C~D BY SIG~R (P~CIPAL} DESCRI~ION OF A~ACHED DOC~E~
~ ~D~UAL
~ ~R~RATE O~CER
TITLE OR TYPE OF D~UMENT
T~S)
~ PAR~ER(S) NUMBER OF PAG~
~ A~ORN~-IN-FA~
OT~ER
' RIGHT THUMBPRINT
SIGNER IS REPRESENTING: OF
NA~ Op ~Ncs) OR n~(l~) SIGNER
APA $/97 VALLEY-SIERRA, 800-362-3369
RESOLUTION NO. 99-172
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
ACCEPTING QUITCLAIM DEED AND AUTHORIZATION FOR
UNDERGROUND WATER RIGHTS FROM WEI ]AO CHYU AND
lIEN MEEI CHYU; 10423 BYRNE AVENUE, APN 357-12-034
WHEREAS, FROM Wei Sao Chyu and Jien Meei Chyu, have executed a
"Quitclaim Deed and Authorization", which is in good and sufficient form, quitclaiming
their fights in and authorizing the City of Cupertino, County of Santa Clara, State of
California, to extract water from the underground basin, underlying that certain real
property situate in the City of Cupertino, more particularly described as follows:
All that certain real property situate in the City of Cupertino, County of
Santa Clara, State of California, as shown and delineated on the attached
Exhibits "A" and "B".
IT IS FURTHER RESOLVED that the City Clerk is hereby authorized to record
_. said "Quitclaim Deed and Authorization" and this resolution.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of
Cupertino this 21= day of June, 1999, by the following vote:
Vote Members o.__f~ City Council
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST: APPROVED:
City Clerk Mayor, City of Cupertino
!
QUITCLAIM DEED AND AUTHORIZATION
FOR UNDERGROUND WATER RIGHTS
APN 357-12-034
10423 Byrne Avenue
Wei Jao Chyu and Jien Meei Chyu, hereinafter referred to as the "GRANTOR.', this I ~' day
of ~o] 199.~, hereby grant, bargain, assign, convey, remise, release and forever quitclaim
!
unto the CITY OF CUPERTINO, a municipal corporation, hereinafter referred to as the
"GRANTEE", its successors and assigns, all the fight, title, interest, estate, claim and
demand, both at law and in equity, and as well in possession as in expectancy of the
GRANTOR as owner of that certain real property situate in the County of Santa Clara, State
of California, and specifically described as follows:
SEE ATTACHED EXHIBIT "A" & "B"
to pump, take or otherwise extract water from the underground basin or any underground
strata in the Santa Clara Valley for beneficial use upon the lands overlying said underground
basin, and GRANTOR hereby irrevocably authorized/3RANTEE, its successors and assigns,
on behalf of the GRANTOR and its successors in ownership or overlying lands in the sitid
lots to take from said underground basin within the said lots any and all water which the
owner or owners of said overlying lands may be entitled to take for beneficial use on said
lands and to supply such water to such owner or owners or others as a public utility;
provided, however, that nothing contained in this instrtunent shall be deemed to authorize
GRANTEE to enter upon any of the lots delineated upon the above described map or to
authorize GRANTEE to make any withdrawal of water which will result in damage to any .
building or structure erected upon said lots. ...
This assignment, conveyance and authorization is made for the benefit of lots within the
above described plat and description and shall bind the owner of said lots within said plat and
description.
IN wITNEsS WHEREOF, GRANTOR has executed this instnnnem the day and year first
above written.
Wei Jao Chyu
(Acknowledgment and Notarial Seal Attached)
"E,XHIBIT A"
QUITCLAIM OF UNDERGROUND WATER RIGHTS
All that certain real property situate in the County of Santa Clara, State of California, more
particularly described as follows:
Beginning at the point on the Southeast comer of Lot 9, also the Westerly line of Byme Avenue
as shown on Tract 139 Stevens Creek Subdivision Map No. 1, recorded on May 27, 1940 in
Book 4 of Maps, Page 43, in the Office of the Recorder of the County of Santa. Clara; thence
running with Southerly boundary line of said Lot, West 120.00 feet to a point in the Westerly
boundary line of said Lot;
Thence running with the said Westerly boundary line North 60.00 feet to a point of the Northerly
boundary line of said Lot;
Thence running with said Northerly boundary line East 120.00 feet to a point in the Westerly line
of Bryne Avenue;,
Thence running with said Westerly line of Byme Avenue, South 60.00 feet to the Point of
Beginning.
Containing: 7200 square feet, more or less.
0.165 acre, more or less
A. P. N.: 357 - 12 - 034.
CALIFORNIA Al ! -PURPOSE ACKNOWLEDGMENT
st,too, ,,-
...,. ~ ,,,- ,-',,, ,, -,=, ,,~. -/-, ~ ~
, ~,, 1:3 personally known to me- OR - I:] proved to me on the basis of satisfactory evidence to be the person(s)
.... ¥~ho.e name(s) ia/am subscribed to the within instmmant
f .... and aclmowledged to me mat ha/she/mW executed the
·, .ama in his/her/~alr authorized capacity(les), and llmt 131/
hls/her/lheir aignature(s) on the instrument the per. on(s), .~.
..... : or the entity upon behalf of which the person(s) acted.
· ,~ ....... ,~ ..... '"' exa~ the inatmment.
· ~ ~~ Virginia Van Vactor ~
~~- Comm. #1072413 j~ ~'J~S my hand and official seal. :
I ~~TARY PUmLIC CALIFORNIA~,~ .
~ ~-'~r~--mlJl~/.~' City & Cllunly ol San Fr~CiSl:~ U .'
"'j ~ Comm. Exp. Sel~t. 21.1999 ~ '
' ' OPTIONAL
Description of Attached Document,
'~"} Ti.e or Type of t~ocume~
~ Document Date: ! /? ? ? Number of P~ges:._ .
. .,....¥ ~,.,':.; ...
~ .. Signer(e) OtherThan Named Above: :..' .. .:,-,....
·
Capacity(les) Claimed by Signer(s) "
~ -
! Signer's Name: Signer's Name: ""
E3 Individual E3 Individual
~, [] Co~,,,~ OIIlcer E3 Coq:~orate Officer
Title(e): 'Title(e):
?,~ rn Partner--E3 Limited I:3 General [3 Partner--[] Limited I:3 General
~ [] AUo,,,;y-in.~':act '"' E3 ^ttomey4n-~=act
E3 Tnmtae [] Tl'usme'
J RIGHT TH'0'L~ HIC_~IT ~HUI','~L~PRIN I
,,< E3 Guardian or Cormervator o~.~J~ C:] Gum'dlan or Conservator o~ ~,~
.?~i.~'..-.-.'.
~...'.-.~; ... . -' .....:..; ...
..........:~..;,.'.:..,
.~..~. ::..,~ ~ '~.
~.~-..;.: ... :~,... ~:~. ::....:::'.'..~¥-.
·-".'...?.: ~..% ,~,..,.,~, ,-.;...
~ 81gner I. Fla;,,~.~,tl~,.. '..::.:. :i~./- '. Signer Is Representing: '.-'.:'~,~
-... :: ..... ~':,~_~. ·
~,. '~:!: ......
RESOLUTION NO. 99-173
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
ACCEPTING QUITCLAIM DEED AND AUTHORIZATION FOR
UNDERGROUND WATER RIGHTS STEVEN A. FONDARIO AND IULIE
FONDARIO; 10315 ORANGE AVENUE, APN 357-15-059
WHEREAS, FROM Steven A. Fondario and Julie Fondario, have executed a
"Quitclaim Deed and Authorization", which is in good and sufficient form, quitclaiming
all (his) their fights in and authorizing the City of Cupertino, County of Santa Clara, State
of California, to extract water from the underground basin, underlying that certain real
property situate in the City of Cupertino, more particularly described as follows:
All that certain real property situate in the City of Cupertino, County of
Santa Clara, State of California, as shown and delineated on that certain
map filed in the Office of County Recorder of the County of Santa Clara
on the 11th day of April, 1917, in Volume P of Maps at Page 20.
IT IS FURTHER RESOLVED that the City Clerk is hereby authorized to record
said "Quitclaim Deed and Authorization" and this resolution.
PASSED AND ADOPTED at a regular meeting of thc City Council of the City of
Cupertino this 21= day of June, 1999, by the following vote:
Vote Members of the City Council
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST: APPROVED:
City Clerk Mayor, City of Cupertino
QUITCLAIM DEED AND AUTHORIZATION
FOR UNDERGROUND WATER RIGHTS
APN 357-15-059
10315 Ornnge Avenue
Steven A. Fondario and Julie Fondario, hereinafter referred to as the "GRANTOR",
this /2 - day of ~ , 19._.~, hereby grant, bargain, assign, convey,
remise, release and forever quitclaim unto the CITY OF CUPERTINO, a municipal
corporation, hereinafter referred to as the "GRANTEE", its successors and assigns, all the
right, title, interest, estate, claim and demand, both at law and in equity, and as well in
possession as in expectancy of the GRANTOR as owner of Section 114, of that certain
subdivision of real property situate in the Country of Santa Clara, State of California, and
specifically described in the map thereof filed in the Office of the County Recorder of the
County of Santa Clara on the 11th day of April, 1917 in Volume P of Maps at Page 20,
to pump, take or otherwise extrn~ water from the underground basin or any underground
strata in the Santa Clara Valley for beneficial use upon the lands overlying said
underground basin, and ORANTOR hereby irrevocably authorized GRANTEE, its
successors and assigns, on behalf of the GRANTOR and i~ successors in ownership or
overlying lands in the said lots to take from said underground basin within the said lots
any and ail water which the owner or owners of said overlying lands may be entitled to
take for beneficial use on said lands and to supply such water to such owner or owners or
others as a public utility; provided, however, that nothing contained in this instrument
shall be deemed to authorize GRANTEE to enter upon any of the lots delineated upon the
above described map or to authorize GRANTEE to make any withdrawal of water which
will result in damage to any building or structure erected upon said lots.
Page I of 2
This assignment, conveyance and authorization is made for the benefit of Section
114, within the above described subdivision and shall bind the owner of said lots within
said subdivision.
IN WITNESS WHEREOF, GRANTOR has executed this instrument the day and
year first above written.
Pag~ 2 of 2
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of Califomia
County of Santa Clare
On May 13, 1999, before, me, Roberta Ann Wolfe, Notary Public, personally appeared Steven A.
Fondario, proved to me on the basis of satisfactory
evidence to be the person whose name is subscribed
to the within instrument and acknowledged to me that
he executed the same in his authorized capacity and
~,~~~~~ that by his signature on the instrument the person, or
.~ ~"_'_'~.,~. ROBERTAANNW_O[.?E ~ the entity upon behalf of which the person acted,
,--" 4~"_~, Comm. Nm. 11477a9, > executed the instrument.
0 ;~:~ NOTARY P'dBLIC- CALIFORNIA 0')
~ ~ Ju~ ~. 20m . $ my hand and official seal.
Rdberta Ann Wolfe, Notary Public
OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the
document and could prevent fraudulent reattachment of this form.
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATrACHED DOCUMENT
r'IlNDIVIDUAL
i-lCORPORATE OFFICER
Quitclaim Deed and Authorization
TITLE OR TYPE OF DOCUMENT
E:]PARTNERS [:]LIMITED
EIGENERAL
ATTORNEY-IN-FACT
1:3TRUSTEE(S)
r~GUARDIANICONSERVATOR Two
1:3OTHER NUMBER OF PAGES
May 13, 1999
SIGNER IS REPRESENTING: DATE OF DOCUMENT
NAME OF PERSON OR ENTITY:
Self
Julie Fondario
SIGNER(S) OTHER THAN NAMED ABOVE
'~ \LIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
County of Santa Clam
On May 13, 1999, before, me, Roberta Ann Wolfe, Notary Public, personally appeared Julie
Fondario, proved to me on the basis of satisfactory
evidence to be the person whose name is subscribed
to the within instrument and acknowledged to me that
she executed the same in her authorized capacity
~AN ~4W~~~> and that by her signature on the instrument the
person, or the entity upon behalf of which the person
,.~ ~.;~.,~.~.-~j'] NOTARY PUBLIC-CNJFORN~A U~ acted, executed the instrument;
R~ My Commission Expires "~
~_~_~ SS my hand and official seal.
Rob , Notary Public
OPTIONAL
Though the data below is'not required by law, it may prove valuable to persons relying on the
document and could prevent fraudulent reattachment of this form.
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT
[:]INDIVIDUAL
I'ICORPORATE OFFICER
Quitclaim Deed
TITLE OR TYPE OF DOCUMENT
EiPARTNERS DLIMITED,
EIGENERAL
A'I'rORNEY-IN-FACT
DTRUSTEE(S)
EIG UARDIAN/CONSERVATOR Two
r~OTHER NUMBER OF PAGES
May 13, 1999
SIGNER IS REPRESENTING: DATE OF DOCUMENT
NAME OF PERSON OR ENTITY:
Self
~_ Steven Fondado
SIGNER(S) OTHER THAN NAMED ABOVE
RESOLUTION NO. 99-174
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
ACCEPTING IRREVOCABLE OFFER TO DEDICATE PROPERTY FOR
ROADWAY PURPOSES FROM PHILIPPE DOR AND ANNE DOR,
LOCATED AT BALBOA ROAD AT STEVENS CANYON ROAD,
APN 342-18-036
WHEREAS, Philippe Dor and Anne Dor, as a condition of their building permit, are
required to grant to the City an irrevocable offer of dedication for future roadway purposes, if
and when the need arises in the future; and
WHEREAS, Philippe Dor and Anne Dor have executed an Irrevocable Offer of
Dedication for Roadway Purposes to fulfill the conditions of the use permit; and
WHEREAS, the plat and description attached to the grant fully delineates the right-of-
way which may be required for future roadway purposes.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Cupertino
hereby accepts the Irrevocable Offer of Dedication for Roadway Purposes and authorizes the
City Clerk to have said grant recorded.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of
Cupertino this 21~ day of June, 1999, by the following vote:
Vote Members of the City Council
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST: APPROVED:
City Clerk Mayor, City of Cupertino
IRREVOCABLE OFFER OF DEDICATION
FOR ROADWAY PURPOSES
APN 342-18-036
Balboa Road
Philippe Dor and Anne Dor, grant(s) to the CITY OF CUPERTINO for public roadway
purposes, together with the right to construct, repair, operate, and maintain any and ail public
utilities and improvements which shall be or become necessary for preservation of the public
safety, welfare or convenience, the hereinafter described property which is situated in the City of
Cupertino, County of Santa Clara, State of California, and as described as follows:
(See Exhibit "A". & "B")
IN WITNESS WHEREOF, executed this ~,~ day of [~lXJ ,199L.
Owllel~-'
Anne Dor
(Notary acknowledgment to be attached)
EXHIBIT A
All of that certain property situate in Cupertino, California described as follows:
BEGINNING at an angle point in the Northerly line of Balboa Road as said mad is
shown on the map entitled 'Map of 9~ Addition Monta Vista' as recorded in Volume P
of Maps at page 16, Santa Clara County records, said angle point also being on the
Southerly line of Section 6 as shown on said Map and bears N56°57'W 38.00 feet
from the Southeasterly comer of said Section 6; thence along said Northerly line of
Balboa Road N78°00'W 67.48 feet; thence leaving said Northerly line and continuing
S12°00'W 40.00 feet to a point in the Southerly line of said Balboa Road; thence along
said Southerly line the following courses and distances: S78°00'E 60.07 feet,
S56°57'E 103.94 feet, S80°35'E 81.77 feet, N66°40'E 196.49 feet and N63°11'E 41.11
feet; thence leaving said Southerly line and continuing along a non-tangent curve to
the left with an initial tangent beadng N50°09'08'W,'a radius of 250.00 feet, an internal
angle of 43°38'03' and a length of 190.39 feet to a point of tangency; thence
N6°31'06'E 120.16 feet; thence along a tangent curve to the dght with a radius of
15.00 feet, an internal angle of 44°31'10- and a 'length of 11.66 feet to a point on the
Westerly line of Stevens Canyon Road' (also shown as San Jose Road on the
aforementioned map); thence along said Westerly line N20°30'W 46.27 feet; thence
leaving said Westerly line and continuing S32'20'W 28.20 feet; thence S58°09'W 8.77
feet; thence along a non-tangent curve to the. left with an initial tangent beadng
S28'51'45'W, a radius of 55.00 feet, an' internal angle of 22'20'39' and a length of
21.45 feet to a point of tangency; thence S6°31'06'W 120.16 feet; thence along a
tangent curve to the dght with a radius of 210.00 feet, an internal angle of 42'26'28'
and a length of 155.55 feet to a point on the aforementioned Northerly line of Balboa
Road; thence along said Northerly line the following courses and distances: S63°1 I'W
35.12 feet, S66°40'W 183.52 feet, N80°35'W 61.65 feet and N56°57'W 103.00 feet to
the point of BEGINNING.
Containing' 31,473 square feet mora or less and consisting of a portion of the above
mentioned Balboa Road and Sections 14, 15 16 and 17A as shown on the above
mentioned Map.
ALL-PURPOSE ACKNOWLEDGMENT
v
State of Calilbrnia
Countyof ~a~ C(~& ss.
SIG~K(S)
ac~owledged to me ~at h~sh~ey ex~uted
the same in his/her/their authorized
capacity(ies), and that by his/her/their
................... ~¢ .... s~gnature(s) on the ~ns~ment the person(s),
~~ C0~ 1~180481 ~ or the entity upon behalf of which the
~ NOTARY ~C C~IFORNIA . .....
.~ .... -._.._._ pelonis) actea, executea the inswument.
~ ~ ~C~.Ex~O, 2~2 ~
' WIT~SS my hand and official sc~.
N~AKY'S SIGNATURE
O~IO~ ~O~~O~
~ informfion ~low i~ not ~quir~ by law. However, it ~uld p~vent fraudulent attachment o~ ~is ac~owl-
~g~nt to ~ unau~ofi~ ~u~nt .
~PIC~ C~D BY SlG~R (PR~CIPAL) DE~CRI~ON OF A~ACHE9 9OC~
Tl~ OR TYP~ OF D~UMHNT
T~S) .
P~R~(s) N~B~R
~ A~ORN~-IN-F~
GUARD~ONS~VATOR
~ OTHER:
~ER
RIGHT THUMBPRINT
8iG~R
APA 5/97 VALLEY-SIERRA, 800-362-3369
RESOLUTION NO. 99-175
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
AUTHORIZING EXECUTION OF IMPROVEMENT AGREEMENT
BETWEEN THE CITY AND DEVELOPER RODGER WOOLEY AND
RONAMAE WOOLEY; 11593 UPLAND WAY, APN 366-03-009
WHEREAS, there has been presented to the City Council a proposed improvement
agreement between the City of Cupertino and developer, Rodger and Ronamae Wooley, for the
installation of certain municipal improvements at 11593 Upland Way and said agreement having
been approved by the City Attorney, and Developer having paid the fees as outlined in the
attached Exhibit A;
NOW, THEREFORE, BE IT RESOLVED THAT the Mayor and the City Clerk are
hereby authorized to sign the aforementioned agreement on behalf of the City of Cupertino.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of
Cupertino this 21'~ day of June, 1999, by the following vote:
Vote Members o._fth~e City Council
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST: APPROVED:
City Clerk Mayor, City of Cupertino
Resolution No. 99-175
Page 2
EXI-HBIT "A"
SCHEDULE OF BOND, FEES, AND DEPOSITS
" DEVELOPMENT: Single Family Home
Rodger and Ronamae Wooley
LOCATION: 11593 Upland Way, APN 366-03-009
A. Faithful Performance Bond: Off-site: $ 54,000.00
On-site: $16,000.00
FIFTY-FOUR THOUSAND AND 00/100 DOLLARS
B. Labor and Material Bond: $ 54,000.00
FIFTY-FOUR THOUSAND AND 00/100 DOLLARS
C. Checking and Inspection Fees: $ 1,756.00
ONE THOUSAND SEVEN HUNDRED FIFTY-SIX AND 00/100 DOLLARS
D. Indirect City Expenses: N/A
E. Development Maintenance Deposit: PAID
F. Storm Drainage Fee: Basin #3 PAID
G. One Year Power Cost: PAID
H. Street Trees: By Developer
I. Map Checking Fee: $ 38.00
THIRTY-EIGHT AND 00/100 DOLLARS
J. Park Fee: PAID
K. Water Main Reimbursement: N/A
L. Maps and/or Improvement Plans: As specified in
Item #23 of agreement ..
