09. So. Vallco Main Street SupplementsL ~I I-ZO ~ G~
Kimbe
Smith
From: Linda Lagergren
Friday, January 16, 2009 4:22 PM
Sent: Grace Schmidt; Kimberly Smith
To: FW: Request for Agenda Placement for the Sand Hill /Main Street Project
Subject:
Regarding Agenda item for Tuesday, Jan. 20~"
From: Ken Wong [mailto:kensbizness@yahoo.com]
Sent: Friday, January 16, 2009 1:31 PM
To: Dolly Sandoval; Orrin Mahoney; Kris Wang; Gilbert Wong; Mark Santoro; Cupertino City Manager's 0 ice
Cc: Jennifer Chang; Kenny Chao; Karen Law; Iming44@hotmail.com; youngjae@stanfordalumni.org;
mail.com; daniel_ouyang@yahoo.com; emily_shieh@yahoo.com;
john_pascuzzi@yahoo.com; tonyhlee@g ed anne2l@yahoo.com; rsu@broadcom.com
angeline.f.lim@gmail.com; elainechg@gmail.com; ragg y
Subject: Request for Agenda Placement for the Sand Hill /Main Street Project
Dear Mr. Knapp and Members of the City Council:
The ro osed agenda for the upcoming City Council Meeting on Tued toned n our ope forum statement d on
p P
the city's website. As many of the Metropolitan homeowners have m
some Metro olitan residents have chosen not to attend the recent Cityo °~ a nts~includingubut not limit d to,
P _
scheduling of the Sand Hill /Main Street Project because of various c
arents having young kids at home, commitments in the earl3 ri ~~ slna~icular age da item dhd not start unt 1
p p
As with the most recent City Council Meeting on January ,
almost 10 PM, more than 3 hours prior to the start of the erstwould likes to be predsentla d speak on this
midnight...times that are too late for some. Our homeown
important topic but have been deterred by the uncertainty of time when this topic will begin.
ecificall the ark size and the design of the retail building off
Given the importance of this agenda item (sp Y p
lco Parkway and to allow for other Cupertino residents to be heard, em ewe do appregCUate your Sand Hill
Val Y
/ Main Street Project (currenthould ou~request be ac~ mmodat d, p ease let me know so I can communicate
considering our request and s
your decision to others in our homeowners association.
Best regards,
Ken Wong
19503 Stevens Creek, #339
Cupertino, CA 95014
r~- ,r
Linda Lagergren
From: Christina Fung [christinafungchang@gmail.com]
Sent: Sunday, January 18, 2009 9:48 PM
To: Kris Wang : z r -, ; , E. ,_ ~.~ ~ .. ,`; ; ~ r ~~ ti; ~, ~ ~ .--, r,, t ; . ;- i j a ;~ ~~~ ,~:>v~ >-,,
Subject: Metropolitan homeowners want 1 acre park but don't want the truck loading dock
We are homeowners of Metropolitan, Christina, Song and Philip, We cannot come for the City Council Meeting
on Jan 20. But we want to let the Council know we want the 1 acre park and please do not build the truck
loading dock. Thank You.
~~-/ i - z D ~ Gq
Linda Lagergren
From: choonsu park [peterpark99@yahoo.com]
Sent: Monday, January 19, 2009 7:11 PM
To: Orrin Mahoney
Cc: Kris Wang; Gilbert Wong; Mark Santoro; Dolly Sandoval; Cupertino City Manager's Office
Subject: Park near Metropolitan condo
Hi,
I live at 19503 Stevens Creek Blvd. # 121(Metropolitan Condo) and
would really like to have a park near here instead of having loading dock next to
my house.
I have two kids and park will be very useful for them to play around.
Regards,
choonsu Park.
GC /I -Z~-a~'
r ~ .~
Linda Lagergren ~
From: Ming Tsung Liu [chptrx@hotmail.com]
Sent: Monday, January 19, 2009 9:32 PM
To: Orrin Mahoney
Subject: Metropolitan @ Cupertino: We want our 1 acre park as orginally planned, and we need your
support and help!!!
To whom It May Concern:
My name is Ming-Tsung Liu, currently own and live at unit 267 as my primary resident. One of the
reasons back in 2007 when I bought this beautiful condo was the projected 1 acre park. Now they(Sand
Hill Project) are reducing our 1 acre park project to .56 acres park, thinking we will not notice the change.