RESOLUTION NO. 99-176
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
AUTHORIZING EXECUTION OF IMPROVEMENT AGKEEMENT
BETWEEN THE CITY AND DEVELOPER WEI JAO CHYU AND JIEN MEEI CHYU;
10423 BYRNE AVENUE, APN 357-12-034
WHEREAS, there has been presented to the City Council a proposed improvement
agreement between the City of Cupertino and developer, Wei Jao Chyu and Jien Meei Chyu, for
the installation of certain municipal improvements at 10423 Byrn¢ Avenue and said agreement
having been approved by the City Attorney, and Developer having paid the fees as outlined in
the attached Exhibit A;
NOW, THEREFORE, BE IT RESOLVED THAT the Mayor and the City Clerk are
hereby authorized to sign the aforementioned agreement on behalf of the City of Cupertino.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of
Cupertino this 21't day of June, 1999, by the following vote:
Vote Members o__f the Cit~ Council
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST: APPROVED:
City Clerk Mayor, City of Cupertino
Resolution No. 99-176
Page 2
EXHIBIT "A"
SCHEDULE OF BOND, FEES, AND DEPOSITS
DEVELOPMENT: Single Family Home
Wei Jao Chyu and Jien Meei Chyu
LOCATION: 10423 Byrne Avenue, APN 357-12-034
A. Faithful Performance Bond: Off-site: $ 9,250.00
On-site: $ 9,250.00
NINE THOUSAND TWO HUNDRED FIFTY AND 00/100 DOLLARS "
B. Labor and Material Bond: $ 9,250.00
NINE THOUSAND TWO HLrNDRED FIFTY AND 00/100 DOLLARS
C. Checking and Inspection Fees: $1,975.00
ONE THOUSAND NINE HUNDRED SEVENTY-FIVE AND 00/100 DOLLARS
D. Indirect City Expenses: N/A
E. Development Maintenance Deposit: $1,000.00
ONE THOUSAND AND 00/100 DOLLARS
F. Storm Drainage Fee: $ 207.00
TWO HUNDRED SEVEN AND 00/100 DOLLARS
G. One Year Power Cost: N/A
H. Street Trees: By Developer
I. Map Checking Fee: N/A
J. Park Fee: N/A
K. Water Main Reimbursement: N/A
· L. Maps and/or Improvement Plans: As specified in ..
Item//23 of agreement' '"-
RESOLUTION NO. 99-177
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
AUTHORIZING EXECUTION OF IMPROVEMENT AGREEMENT
BETWEEN THE CITY AND DEVELOPER STEVEN A. FONDARIO AND
JULIE FONDARIO; 10315 ORANGE AVENUE, APN 357-15-059
WHEREAS, there has been presented to the City Council a proposed improvement
agreement between the City of Cupertino and developer, Steven A. Fondario and Julie Fondario,
for the installation of certain municipal improvements at 10315 Orange Avenue and said
agreement having been approved by the City Attorney, and Developer having paid the fees as
outlined in the attached Exhibit A;
NOW, THEREFORE, BE IT RESOLVED THAT the Mayor and the City Clerk are
hereby authorized to sign the aforementioned agreement on behalf of the City of Cupertino.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of
Cupertino this 21st day of June, 1999, by the following vote:
Vote Members of the City Council
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST: APPROVED:
City Clerk Mayor, City of Cupertino
!
lOC..-
Resolution No. 99-177
Page 2
EXHIBIT "A"
SCHEDULE OF BOND, FEES, AND DEPOSITS
DEVELOPMENT: Single Family Home
Steven A. Fondario and Julie Fondario 10315 Orange Avenue
LOCATION: 10315 Orange Avenue
A. Faithful Performance Bond: $15,000.00
FIFTEEN THOUSAND AND 00/100 DOLLARS
B. Labor and Material Bond: $15,000.00
FIFTEEN THOUSAND AND 00/100 DOLLARS
C. Checking and Inspection Fees: $ 300.00
THREE HUNDRED AND 00/100 DOLLARS
D. Indirect City Expemes: N/A
E. Development Maintenance Doposit: $ 500.00
FIVE HUNDRED AND 00/100 DOLLARS
F. Storm Drainage Fee: N/A
G. One Year POwer Cost: N/A
H. Street Trees: By Developer
I. Map Checking Fee: N/A
J. Park Fee: N/A
K. Water Main Reimbursement: N/A
L. Maps and/or Improvement Plans: As specified in
Item//23 of agreement
RESOLUTION NO. 99-178
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
AUTHORIZING EXECUTION OF AGREEMENT
BETWEEN THE CITY AND DEVELOPER DEBLIN I LP, A CALIFORNIA
LIMITED PARTNERSHIP, 10840 BUBB ROAD, APN 362-02-027
WHEREAS, there has been presented to the City Council a proposed improvement
agreement between the City of Cupertino and developer, Deblin I LP, a California Limited
Partnership, for the installation of certain municipal improvements at 10840 Bubb Road, and said
agreement having been approved by the City Attorney, and Developer having paid the fees as
outlined in the attached Exhibit A;
NOW, THEREFORE, BE IT RESOLVED THAT the Mayor and the City Clerk are
hereby authorized to sign the aforementioned agreement on behalf of the City of Cupertino.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of
Cupertino this 21st day of June, 1999, by the following vote:
_ Vote Members of the City Council
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST: APPROVED:
City Clerk Mayor, City of Cupertino
Resolution No. 99-178
Page 2
EXHIBIT "A"
SCHEDULE OF BOND, FEES, AND DEPOSITS
SCHEDULE OF BONDS, FEES AND DEPOSITS
Street Improvement Category:
PART A. Faithful Performance Bond: Off-site: $32,215.00
110-2211 On-site: $35,500.00
PART B. Labor and Material Bond: $32,215.00
110-2211
PART C. Checking and Inspection Fee: $ 3,385.75
110-4538
PART D. Indirect City Expenses: N/A
PART E. Development Maintenance Deposit: $ 3,000.00
110-2211
PART F. Storm Drainage Fee: Basin 2 $ 942.00
Account #: 2154072
PART G. One Year Power Cost: n/a
110-4537
PART H. Street Trees: By Developer
PART I. Map Checking Fee: $ 432.00
110-4539
PART $. Park Fee: ZONE I $47,250.00
ACCT #: 280-4081
PART K. Water Main Reimbursement Fee: N/A
110-4554
PART L. Maps and/or Improvement Plans
... As Specified in Item #23
RESOLUTION NO. 99-179
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
ACCEPTING GRANT OF EASEMENT FOR ROADWAY PURPOSES FROM
STEVEN A. FONDARIO AND JULIE FONDARIO; 10315 ORANGE
AVENUE, APN 357-15-059
WHEREAS, Steven A. Fondario and Julie Fondario have executed a Grant of
Easement for Roadway Purposes which is in good and sufficient form, granting to the
City of Cupertino, County of Santa Clara, State of California, easement over certain real
property for roadway purposes, situate in the City of Cupertino, more particularly
described in Exhibit "A" and Exhibit "B", attached hereto and made a part hereof, which
is as follows:
All that certain real property situate in the City of Cupertino, County of Santa
Clara, State of California, located at 10315 Orange Avenue, APN 357-15-059.
NOW, THEREFORE, BE IT RESOLVED that the City of Cupertino accept said
grant so tendered; and
IT IS FURTHER RESOLVED that the City Clerk is hereby authorized to record
said grant and this resolution.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of
Cupertino this 21" day of June, 1999, by the following vote:
Vote Members o__f the City Council
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST: APPROVED:
City Clerk Mayor, City of Cupertino
GRANT OF EASEMENT
FOR ROADWAY PURPOSES
APN 357-15-059
10315 Orange Avenue
Steven A. Fondnrio and Julie Fondario, grant(s) to the CITY OF CUPERTINO for public
roadway purposes, Wgethcr with the fight to construct, repair, operate, and maintain any and all "
public utilities and improvements which shall be or become necessary for preservation of the
public safety, welfare or convenience, the hereinafter described pwperty which is situated in the
City of Cupertino, County of Santa Clara, State of California, and as described as follows:
(See Exhibit "A" & "B")
IN WITNESS WHEREOF, executed this/:/ day of ~? , 199 ~ .....
Steven A. Fondario
e Fonflario
(lqotary aeimowledgment to be attached).
STREET DEDICATION TO CITY OF CUPERTINO
10315 ORANGE AVENUE
FONDARIO RESIDENCE
A portion of Section 114 as shown on that certain map entitled
"Map of Subdivision "A", Monta Vista", filed for record April 11,
1917 in Volume P of Maps at Page 20, Official Records of Santa
Clara County, and being more particularly described as follows:
BEGINNING at the point of intersection of the centerline of San
Fernando Avenue (40 fdeet wide) with the westerly line of Orange
Avenue as shown on said map;
THENCE along said centerline of San Fernando Avenue West 100.22
feet;
THENCE along the westerly line of said Section 114 South 0°12'26''
West 25.00 feet;
THENCE leaving last said line East 75.15 feet;
THENCE along the arc of a curve to the right having a radius of
20.00 feet through a central angle of 90°12'26'' an arc length of
31.49 feet;
THENCE along a line parallel to the westerly line of said Orange
Avenue South 0°12'26'' West 24.93 feet;
THENCE leaving last said line EAST 5.00 feet to said westerly
line of Orange Avenue;
THENCE.along last said line North 0"12'26'' East 70.00 feet to the
POINT OF BEGINNING;
CONTAINING 2,817 square feet.
~ EXRIBIT B
,~'2,~ e,~t: r:~'~:~.,-,,.. STREET DEDICATION
~~..,, ~o~ o.^.~ Aw.u~
~ ~ ~ ~,~=,..~ ¥~ ~ CUPERTINO
~~~~" .............. ~c~.. ,'~'
i I X . ~1~i[ ENGINEERING LAND PLANNING
- DWN
........... LOS ALTOS, CALII'0~.NI, A 94022 '~[.~ ~'~60 ..J,/0
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
County of Santa Clare
On May 13, 1999, before, me, Roberta Ann Wolfe, Notary Public, personally appeared Steven A.
Fondario, proved to me on the basis of satisfactory
evidence to be the person whose name is subscribed
to the within instrument and acknowledged to me that
he executed the same in his authorized capacity and
that by his signature on the instrument the person, or
the entity upon behalf of which the person acted,
executed the instrument.
· -~ ROBERTAANNWOLFE
~-~~ ~orC~°~-_No. 1~477e9 .,. VV~IT,~SS my hand and official seal.
r-,*£-,~.,~.a~,~,~.~; PUBLIC. CA/.! ""-
OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the
document and could prevent fraudulent reattachment of this form.
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF An'ACHED DOCUMENT
[::]INDIVIDUAL
13CORPORATE OFFICER
Grant of Easement
TITLE OR TYPE OF DOCUMENT
[:]PARTNERS I:]LIMITED
DGENERAL
ATTORNEY-IN-FACT
[3TRUSTEE(S)
r'tG UARDIANICONSERVATOR Three
r'IOTHER NUMBER OF PAGES
May 13, 1999
SIGNER IS REPRESENTING: DATE OF DOCUMENT
NAME OF PERSON OR ENTITY:
Self
Julie Fo'ndario
,,,-- SIGNER(S) OTHER THAN NAMED ABOVE
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
County of Santa Clare
On May 13, 1999, before, me, Roberta Ann Wolfe, Notary Public, personally appeared Julie
Fondario, proved to me on the basis of satisfactory
evidence to be the person whose name is subscribed
to the within instrument and acknowledged to me that
she executed the same in her authorized capacity
~__-~_~.-.x..-,:,-~.,~.~-,x,,-~.~.~ and that by her signature on the instrument the
~ ~ ROBERTAANN WOL.I=E ~ person, or the entity upon behalf of which the person
~ ~,_~...~ Comm. No. 1147789 > acted, executed the instrument.
~ ~ July 21, 2001 ~ WT. ' "-SS my hand and official seal.
/Ro'oerta Ann Wolfe, Notary Public
OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the
document and could prevent fraudulent reattachment of this form.
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF A'I'rACHED DOCUMENT
r'IlNDIVIDUAL
DCORPORATE OFFICER
Grant of Easement
TITLE OR TYPE OF DOCUMENT
DPARTNERS I:::]LIMITED
r'IGENERAL
ATTORNEY-IN-FACT
r~TRUSTEE(S)
~G UARDIANICONSERVATOR Three
~OTHER NUMBER OF PAGES
May 13, 1999
SIGNER IS REPRESENTING: DATE OF DOCUMENT
NAME OF PERSON OR ENTITY:
Se~'
Steven Fondario
SIGNER(S) OTHER THAN NAMED ABOVE
RESOLUTION NO. 99-181
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
ACCEPTING GRANT OF EASEMENT FOR ROADWAY PURPOSES FROM
PHILIPPE DOR AND ANNE DOR, LOCATED AT BALBOA ROAD
AT STEVENS CANYON ROAD, APN 342-18-036
WHEREAS, Philippe Dor and Anne Dor have executed a Grant of Easement for
Roadway Purposes which is in good and sufficient form, granting to the City of
Cupertino, County of Santa Clara, State of California, easement over certain real property
for roadway purposes, situate in the City of Cupertino, more particularly described in
Exhibit "A" and Exhibit "B", attached hereto and made a part hereof, which is as follows:
All that certain real property situate in the City of Cupertino, County of Santa
Clara, State of California, located at Balboa Road ~ Stevens Canyon Road,
APN 342-18-036.
NOW, THEREFORE, BE IT RESOLVED that the City of Cupertino accept said
grant so tendered; and
IT IS FURTHER RESOLVED that the City Clerk is hereby authorized to record
said grant and this resolution.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of
Cupertino this 21*t day of June, 1999, by the following vote:
Vote Members of the City Council
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST: APPROVED:
City Clerk Mayor, City of Cupertino
GRANT OF EASEMENT
FOR ROADWAY PURPOSES
APN 342-18.036
Balboa Road
Philippe Der and Anne Der, grant(s) to the CITY OF CUPERTINO for public roadway
purposes, together with the right to construct, repair, operate, and maintain any and all public
utilities and improvements which shall be or become necessary for preservation of the public
safety, welfare or convenience, the hereinaRer described property which is situated in the City of
Cupertino, County of Santa Clara, State of California, and as described as follows:
(See Exhibit "A" & ';B")
IN WITNESS WHEREOF, executed this ~)day of ]~t~ , 199._~_.
Ownel~:
OVotary acknowledgment to be attached)
EXHIBIT A
(STEVENS CANYON ROAD DEDICATION)
All of that certain property situate in the City of Cupertino, Santa Clara County,
California described as follows:
BEGINNING at the most Easterly comer of Section 16 as shown on that certain Map
entitled 'Map of 94 Addition Monta Vista' filed for record in Book 'P" of Maps at page
16 Santa Clara County records said point also being in the Westerly line of Stevens
Canyon Road as shown on said Map; thence along said Westedy line N20°30'00'W
57.04 feet; thence leaving said Westerly line and proceeding S06°33'30'E 71.96 feet
to a point of tangency; thence along a curve to the right with a radius of 500.00 feet,
an internal angle of 18°21'07- and a length of 160.15 feet to a point of cusp in the
Northerly line of Balboa Road as shown on the above mentioned Map; thence along
said Northerly line N63°11°00'E 8.00 feet and N41°53'00'E 75.00 feet to a point in the
above mentioned Westerly line of Stevens Canyon Road; thence along said Westerly
line N7°14'00'E 113.00 feet to the point of BEGINNING.
Containing 4,919 square mora or less and consisting of a portion of Sections 15 and
16 as shown on the above mentioned Map.
~docs\dor-scr. doc
PL~T TO ACCOUPANY
EXHIBIT A FOR THE
o~o,~o, o~ .o~D EXHIBIT
RIGHT OF WAY FOR
STEVENS CANYON ROAD
CUPERTINO, CA SCALE: 1" = 100'
S89'58'17"W
S78'00'00"E $21~00'00"W
AREA TO BE DEDICATED
~4,919 SQ. FT.:t:
~ ~'9,0F E~/ow-'"~'
~ / N~. 2o60~
ALL-PURPOSE ACKNOWLEDGMENT
~ smNe~(s)
'i ~ personally known to me -OR- ~ proved to me on the basis of satisfactory
~ evidence to be the person(s) whose name(s)
[ . is/~ subscd~d to the within instrument and
{ ac~owledged to me that h~sh~they ex<uted
~ the same in his/her/their authorized
~ ... capacity(ies), and that by his/her/their
g ............. k' '~,~' ~ signatu~(s) on the instrument the person(s),
~ ~ U~HCN~UUfll
~ ~ ......... ~ or the entity upon behalf of which the
I ~~ ,o~ ~C-~'~ . person(s) acted, executed the instrument.
I
[ WIT~SS my hand and official seal.
N{~ARY'~ SIGNATUR~
; , O~ON~ mro~moN
U ~e ~for~fion ~low is not m~i~d by law. However, it ~uld prevent fraudulent flttach~nt of ~is ac~owl-
~ ~g~nt to ~ unau~ofized d~nt.
V ~AC~ C~D BY SIG~R (PR~CIPAL) DESCRI~ON OF A~ACHED DOC~E~
Tiffs)
APA 5/97 VALLEY-SIERRA, 800-362-3369
Ci~, Hall
]0300 Torr~ Avenue
~ Cupertino, CA 95014-3255
(408) 777-3354
Iv of FAX (408) 777-3333
Cupertino
PUBLIC WORKS DEPARTMENT
Summary
AGENDA ITEM / ~ AGENDA DATE June 21, 1999
SUBJECT AND ISSUE
Authorization to submit Applications for Transportation Fund for Clean Air
BACKGROUND
The Bay Area Air Quality Managemem District is soliciting projects to reduce air pollution for funding
under Transportation Fund for Clean Air for fiscal year 1999-2000. The proposed projects are:
· Bollinger Road Bicycle Facility Improvement---completion of bike lanes on Bollinger Road
between De Anza Boulevard and Lawrence Expressway. A joint project with City of San Jose.
· Wolfe Road Bicycle Facility Improvement--installation of bike lanes on Wolfe Road and
Homestead Road. Monies will supplement project funding.
· San Tomas Aquino-Saratoga Creek Bicycle Facility Improvement--installation of bike facility for
San Tomas Aquino-Saratoga Creek Trail, a regional trail. Monies will supplement project funding.
· De Anza Boulevard/Stevens Creek Boulevard/Wolfe Road Arterial Management development of
traffic responsive systems on these principal arterials near high technology corridors, De Anza
College, and Vallco Fashion park Mall. Monies will supplement project funding.
STAFF RECOMMENDATION
Staff recommends that the City Council adopt Resolution No. 99- [[). , authorizing submittal of
applications for Transportation Fund for Clean Air.
3irector of ~Public Works Ci~ Manager
/
Printed on Recycled Paper ~If.'~ ~'
RESOLUTION NO. 99-182
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO AUTHORIZING
THE SUBMITTAL OF APPLICATIONS TO THE BAY AREA AIR QUALITY MANAGEMENT
DISTRICT FOR FUNDS PURSUANT TO HEALTH AND SAFETY CODE SECTIONS 44225
AND 44241 FOR THE PURPOSE OF BOLLINGER ROAD BICYCLE FACILITY
IMPROVEMENT, WOLFE ROAD BICYCLE FACILITY IMPROVEMENT, SAN TOMAS
AQUINO-SARATOGA CREEK BICYCLE FACILITY IMPROVEMENT AND DE ANZA
BOULEVARD/STEVENS CREEK BOULEVARD/WOLFE ROAD ARTERIAL
MANAGEMENT AND AUTHORIZING THE IMPLEMENTATION OF SAME BY THE
DIRECTOR OF PUBLIC WORKS IF THE APPLICATIONS ARE APPROVED BY THE BAY
AREA AIR QUALITY MANAGEMENT DISTRICT BOARD OF DIRECTORS
WHEREAS, the City of Cupertino is a supporter of clean air and wishes to take action to
enhance air quality within the San Francisco Bay Area; and
WHEREAS, the City of Cupertino intends to submit funding applications to the Bay Area
Air Quality Management District for funds pursuant to Health and Safety Code Sections 44225 And
44241 and the Bollinger Road Bicycle Facility Improvement, Wolfe Road Bicycle Facility
Improvement, San Tomas Aquino-Saratoga Creek Bicycle Facility Improvement and De Anza
Boulevard/Stevens Creek Boulevard/Wolfe Road Arterial Management.
NOW, THEREFORE, BE IT RESOLVED:
1. That the Director of Public Works is authorized to submit such applications for the City of
Cupertino.
2. That the Director of Public Works is authorized to execute a funding agreement with the Bay
Area Air Quality Management District for the purpose of Bollinger Road Bicycle Facility
Improvement, Wolfe Road Bicycle Facility Improvement, San Tomas Aquino-Saratoga Creek
Bicycle Facility Improvement and De Anza Boulevard/Stevens Creek Boulevard/Wolfe Road
Arterial Management, if said applications are approved for funding by the Bay Area Air Quality
Management District Board of Directors, and to implement these projects.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino
this 21st day of June, 1999, by the following vote:
Vote Members of the City Council
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST: APPROVED:
City Clerk Mayor, City of Cupertino
- RESOLUTION NO. 99-183
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CUPERTINO CALLING FOR A GENERAL MUNICIPAL
ELECTION TO BE HELD ON NOVEMBER 2, 1999
WHEREAS, November 2, 1999, is the date set by law for general election for two
seats on the city council and any city measure(s); and
WHEREAS, the city clerk is enjoined by law to take all steps necessary for the
holding of said election;
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Cupertino:
1. That a general municipal election is called for November 2, 1999.
2. That the election shall be for the purpose of electing persons to the two city
council seats now occupied by incumbent council members Michael Chang and
-- Wally Dean.
3. The city clerk is hereby authorized and directed to certify to the adoption of this
resolution and to transmit a copy hereof so certified to the Registrar of Voters and
to the Board of Supervisors of Santa Clara County.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of
Cupertino this 21st day of June, 1999, by the following vote:
Vote Members of the City Council
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST: APPROVED:
City Clerk Mayor, City of Cupertino
-' RESOLUTION NO. 99-184
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CUPERTINO REQUESTING THE REGISTRAR OF VOTERS TO
CONDUCT THE NOVEMBER 2, 1999, ELECTION AND CANVASS
OF VOTES, AND REQUESTING CONSOLIDATION
WHEREAS, November 2, 1999, is the date set by law for general election for two
seats on the city council and any city measure(s); and
WHEREAS, the city council has called said election.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Cupertino:
1. That the City of Cupertino requests that the Registrar of Voters conduct the
election and canvass the returns of the election.
2. That the City of Cupertino requests, that said election be consolidated with other
November elections and that this governing body consents to such consolidation;
3. The city clerk is hereby authorized and directed to certify to the adoption of this
resolution and to transmit a copy hereof so certified to the Registrar of Voters and
to the Board of Supervisors of the County of Santa Clara.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of
Cupertino this 21st day of June, 1999, by the following vote:
Vote Members of the City Council
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST: APPROVED:
--. City Clerk Mayor, City of Cupertino
RESOLUTION NO. 99-185
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CUPERTINO DETERMINING CHARGES AND REGULATIONS FOR
CANDIDATE'S STATEMENT OF QUALIFICATIONS AND OTHER
MAILINGS IN CONNECTION WITH THE GENERAL MUNICIPAL
ELECTION OF NOVEMBER 2, 1999
WHEREAS, November 2, 1999, is the date set by law for general election for two seats
on the city council and any city measure(s); and
WHEREAS, the city clerk must provide each candidate, at the time of taking out of
official nomination papers, a written statement of charges and regulations connected with
candidate's Statement of Qualifications;
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Cupertino:
1. A statement may include the names, age, occupation and education of the candidate and a
brief description of no more than 200 words of the candidate's qualifications as expressed
by the candidate.
2. The candidate will not be charged for publication, mandatory translation and/or
distribution of Statements of Qualifications. The candidate will be charged for voluntary
translation. The statement, if filed, is to be filed at the time the candidate files
nomination papers.
3. The City of Cupertino will not provide for mailing of other material for candidates for
city council.
4. A copy of this resolution shall be given to each candidate for city council.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this
21st day of June, 1999, by the following vote:
Vote Members of the City Council
AYES:
NOES:
ABSENT:
ABSTAIN:
· -- ATTEST: APPROVED:
City Clerk Mayor, City of Cupertino
ORDINANCE NO. 1823
._-
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CUPERTINO ADDING A CHAPTER TO THE
CUPERTINO MUNICIP~ CODE TO
ADOPT CHAPTER 5 OF THE
1997 UNIFORM CODE FOR BUILDING CONSERVATION
THE CITY COUNCIL OF THE CITY OF CUPERTINO HEREBY ORDAINS that they
are adopting Chapter 5 of the 1997 Uniform Code for Building Conservation.
· Add new chapter for the adoption of the 1997 Uniform Code for Building Conservation,
Chapter 5, without amendment.
INTRODUCED at a regular meeting of the City Council of the City of Cupertino this 7th
day of June, 1999, and ENACTED at a regular meeting of the City Council of the City of
Cupertino this day of ,1999, by the following vote:
Vote Members of the City Council
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST: APPROVED:
City Clerk Mayor, City of Cupertino
ORDINANCE NO. 1824
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CUPERTINO AMENDING CHAPTER 16.04
OF THE CUPERTINO MUNICIPAL CODE AND ADOPTING THE
1997 EDITION OF THE UNIFORM BUILDING CODE
THE CITY COUNCIL OF THE CITY OF CUPERTINO HEREBY ORDAINS that they
are adopting the 1997 edition of the Uniform Building Code, and amending Chapter 16.04 of the
Cupertino Municipal Code as follows:
· Change index section 16.04.010 Adoption of Uniform Building Code, 1994. To, Adoption of
Uniform Building Code, 1997. Delete fi.om index sections 16.04.070, 16.04.090, 16.04.100,
and 16.04.120.
· Section 16.04.010, amend all 1994 dates to read 1997. Insert new paragraph D to read 1997
UBC Appendix Chapter 29, Minimum plumbing fixtures. Renumber existing paragraph D
and E. Add new paragraph G to read UBC Appendix Chpater 34, division III, Repairs to
buildings and structures damaged by the occurrence of a natural disaster.
· Delete section 16.04.070, 16.04.090, and 16.04.100.
· Change section 16.04.110 fi.om 1994 UBC 'section 2326.11.3, to 1997 UBC section
2320.11.3
· Delete section 16.04.120
INTRODUCED at a regular meeting of the City Council of the City of Cupertino this 7th
day of June, 1999, and ENACTED at a regular meeting of the City Council of the City of
Cupertino this day of ,1999, by the following vote:
Vote Members of the City Council
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST: APPROVED:
City Clerk Mayor, City of Cupertino
ORDINANCE NO. 1825
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CUPERTINO AMENDING CHAPTER 16.16
OF THE CUPERTINO MUNICIPAL CODE AND ADOPTING THE
1996 EDITION OF THE CALIFORNIA ELECTRICAL CODE
THE CITY COUNCIL OF THE CITY OF CUPRTINO HEREBY ORDAINS that they
are adopting the 1996 edition of the California Electrical Code, and Chapter 16.16 of the
Cupertino Municipal Code is amended as follows:
· Change index section 16.16.010, from 1993, to 1996. Delete section 16.16.060.
· Amend Section 16.16.010, and change all 1993 dates to 1996.
· Delete section 16.16.060
INTRODUCED at a regular meeting of the City Council of the City of Cupertino this 7th
day of June, 1999, and ENACTED at a regular meeting of the City Council of the City of
Cupertino this day of ,1999, by the following vote:
- Vote Members of the City Council
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST: APPROVED:
City Clerk Mayor, City of Cupertino
ORDINANCE NO. 1826
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CUPERTINO AMENDING CHAPTER 16.20
OF THE CUPERTINO MUNICIPAL CODE ADOPTING THE
1997 EDITION OF THE UNIFORM PLUMBING CODE
THE CITY COUNCIL OF THE CITY OF CUPERTINO HEREBY ORDAINS that they
are adopting the 1997 edition of the Uniform Plumbing Code, and Chapter 16.20 of the
Cupertino Municipal Code is amended a~ follows:
· Change section 16.20.010 and 16.20.020 from 1994 to1997
· Delete section 16.20.050, 16.20.60, and 16.20.070
· Change section 16.20.090 to read as follows:
Appendix chapters.
Adopt the following appendix Chapters from the 1997UPC:
A. 1997 UPC Appendix A, Rules for Sizing Water Supply Systems.
B. 1997 UPC Appendix B, Explanatory Notes on Combination Waste and Vent Systems.
C. 1997 UPC Appendix C, Additional Referenced Standards.
D. 1997 UPC Appendix D, Sizing Storm Water Drainage Systems.
E. 1997 UPC Appendix H, Procedures for Design, Construction and Installation of
Commercial Kitchen Grease Interceptors.
F. 1997 UPC Appendix I, Installation Standards.
G. 1997 UPC Appendix J, Reclaimed Water Systems for Non-Residential Buildings.
H. 1997 UPC Appendix K, Private Sewage Disposal Systems.
INTRODUCED at a regular meeting of thc City Council of the City of Cupertino this 7th
day of June, 1999, and ENACTED at a regular meeting of the City Council of the City of
Cupertino this day of ,1999, by the following vote:
Vote Members of the City Council
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST: APPROVED:
'- City Clerk Mayor, City of Cupertino
ORDINANCE NO. 1827
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CUPERTINO AMENDING CHAPTER 16.24
OF THE CUPERTINO MUNICIPAL coDE AND ADOPTING THE
1997 EDITION OF THE UNIFORM MECHANICAL CODE
THE CITY COUNCIL OF THE CITY OF CUPERTINO HEREBY ORDAINS that they
are adopting the 1997 edition of the Uniform Mechanical Code, and Chapter 16.24 of the
Cupertino Municipal Code is amended as follows:
· Change section 16.024.010, 16.24.20 16.024.030 fi:om1994 to 1997
INTRODUCED at a regular meeting of the City Council of the City of Cupertino this 7th
day of June, 1999, and ENACTED at a regular meeting of the City Council of the City of
Cupertino this day of ,1999, by the following vote:
Vote Members of the City Council
AYES:
NOES:
ABSENT:
ABSTAIN:
-ATTEST: APPROVED:
City Clerk Mayor, City of Cupertino
ORDINANCE NO. 1828
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
1998 EDITION OF THE CALIFORNIA FIRE CODE AND
THE 1997 EDITION OF THE UNIFORM FIRE CODE
THE CITY COUNCIL OF THE CITY OF CUPERTINO HEREBY ORDAINS that
Chapter 16.40 of the Cupertino Municipal Code is repealed and re-enacted as contained in
attached Exhibit A.
INTRODUCED at a regular meeting of the City Council of the City of Cupertino this 7t~
day of June, 1999, and ENACTED at a regular meeting of the City Council of the City of
Cupertino this day of ,1999, by the following vote:
Vote Members of the City Council
AYES:
'NOES:
ABSENT:
ABSTAIN:
ATTEST: APPROVED:
City Clerk Mayor, City of Cupertino
Adoption Of The 1998 California Fire Code And 1997 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 1998 California Fire Code and also
the 1997 Uniform Fire Code, including Appendix Chapters I-C, II-A, II-B, II-D, II-F, II-
I, II-J, III-A, III-B, V-A VI-A, VI-B, VI-C, and the Uniform Fire Code Standards as
published by the International Fire Code Institute, being particularly the 1997
Editions thereof and the whole thereof, save and except such portions as are
hereinafter deleted, modified or amended by this ordinance, of which one copy has
been filed for use and examination by the public in the office 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 Coundl of Cupertino.
Wherever the words "municipality," "jurisdiction," or "city" are used, they shall
mean the 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.
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 except for
gasoline service stations.
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 California 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.
16A0.060 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 California Fire Code, in which the
storage of compressed natural gas is prohibited shall, are hereby established as all
locations of the City of Cupertino that are residential or congested commercial areas.
16.40.070 Appeals
Section 103.1.4 i.~ ~rnended 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.
16.40.080 Final Inspection
Section 103.3.9.4 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.
16.40.090 Permits for Compressed Gases
Section 105.8 c.7 is amended to read as follows:
c.?. 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, dose 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.
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.
16.40.100 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
~uel 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.
16.40.110 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.
16.40.120 Pe,..dts 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, fire
extinguishing system or fire alarm system.
16.40.130 Permits for Institutions
Section 105.8 i.! 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, certified family care homes, residential care homes for the
elderly, out of home placement facilities, halfway house, and day care nurseries or
similar facility of any capacity.)
16.40.140 Permit Amounts for Compressed Gases
Table 105-A is amended as follows:
TABLE 105-A PERMIT AMOUNTS FOR COMPRESSED GASES~
TYPE OF GAS AMOUNT(cubic feet)
X 0.0283 for ma
Corrosive 200
Flammable (except cryo~c and liquefied petroleum gases) 200
Hig~hly toxic Any amount
Inert and simple asphyxiant 6,000
Irritant 200
-- Moderately toxic 20
Other health hazards 650
Oxidizing (including oxygen) 504
Pyrophoric Any amount
Radioactive Any amount
Sensitizer 2OO
Toxic Any Amount
Unstable (reactive) Any amount
~ See Articles 74, 80 and 82 for additional requirements and exceptions.
16.40.150 PERMIT AMOUNTS FOR HAZARDOUS MATERIALS~
Table 105-C is ~rnended as follows:
TABLE 10S-C PERMIT AMOUNTS FOR HAZARDOUS MATERIALS~
TYPE OF MATERIAL AMOUNT
x 0.4S36 for lbs. to kg
x 3.785 for gal. to L
Carcino~ns 10 pounds
Cellulose nitrate See No. c.4
Combustible fiber See No. c.$
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
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 Any amount
fumigants)
Irritant liquids 55 gallons
Irritant solids 500 pounds
Liquefied petroleum gases See No. 1.1
Magnesi__'um See No. m.1
Moderately toxic g~as fee No. c.?
Nitrate film See No. c.3
Oxidizing gases See No. c.?
Oxidizing liquids Any amount
Oxidi~.ir~g 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.?
Pyrophoric liquids Any amount
Pyrophoric solids Any amount
Radioactive materials (including gases, liquids and solids) See No. c.? and r.!
Sensitizer liquids 55 gallons
Sensitizer solids 500 pounds
Toxic gases See No. c.?
Toxic liquids Any amount
Toxic solids Any amount
Unstable (reactive) gases See No. c.?
Unstable reactive liquids Any amount
Unstable reactive solids Any amount
Water reactive liquids Any amount
Water reactive solids Any amount
z See Article 80 for additional requirements and exceptions.
16.40.160 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 Department as
follows:
_. 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 $85.00
sq. ft. (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
_. 3. Places of Assembly
A. 50-300 persons $50.00
B. Over 300 persons $85.00
16.40.170 Continuous Gas Detection System Definition
Section ~04-c is amended to read as follows:
204-C CONTINUOUS GAS DETECTION SYSTEM is a gas detection system where
the analytical instrument is maintained I a continuous operation and
sampling is performed without interruption. Analysis is allowed to be
performed on a cyclical basis at intervals not to exceed 5 minutes.
16.40.180 Hazardous Materials Business Plan Definition
Section ~04-C is added to read as follows:
209-H HAZARDOUS MATERIALS BUSINESS PLAN (HMBP)is a written plan
containing at a minimum the information required pursuant to section 25500
et. seq. of the Health and Safety Code.
16.40.190 Moderately Toxic Gas Definition
Section 214-M is added to read as follows:
214-M MODERATELY TOXIC GAS is a chemical or substance that has a median
lethal concentration (LC50) in air more that 2000 parts per million but not
more than 5000 parts per million by volume of gas or vapor, when
administered by continuous inhalation for an hour, or less if death occurs
within one hour, to albino rats weighing between 200 and 300 grams each.
16.40.200 Storage/Use Facility Definition
Section 220-S is amended to read as follows:
220-S 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 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.
16.40.210 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 HI-A.
Where water supplies available for fire protection do not. meet the requirements of
Appendix HI-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.
16.40.220 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 Fire Code, as amended, shall be installed in
accordance with National Fire Protection Association (NFPA) Standards, as
referenced in the Building Code, and Fire Department Standards.
16.40.230 Fire Extinguishing Systems for New Buildings
Section 1003.2.2. item 6 is added to read as follows:
6. In all new buildings where the fire flow for the building, in accordance with
Appendix IH-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.
16.40.240 Fire Extinguishing Systems for Existing Buildings
~ction 1003.2.2. item 7 is added to read as follows:
7. In 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.
16.40.250 Monitoring Fire Extinguishing Systems.
Section 1007.1.3 is added to read as follows:
1007.1.3. Monitoring of fire extinguishing systems. When a fire alarm system is
installed in a building, the system shall monitor all fire extinguishing systems.
Activation of any fire extinguishing system shall send an alarm signal to the fire
alarm control panel and initiate the alarm signaling devices.
16.40.260 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.
16.40.270 Fuel Dispensing Nozzles
Section 590Z4.4.~. first ~ud second para~aph.~, are amended to read ~.~ follows:
5202.4.4.2 Nozzles. A listed automatic-closing-type hose nozzle valve with a latch-
open device shall be provided on island-type dispensers used for dispensing Class
I,H or HI-A liquids.
Overhead-type dispensing units shall be provided with a listed automatic-closing-
type hose nozzle valve with a latch-open device.
16.40.280
Section 6301 is ~mended 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 the Mechanical Code for refrigerant group descriptions. See also Sections
8001.1.2, 8001.16.7, and
EXCEPTION: The chief is authorized to exempt temporary or portable installations.
16.40.290 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 drums 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.
16.40.300 Flammable And Combustible Liquids-Monitoring
Section 7901.13 is added to read as follows:
7901.13 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 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, on weekly or more frequent basis. (requires trained personnel
and documentation).
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 chief.
16.40.310 Flammable And Combustible Liquids-Containment
Section 7901.14 is added to read as follows:
7901.14 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.
16.40.320 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 I17-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 may be used for the storage of Class II
liquids, including integral diesel fuel storage tanks for generators or fire pumps,
which are listed and limited to an individual or aggregate capacity of 660 gallons.
Such tanks shall be located a minimum of ten (10) feet from any building and a
minimum of twenty (20) feet from a property line which is or can be built upon.
2. Protected aboveground storage tanks may be used to store diesel fuel used to
power generators or fire pumps which do not exceed.4,000 gallons individual
capacity or 16,000 gallon aggregate capacity. Such tanks shall be designed and
installed in accordance with Appendix 17-F as amended.
3. The storage of class ! and 17 liquids in protected aboveground storage tanks used
for dispensing fuel for motor vehicles when such tanks are approved by the Fire
Chief, and are installed and maintained in accordance with Article 79 and Appendix
17-F as amended.
16.40.330 Liquefied Petroleum Gase~-Permlts And Plan~
Section 8P0~.l. third paragraph, is smended to read as follows:
8202.1 Permits and plans.
Where a single container is over 125 gallons water capacity or the aggregate capadty
of containers is over 125 gallon water capacity, the installer shall submit plans for
such installations.
16.40.340 Toxic Gases.
.Article 91 is added to read as follows:
DMSION I. PURPOSE AND DEFINITION.
SEC. 91.100. Scope.
This article applies to all new and existing facilities where regulated
materials subject to this article are present. In the event of conflictin§
or overlapping regulatory provisions with other hazardous materials
laws, regulations, codes, or ordinances_and this article, the most
stringent requirement shall be applied. In the event of conflicting or
overlapping regulatory provisions with a Federal law or State law or
rel~ulation, unless the application of this article is expressly preempted
by an act of Congress or enactment of the Legislature, the more
strin§ent requirement shall apply. This article shall not apply to the
registration and application of pesticides since this is preempted by an
Act of Congress. Handlin§ and storage of pesticide cylinders, however,
shall comply with all requirements of this article.
SEC. 91.101. Definitions - General
Unless the context otherwise requires, the words and phrases in this
article shall have the meanings set forth in this Division I .and shall
govern the construction of this article. For words and phrases not
defined in this article, the definitions set forth in Article 2 of the
California Fire Code shall apply.
SEC. 91.101.1 Class I material
A material that has a median lethal concentration (LCd0) in air of 200
parts per million or less by volume of gas or vapor, or 2 milligrams per
liter or less of mist, fume or dust, when administered by continuous
inhalation for an hour, or less if death occurs within one hour, to
albino rats weighing between 200 and 300 grams each.
SEC. 91.101.2 Class II material
A material that has a median lethal concentration (LCs0) in air more
than 200 parts per million but not more than 3,000 parts per million by
volume of gas or vapor, or more than 2 milligrams per liter but not
more than 30 milligrams per liter of mist, fume or dust, when
administered by continuous inhalation for an hour, or less if death
occurs within one hour, to albino rats weighing between 200 and 300
grams each.
._. SEC. 91.101.:3 Class III material
A material that has a median lethal concentration (LCs0) in air more
than 3,000 parts per million but not more than 5,000 parts per million
by volume of gas or vapor, or more than 30 milligrams per liter but not
more than 50 milligrams per ]iter of mist, fume or dust, when
administered by continuous inhalation for an hour, or ]ess if death
occurs within one hour, to albino rats weighing between 200 and 300
grams each.