Most important, my wife and I are expecting a baby. The 1 acre park is important to us and particularly
to all the parents in Metropolitan at Cupertino. It is definitely a wonderful place(Metropolitan at
Cupertino) to live where your children and the parents and the elderly can spend time and take a short
walk together in the park. We are asking you... Please keeping our 1 acre park for us and our kids for
the future, thank you.
Kindly,
Ming And Joyce
Suite 267, Metropolitan At Cupertino
~" 7
Linda Lagergren `
From: Irene Niazov [iniazov@hotmail.com]
Sent: Sunday, January 18, 2009 8:39 PM
To: Orrin Mahoney; Kris Wang; Gilbert Wong; Mark Santoro; Dolly Sandoval; Cupertino City
Manager's OfFice
Subject: Concerns about Sand Hill Project and Proposed Loading Dock
Dear City Council Members,
My name is Irene Niazov. I am a homeowner at the Metropolitan Condominiums, Unit 225. I would like
to state my support to keep the Sand Hill Park at one acre. The full acre would allow more residents to
use the park on a daily basis and be a bigger draw for the community. I, myself, would find personal
enjoyment from it because I would be able to take walks around Sand Hill Park rather than drive to
Memorial Park to take my walks.
Additionally, I want to voice my concerns about the proposal to build a loading dock near this property. If
at all possible, I would prefer for the loading dock to stay at Vallco Parkway and away from Metropolitan.
I am most concerned about the increased noise and pollution that the dock would cause. The dock would
force me to keep my doors and windows closed to avoid both the noise and dust from the constant
movement of the trucks. Overall, the loading dock would prevent me from enjoying my home as I have in
the past.
Finally, I apologize that I will not be able to attend the City Council meeting because of my difficulty
driving at night. I hope that my voice will be heard through this e-mail and the presence of the other
Metropolitan residents.
Sincerely,
Irene Niazov
Windows Liver`": Keep your life in sync. Check it out.
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CUPERTINO
PUBLIC WORKS DEPARTMENT
Ralph A. Qualls, Jr., Director
CITY HALL
10300 TORRE AVENUE ~ CUPERTINO, CA 95014-3266
(408) 777-3354 ~ FAX (408) 777-3333
MEMORANDUM
DATE: January 15, 2009
TO: Aki Honda, Planning
FROM: Glenn Goepfert, Public Works
SUBJECT: Main Street Developr~lent: Vallco Parkway
Public Works would like to make the following additional comments regarding the subject
development.
1. PEDESTRIAN CROSSWALK ENHANCEMENT
The developer is required to contribute to pedestrian crosswalk enhancements along
Stevens Creek Boulevard
2. VALLCO PARKWAY CONFIGURATION
As I stated at the January 12 Council meeting, Public Works has no objection to the
applicant's proposal to change the Vallco Parkway lane configuration to allow
angled parking along the project's frontage along the south side of the roadway.
The lane configuration alternatives that would accomplish this without removal of
existing significant trees and with the least motor vehicle-bicycle conflict are
alternatives 0, 1, and 5. Although alternatives 0, 1, and 5 degrade the LOS of the
intersections involved, the LOS is still acceptable.
All of these alternatives would have one through traffic lane, and one bike lane in the
eastbound direction between Perimeter Road and Tantau Avenue, with dedicated
eastbound left turn lanes at the Perimeter Road, Finch Road, Apple driveway, and
Tantau Avenue intersections. Alternative 0 would have the greatest impact on the
LOS of the intersections involved, while alternatives 1 and 5 might be more
acceptable to Apple, since they include two and three westbound through lanes,
respectively.
We understand that the proposal to change the Vallco Parkway lane configuration is
intended to change the character of the street from ahigh-capacity connector to a
downtown street serving retail and associated uses. Public Works believes that the
surrounding roadway system will be adequate to carry traffic not bound for the
Vallco Parkway uses around the area effectively.
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To: Cupertino City Council members and Planning Commission
From: Homeowners at Metropolitan at Cupertino, CA "~.; e ~:' r;~~{;~ ,
Re: Sand Hill Project Development
We, at the Metropolitan do appreciate the Council's listening, understanding and assistance with
the issues that our community has with the Sand Hill project.
We have been working with Sand Hill property since Apri12008, attending each of the
community workshops. Based on the comments by the general public and our homeowners, the
park that was presented, was approximately 1.0 acre by Sand Hill. However, at last city council
meeting on January 12, 2009, the size of the park was reduced to 0.5 acre.