SEC. 91.102. Controls.
"Controls" are means to regulate materials to prevent unauthorized
discharges.
SEC. 91.10:3. Control area.
"Control area" means a space within a building where regulated
materials may be stored, handled, dispensed or used. The control area
is an area formed by one or more of the following:
_. a. An occupancy separation with a minimum one-hour fire-resistive
rating, or
b. The exterior wall, roof or foundation of the building.
A maximum of four control areas shall be permitted within a building
except buildings or portions of buildings used for retail sales, which
shall have a maximum of two control areas; otherwise, the entire
building shall be considered an "H" occupancy and shall meet the
requirements of this occupancy as set forth in the California Fire Code.
SEC. 91.105. Excess flow control.
"Excess flow control" means a fail-safe system designed to shut off flow due to
rupture in pressurized piping systems.
SEC. 91.105.1. Exterior storage.
"Exterior storage" means a storage area enclosed by no more than two
(2) contiguous walls.
SEC. 91.106. Facility.
"Facility" means any building, s~ructure, installation, equipment, pipe,
container, site, area, appurtenant sh'ucture or surrounding land area
where regulated materials are stored, used, dispensed, handled, placed
or otherwise have come to be located.
SEC. 91.107. Fire code.
"Fire code" means the California Fire Code,
SEC. 91.109. IDLH (immediately dangerous to life and health).
"IDLH (immediately dangerous to life and health)" means a
concentration of airborne contaminants, normally expressed in parts
per million (ppm) or milligrams per cubic meter, which represents the
maximum level from which one could escape within thirty (30)
minutes without any escape-impairing systems or irreversible health
effects. This level is established by the National Institute of
Occupational Safety and Health (NIOSH)..If adequate data do not exist
for precise establishment of IDLH data, an independent certified
industrial hygienist, industrial toxicologist or appropriate regulatory
agency shall make such determination.
SEC 91.110. Inert construction materials.
"Inert construction materials" means materials which, under
reasonably foreseeable conditions, will not degrade or react upon
contact with the regulated material to be contained.
SEC. 91.112. Lethal concentration (LCs0).
"Lethal concentration" (LCs0) means the median lethal concentration
level, at which fifty percent (50%) of appropriate test animals die when
exposed by inhalation for a scientifically appropriate specified time
period. For the purposes of this chapter, LCs0 values for a particular
regulated material shall be those established by the Department of
Transportation (D.O.T.). If D.O.T. has not established an LCso value
for a particular regulated material, the LCs0 value established by the
Compressed Gas Association (CGA) shall be used. If neither D.O.T nor
CGA has established an LCs0 value for a particular regulated material,
the Fire Chief or his designee may use LCs0 values from other available
scientific sources.
SEC. 91.113. Lethal concentration low (LCLo).
"Lethal concentration low" (LCLo) means the lowest concentration of a
chemical at which some test animals died following inhalation
exposure.
SEC. 91.114. Lethal dose median (LDso).
"Lethal dose median" (LDs0) means the dose at which fifty percent
(50%) of test animals die following exposure. The lethal dose is given
in milligrams per kilogram of body weight of the test animals.
SEC. 91.115. Lethal dose low (LDLo).
"Lethal dose low" (LDLo) means the lowest dose of a chemical at which
some test animals died following exposure.
SEC. 91.117. Maximum threshold quantity (Max. T.Q.).
"Maximum threshold quantity" (Max. T.Q.) means the maximum
quantity of a Class H or Class HI regulated material which may be stored
in a single vessel before a stricter category of regulation is required by
this article. Max. T.Q. is determined by the following equation:
~ T.Q. (pounds) - LC~ (ppm) X 2
For the purpose of calculating the Max. T.Q., storage tank, cylinder and
piping systems which can be isolated in a manner approved by the Fire
Chief or his designee may be designated as a separate storage vessel.
SEC. 91.118. ' Minimum threshold quantity (Min. T.Q.).
"Minimum threshold quantity" (Min. T.Q.) means the aggregate
quantity of a single regulated material in a control area which, due to
the minimal aggregate quantities present, need only comply with
specific control requirements established in Division VIH and Division
- H of this article and not with the specific requirements for Class I, H or
Ill regulated materials. Min. T.Q. for mixtures shall be based on the
aggregate weight of the regulated components.
For all regulated materials: Min. T.Q. = 2 pounds or less.
Minimum threshold quantity controls are set forth in Division VIII of
this article.
SEC. 91.119. Permissible exposure limit (PEL).
"Permissible exposure limit" (PEL) means the maximum permitted
eight-hour time-weighted average concentration of an airborne
contaminant. The maximum permitted time-weighted average
exposures are set forth in 29 CFR 1910.1000, as it may be amended from
time to time.
SEC. 91.120. Person.
"Person" means an individual, trust, firm, joint stock company,
corporation, partnership, association or other business activity, city,
county, district, the State, any department or agency thereof, or the
United States, to the extent authorized by law.
SEC. 91.121. Portable tank.
"Portable tank" means any packaging over sixty (60) U.S. gallons
capacity and designed primarily to be loaded into or on or temporarily
attached to a transport vehicle or ship, and equipped with skids,
mounting or accessories to facilitate handling of the tank by
mechanical means. It does not include any cylinder having more than
one thousand (1,000) pounds water capacity, cargo tank, tank car tank
or trailers carrying cylinders of over one thousand (1,000) pounds water
capacity.
SEC. 91.122. Reduced flow valve.
"Reduced flow valve" means a valve equipped with a restricted flow
orifice and inserted into a compressed gas cylinder, portable tank or
stationary tank that is designed to reduce the maximum flow from the
valve under full-flow conditions. The maximum flow rate from the
valve is determined with the valve allowed to flow to atmosphere
with no other piping or fittings attached.
SEC. 91.123. Regulated materials.
"Regulated materials" are all materials, regardless of form (i.e., liquid,
solid or gas) which meet the criteria established by Section 91.205,
below.
SEC. 91.191. Responsible persons.
"Responsible persons" means pe~...ittees under this article, owners,
managers and persons responsible for the day-to-day operation of any
facility subject to this article.
SEC. 91.125. Stationary tank.
"Stationary tank" means any packaging designed primarily for
stationary installations not intended for loading, unloading, transport
or attachment to a transport vehicle as part of its normal operation in
the process of use. It does not include cylinders having less than one
thousand (1,000) pounds water capacity.
SEC. 91.127. Unauthorized discharge.
"Unauthorized discharge" means releasing, spilling, leaking, pumping,
pouring, emitting, emptying, injecting, escaping, leaching, dumping or
disposing of a regulated material into the environment, including any
sewer, storm drain, ditch, drainage canal, lake, fiver or tidal waterway,
surface water, ground water, land surface, sidewalk, street or highway,
subsurface strata or ambient air except:
a. A "Federally permitted release" as that term is defined in Sec. 101
of the Comprehensive Environmental Response, Compensation and
Liability Act, 42 UFC Sec. 9602(10), or pursuant to a permit of the Bay
Area Air Quality Management District, or waste discharge
requirements of the San Francisco Bay Regional Water Quality Control
Board or local wastewater pretreatment requirements for publicly
owned treatment works; or
b. The normal application of materials used in weed abatement,
erosion control, soil amendment or similar application when used in
accordance with manufacturer's instructions or nationally recognized
standards.
DMSION II. SPECIAL PROVlSIONS.
SEC. 91.200. General provisions.
This article governs the storage, dispensing, use and handling of
regulated materials. To the extent that the application of this article to
the registration and use of pesticides is preempted by an express
provision of an act of Congress or a statute adopted by the State
Legislature, this article does not apply.
The provisions of Division II apply to all regulated materials, including
Class I, Class II, Class III and minimum threshold quantities of
regulated materials.
SEC. 91.205. Regulated materials.
"Regulated materials," including but not limited to gases, are those
materials which meet the following criteria:
1. The materials fall under the definition of Class L Class II or
Class III materials; and
2. The materials meet either of the following criteria:
(a) They are shipped in compressed gas cylinders and the
material is or becomes or acts as a gas upon release at normal
temperature and pressure (680o Fahrenheit and 760 mm Hg); or
(b) The material is used or handled as a gas whether or not the
material meets the definition of a compressed gas in Article 2 of the
California Fire Code_or 49 CFR Sec. 173.300(a).
Materials which meet the foregoing criteria are subject to the
provisions of this article unless exempted by the fire chief or his
designee based upon scientific evidence provided by a toxiCologist or
other professional.
SEC. 91.210. General obligation.
No person shall cause, suffer or permit the storage, handling, use or
dispensing of materials regulated by this article:
1. In a manner which is contrary to a provision of this article or any
other Federal or State or local statute, code, ordinance, rule, regulation
or standard of performance relating to materials subject to this article;
or
2. In a manner which causes an unauthorized discharge or which
imposes a significant risk of such unauthorized discharge.
A person responsible for a facility shall, as soon as he or she has
knowledge of an unauthorized discharge from or at such facility,
immediately notify the fire chief or designee of such discharge.
SEC. 91.215. Pei-~i-dts and System Upgrades.
No person shall store, dispense, use or handle any regulated material
in excess of an exempt amount at a facility unless a compliance plan
and a plan review fee have been submitted to the fire chief or his
designee and a permit for the facility has been issued pursuant to
Division X of this article.
The extent of system upgrades shall be determined by the foHowin§
conditions:
1. If a building permit is required for a piping modification, then
upgrading of the entire system for that gas shah be required.
2. If a bufldin§ permit is not required for piping modification,
such as for connecting an existing piping system to a new piece of
equipment, then upgrading of the entire system shall not be required.
SEC. 91~222. Closure.
It shall be unlawgul for any person to abandon, remove or close a
facility or other area re~.tlated by ~ article until a closure plan has
been submitted to and approved by the fire chief or his designee.
A closure plan and a closure plan review fee as se~ by the schedule of
fees as adopted by the council shall be submitted by a responsible
person to the ~ chief or his designee at least thirty (30) days prior to
facility closure. The property owner of the property upon which the
regulated materials are stored shall be responsible for the closure in the
event that the regulated materials are abandoned or when the
permittee has not complied with all provisions of ~ section. The
closure plan shah demonstrate to the satisfaction of the fire chief or his
designee that regulated materials which are or have been stored,
dispensed, handled or used in the facility will be transported, disposed
of or reused in a manner consistent with public health and safety. The
fire chief or his designee may waive all or part of the thirty' (30) day
period upon a finding of good cause.
SEC. 91.225. Seismic protection.
Persons responsible for a facility with one or more stationary tanks and
piping systems used for regulated materials shah cause such tanks and
piping systems to be seismically braced in accordance with the
provisions of the California Building Code.
SEC. 91.230. Security.
Responsible persons shall cause facilities where materials subject to
this article are stored, handled, dispensed or used to be secured against
unauthorized entry.
SEC. 91.235. Breathing apparatus.
In order to provide for immediate initial on-scene response in the
event of an unauthorized discharge and to provide on-scene assistance
to firefighters and other emergency response personnel, persons
responsible for any facility where Class I or corrosive regulated
materials are present shall provide a minimum of two self-contained
breathing apparatus. When self-contained breathing apparatus would
be inadequate protection due to the nature of the gases present, other
appropriate protective equipment shall be provided for on-site
emergency response personnel.
The self-contained breathing apparatus or other protective, equipment
shall be suitable for use with the material present and shall be readily
available to on-site emergency response personnel in a location that
provides safety for those expected to don the apparatus. A "location
that provides safety" is one which is not likely to be immediately
affected by the release of a regulated material.
SEC. 91.240. Incompatible materials.
Responsible persons shall cause regulated materials to be separated
from other incompatible hazardous materials listed in Table 5108-A of
the California Fire Code. Separation shall be maintained by one (1)
hour fire-resistive construction or by the use of separate gas cabinets.
Construction materials shah be compatible with the toxic gases they
serve. Compatibility of construction materials shall be based on
nationally recognized standards such as the National Assodation of
Corrosion Engineers (NACE).
SEC. 91.245. Leak testing.
Responsible persons shall cause containers of regulated materials to be
tested for leaks immediately upon delivery and again immediately
prior to departure of such containers from facilities. Testing methods
shall be approved by the fire chief or his designee in accordance with
appropriately nationally recognized industry standards and practices, if
any. Appropriate remedial action shall be immediately undertaken
when leaks are detected.
SEC. 91.250. Protective plugs and caps.
Responsible persons shall cause the protective plugs and caps of
containers of regulated materials to be in place at all times unless and
until the material is properly placed into use.
SEC. 91.255. Emergency response plan.
If the preparation of an emergency response plan for the facility is not
required by any other law, a responsible person shall prepare, or cause
to be prepared, and filed with the fire chief or his designee, a written
emergency response plan. If the preparation of an emergency response
plan is required by any other law, a responsible person shall file a copy
of the plan with the fire chief or his designee.
SEC. 91.257. Emergency response teams.
If not required to do so by another law, a person responsible for a
fadlity subject to this article shall designate, or cause to be designated,
an on-site emergency response team, which shall be composed of an
adequate number of trained, responsible persons, and which shall
serve as liaison to the fire department.
Emergency response team members shall ascertain all on-site locations
where regulated materials are stored, handled and used, and shall
become familiar with the emergency response plan and the chemical
nature of such regulated material, and shall act as facility liaison to the
fire department and shall be prepared to respond in an emergency.
SEC. 91.260. Emergency drills.
Responsible persons shall cause emergency drills of each on-site
emergency response team to be conducted not less fTequently than once
every three (3) months. Records of drills conducted shall be
maintained at the facility for three (3) years and shall be made available
for inspection upon request by the fire chief or his designee.
SEC. 91.265. Annual maintenance.
Responsible persons shall cause all safety control systems at a facility
to be tested not less ~requently than annually and maintained in good
working condition. Maintenance and testing shall be performed by
persons qualified to perform the maintenance and tests. Maintenance
records and test certifications shall be available to the fire chief or his
designee upon inspection or request.
SEC. 91.270. Flow-limiting orifices and devices for Class I materials.
All containers of materials other than lecture bottles classified as Class I
regulated materials and having a vapor pressure exceeding 29 psia,
shall be equipped with a flow-restricting orifice, when commercially
available. H a ilow-restricting orifice is not available, the container
shall be used with a flow-limiting device. AH flow-limiting devices
shah be part of the valve assembly and visible to the eye when possible~
otherwise, they shall be installed as close as possible to the cylinder
source.
SEC. 91.275. Fire extinguishing systems.
Except as provided in subsection "c" below, responsible persons shah
cause all interior and exterior use areas and all indoor storage areas and
storage buildings to be protected groin fire by automatic sprinkler
systems.
The design of the sprinkler system shall be not less than that required
under the current edition of NFPA 13 for ordinary hazard Group II
with a minimum design area of three thousand (3,000) square feet.
Where the materials or storage arrangement require a higher level of
sprinkler system protection in accordance with nationally recognized
standards, the higher level of sprinkler system protection shah be
provided.
._. If the chemical properties of the regulated materials are such that the
materials will be incompatible with the use of a sprinkler system, the
fire chief or his designee may require alternative forms of fire
protection.
DIVISION III. CLASSIFICATION OF MATERIALS.
SEC. 91.300. General.
Regulated materials shall be classified as Class I, Class H, Class III or
Min. T.Q. materials as defined in Division I.
SEC. 91.305. Exempt amounts.
Except as provided in paragraph two below, any single regulated material which
would otherwise be regulated is exempt from regulation under this article if:
1. The aggregate quantity of any single regulated material in a control area or
exterior storage does not exceed the Min. T.Q.; and
2. The quantity of the material in a single vessel does not exceed the amounts
specified as follows:
i. 1 pound; or
ii. a concentration below the Permissible Exposure Limit (PEL); and
3. The aggregate quantity of all regulated materials in a control area or exterior
storage does not exceed the exempt amounts specified in Article 80 of the currently
adopted edition of the California Fire Code.
Notwithstanding the exemption above, no amo-nt of Class I
re4~flated materi~] is exempt from the provisions for "flow-]imitir~
devices" ~nd "fire ex~ishir~ lystems" fo-nd in Division II of
this article.
SEC. 91.310. Calculations for Determining the Class of Mixtures.
The LCs0 value for mixtures containing regulated materials shall be
calculated using the following formula:
(molar fraction ~ Ioxic mml~,~'at) / (ppm LCs0 of I~dc
If more than one toxic component is present, the LCs0 value shall be
calculated using the following formula:
1
LCso of Gas Mixture (ppm) =
n
3. [(fO/(~c.,)]
i =1
where fi is the mole fraction of the i'~ toxic component of the gas
mixture and LC~0i is the LCs0 of the it~ toxic component of the gas
mixture.
DIVISION IV. HAZARD CLASSIFICATION AND CONTROL TABLE.
SEC. 91.400. General.
The requirements for controls for the use or indoor storage of regulated
materials shall be cumulative as the hazard class of regulated material
increases in accordance with the following table:
HAZARD CLASSIFICATIONS AND CONTROLS
Hazard Classification Hazard Controls
Class I Includes Division II, C1~ I, ~ II, Class IH, minimum
threshold quantity and exempt amount controls
Class 13 Includes Division !I, Class II, Clm I~ minimum threshold
quantity and exempt amount coatrob
~c~ IH Indude~ Division 1I, Clm I~ minimum threshold quantity and
exempt amount controls
Minimum Threshold Includes Division II, minimum threshold quantity and exempt
mount
~uantity controls
Exempt Amounts Other applicable statutes, codes and ordinances
AH control equipment for materials regulated by this article shah meet
appropriate nationally recognized standards, if any, approved by the
fire chief or his designee.
Ha]ogenated, non-carbon based gases may hydrolyze to their base
mineral acid upon contact with moisture. Therefore, the monitoring
and compatibility requirements of this article shah apply to their
decomposition products.
DIVISION V. CLASS I CONTROLS.
SEC. 91.500. Class I controls.
Persons responsible for any facility where Class I materials are present
shall comply with ah of the requirements of Division H and Divisions
V, VI, VII and VIH of this article.
SEC. 91.505. Piping.
Piping for Class I materials shah be designed and fabricated from
materials compatible with the material to be contained. Piping shah be
of strength and durability sufficient to withstand the pressure,
structural and seismic stress and exposure to which it may be subjected,
as required by the California Building Code.
Secondary containment shah be provided for piping for Class I
materials. The secondary containment shall be capable of directing a
sudden release into an approved discharge treatment system and shall
be monitored continually with a continuous gas monitoring system
.- approved by the fire chief or his designee. Secondary containment
includes, but is not limited to, doublewaHed piping. Secondary
containment for piping under sub-atmospheric conditions may not be
required if the piping is equipped with an. alarm and cylinder fail-safe-
to-close valve activated by a loss of vacuum.
SEC. 91.510. Automatic shutoff.
An automatic shutoff valve which is of "fail-safe to close" design shah
be provided. Each of the following shah activate automatic shutoff:
a. Gas detection at PEL in occupiable areas; at 1/2 IDLH (or 0.05 LCs0if
no established IDLH) in unoccupiable areas;
b. Manual activation of emergency shutoff valves, from remote
locations;
c. Failure of emergency power;
d. Seismic activity;
e. Failure of primary containment;
f. Activation of manual fire alarm;
g. Failure of required exhaust flow ventilation rate.
SEC. 91.515. Emergency control station. "
Signals from emergency equipment shall be transmitted to an
emergency control station which is continually staffed by trained
personnel. Continual staffing shall not be required during periods
when regulated materials have been purged from all process piping
and equipment and are no longer being used or dispensed.
DIVISION VI. CLASS II CONTROLS.
SEC. 91.600. Class II controls.
Responsible persons shall cause materials which are classified as Class
H materials to be provided with the controls specified in Division H
and Divisions VI, VII and VIII of this article.
SEC. 91.605. Connections.
Piping and tubing for Class H materials shall be installed in accordance
with appropriate nationally recognized standards, ff any, approved by
the fire chief or his designee and shall have welded connections
compatible with the regulated material throughout unless an
exhausted enclosure is provided.
Material which is not compatible with ferrous piping may be installed
in nonferrous piping approved by the fire chief or his designee.
Where connections other than welding connections meet appropriate
nationally recognized industry standards, if any, a person responsible
for a facility may seek an exception from the fire chief or his designee.
A request for exception and a fee as set by the schedule of fees as
adopted by the council shall be filed with the fire chief or his designee
for approval. The request shall document the standards and reason for
the exception.
SEC. 91.610. Local gas shutoff.
Manual activation controls for local gas shutoff shall be provided at
locations near the point of use and near the source, as approved by the
fire chief or his designee. The fire chief or his designee may require
additional controls at other places, including but not limited to the
entry to the building, the area in the building where regulated
_ materials are stored or used and emergency control stations. Manually
activated shutoff valves shall be of "fail-safe to close' design.