We would like to appeal to the City Council to help keep the original size of the park
As we have provided our reasoning for the park during the community workshops and at
the Planning Commission meetings, I wanted to summarize our reasons for the park.
1. Over the next 3 years, there will be more immediate residents that will need a "passive" park.
The Rosebowl project will have 204 condo units (approx. 500-600 residents) and the Sand
Hill senior housing will have 160 units (approximately 200 - 300 residents). Considering that the
Metropolitan has over 250 residents, there will be between 950 residents and 1,150 residents in
need of more green space. The 0.5 acre park is not enough to accommodate the number of local
residents. We are speaking not only on behalf of our homeowners, but for future homeowners.
2. We need a buffer and an eventual transition between our community and the hustle and bustle
of the retail and commercial buildings. Although the width of the park is 100 feet or so, the width
doesn't create enough space for people to practically use this as a passive or leisure park.
3. The general public and our community needs more open and green space. The Town Square
in itself is not enough. The Town Square will have cars circulating around. Storefronts will be
opened onto the Town Square. Patrons will be walking around and through the Town Square.
This is not the "passive" type of space that residents need or want. Although the Town Square is
a grand idea, it does not qualify as park space from residents' perspective where you lay out on
the grass for hours, bring your family to or let your children run around. In order for open space
to really qualify as a park, it needs to (1) be somewhat separate and distinct from the hustle and
bustle of the retail and commercial uses and (2) have the critical mass and size that allows for
family type of uses (i.e. laying out on the lawn, reading a book, throwing a football or frisbee,
etc).
By keeping the size of the park at 1.0 acre, we believe that the Sand Hill Project will be the gem
of Cupertino and will be a magnate for many patrons and customers.
We support Alternative A regarding the Vallco Parkway retail space.
We have worked hard with Sand Hill to move the loading dock area for the building away from
residential homeowners (not only the Metropolitan, but the Senior housing units and Rosebowl
units). As you may know, deliveries happen typically in the early mornings and late evenings,
which is very, very disruptive to people's lives. Anyone living in this area would NOT welcome
any type of delivery/loading area due to the noise, views, smells, etc that are typical of delivery
areas. Given our efforts, Sand Hill proposed a solution that not only mitigates the problem by
moving the loading area onto the parking lot area on Vallco, but also creates a building that is
leasable by having dedicated parking in front of the building. As you know, the retail in front of
the Metropolitan has been vacant primarily due to the "perception" that there isn't any parking
although there is sufficient parking right around the corner of the retail. Having "obvious"
parking will ensure the success of the retail building along Vallco Parkway.
Best regards,
Home owners at Metropolitan Cupertino
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Sample documentation regarding RosE~ Bowel truck loading noise
occurred in September 08 from Metropolitan Home owners
Contact name: Jennifer Chang,
Issue on Rose Bowl mixed use Metropolitan unit 229
project Activity Record phone: I~umber:408-219-0874
Contacts and Activities
Contact information
1. Traci Caton: Contact person for planning commission, City of Cupertino 408-777-3253
2. Gary Chao: project manager, city of Cupertino, Rose Bowl Mixed use project,
aaryc(a)cupertino.orq direct number: 408-777-3247
3. Cupertino Police department: 408-299-2311
4. Metropolitan HOA: 408-226-3300
5. Kenneth Wong Phone: 650-566-2139. CFO ~~t Menlo Equities LLC, Board member of
Metropolitan Cupertino, kensbizness@yahoo.com
6. Evershine III LLP: 19770 Stevens Creek Blvd Wayne Okubo 408-343-1088 Ex 7335.
Edward Chan: Ex: 7233 echanna,kcrdevelopment.com ,Annie Chan, registered with state
California website as owner of Evershine LLP.
Date Time Remarks, Notes, Actions Taken
on
Activit
09/5/08
Jennifer Chang, the home owner of unit 229 at Metropolitan Cupertino with her
unit facing to the Rosie Bo~r~el project parking lot encountered the following
Issues on 09/05/08 at 7:OOarn: there were trucks and forklifts started loading and
unloading dirt in the morning. In addition, the forklifts were driving back and forth with
the "bi, bi bi" sound outside JE~nnifer's window. In addition to the "bi bi" sound, the
truck's engine was also very noisy. When loading and unloading dirt, there's
additional sound such as "berg, beng" from the truck. The activity was still on at
8:45am when Jennifer left her unit. The noise was there yesterday morning too
(09/04/08) and Jennifer didn't mentioned. She thought this was only one time activity.