SEC. 91.615. Emergency power.
Emergency power shall be provided for:
a. Exhaust ventilation, including the power supply for treatment
systems;
b. Gas detection systems;
c. Emergency alarm systems;
d. Temperature control systems which comply with the California
Fire Code.
SEC. 91.620. Excess flow control.
Portable tanks and cylinders containing Class H material shall be
provided with excess flow control. Excess flow control shall be
permanently marked to indicate the maximum design flow rate.
._. SEC. 91.625. Gas detection.
A continuous gas detection system shall be provided to detect the
presence of a gas at or below the permissible exposure limit in
occupiable areas and at or below 1/2 IDLH (or 0.05 LCs0 if no established
IDLH) in unoccupiable areas. The detection system shall initiate a local
alarm and transmit a signal to a continually staffed remote location (to
provide an immediate response to an alarm). The alarm shall be both
visual and audible and shall be designed to provide warning both
inside and outside of the interior storage, use or handling area. The
audible alarm shall be distinct from all other on-site alarms.
SEC. 91.630. Exhaust ventilation monitoring.
A continuous monitoring system shall be provided to assure that the
required exhaust ventilation rate is maintained. The monitoring
system shall initiate a local alarm. The alarm shall be both visual and
audible and shall be designed to provide warning both inside and
outside of the interior storage, use or handling area.
SEC. 91.635. Seismic shutoff valves.
A seismically activated valve meeting standards approved by the fire
chief or his designee shall be provided for an automatic shutoff of
regulated materials.
SEC. 91.640. Class II corrosives.
Inert construction materials shall be used for the primary containment
of Class H regulated materials which are corrosive. Alternatively,
secondary containment shall be provided for Class H materials which
are corrosive.
SEC. 91.645. Emergency alarms.
When materials regulated by this article are .transported through exit
corridors or exit enclosures, there shall be an emergency telephone
system or a local manual alarm station or a signaling device approved
by the fire chief or his designee at not more than one hundred fifty
(150) foot intervals and at each exit doorway throughout the transport
route. The signals shall be relayed to an approved central, proprietary
or remote station service or a constantly attended on-site location and
shall also initiate a local audible alarm. -
DMSION VII. CLASS III CONTROLS.
SEC 91.700. Class III controls.
Persons responsible for a facility shah cause materials which are
classified as Class HI materials to be provided with the controls
specified in Division II and Divisions VII and VHI of this article.
SEC. 91.705. Piping, valves and fittings.
Piping, valves, fittings and related components shall be designed and
fabricated from materials compatible with the material to be contained.
They shall have strength and durability sufficient to withstand the
pressure, structural, seismic and any other stress and exposure to
which they may b~ subjected.
Expansion chambers shall be provided between valves whenever
appropriate in accordance with nationally recognized standards
approved by the fire chief or his designee. Chambers shall be sized to
provide protection for piping, valves and instrumentation and to
accommodate the expansion oi: regulated materials.
SEC. 91.710. Signage.
Stationary above-ground tanks shall be placarded with hazard
identification signs as specified in the California Fire Code, Standard
79-3, for the specific material contained.
Signs prohibiting smoking shall be posted in indoor storage, use and
handling areas and within twenty-five (25) feet of outdoor storage, use
and handling areas, except within buildings designated as "No
Smoking" buildings and shall be as follows:
a. Signs shall not be obscured or removed.
b. Signs shall be in English and other ~-~.~. languages as may be
appropriate, as determined by the fire chief or his designee.
c. Signs shall be durable.
d. The size, color and lettering shall be in conformance with
._. nationally recognized standards determined by the fire chief or his
designee to be applicable to the regulated material.
SEC. 91.715. Inert gas purge system.
Gas systems for regulated materials shall be provided with individually
dedicated inert gas purge systems (e.g., nitrogen, helium, argon and
neon). 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.
DMSION VIH. MINIMUM THRESHOLD QUANTITY CONTROLS.
SEC. 91.800. Minimum threshold quantity controls.
Responsible persons shall cause materials which do not exceed the
minimum threshold quantity as defined in Sec. 91.118 to be provided
with controls specified in Division H and Division VHI of this article..
SEC. 91.805. Exhaust ventilation.
Storage of cylinders shall be within ventilated gas cabinets, exhausted
enclosures or within a ventilated separate gas storage room as defined
in the California Fire Code.
Storage of portable and stationary tanks shall be within a separate
ventilated room without other occupancy or use. If gas cabinets are
provided, the room or area in which they are located shall have inde-
pendent exhaust ventilation when properly exhausted cabinets are not
utilized. Exhaust systems for gas cabinets, exhausted enclosures and
separate gas storage rooms shall be designed to handle the accidental
re]ease of gas. Such exhaust systems shah be capable of diluting,
adsorbing, neutralizing, burning or otherwise processing the entire
contents of the single tank or cylinder of gas which presents the highest
potential hazard. Systems utilized for such processing shall be designed
as a treatment system, as described in Section 91.815, below. If a total
containment system is utilized, the system shall be designed to handle
the maximum anticipated pressure of release to the system when the
system reaches equilibrium.
SEC. 91.810. Gas cabinets.
When gas cabinets are provided, they shall be:
a. Operated at negative pressure in relation to their surrounding
area;
b. Provided with self-dosing limited access ports or fire-rated
windows to give access to equipment controls. The average velocity of
ventilation at the face of access ports or windows shall be not less than
two hundred (200) feet per minute (FPM) with a minimum of one
hundred fifty (150) FPM at any point of the access port or window;
c. Connected to a treatment system;
d. Provided with self-closing doors;
e. Constructed of steel with a thickness of not less than twelve (12)
gauge.
SEC. 91.815. Treatment systems.
Treatment systems shall be utilized to process aH exhaust ventilation to be
discharged from gas cabinets, exhausted enclosures or separate storage rooms.
Treatment systems shah be designed to reduce the maximum allowable discharge
concentration of the gas to one-half (1/2) 1DLH (or 0.05 LCS0 if no established IDLH)
at the point of discharge to the atmosphere as specified beiow. When more than one
gas may be emitted to the treatment system, the treatment system shall be designed
.- to handle the worst-case release based on the release rate, the quantity and the IDLH
(or 0.1 LC50 ff no established IDLH) for all the gases stored or used.In the event that a
revised IDLH is published, the City shall establish a new timetable for existing
facilities to upgrade their treatment systems to meet the revised IDLH value.
SEC. 91.820. Treatment systems sizing.
Treatment systems shall be sized to process the worst-case release of
each gas based on the maximum flow rate of release from the cylinder
or tank utilized which presents the highest potential hazard. The
entire contents of tanks and cylinders shall be considered.
SEC. 91.825. Stationary tanks.
Stationary tanks shall be labeled with the maximum rate of release for
the gas contained based on any valves or fittings that are inserted
directly into the tank.
If multiple valves or fittings are provided, the maximum flow rate of
release for the valve or fitting with the highest flow rate shall be
_.. indicated. If liquefied gases are in contact with any valve or fitting, the
liquid flow rate shall be utilized for purposes of computation of the
maximum flow rate of release. All flow rates indicated on the label
shall be converted to cubic feet per minute of gas at normal
temperature and pressure.
SEC. 91.830. Portable tanks and cylinders.
For portable tanks and cylinders, the maximum flow rate of release
shall be calculated based on_the actual release data or calculations using
actual valve manufacturer's specifications. When this data is not
available, the maximum flow rate of release shall be calculated based
on the total release from the cylinder or tank within the time specified
in the table below:
Nonliquefled Liquefied
Container (Minutes) (Minutes)
Cylinden S 30
Poltable Tanks 40 240
When portable tantcs or cylinders are equipped with approved reduced
flow orifices in the cylinder valve, the worst-case release may be
determined by the maximum achievable flow through the orifice as
determined by the valve manufacturer or the gas supplier. Reduced
flow and excess flow valves shall be permanently marked to indicate
the maximum design flow rate. Such markings shall indicate the flow
rate for air under standard conditions. Lettering shall be 1/4" high,
minimum, and be in contrast to the color is it printed upon.
When cylinders are manifolded together, the maximum release rate
shall be the sum of the release rates for all of the manifolded cylinders.
SEC. 91.835. Piping and controls.
All primary piping for regulated materials shall pass a helium leak test
of lx10'~ cubic centimeters/second where practical, or other nationally
recognized standard. Tests shall be conducted by a qualified "third
party" not involved with the construction of the piping and control
systems.
DMSION IX. EXTERIOR STORAGE.
SEC. 91.900. General.
Persons responsible for a facility where there is exterior storage of any
regulated material shall comply with the provisions of Division H,
Division HI and Division IX of this article and of the California Fire
Code.
SEC. 91.905. Distance limitation to exposures.
Exterior storage of regulated materials shall not be within seventy-five
(75) feet of a building, structure, property line, street, alley, public way
or exit to a public way unless the storage is shielded by a structure
which has a minimum fire-resistive rating of two (2) hours and which
interrupts the line of sight between the storage and the exposure. The
shielding structure shall be at least five (5) feet from any exposure.
SEC. 91.910. Openings in buildings subject to exposure.
Notwithstanding Section 91.905, when an exterior storage area is
located within seventy-five (?5) feet of a building, openings into the
building other than piping shall not be above the height of the top of
the shielding structure referred to in Section 91.905 or within ~ (50)
feet horizontally from the exterior storage area, whether or not
protected by a shielding structure.
SEC. 91.91S. Air intakes.
No exterior storage area for regulated materials shah be within
seventy-five (75) feet of any air intake.
SEC. 91.920. Canopies.
Portable tanks and cylinders stored outside of buildings shall be stored
under a canopy constructed of noncombustible materials. Such exterior
storage shall not be considered indoor storage. An automatic fire
sprinkler system, or alternative systems as determined by the fire chief
or his designee for materials incompatible with water, shall be
provided for canopies installed for the storage of regulated materials.
SEC. 91.925. Stationary tank controls.
Controls on stationary tanks shall be in accordance with the following:
a. Pressure relief devices shall be vented to a treatment system
designed in accordance with the provisions of Section 91.815 of this
article.
- b. Where filling or dispensing connections are provided, they shall
be provided with a means of local exhaust. Such exhaust shall be
designed to capture fumes and vapors. The exhaust shall be directed to
a treatment system designed in accordance with the provisions of Sec.
91.815 of this article.
c. Stationary tanks shall be provided with a means of excess flow
control on all tank inlet or outlet connections. Inlet connections that
are designed to preclude backflow and pressure relief devices are
exempt from this requirement.
SEC. 91.930. Gas cabinets for leaking cylinders.
At least one gas cabinet or exhausted enclosure shall be provided for
the handling of leaking cylinders. The cabinet or enclosure shall be
within or adjacent to the exterior storage area and connected to a
treatment system as specified in Section 91.815 of this article.
A gas cabinet or exhausted enclosure need not be provided for leaking
cylinders if all cylinders are stored within gas cabinets or exhausted
enclosures and the exhaust is directed to a treatment system designed
in accordance with the provisions of Section 91.815 of this article.
Encapsulating equipment or other equipment designed to contain
high-pressure cylinders and their contents as approved by the fire chief
or his designee shall be acceptable in meeting the intent of this section
in lieu of gas cabinets or exhausted enclosures.
SEC. 91.935. Local exhaust for leaking portable tanks.
A means of local exhaust shall be provided to capture regulated
material leaking from portable tanks. The local exhaust may consist of
portable ducts or collection systems designed to be applied to the site of
a leak in a valve or fitting on the tank. The local exhaust system shall
be connected to a treatment system as specified in Section 91.815 of this
article. A local exhaust system shall be provided within or immediately
adjacent to every storage area and within separate gas storage rooms
used for portable tanks.
SEC. 91.940. Tank cars and piping.
The provisions of this article shall not apply to tank cars which meet
all requirements of the U.S. Department of Transportation, while such
tank cars are used for the transportation and unloading of regulated
material, as such terms are used in the Hazardous Materials
Transportation Act, 49 ILS.C. Sec. 1801 et seq. "Unloading" does not
include the use of tank cars to store regulated materials.
The provisions of this article shall apply to piping and control systems,
automatic shutoff valves, emergency control stations, gas detection
systems, treatment systems and alarm systems used with piping which
connects tank cars to facilities for the unloading and delivery of
regulated material, and to tank cars used to store regulated materials.
DMSION X. PERMrr PROCESS.
SEC. 91.960. General.
Responsible persons shall obtain and keep current a "regulated
materials permit." The process and procedures set forth in the
California Fire Code as well as local hazardous materials storage
ordinances shall govern regulated materials.
16.40.31~0 Protected Aboveground Tanks For Fuel-Dispenslng Stations - Standards
Section 4.1 of Appendix II-F is amended to read as follows:
4.1 General. Protected aboveground tanks shall be listed and shall meet the
requirements specified in UFC Standard 79-7, UL 2085 and shall be labeled
accordingly.
16.40.360 Protected Aboveground Tanks For Fuel-Dispensing Stations - Size
Section 4.3 of Appendix H-F is amended to read as follows:
4.3 Size. Primary tanks shall not exceed a 2,000 gallon individual or 6,000 gallon
aggregate capacity.
16.40.370 Fire Hydrant Locations And Distribution
Section 5 of Appendix III-B is amended to read as follows:
SECTION Ii - 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.
16.40.380 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 brush 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.
EXPRESS FINDINGS
Findin~ A
The City of Cupertino is situated adjacent to active earthquake faults capable
of producing substantial seismic events. Since the City is divided by major
freeways and expressways, the occurrence of a major earthquake would
significantly impact the ability of fire crews to respond to emergencies should
one or more freeway/expressway bridges collapse or be substantially damaged.
Additionally, fire suppression capabilities will be severely limited should the
water system be extensively damaged during the seismic event. Therefore,
mitigation measures are necessary such as; automatic fire suppression
systems, fire hydrants, detection systems, exposure protection, seismic
protection, and safety controls for hazardous materials in order to minimize
the risks to persons and property due to potential response delays.
Finding A applies to the followir~ City of Cupertino Fire Code amendments:
16.40.210 Water Supplies
16.40.220 Fire Extinguishing System Standards
16.40.230 Fire Extinguishing Systems for New Buildings
16.40.240 Fire Extinguishing Systems for Existing Buildings
16.40.250 Monitoring Fire Extinguishing Systems.
16.40.260 Immersion Heaters.
16.40.270 Fuel Dispensing NoZZles
16.40.280 Refrigeration
16.40.300 Flammable And CombUStible Liquids-Monitoring
16.40.310 Flammable And Combustible Liquids-Containment
16.40.320 Flammable And Combustible Liquids-Tank Locations
16.40.340 Toxic Gases.
16.40.350 Protected Aboveground Tanks For Fuel-Dispensing Stations -
Standards
~6.~0.360 Protected Aboveground Tanks For Fuel-Dispensing Stations - Size
~6A0.370 Fire Hydrant Locations And Distribution
Finding B
The City of Cupertino experiences low humidity, high winds and warm
temperatures during the summer months creating conditions which are
particularly conducive to the ignition and spread of grass, brush and structure
fires. Additionally, the remoteness and steepness of hillside areas in the City
significantly impacts the ability of emergency responders to extinguish or
control wildland or structure fires. These factors cumulatively mandate
special provisions for the creation of defensible space around homes in the
hillside areas.
Finding B a~plies to the following City of Cupertino Fire Code amendment:
16.40.380 Suppression And Control Of Hazardous Fire Areas
ORDINANCE NO. 1829
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CUPERTINO AMENDING CHAPTER 16.56
OF THE CUPERTINO MUNICIPAL CODE AND ADOPTING THE
1997 EDITION OF THE UNIFORM HOUSING CODE
THE CITY COUNCIL OF THE CITY OF CUPERTINO HEREBY ORDAINS that
Chapter 16.56 of the Cupertino Municipal Code is amended as follows:
· Change section 16.56.010 from 1994 to 1997
INTRODUCED at a regular meeting of the City Council of the City of Cupertino this 7'h
day of June, 1999, and ENACTED at a regular meeting of the City Council of the City of
Cupertino this day of ,1999, by the following vote:
Vote Members of the City Council
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST: APPROVED:
City Clerk Mayor, City of Cupertino
06/17/lcjc:J9 12:42 415951970,~ PLANCOM PAGF_ 02/E~2
June 16, 1999 ,
Mr. Colin Jung
City of Cupertino
10300 Tone Avenue
Cupertino, CA 95014
RE: Pacific Bell Wireless Telecommunication Facility
Apple Campus, 1 lnf-mitc Loop, Building 2, Cupertino
'L.'
Dear Mr. Sung:
Pacific Bell W'n-eless (PBIIO is withdrawing the application for a Director's Minor
_ Modification Approval for the PBW Telecommunication Facility located at the Apple
Campus at 1 Infinivz Loop. PBW will be applying for a height exemption for the
telecommunication facility ~ation throush the City of Cupertino Planning
Department. Pacific Bell Wireless appreciates this oppommi~ to continue working with
the CivJ of Cupm'dno in m~egng it's coverage objectives as well as meeting the needs of
thc rcsidem~s and'businesses in the City of Cupcr6no.
Sincerely,
Pacific Bell Wireless Representative
cc: Kevin Flaherty, Pacific Bell Wireless Director
Cupertino
SUMMARY
AGENDA NO. t 7. AGENDA DATE:
SUMMARY: PUBLIC HEARING to consider an amendment to Title 10 of the
Cupertino Municipal Code, regulating placement and design of newsracks on public
fights-of-way.
Project Consistency with: General.Plan yeses . Zoning
Environmental Assessment:.._: Categorical Exemption (Class 1)
BACKGROUND:
The City of Cupertino has adopted regulations as part of the Municipal Code regulating
newsracks within public rights of way; however, these regulations generally deal with
ensuring that rack placement does not constitute a public nuisance and limiting the
potential adult oriented content of periodicals dispensed from the racks. The City has also
adopted a procedure for abating non-conforming or dangerous newsracks. No standards
exist dealing with the design of newsracks.
DISCUSSION:
Planning and Public Works Deparlment staffs have prepared the enclosed Ordinance
Amendment (Exhibit A), which is the text of the proposed ordinance. The Ordinance
would establish overall purposes and intent, require issuance of a yearly encroachment
permit by the Public Works Department, require newsrack contractors to obtain requisite
insurance coverage, and require that newsracks be well-maintained. Procedures are
included to remove hsTsrdous or dangerous racks, consistent with existing procedures. A
new recommended requirement is for amortization of non-conforming newsracks. Under
this procedure, owners of racks not in conformance with the new standards would have
six months to replace it with a conforming rack. Existing controls limiting views of adult
oriented material dispensed from newsracks would continue to be enforced.
Accompanying the newsmck ordinance is a separate set of design and placement
specifications for modular newsracks (Exhibit B). These specifications would actually
implement the intent of the City of requiring modula{ style newsracks within public
rights-of-way and contain standards for the safe placement of racks in relation to nearby
driveways,, fire hydrants and other features. Under the proposed specifications, the City
would also specify color(s) of modular racks. The specifications would also require that a
maximum of one permanent, freestanding rack would be allowed in one location. If more
than one newsrack is desired, they must be placed in an approved modular system.
Page 2
Exhibit E includes photos of existing newsracks within Cupertino as well as prototypical
modular newsracks that would be allowed pursuant to the recommended specifications
(Exhibit F).
The design specifications provide that either the City or a private developer may provide
enhancements, such as trellises, to newsracks. The locations for enhanced newsracks
would be determined by the City Council. An example of an enhanced newsrack is
shown in Exhibit t3, which is a concrete stand used by the City of Pleasanton. The
approximate cost of this eight-rack stand is $1,200, installed. Exhibit G also shows
modular newsracks offered by City Solutions, which could be installed in Cupertino as an
option to the recommended Sho-Rack design.
Newsracks would also be required to be permanently anchored to sidewalks to avoid
chaining to street lights, traffic signs or other City facilities. Advertising on each rack
would also be limited to displaying the name of the periodical being dispensed.
Recommended standards are generally based on similar standards developed by the Cities
of Los 13atos and Albany.
Under this proposed pro~, newsracks would continue to be owned by major
newspaper publishers and distributors. Private arrangements would then be made between
distributors regarding access to the individual racks. The City would not become involved
in any discussions between the distributors. This is a typical arrangement for surrounding
communities in the vicinity.
The draf~ ordinance also makes provision for creation of a Newsrack Committee, which
would be composed of local publishers, members of the public and City staff for purposes
of advising the City as to the implementation of the ordinance and resolving disputes, if
any, over allocation of newsrack space. Subsequent to the Planning Commission
meeting, staff recommends a change in the establishment of the Committee, which is that
it be an ad hoc committee appointed by the City Manager. Exhibit H shows the
recommended text changes.
The attached draft ordinance has been prepared based on several meetings held between
City staff and local newspaper publishers and distributors, including the San Fraucisco
Chronicle/Examiner, Mercury News, USA Today, Cupertino Courier (Metro
Publications) and several smaller distributors. Testimony of publishers representatives are
contained in the Planning Commission Minutes.
The draft ordinance was considered at a public hearing held by the Planning Commission
on March 22 and May 24, 1999. The Plavning Commission has adopted a resolution
(Exhibit C) recommending City Council approval of the newsrack ordinance amendment.
Minutes of the Plawiug Commission are enclosed as Exhibit D. The Planning
Commission recommends that the newsracks be dark green in color.
RECOMMENDATION
l) Approve the proposed newsrack ordinance and accompanying design specifications,
including the changes shown in Exhibit H.
Enclosures
Exhibit A) Newsrack Ordinance
Exhibit B) Newsrack Specifications
Exhibit C) Planning Commission Resolution #5043
Page 3
!
Exhibit D) Planning Commission Minutes (3/22 and 5/24/99)
Exhibit E) Photographs of Existing Newsvacks
Exhibit F) Photograph of Proposed Modular Newsrack
Exhibit G) Pleasanton and City Solutions Newsraeks
Exhibit H) Staff recommended text changes
by:
Robert S. Cowan Dors~o~
Director of Community Development City Manager
~3:plannigg/ee/newsmeksee62199
Exhibit A
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
ORDINANCE NO. 1830
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
AMENDING TITLE 10 OF THE CUPERTINO MUNICIPAL CODE, REGULATING
PLACEMENT AND DESIGN OF NEWSRACKS ON PUBLIC RIGHTS-OF-WAY
THE CITY COUNCIL OF THE CITY OF CUPERTINO DOES HEREBY ORDAIN that
Chapter 10.21 (Newsrack Ordinance) of the Cupertino Municipal Code shall be amended
to read as follows:
10.21.010 Intent and Purpose
The purpose of these regulations is to acknowledge and achieve the following:
(a) There is a substantial governmental interest in promoting the public health, safety,
welfare and conx;enience by' ensuring that public streets, sidewalks, walkways and
all other rights-of-way are not restricted for public use and access.
(b) Newsracks placed and maintained within public rights-of-way, absent some
reasonable regulation, may unreasonably interfere with the use of such rights-of-
way.
(c) Streets and sidewalks within public rights-of-way are historically associated with
the sale and distribution of newspapers and other publications and access to and
use of these areas for such purposes would not be denied, except where such use
unreasonably interferes with the use of public rights-of-way by pedestrians or
traffic, or where such use represents a hazard to persons or property.
(d) Unrestricted placement of newsracks within public fights-of-way which display or
describe explicit sexual conduct and nudity may constitute an unwarranted
invasion of individual privacy and is unsafe and obscene.
(e) Reasonable accommodation of these competing interests can be achieved by the
adoption of this ordinance, which regulates the' design, placement, maintenance
and time, place and manner of newsracks on public-rights-of-way.
(f) The public health, safety, welfare and convenience require that: interference with
vehicular, bicycle, wheelchair or pedestrian traffic be avoided; obstruction of sight
distance and views of traffic signs and street-crossing pedestrians be avoided;
damage done to sidewalks or streets be minlmiTed or repaired; a positive visual
appearance of public streets and grounds be maintained; trees and other
landscaping be allowed to grow without interference; access to emergency and
other public facilities be maintained; litter adjacent public rights-of-way be
controlled; and access to and from properties adjoining major roadways be
protected.
(g) It is intended that the provisions of this article be consistent with the accessibility
standards established by the Department of Justice pursuant to the Americans with
Disability Act (ADA) of 1990. These provisions affect the general safety and
welfare of all residents and visitors to the City 'of Cupertino and it is the
responsibility of the owner of each newsrack to comply with these provisions.
(h) Improve the aesthetic appearance of streets and roadways in the community by
promoting the placement of modular newsracks rather than stand-alone
newsracks.
(i) The regulation of the sale or free distribution of newspapers and other
publications in vending machines as set forth in this article provides the least
intrusive and burdensome means for ensuring that .the purposes stated in this
section are carried out while still providing ample opportunities for the
distribution of news and opinions to the community.
10.21.020 Definitions
(a) Abandoned newsrack: Any newsrack which has been left empty for a period
of thirty (30) continuous days, except a newsrack remaining empty due to a
labor strike or other extraordinary interruption or publication by the
newspaper or other publication sold or distributed from that newsrack.
Co) Modular newsrack: An industry standard structure composed of a group of
individual newspaper dispensing cabinets mounted in multiple rows of two or
more cabinets on a rack base that is supported by a maximum of two
pedestals.
(c) Newsrack: Any self-service or coin operated box, container, storage unit or
other dispenser installed, used or maintained for the display and sale, or
distribution with or without the charge of newspapers, periodicals or other
publicafions~:
(d) Public right-6f-way: The area and those areas dedicated for public use for
public street purposes, including but not limited to roadways, parkways, alleys
and sidewalks.
(e) Roadway: As defined in the California Vehicle Code.
(f) Temporary newsrack: Any newsrack maintained within a public right-of-way
for a trial period of up to ninety (90) days.
10.21.030 Applicability
This Ordinance shall apply only to newsracks placed within public rights of way or
encroaching over public rights-of-way.
10.21.040 Design Standards
Approval of permits for newsracks shall be based on compliance with the design of
newsracks set forth in the City Newsrack Specifications, adopted separntely by the City,
as well ns the placement nnd maintenance provisions established in this ordinance.
Design Specifications are intended to foster a unified, aesthetically pleasing modular
news~ck configuration.
A publication not previously circulating in a given area which chooses to do so may place
a. temporary newrack for a mnximum of ninety (90) days as long ns:
(1) The news~tck is tagged by the publisher or distributor with the placement
date and date of removal;
(2) By the ninety-first day, the publisher or distributor shall either obtain a
newsrack permit or remove the newsrack;
(3) During the ninety (90) day trial period the owner or distributor shall
adhere to all other aspects of this Chapter.
Failure to comply with any of these requirements shall constitute a violation of this
Ordinance and shall be grounds for abatement in accord with Section 10.21.090.
Page 2
!
10.21.050 Display of certain material prohibited
Publications dispensed from newsracks placed or maintained on or over the public right-
of-way shall not be displayed or exhibited in a manner which exposes to public view
from the public right-of-way the following:
(a) Any statements or words describing explicit sexual acts, sexual organs, or
excrement, where such statements or words have as their purpose or effect
sexual arousal, gratification or affront;
Co) Any picture or illustration of genitals, pubic hair, anuses, or anal regions of
any person, where such picture or illustration has as its purpose or effect
sexual arousal, gratification or affront;
(c) Any picture or illustration depicting explicit sexual acts, where such picture or
illustration has as its purpose or effect sexual arousal, gratification or affront;
(d) Any pictures, photographs, illustrations or pictorial representations of any of
the following:acts: sodomy, oral copulation, sexual intercourse, masturbation,
or a photograph of a penis in an erect and turgid state.
10.21.060 Administrative Authority and Newsrack Committee
There is conferred on the City Manager those powers and duties necessary for the
administration of this Chapter. In addition, there is also conferred upon the City Manager
the authority and power to designate such officers and officials of the City and of other
cooperating public agencies, as may be required to assist in the carrying out the intent and
purp6se of this Chapter. ~Newsmck Committee may also be established by the City
consisting of representati~s of publishers and/or distributors whose publications are
distributed within the community, members of the general public and City staff.
M_ombership of the Newsrat k Committee shall be fo ~ ~ flues ~'~o~, at,d until
successor~s are appoCnted by the City (kmae/t. The Committee shall be advisory
to the City Manage~or the barpose of resolving disputes regarding location of
newsracks, advising the City as to any suggested changes to Design Standards and
resolving disputes regarding ~ llocafion space for newspapers and periodicals.
(a) Each newsrack shall be reasonably kept free of dirt and grease, be free of
graffiti, be reasonably free of chipped, faded, peeling or cracked paint, be
reasonably free of rust and corrosion, have no cracked or broken plastic or
glass parts and have no broken structural parts. Adhesive labels, other than
those required by the City of Cupertino and unrelated to publications, shall not
be displayed on newsracks.
Co) Abandoned newsracks shall be unlawful and may be removed by the City of
Cupertino or its designee pursuant to the provisions of this Article.
Page 3
10.21.080 Permits and Insurance Required
(n) No person shall place, maintain or relocate a newsrack in the City public
right-of-way or which projects onto a public right-of-way unless and until an
encroachment permit has been issued by the City of Cupertino Public Works
Department.
Co) Permits shall not be transferable and shall remain renewable on a yearly
basis for as long as the newsrack complies with the provisions of this
Chapter.
(c) Applications for a permit shall include the name, address, telephone number
and facsimile number of those responsible for the installation, use and
maintenance of the newsrack(s).
(d) The proposed permittee shall provide evidence of adequate types and levels
of insurance as may be required by the Public Works Department. Said
insurance shall be in full force and effect during the time newsrack(s) are
maintained in the City. The certificate of insurance filed with the City shall
include a statement by the insurance carder that thirty (30) days advance
notice shall be given the City prior to cancellation.
(e) A newsrack_:pennit shall be issued within ten (10) working days following
submittal of a complete application if the newsrack complies with the
standards set forth in this Chapter and the supplemental Design Standards.
(f) A person or distributor who has been issued a newsrack encroachment
permit may install and maintain additional newsracks and change the
location of an existing permitted newsrack by requesting a new permit. The
rules and procedures of this section shall also apply to the review and
approval of any such amendment.
(g) Newsrack encroachment permittees shall obtain and display an
identifiCation/permit marker provided by the City or its designee. Such
marker shall be at~cLxed to each permitted newsrack within plain view.
(h) In the event of a change of ownership of a newsrack the new owner(s) shall,
within ten (10) working days, modify the existing permit providing the
name, address, telephone number and facsimile number of the new owner(s)
and obtain and affix a new marker to the newsrack.
10.21.90 Abatement of Violations
(a) Before any newsrack is removed, relocated or corrected by the City, the owner
shall be notified by posting and mailing, where feasible, to the address for
such party as stated on the encroachment permit and given ten (10) days to
remedy the violation and/or contest the removal. If no identification is shown
on the newsrack and no permit has been issued, posting of a notice of
violation on the newsrack itself shall be sufficient. Both forms of notice shall
state the code violation, the length of time within which the violation must be
cured, and the forum within which the owner may contest the removal,
relocation or correction of the newsrack.
Co) The City may immediately correct any violation if such violation is deemed to
be an immediate hazardous or dangerous condition. This may entail
immediate removal and impoundment of a newsrack by the City. If such
action is taken, written notice of such action shall be sent to the permittee or
owner of the newsrack within two (2) working days after impoundment.
Necessary fees shall be charged to the permittee or owner to retrieve the
newsrack.
Page 4
./
(c) Any person notified of a correction or violation under this Chapter may
submit a written request for a hearing before the Cupertino City in accord with
Section 10.21.100 of this Chapter.
(d) The City or its designee may remove a newsrack if the person responsible for
such newsrack has (1) neither requested a hearing by the City pursuant to
subsection "a" nor remedied the violation within thirty (30) calendar days
following the date of the notice; or (2), following an appeal hearing has failed
to. remedy the violation within the (10) calendar days after receiving a copy of
the written decision that the newsrack was installed or maintained in violation
of this Chapter, following a hearing as set forth in this Section.
(e) Removed or impounded newsracks shall be retained by the City or its
designee and may be recovered by their owner within ninety (90) days of their
removal. Newsracks which are not claimed within ninety (90) days shall be
deemed permanently abandoned and shall be disposed according to the
appropriate sections of California Civil Code.
(f) Before release of the newsrack, the person responsible for such newsrack shall
pay an impound fee to the City covering actual cost of~ransporting, storing
and disposini' of such newsracks.
(g) Abatement hereunder is a cumulative remedy and does not prohibit the City of
Cupertino from pursuing other appropriate civil or criminal action with regard
to the enforcement of this Chapter.
10.21.100 Appeal of Decision
An applicant or owner/operator of a permitted newsrack may appeal a denial of a permit
or order of the City or its designee to correct an alleged violation of this Chapter by filing
a written appeal in accord with Chapter 1.16 of the Municipal Code.
10.21.110 Penalty
Any person who violates any provision of this Chapter shall be guilty of an infraction
and, upon conviction thereof, may be punished as prescribed in Chapter 1.12 of the
Municipal Code.
10.21.120 Amortization
Every newsrack within or encroaching into public rights-of-way shall be removed or
otherwise brought into conformance with this Chapter within six (6) months of the
effective date of this Ordinance, including obtaining necessary permits, payment of any
fees, compliance with design and placement requirements and all other sections of this
Chapter.
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
day of ,1999, and ENACTED at a regular meeting oftbe City
Page 5
Council of the City of Cupertino the day of ,1999,
by the following vote:
Vote Members of the City Council
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST: APPROVED:
City Clerk Mayor, City of Cupertino
G:planning/ord/newrack ord2
Page 6
Exhibit B
City of Cupertino
Newsrack Specifications.
Overview and Purpose
The Newsrack Specifications document is intended to supplement the City's Newsrack
Ordinance and provides specific standards as to the placement and design of newsracks
within public rights of way.
Design Standards
Newsracks shall be of a pedestal mounted modular type design permanently affixed to the
sidewalk, or otherwise permanently anchored as approved by the Cupertino Public Works
Department. Design shall be generally consistent with the dimensional requirements as
shown on Exhibit A and shall also be consistent with the following:
(1) Modular racks shall be stacked a maximum of two units high.
(2) There shall be a maximum often rocks per module.
l~epresentafive modular newsrack units which are acceptable to the City include p~s
and trays for Sho-Rack Models 49-15 and 100 styles. Mcdul-'v units d~s~ibuted by C~
~olufiom ar~s -~ '-ee~',.,t~lc. Equivalent modular styles and models may be approved by
the ~ivy council based upon submittal of technical specifications by the applicant.
Single, freestanding newsracks may be approved on an individual basis by the City on a
temporary trial basis for a maximum of ninety (90) days. Up to one freestanding rack is
allowed within a linear distance of 150 feet. Freestanding racks shall be of Sho-Rack TK-
84 design or equivalent, as may be approved by the City. When a minimum of two
newsracks are placed at a single location, as determined by the City Director of Public
Works, newsracks shall be converted to a pedestal-mounted design.
The color of modular newsracks shall be dark green, as approved by the City of
Cupertino Public Works Department and Community Development Department.
The City Council may a~prove enhancements, such as trellises, for newsracks, with the
design and locations to be determined by the Council. The enhancements would be
provided and maintained by the City, although private property owners may provide
enhancements through the discretionary development review process.
Placement Requirements /
An encroachment permit for a newsrack shall be issued to the applicant if the location of
the proposed newsrack complies with all of the following placement standards.
(1) Newsracks shall not project over or onto any street, roadway, or alley;
(2) Newsracks shall be located a minimum of five (5) feet from any marked
pedestrian crosswalk;
(3) Newsracks shall be located a minimum often (10) feet from the curb
return of any unmarked pedestrian, cross~k;.~. ~'
(4) There shall be a minimum oftL~e (3)'I~et frorn~arYy fire hydrant, fire or
police call box or other emergency facility and any newsrack;
.(5) Newsracks shall be located a minimum of p, venty-five (25) feet~from any
(6) NewsracEs shall mdintain a minimum of five (5) feet ahead of and fifteen
(15) feet to the rear of any designated bus stop measured parallel with the
flow of uaffic;
(7)There shall be a minimum separation of three (3) feet between any bus
bench or. bus shelter and a newsrack;
(8)A minimum separation of five (5) feet shall be maintained between a
temporary newsrack and modular newsracks.iA minimum distance of on~_.,.~~~
newsracks;hundred and fifty (150) feet shall be malntain?~~
(9) The proposed newsrack would not create a traffic hazard;
unsafe conditions for persons or
(10) The proposed newsrack would not create
property;
(1 l) The proposed newsrack would not unreasonably interfere with or obstruct
pedestrian or vehicular traffic on the public right-of-way; or obstruct the
placement or operation of any utility located within a public right-of-way;
(12) The proposed newsrack would not reduce passage space for pedestrians to
a dimension of less than four (4) feet;
(13) Private property abutting the location of a proposed newsrack shall be
zoned for commercial, office or multi-family residential uses by the City;
(14) The proposed newsrack would not unreasonably obstruct or interfere with
the use and enjoyment of abutting property.
(15) Newsrack modules shall be located on the inward side of the sidewalk,
with the rack opening facing the street.
Each newsrack shall be installed in a permanent fashion to a public sidewalk. Newsracks
shall not be chained or otherwise attached to a bus shelter, bench, street light, utility pole,
sign pole or other facility, including tree, shrub, tree grate or landscaped area. Should the
newsrack be relocated or removed, the then-owner or operator of the newsrack shall bear
the cost of repairing the sidewalk to a safe and attractive condition as approved by the
Director of Public Works or designee, including filling of bolt anchor holes in sidewalks.
Advertisingon Newsracks
i/acks identification including color logos and rock cards may cover a maximum of up to
25 (twenty-five) percent of each side of the rack. On the door side of the newsrack, the
allowable graphic may either be (1) twenty-five percent of the area; or (2) a standard
placard (maximum 11 inches by 16 inches) plus the name of the publication in letters
with a maximum size of 1 and 1/2 inches. Graphics and rack cards shall not pwmote or
advertise any product, business or service other than the publication being dispensed from
Page 2
the newsmck except when the product, business or service is being specifically promoted
in the publication dispensed from the newsrack.
Permit and Maintenance Requirements
The City's Newsrack Ordinance requires the issuance of encroachment permits by the
Cupertino Public Works Department and also requires that newsracks be permanently
maintained by each owner.
G: plannin~ord/newsrackspecs
Page 3
"-" Exhiwt A ~-'~' '
· · 6
Exhibit
NE WSBA CK
SCALE: 1"-- 1' 6"
, [-2'
· 14° ' P.e" '
6
Exhibit C
Amcndmcnts to Ncwsrack Ordinancc
CITY OF CUPERTINO
10300 Torte Avenue
Cupertino, California 95014
RESOLUTION NO. 5043
OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO
RECOMMENDING APPROVAL OF AMENDMENTS TO CHAPTER 10.21 (NEWSRACK
ORDINANCE) OF THE CUPERTINO MUNICIPAL CODE, REQUIRING MODULAR NEWSRACKS
Approval is based on Draft City of Cupertino Newsrack Specifications, dated 5/24/99 and Draft
Newsrack Ordinance, dated 5/24/99.
PASSED AND ADOPTED this 24~" day of May,.1999, at a Regular Meeting of the Planning Commission
of the City of Cupertino, State of California, by the following roll call vote:
AYES: COMMISSIONERS: Corr, Harris, Kwok, Stevens and Chairmau Doyle
NOES: COMMISSIONERS:
ABSTAIN: COMMISSIONERS:
· "" ABSENT: COMMISSIONERS:
ATTEST: APPROVED:
/s/ Robert S. Cowan /s/David Doyle
Robert S. Cowan David Doyle, Chairman
Director of Commtmity Development Planning Commission
-. g:/pdreportJres/newsrackord52499
EXhibit D
Planning Commission Minutes 6 May 24, 1999
Com. the parking was suitable; facade and lighting appropriate. He expressed concern
about the of increase in accidents because of the parldng in the rear. He suggested the
concept of a sidewalk along the side or additional formal rear entry for customers. He
said that the rear was appropriate.
Com. Stevens said parking is appropriate; the fac~ade spectacular, and was a much-needed
improvement which to thc community. He said unless thc Sheriff's Dep~uhuent felt that
the lighting posed a he felt it was appropriate, and suggested a light along the side
driveway. Hc said it advantageous to formalize thc rear entry as people use it heavily.
He recommended the rear finished or painted.
Chair Doyle said that the with restrictions was appropriate; the new facade and colors
approl~,iate; lighting should be the Sheriff to make sure they agree to the proposal;
rear entry should be identified asand ensure its safety; rear finish on thc facade to have a
finished look and not
Cha/r Doyle summarized the issues: parking appropriate the way it is worked out;
facade is suitable; lighting to be to Department review; rear entry appropriate.
Relative to the remaining issue of the facade, Com. Harris said that although she
supported the application, she could not approve she knew what the rear finish would be.
M~. Helmond assured that the outstanding issue in the rear of the building would be
taken care of to thc salisfaetion of the city. He some trim, and be finished so
that it didn't look like an ~mfinished btlilding
MOTION: Com. Corr moved to approve Application -ASA-98 according to the model
resolution, adding No. 6 that the back facia of the ~ront of the building
will have a finished appearance and some trim 4, inclusion of a side light,
and to subject to review by the other problems
SE~COND: Com. Harris
VOTE: Passed 5-0-0
PUBLIC HEARING
6. Application No. (s): Amendments to Ncwsrack oraln,mce
Applicant: City of Cupertino
Location Citywide
Consideration of amendments to Chapter 10.21 0qewsmek Ordinance) of the Cupertino Munidpal
Code to require modular newsmek~
Tentative City Council hearing date: .lune 21, 1999
Con,hued from Planning Commission meeting of February 22, 1999
Smffpresentation: The video presenmtlon reviewed the application to consider four changes to the
ordinance on newsracks as well as ncwsrack design standards, as outlined in the attached staff
report. Staff recommends approval of the amended newsrack ordinance and the accompanying
design spedfieations. A decision if reached will be forwarded to the Sune 21 City Council
meeting.
Planning Commission Minutes 7 May 24, 1999
!
Mr. leny I4aag. Contract Planner, reviewed the Planning Commission's direction to staff from the
March 23 meeting; to allow publishers to undertake a voluntary, trial upgrade program for
newsracks; consider the draft newsrack ordinance and standards prepared by staff; and provide for
enhanced newsracks at key locations in the city. He said that since thc last meeting thc dra~
ordinance and accompanying standards had been modified based on a subsequent meeting held
with the publishers and distributors on April 30's. Thc publishers and distributors have expressed
their desire to undertake a trial program throughout thc city; however, before they make such a
substantial commitment in new racks, they would like some direction in t~lms of what the city
would like in terms of new standards. Also the publishers are supportive of any city efforts to
provide upgraded racks at key locations which could include such things as add-on trellises or any
kind of integration with street furniture or planters, which would need to be done by the city in
terms of original construction and maintenance. Publishers have expressed that the racks are
expensive and further upgrades should be at city's expense.
Mr. Haag reviewed the four changes as outlined in the attached staff report and responded to
commi-~iOllerS' qllostions.. He said that staff recomm~ilde~ a forest gree~ or beige/tail color for the
newsracks; and recommendS! that the city not charge an encroachment fee.
Chair Doyle opened the meeting for public input.
Mr. Tom Lilly~ said he worked with three other cities on newsrack advisory committees, and
represented a number of publishers with freestsntllng racks in Cupertino. He clarified that when
there is a five foot space between modular units it is an ADA requirement to have fight of
passageway for people going from the sidewalk to their cars on the curbs. He said if there is a
restriction of more than 12 feet of modular racks in 150 foot space in places, and if the sidewalk
allows for, it would potentially force places like the post office to relocate their racks beyond the
area they are 'trying to market with the products. Also when the racks are grouped.together, it
creates a draw to one type of service into one area, which would be disbursed over a large ar~ He
said the publishers would want to be able to group the modulars as close to each other as possible.
He discussed the ratio,~sle for having the newsracks face the sidewalk rather than the street side.
Chair Doyle closed the public input portion of the me~dng.
Com. Corr suggested that the definiiiolls in Section 10.21.020 be clarified. He pointed out that
reference to Section 10.21.100 under Design Standards should read Section 10.21.90, and
recommended the abatements of violations also be clarified relative to leith of time.to remedy a
violation. Com. Harris suggested the wording in. Section (e) (1) be changed to read "neither
roqu~ a hearing by the City pursuant to Subsection (a) above" nor remedied ..... She also
stated that (2) should be specifi~ after a denial, and suggested the wording ... "(2) foilo~ving
appeal hearing, has failed to remedy the within the !0 day~ ...~'
Discns~on confimmt fcgarrrmg the deign standards, placem~ r~ents, appeals process and
composition of the newsrack co ...... ;tt~.
The o~alng issues were stmmun4.zed as: Should an encroachment fee be charged'?, clarify
dofinitiolls; llnmber/module; height; color; orientatiOll; limits on applicability; rear elevation of
- modules; ttlme~lSiOllal ~ composition of llowira~ ~)mmiReO and length of trial lib:tied.
Comments on the issues were as follows:
Planning Commission Minutes 8 May 24, 1999
Com. Stevens said that he felt no fee should be involved. Relative to definitions, he said that if
placement requirements are followed, that one can be put there; it is very conflicting. Number of
modules: 10; height: ADA requirement should dictate; color: beige; orientation: on the inside
facing toward the street; limits on applicability: limit to selected portions of the city; rear
elevation of modules: consistent, with name of product only, not advertisements; dimensional
criteria: as specified on Pages 6-9 and 6-12; committee composition: should consist of newspaper
and one city member; trial period: 3 years.
Com. Kw0k said that he felt no fee should be charged. Definitions need to be clarified whether
modular or stand-alone newsrack; height: ADA requirements; color: blue; orientation: backs of
newsracks facing the street; limits on applicability: citywide; rear elevation of modules:
consistent, per staff recommendations; dimensional criteria: as specified on Pages 6-10;
committee composition: should consist of newspaper and one city member appointed by the City
Manager; trial period: 2 years.
Com. Corr concurred ~ :no fee should be charged. Definitions need to be clarified and
consistent-, number of modtTdes: maximum of 12; height. ADA requirements; color: dark color;
orientation: based on the locale of unit; limits on applicability: citywide; rear elevation of
modules: no advertising other than what is contained in staff recommendations; dimensional
criteria: as specified in staff recommendation; committee composition: per staff
recommendations; trial period: 9_ years.
COm. Harris said that she was in favor of no fee as long as it remains as a non-profit occupation,
however, if it becomes a profit motive issue on the part of the people placing them, the city should.
get a percentage. She said if th~ begin a major mitigation expense that is not being recovered, a
fee would be necessary to cover the non-recovered expense from the violators. She said that the fee
issue'should be r~riewed at the end of the trial period. Definitions: should be uniform; number of
modules: possibly 10 or 5; height: would prefer a height of 50 inches as 54 inches is too high;
color: dark color, orientation: not facing the street, which would encourage people to drive up to
purchase a paper, rear elevation and dimensional criteria: per staff repo~, committee: the section
should add what other two people said as well as .say that the city manager can add community
and/or staff members to the ¢ommlttee; limits on apph'cability and dimemional criteria per staff
report; committee composition: per smifrecommendations; trial period: 1 year.
Chair Doyle: no fee charged; definitions: be coherent; number of modules: 10; height. 4 feet or
less; colors: dark green; orientation: inside the sidewalk, facing out; limitations: specific sites in the
city; rear element control: ifmoved to the/aside, it goes away; if not, keep the controls in the staff
recommendation; dimensions: those specified on Page 6-12 are suitable; composition of
committee: concur with Com. Harris' comment; trial period: depends on limits on the applicability
of the process (if across the entire city, 2 year trial period; if in specific areas of the city, a one year
ial period).
Sumtnaxy of discussion of issues: No fee be charged, with a caveat by Corm Harris that if it gets
too onerous, the fee recovery system be addressed; consistent definitions needed; number of
modules: 10; height of the newracks 4 feet; dark green color, orientation: units facing inside of
meet; citywide placement of modular racks on a trial basis; almensional criteria: per staff
co,,mfitt,~ consisting of publishers and co,,,,,,uaitflstaff as recommended by the City Manager.
Planning Commission Minutes 9 May 24, 1999
Com. Harris clarified changes to be made to Sections 10.21.020, 10.21.040, 10.21.090,
Placement Requirements as discussed earlier ia the meeting.
MOTION: Com. Harris moved approval of the draft City of Cupertino news-rack
specifications dated 5/24/99 as amended this evening, and draft newsrack
ordinance dated 5/24/99 as amended this evening, with the items listed to be
specified as agreed
SECOND: Com. Kwok
VOTE: Passed 5.0-0
Chair Doyle d~clared arec, ess fxom 9:40 to 9:50 p.m.
7. Application No. (s): ! 1-Z-97, 8-EA-95 Amendment to RI-Ordinance
City of C~ertiao
City ide
Public heariag coasider.m amendment to the Siagle Family Resid~tial ordimmce re~diag
baildiag mass, and'height. Discassioa of design gaideliaes, selectioa of represeatative to
review process, s'tr~ trees and stoxy pole policy.
Continued ' Commission meeting ofMay 1 O, ~ 999
Tentative City Council, date: dune 7, ~999
Staff presentation: Ms. that the item was ¢oatiaued bom May 10t~ ia order to
~ Desig~ aad to select an alteraate representative to the Residential Design
Revie'w Committe~. She noted the sta~ re~rt iacluded a review of the process and a re~ort
on tr~ policies.
MOTION: Cora Hard: Steveas as the almmate r~presentafive for the
SECOND: Com. Corr
VOTE: Passed 5-0-0
Mr. Mark Srcbnik~ e, onsulti~ architect, design guidelines were updated to include
the chllllgas ~ at tho Pr~'viou,~ Discussion e~ued where~in the pJm~ning
Co--,~i-~ioaers offered suggestions for further -- and graphic changes to the guidelines.
Mr. Sr~baik said th~ further modifications to the -- t would tm mad~ for cleanup purposes.
Chair Doyle opened the me~tin_g for public commear, was no one present who wished to
MOTION: Com. Corr moved approval of Applicetioa as amended, subjmt to farther
moditic, atioas to the graphics and final review by
SECOND: .Cora Harris
VOTE: Passed 5-0-0
Mr. Cowm reported that ia July ther~ would b~ a public hearing on the R1 ordinance to
r~fl~mt the RHS X~lainm~ent~ for lot~ over 30% slol~ and ~aid that involvement was
ame~sary for strut trms for proj~'~ that do not require discretionary review, the facile of
garages tlmt do not ~ discr~tioaary review.
Planning Commission Minutes 8 March 22, 1999
Chair Doyle said that from a philosophical standpoint, the commumty s wishes should be reflected;
on the five parcels, there was not strong direction from the community. He proposed that Site A
remain development and attempt to have the owner and neighbors reach an agreement of what
should there and potentially proceed on in the future; Site B remain as is. He said Site C should be
lowered what surrounds it; the adjoining property owners and property owner should try to work
out what whether the density is the issue, two stories, or the wishes of the community should be
what dictates it not necessarily by people not related to the project. Site D should meet the staff
leave Site E as is.
Com. Harris that the history of the action being taken was a result of a proposal for a triplex in a
single family as the zoning was for R3 from a carryover. After much time and expense the
result a single Chair Doyle clarified that what they are responsible for is a public review
process; to put togethernotification, and let the community know that there is a potential
for change and they of the issues and perceived problems and be provided the opportunity
for community input.
MOTION: Com. Harris to approve the negative, declaration on Application 1-EA-99
~:..~i~.:.'.. SECOND: Com. Steven?
.~:.'.:;.,:, NOES: Chair Doyle
VOTE: Passed 4-1-0
Chair Doyle noted that his concern related to~ drainage issues discussed.
MOTION: Com. Harris moved to recomm~d the general plan amendment to the City Council on
Application 1-GPA-99 to includ~he four items in the model resolution
SECOND: Com. Kwok ~
NOES: Chair Doyle, Com. Corr ~
VOTE: Passed ' X 3-2-0 '
\
Chair Doyle clarified that the recommendation would be f~rwarded to the City Council to be agendized
within three weeks; the topic would be reviewed together~ith the recommendation of the Affordable
Housing CommiRee, at which time they would make a final dc~c~sion. He said that it was important to get
input at that point, and asked that questions be directed to s~f. X
\
!..: MOTION: Com. Harris recommended a Minute Order to sug~st that the City Council propose that
" the Planning Commission initiate an amendment to tl~ Heart of the City Specific Plan for
Site D to align the dwelling unit range between the genbt'al plan and the specific plan.
SECOND: Com. Stevens
VOTE: Passed 5-0-0
9. Application No.: Amendments to Newsrack Ordinance
Applicant: City of Cupertino
Location: Citywide
Consideration of amendments to Chapter 10~l (Newsrack Ordinance) of the Cupertino Municipal Code to
require modular newsracks.
Tentative City Council hearing date: April 19, 1999
Continued from Planning Commission meeting of February 22, 1999
Staff ~resentation: The video presentation reviewed the background of the item as outlined in the staff
report. Staffrecommendations for the changes to the newsrack ordinance include: (1) The ordinance would
, establish overall purposes and intent; (2) Require issuance of a yearly encroachment permit by the Public
Works Department; (3) Require newsrack contractors to obtain requisite insurance coverage;' (4) Require
i 1-
Planning Commission Minutes 9 March 22, 1999
that newsracks be well maintained. Staff has contacted other cities regarding their adopted standards related
to replacing existing newsracks with uniform, modular newsracks; and will present five alternative design
specifications for Planning Commission review to be forwarded to City Council in April. The Planning
Commission may also direct staffto explore possible enhanced newsrack designs and costs.
Mr. Hang reported that staff met with local newspaper publishers and distributors, including representatives
bom the San Jose Mercury News, San Francisco Chronicle/Examiner; USA Today, and the Metro as well as
many other free periodical distxibutors, to review the standards and come up with the Alternatives 1 through
4, described in the staff report. He reported that Alternative 1 was preferred by the newspaper publishers
which would remove the city from the process, and allow the newsrack distributors themselves to undertake
the voluntary newsraek upgrade program, similar to the one in Los Gatos.
Staff recommends Alternative 3, to consider the attached ch'aR newsraek ordinance and design criteria,
based on what the other cities have accomplished.
Mr. Cowan discussed the location and design of newsracks and pointed out the restraints that the city was
faced with relative to regulating the location of the news'racks. Mr. Hang also answered questions relative to
the proposed design, location _and costs oftbe news'racks.
Chair Doyle opened the meeting for public input.
Mr. Norman Aaro, San Francisco Newspaper Agency, said that he attended meetings with staff and other
agencies, and the newspaper agencies preferred Alternative I with the Memorandum of Understanding,
whereby the newspaper agencies would be responsible for policing the program. Mr. Aaro presented a copy
of the legal proceedings relative to the upcoming hearing in the Federal Court regarding a first amendment
complaint against the City of San Francisco challenging the constitutionality of the newsrack ordinance. He
said that the newspaper agencies were opposed to the City Solutions proposal.
Mr. Aaro said that Alternative 3 would be the second option for consideration, wherein the city's ordinance
would be followed and the agencies would work with the city. He noted that there were proposed
amendments to the ordinance, as they felt some of the setback numbers were unrealistic. He discussed
aspects of the programs followed in Los Gatos and Saratoga relative to the design and location of the
newsracks.
Mr. Haag reported that in previous discussions with newspaper distn'butors, they volunteered to purchase
the modular units and install them at their cost. City Solutions indicated they would make available their
modular newsracks for the newspaper agencies to purchase.
Mr. Dennis Obsul, USA Today, said that he has worked with staff and submitted recommendations, and was
supportive of the mamoraudum of understanding. He said that he has worked with other cities and
participated in various programs including memorandums of understanding, and voluntary rack agreements.
He said that USA Today and other publishers objected to having a third party vendor sell advertising on the
newspaper racks and earn a profit from the various publications.
Mr. Aaro said that relative to the advertising on the City Solutions' racks, they were stating that it was
unconstitutional as it required the publisher to be associated with the advertising, and specified that third
party ads are not allowed. The newspaper racks are placed in a public forum and with the advertising, it is
similar to associating the publication and their editorial policies with some outside advertiser utilizing their
stand.
Ms. Murray explained that she was not able to obtain the complaint relative to the San Francisco lawsuit.
She said there were f'n~t amendment concerns associated with restricting newspapers, and she had not
addressed the annual encroachment permitting issue that could be resU, ictive~ or the cost being too restrictive
for smaller newspapers. She said that when restricting the freedom of the press, there is always the
Planning Commission Minutes t0 March 22, 1999
possibility of a lawsuit, and noted that legal counsel would review the San Francisco lawsuit before making
a decision on the ordinance.
In response to Com. Harris' question, Mr. Haag reiterated that City Solutions would make available the
modular racks for sale.
Chair Doyle closed the public input portion of the meeting.
Com. Harris said that she was not supportive of Alternative 2, and was not supportive of including a third
party vendor with ads; otherwise she would favor a blending of Alternative 1, 3 and 4. She suggested an
attractive newsrack, and the newspapers to be involved in a voluntary program which would satisfy them
and their needs and the enhanced newsrack which is the City Council choice. She said the modular racks
shown were an improvement over random ones in varying state of disrepair, and with various shapes, sizes
and colors. Com. Harris said that a committee should consist of staffmembers also.
Com. Corr said that he was not comfortable with Alternative 1 because he had of lack of confidence that it
would get accomplished; he was not in favor of Alternative 2 involving third parties, although he felt it
would be advantageous to get. people involved. He said he preferred Alternatives 3 or 4, and would prefer
t ling new news ks, seeig p ticular sites would work and those that would not work, and then
return with an enhancement later. He said he felt the stands with pedestals would be safer. Com. Con' said
that his first choice would be Alternative 3, and Alternative 1 second choice.
Com. Kwok said that Alternative 2 was definitely not suitable; Alternative I had some merit and could be
tried on a trial basis for 6 months to a year, with a staff member representing the city's interest; Alternative
3 was suitable; Alternative 4 enhanced would be appropriate if implemented on certain major intersections
in the city, perhaps a hybrid of 3 and 4.
Com. Stevens said that Alternative 1 would allow freedom and a review or city contact pemon, to allow
communication both ways, which is important because it involved public streets, not private areas. He said
he felt Alternativ~ 2 with a third party would not be appropriate. He said he preferred Alternative 3 but did
not like the modular racks; Alternative 4, the enhanced newsracks would be of interest, but should be on
designated public streets, at city cost, not publisher's cost.
. Chair Doyle said he felt Alternative 1 would be the preferred mode, with staff and city input at some level
,~ ':.' 2 as part of that group to assure that it reflec~ their input, and create an ordinance and proposal that could be
agreed upon. He said that enhancements could bo added later. He summarized that there was consensus to
work on Alternative l, with city input, with the goal to creating Alternatives 3 and 4. He noted that the
ordinance did not necessarily have to change significantly, but that a memorandum of agreement should be
the result.
Mr. Haag summarized that the goal would be to have the city create a newspaper publishers' voluntary
committee with staff assistance and input to addre~ coming up with a Memorandum of Understanding or
new draft ordinance. He said most of the cities' participation would be ongoing, in order to monitor
maintenance and any pi)tential disputes. Ms. Murray clarified that it would be adopted as an ordinance, and
the MOU would be supplemental to the ordinance.
Mr. Cowan said that staffwould meet with the publishers again, and Assistant City Attorney Murray would
review the San Francisco case.
Com. Corr emphasized that it was important to address the gra~ti issue relative to the newsracks, and the
issue of location of the newsracks beyond the public right of way. Mr. Haag said that it had been debated
with the publishers and they were adamantly opposed to any private property restriction; and as a planner,
the city should have some control over zon~n, g requirements either through a site plan review, conditional
use permit, or variance. He said if it were a private issue, there would be some way to regulate it. Ms.
Planning Commission Minutes M rch 22, 1999
Murray said that it was difficult to regulate fiewspapers on private property; and it was not an area where the
city could want to restrict people's right to free press. Discussion continued regarding inappropriate images
or display of materials which would be visible from the newsracks. Methods for dealing with violations and
infractions were also briefly discussed.
MOTION: Com. Harris moved to continue the Amendment to the Newsrack Ordinance to the May
24, 1999 Planning Commission meeting
SECOND: Com. Corr
VOTE: Passed 5-0-0
OLD BU~SS: None
NEW BUSINESS: None '
REPORT OF TH~PLANNING COMMISSION: Com. Harris submitted a list of suggested items to be
included as ~cussio'axtopics when the workshop for the new Commissioners was held. Mr. Cowan asked
for additional suggestio~for the list.
\
There wasa brief discussio~~g the agenda for the special March 29~' meeting.
REPORT OF THE DIRECTOI~OF COMlVlIJNITY DEVELOPMENT: None
DISCUSSION OF NEWSPAPER ~PINGS: None
ADJOURNMENT.' The meeting~adjoumed at 10:10 p.m. to the special Planning Commission
meeting at Mar~h 29, 1999 at 7:00 p.m.
Respectfully Submitted,
Recording Secretary
Approved as pre~entevL' April 12, 1999
IM--23
Exhibit F
She-Rack. Modular Units
With increased demand for multiple newspaper
sales outlets, Sho-Rack, now offers more choices
of
attractive, durable Modular units.
Modular units by She-Rack, can be tailored to
meet your needs by displaying a varioty of
configurations. Compact and eye pleasing, ~:dJmz~ ~ = Star . . :
for indoor or outdoor locations. -
· GAZE'rTE * -
Complete pre-shipping assembly is offered on all
modular units.. ·
· .~.:~ 16's stacked on top of an MS-1
.'.':i ~ mounted on an IdBtl2 double wide
· ::: . ~y on a single MP#1 Pedestal.
~ :. ~": Regular Modular Trays and
..... Pedestals. Zinc plated before
the elements, Unit shown is an MS-1
. , spacer on an MB#3 triple wide tray
;..-...,:' mounted on 2 MP~ pedestals.
RECOMMENDED PARTS NEEDED
TRAYS PEDESTALS SPACER
15~" deep (front to back) 18' WIDE, 63/~" deep, 14" x 14" base MS#I
SHe-RACKS~ MB#I MB#2 MB#3 MP#1 MP~ MP~ 24" wide
TO BE Single W'K~ Double Width Triple Width 15 A' high 19' high 23' high 15" d. eep
DISPLAYED 24 %' wide 48 ~/~' wide 72 ~/,~' wide 26 lbs. 28 lbs. 32 lbs. 3 ~ high
14 lbs. 22 lbs. 31 lbs.
Shipping Wt. Shipping Wt. Shilling Wt. Shipping WL Shipping Wt. Shipping Wt. 9 lbs.
Shipping wt.
ONE K-100 One Needed One Needed Spacer ts used to raise
TWO K-lOO's One Needed One Needed two k-49-16 to equal the
THREE K-lOO's One Needed Two Needed Two Needed height of one K-lO0.
TWO K-49-16 (Stacked) One Needed One Needed
TWO K-49-16 (Side-by-Side) One Needed One Needed
THREE K-49-16 (Side.by. Side) One Needed Two Needed
FOUR K-49..16 (Stacked) 2 HIGH
2 WIDE One Needed One Needed
SIX K49-16 (Stacked) 2 HIGH
3 WIDE One Needed Two Needed
ONE K-100 and
TWO K-49-16 (Stacked) One Needed One Needed One Needed
TWO K-100 and One Needed Two Needed One Needed
TWO K.49-16 (Stacked)
ONE K-I~ and 2 HIGH
FOUR K-49-16 (Stacked) 2 WIDE One Needed Two Needed One Needed
Exhibit H
10.21.050 Display of certain material prohibited
Publications dispensed from newsracks placed or maintained on or over the public right-
of-way shall not be displayed or exhibited in a manner which exposes to public view
from the public right-of-way the following:
(a) Any statements or words describing explicit sexual acts, sexual organs, or
excrement, where such statements or words have as their purpose or effect
sexual arousal, gratification or affront;
Co) Any picture or illustration of genitals, pubic hair, anuses, or anal regions of.
any person, where such picture or illustration has as its purpose or effect
sex~..al arousal, gratification or affront;
(c) Any picture or illustration depicting explicit sexual acts, where such picture or
illustration has as its purpose or effect sexual arousal, gratification or affront;
.._.'
(d) Any pictures, photographs, illustrations or pictorial representations of any of
the following acts: sodomy, oral copulation, sexual intercourse, masturbation,
or a photograph of a penis in an erect and turgid state.
10.21.060 Administrative Authority and Newsrack Committee
There is conferred on the City Manager those powers and duties necessary for the
administration of this Chapter. In addition, there is also conferred upon the City Manager
the authority and power to designate such officers and officials of the City and of other
cooperating public agencies, as may be required to assist in the carrying out the intent and
purpose of this Chapter. A Newsrack Committee may also be established by the City
Manager consisting of representatives of publishers and/or distributors whose
publications are distributed within the community, members of the general public and
City staff, or other members as determined by the City Manager.
Terms of mMembership of the Newsrack Committee shall be determined by the City
Manager. for a t~'m ofth_~__- yto'~ o-"t '-~fil v'cct~sor mtmb~r~ o-e at~point~ by +_hr
City Co-'-¢ik The Committee shall be advisory to the City Manager for the purpose of
resolving disputes regarding location of newsracks, advising the City as to any .suggested
changes to Design Standards and resolving disputes regarding allocation space for
newspapers and periodicals.
10.21.070 Maintenance
(a) Each newsrack shall be reasonably kept free of dirt and grease, be free of
_ graffiti, be reasonably free of chipped, faded, peeling or cracked paint, be
reasonably free of rust and corrosion, have .no cracked or broken plastic or
G:planning/ord/newsrack ord~han~
City Hall
.A 10300 Tone Avenue
Cupertino, CA 95014-3255
of Telephone: (408) 777-3220
~.U.f.~e.l~_.~fi 0 FAX: (408)777-3366
DEPARTMENT OF ADMINISTRATIVE SERVICES
SUMMARY
Agenda Item No. { ~' Meeting Date: June 21, 1999
SUBJECT AND ISSUE
Adoption of the 1999/00 City Budget.
BACKGROUND
The purpose of tonight's hearing is to give the public a final opportunity to ask questions
concerning City programs before adoption of the 1999/00 budget. A public heating was held
during the Council meeting of June 7 to conduct a preliminary review of the annual budget.
- An in-depth review of the budget document was presented to City Council at the budget work
session on May 24. Council discussed the general fund financial position, five-year projections,
departmental budgets, proposed new programs and the five-year capital improvement program.
Staff was directed to include the following new programs in the 1999-00 budget:
1. Funding for transition period for the Emergency Preparedness Coordinator ($20,000).
2. Funding for a graffiti removal contract ($50,000).
3. Continuation of the Public Dialogue Consortiums community outreach efforts ($30,000).
4. Facilitation and implementation of a neighborhood center revitalization program ($20,000).
5. Funding for stage curtains at the Quinlan Community Center ($10,000).
6. Continuation of youth counseling referrals (Social Advocacy for Youth) ($7,500).
7. Funding for festival security at Memorial Park ($5,000).
8. Funding for voter education program for grades K-12 ($5,000).
In addition, staff requested an additional $25,000 at the June 7~ meeting to fund the preferred
vendor bid on the Parks and Recreation Ree Computer System. This addition is within the
$200,000/year for new equipment authorized under the Teeh 2000 plan.
Printed on Flecycled Paper (
RECOMMENDATION
· Receive public comments.
· Grant a negative declaration.
· Adopt Resolution establishing an operating and capital budget for fiscal year 1999/00.
· Adopt Resolution establishing an appropriation limit for fiscal year 1999/00.
Submitted by: Approved for submission:
Carol A. Atwood
Donald
Director of Administrative Services City Manager
RESOLUTION NO. 99-185
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
ADOPTING AN OPERATING AND CAPITAL IMPROVEMENT BUDGET FOR
FISCAL YEAR 1999-00 BY RATIFYING ESTIMATES OF REVENUES TO BE
RECEIVED IN EACH FUND AND APPROPRIATING MONIES THEREFROM FOR
SPECIFIED ACTIVITIES AND ACCOUNTS AND SETTING FORTH
CONDITIONS OF ADMINISTERING SAID BUDGET
WHEREAS, the orderly administration of municipal government is dependent on the
establishment of a sound fiscal policy of maintaining a proper ration of expenditures within
anticipated revenues and available monies; and
WHEREAS, the extent of any project or program and the degree of its accomplishment,
as well as the efficiency of performing assigned duties and responsibilities, is likewise dependent
on the monies made available for that purpose; and
WHEREAS, the City Manager has submitted his estimates of anticipated revenues and
fund balances, and has recommended the allocation of monies for specified program activities;
NOW, THEREFORE, BE IT RESOLVED that the City Council does hereby adopt the
following sections as a part of its fiscal policy:
Section 1: The estimates of available fund balances and anticipated resources to be
received in each of the several funds during fiscal year 1999-00 as submitted by the City
Manager in his proposed budget and as have been amended during the budget study sessions are
hereby ratified.
Section 2. There is appropriated from each of the several funds the sum of money as
determined during the budget sessions for the purposes as expressed and estimated for each
department.
Section 3. The City Manager is hmby authorized to administer and transfer
appropriations between Budget Accounts within the Operating Budget when in his opinion such
transfers become necessary for administrative purposes.
Section 4. The Director of Administrative Services shall prepare and submit to City
Council quarterly a revised estimate of Operating Revenues.
Section 5. The Director of Administrative Services is hereby authorized to continue
unexpended appropriations for Capital Improvement projects.
Resolution No. Page 2
Section 6. The Director of Administrative Services is hereby authorized to continue
appropriations for operating expenditures that are encumbered or scheduled to be encumbered at
year end.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of
Cupertino this 21st day of Sune 1999, by the following vote:
Vote Members of the City Council
AYES:
NOES:
ABSENT:
ABSTAIN:
APPROVED:
Mayor, City of Cupertino
ATTEST:
City Clerk
RESOLUTION NO. 99-186
,_.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
ESTABLISHING AN APPROPRIATION LIMIT FOR FISCAL YEAR
1999-00
WHEREAS, the State of California has adopted legislation requiring local jurisdictions to
calculate their appropriation limits in complying with Article XIII B; and
WHEREAS, said 1/mits are determined by a formula based upon change in population,
(city of county), combined with either the change in inflation (California per capita income) or
the change in the local assessment roll due to local nonresidential construction; and
WHEREAS, the local governing body is required to set an appwpriafion 1/mit by
adoption of a resolution; and
WHEREAS, the county population percentage change 2.33% and the California per
capita personal income change is 4.53%.
In computing the 1999-00 limit, City Council has elected to use the city population
percentage change, and the California per capita income change was used, but the Council has a
right to change nonresidential assessed valuation percentage when the figure is available.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Cupertino
hereby approves a 1999-00 fiscal appwpriafion limit of $39,059,063.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of
Cupertino this 21st day of Sune 1999, by the following vote:
Vote Members of the City Council
AYES:
NOES:
ABSENT:
ABSTAIN:
APPROVED:
Mayor, City of Cupertino
ATTEST:
City Clerk
Cupertino
Office of the City Attorney Charles T. Kilian
10320 S. DeAnza Blvd., #1D CRy A~omey
Cupertino, CA 95014 Eileen Murray
Ph: (408) 777-3405 Assistant City Attorney
Fax: (408) 777-3401
June 10, 1999
Honorable Mayor and City Council Members
City of Cupertino
10300 Tone Avenue
Cupertino, CA 95014
RE: LAFCO Indemnification Agreement
Dear Mayor and Council Members,
LAFCO is pursuing an indemnification policy designed to protect the County general
fund from litigation costs related to CEQA when proposals are approved at the request of a
private party, city or special district. This policy will shift the financial responsibility for
litigation costs away from the County to the city in many cases. The LAFCO proposal
requires that the applicant city and/or private party file an indemnification agreement as a
condition of project approval.
On March 22, 1999, LAFCO staff held an informational meeting for all agencies. All
attendees (representatives from six cities) were unequivocally opposed to thc LAFCO
Indemnification Agreement proposal. Attached you will fred the proposed LAFCO
Indemnification Agreement for your review. The proposal will be reviewed by LAFCO on
August 11, 1999. The only stated reason presented by LAFCO staff in support of this new
policy is that LAFCO "cannot afford to respond to environmental litigation' even if LAFCO is
the lead agency.
It is my reco~on that the City Council direct this office to prepare a formal
opposition letter signed by the mayor to be directed ~o LAFCO prior to the meeting of August 11.
If you have any questions, I will be happy to answer them either before or at the next
council meeting.
City Attorney
cc: Don Brown
City Clerk
County of ganta Clara
mnly Govemmenl Center. East ~,'J115~
,o,,
San Jo~. ~lifornia g51 I 0
(~) 2~2424 F~X 205- I ~ 13
AuttimR ~rias. Execulive Director
May 5, 1999
TO: City Planning Directors
City Attorneys
Special District General Managers
FROM: Autumn Arias, Executive Directod ./~/-~/
SUBJECT: Review of Proposed Indemnification Agreement Requirement
To Be Heard By LAFCO on August 11,1999
This memorandum is being circulated, along with proposed indemnification
_ agreement language, to all dries and special districts in Santa Clara County for your
review and comment. At the April 14, 1999 meeting of the Santa Clara County Local
Agency FOrmation Commission (LAFCO), the Commission directed staff to review
the issue of proposed indemnification of LAFCO, as it relates to CEQA litigation,
with local agencies and to then agendize the proposal for action at a future LAFCO
meeting.
All agencies were invited to attend a March 22 meeting to discuss the proposed
indemnification requirement. Rep. resentatives of six cities attended the meeting,
· and while none of these representatives supported the requirement, they
nonetheless offered suggested changes to the draft language in anticipation of
further review and comment. These changes have been incorporated into the
enclosed draft agreement. The changes include:
· adding the Real Party In Interest as a party to the agreement.
· requiring LAFCO to notify the Applicant and Real Party In Interest
within 14 days (as opposed to 60 days) of receipt an any claim
triggering the indemnification. (Although city representatives
suggested a time period as short as 10 days, LAFCO staff feels a 14 day time
· Peri°d is a more feasible response time).
- · narrowing the indemnification so that it excludes those actions
caused by the sole gross negligence or willful misconduct of
personnel employed by LAFCO.
Con]missionem: Bianca Alvarado. Margie Fernandes. Pat Figueroa. Micl~ael M. Honda. Susan vicklund Wilson
Commission Secretary: (408) 299-4321
Indemnification Agreement Review
May 5, 1999
Page 2
A long lead time has been established in order to give agencies time to review
the language within their organization and to offer further comment if
desired. It is requested that any written materials be submitted to LAFCO by
July 19, 1999 in order to be included in the agenda packet for the August 11
meeting... Of course, agency representatives, other affected parties and the
public are invited to speak to the issue during the hearing on August 11.
The proposal will be publicly noticed prior to the meeting. The proposal will
also be brought to the County Board of Supervisors and to the Santa Clara
County Cities Association.
LAFCO staff is pursuing ~n indemnification policy in order to protect the County
General Fund from litigation costs related to CEQA when proposals are approved at
the request of a private party, city or special district. The County is the only agency
which funds LAFCO. LAFCO has the authority to establish fees to recover the cost
of proceedings pursuant to Government Code section 56383. In lieu of requiring a
large contingency deposit to protect against potential lawsuit costs, LAFCO proposes
to recoup any court expenses by entering into an indemnification agreement
This shifts the financial responsibility away from the County General Fund and to
the applicant who requested the LAFCO action. It is fair and equitable that costs
associated with project approval be paid by the project proponents, who benefit from
the action. In recent years, other LAFCOs have adopted broad indemnification
language to protect themselves from all claims, including attorneys' fees, actions or
proceedings against LAFCO. The LAFCOs of E1 Dorado, Fresno, Imperial, Kern,
Lake, Los Angeles, Monterey, Orange, Riverside, San Bernardino, San Joaquin,
Santa Cruz, Solano and Sonoma counties have all adopted such language. These
indemnifications go far beyond the limited CEQA indemnification proposed by
Santa Clara County LAFCO.
LAFCO considered an indemnification requirement in 1996 based upon a proposal's
consistency with the local agency's policies and ordinances. Although LAFCO met
with several cities at that time, an agreement was never reached and the
Commission deleted the proposed indemnification requirement from the "LAFCO
Filing Requirements" package that was then under consideration. At this time,
LAFCO staff is seeking indemnification based upon CEQA compliance only, rather
than based upon the broader concept of substantial compliance with all of an
agency's policies and' ordinance. The proposed LAFCO filing requirement proposal
would require the applicant and the real party in interest to file an indemnification
statement as a condition of project approval.
Indemnification Agreement Review
May 5, 1999
Page 3
The statement would be an agreement to indemnify and defend LAFCO against any
CEQA litigation arising from a proposal requested by an applicant and approved by
LAFCO. For any proposals filed by petition of landowners and not requested by the
local agency, the landowners would be required to file the indemnification statement
and the affected local agency would not.
If approved, the indemnification requirement would become effective for all future
proposals filed with LAFCO, as well as any proposals which have not yet been
determined to be complete at the time the requirement is approved (proposals which
have only been partially filed and are still undergoing work to fill all requirements,
such as mapping, environmental documentation, etc.)
Please call me at (408) 299-3800 x7027 if you have any questions.
Enclosure
DRAFT
Malt 5. ~999
LAFCO INDEMNIHCATION AGREEMENT
This agreement is entered into this. day of ,19 , by and
among (hereinafter "Applicant"),
· (hereinafter "Real Party in Interest"), and Santa
Clara County Local Agency Formation Commission (hereinafter "LAFCO").
WHEREAS, LAFCO has approved the proposal designated as
· subject to certain
conditions including an indemnification agreement;
NOW THEREFORE THE PARTIES AGREE AS FOLLOWS:
1. Applicant and Real Party in Interest, if different, agree to defend,
indemnify and hold harmless LAFCO, its officers, employees, and agents,
from and against any daim (including attorneys' fees), action or proceeding
against LAFCO or its officers, employees, and agents, which concerns or arises
from the compliance of the proposal designated as
With the California Environmental Quality Act (CEQA), excepting only those
actions caused by the sole gross negligence or willful misconduct of LAFCO
employees ....
2. Notification and Cooperation: LAFCO shall promptly notify the
Applicant and Real Party In Interest of any claim, action, or proceeding
against which LAFCO seeks to be defended, indemnified, and held harmless.
If LAFCO fails to notify the Applicant and Real Party In Interest within
fourteen days of receipt of any such claim, action, or proceeding, or fails to
cooperate fully in the defense thereof, the Applicant and Real Party In Interest
shall not thereafter be responsible to defend, indemnify, and hold harmless
LAFCO if such failure to notify or cooperate was significantly prejudicial to
the Applicant and Real Party In Interest.
3. In the event the claim, action or proceeding against LAFCO, its
officers, employees, and agents involves issues in addition to CEQA
compliance, the Applicant, Rea] Party In Interest and LAFCO shall divide the
defense so that the Applicant and Real Party In Interest shall be responsible
only for the CEQA portion of the claim, action or proceedin§, unless the
Applicant, Real Party In Interest and LAFCO a~ree otherwise in writin§.
4. Fees and Costs: Nothing contained herein shall prohibit LAFCO
from participating in the defense of any claim, action, or proceeding if either
of the following occur: (1) LAFCO bears its own attorneys' fees and costs; or
(2) LAFCO, the Applicant, and Real Party In Interest agree in writing to the
Applicant and Real Party In Interest paying part or all of LAFCO's attorneys'
fees and costs.
5. Settlement: The Applicant and Real Party in Interest shall not be
required to pay or perform any settlement unless the Applicant and Real
Party in Interest have approved the settlement. When representing LAFCO,
the Applicant and Real Party In Interest shall not enter into any stipulation or
settlement modifying or affectin§ the interpretation or validity of'any of the
terms or conditions of the approval without the prior written consent of
LAF¢O.
6. Successors Bound. "Applicant" shall include the applicant and the
successor(s) .in interest, transferee(s), and assign(s) of the Applicant. "Real
Party In Interest" shall include the real party in interest and the successor(s) in
interest, transferee(s), and assigns of the real party in interest.
2
?. Notices: All notices required to be given pursuant to this
Agreement shall be in writing and shall be delivered in person, delivered by
electronic facsimile, or deposited in the United States mail, certified mail,
return receipt requested, addressed the parties as set forth below:
LAFCO APPLICANT REAL PARTY IN INTEREST
Autunm H. Arias
Executive Director
70 W. Hedding Street
11th Floor
San Jose, CA 95110
8. Authority to Execute: The persons executing this Agreement on
behalf of the parties warrant that they are duly authorized to execute this
Agreement.
Cupertino
PUBLIC WORKS DEPARTMENT
Summery
AGENDAITEM ~ ~ AGENDADATE ~-~- c~
SUBJECT AND ISSUE
Review of bids for De Anza Blvd. Arterial Management Project 9524.
BACKGROUND
The following is a summary of bids received for the referenced project'
Bidder Base Bid Additive Total Bid Bond
Alternate
Mike Brown Electrical Co 346,610 94,650 $441,260 Yes
Rosendin Electric, Inc. 297,622 80,900 $378,522 Yes
-' Tennyson Elect 371,180 106,000 $447,180 Yes
This project is one phase ora larger project to upgrade the City Traffic Signal
interconnect system. This portion would involve all the Hardware necessary such as
Controllers. This project is founded by a federal grant.
The engineer estimate is $260,150 and the lowest bidder is $378,522. Based on the bids
received which substantially exceed estimate, staff would suggest rejecting all bids and
advertise the project as labor only and city purchases the materials.
STAFF RECOMMENDATION
Staff'recommends that the City Council rejects all bids and authorize staffto re-advertise
the project as labor only.
S~~~ Approve~l fo: submission:
Ilo~d D.~rown
~ir~-tor c~. Public Works City Manager