Jennifer talked to other home owners whose units facing to the Rose Bowel parking
lot later that weekend and they had the same concerns. Furthermore, Jennifer
encountered the same issue in the past when Vallco development was building the
underground sewage system for AMC theater. It took Jennifer a few months to get
over with the noise out of her mind. She contacted the Cupertino city code
enforcement department but ~Nas told the construction company has a special permit
and authorized to work at 3:OJam in the morning. During that time frame, the
construction company used to park their trucks, forklifts and other equipment under
Jennifer's balcony 3:OOam in the morning and drive back and forth. Ever since,
Jennifer has a strong react~~on towards the truck noise and "bi bi' sound. When
she hears the sound, she fE~e/s uncomfortable, frustrated, angry, scared and
stressed. Even without hearing the sound, Jennifer's mind wonders when the
cnunrl will come again. whE~n they will start making the noise. She feels that
Date
Rerr~arks, Notes, Actions Taken
she's mentally abused. She :feels upset and depressed during the day because
the frustration in the morning.
Actions:
Called Cupertino Police deparl:ment at 7:54am. The police department said the noise
level shall be ok as long it's between 7:OOam to 8:OOpm.
Called HOA at 8:35am and sp~~ke to Shirley. She said the since the noise is not
within the complex of Metropolitan, there's nothing the HOA can do about
Called Kenneth Wong at 8:38am at 650-326-9300 with a voice mail regarding the
noise issue. Asked him a call hack.
Contact Cupertino coding enforcement department at 408-777-3255 and left a voice
mail for Alex. Jennifer explained her concern and noise issue. Alex's voice mail
indicated he worked from Monday to Thursday 7:OOam to 5:30pm
Received a call back from Kenneth Wong at 9:22am with a voice mail. Kenneth
recommended Jennifer to contact the Cupertino City department regarding the issue.
Kenneth also mentioned Jennifer should document the fact and present it to the city.
Received another call from Kenneth Wong at 9:24 am and discussed the issue for 20
minutes. Summary of the discussion: Kenneth was not aware of any permit has been
issue to Evershine LLP. KennE~th contacted Evershine back in May 2008 regarding
the development issue may arise later with Metropolitan community. Evershine was
not cooperating or timely responding back to Kenneth's concern. Evershine
mentioned the project was still in the developing stage and nothing much to discuss
about. Kenneth was not aware of any construction going on in the Rose Bowel area.
Kenneth asked Jennifer to document the facts, contact other homeowners who have
the same feedback about the noise issue and present it to the City of Cupertino.
Jennifer said she can document the facts and ask other homeowners to sign the
petition. Jennifer will send the ~Jocumentation to Kenneth Wong by email at
kensbizness(a~,yahoo.com
Researched the city of Cupertino web site regarding the plan and construction
projects. Contact Traci Caton to see if Jennifer can attend the planning commission
meeting on 09/09/08 at Cupertion city to address the noise concerns.
Received a call back from Traci Caton at 12:57pm regarding the voice mail left.
Called Traci back but received her voice mail
Called Kenneth Wong and left a message regarding the name of the Evershine LLP
and the status of project based on the city of Cupertino Web site.
Received another call back from Traci at 1:01 pm. Discussed the issue for 15
minutes. Summary: The plan commission meeting is ok to public. Jennifer needs to
register by the door that she wants to have a chance to speak during the meeting.
Each speaker has up to 3 minutes to discuss the issues. Gary chao, who works for
the Cupertino City is responsit~le for the Rose Bowl project. Gary Chao's number is
408-777-3247. Jennifer explained her concern with Traci. Traci didn't give any
response and said she needed to contact Gary Chao on that.
Received a voice mail from Gary Chao on Jennifer's cell number at 2:15pm. Gary
asked Jennifer to call her back to discuss the Jennifer has.
2
Date Time Rennarks, Notes, Actions Taken
on
Activit
Called Gary Chao at 2:35pm ~3nd spoke to him on the phone for 30 minutes.
Summary of the discussion: Rose Bowl project is owned by Evershine LLP. The
planning permit was approvec a year and half ago. The construction has not
approved yet by the city. The Evershine group is working on that. Approximately the
construction permit will be apK~roved by second or third quarter of 2009. The
construction will start at that time. Evershine LLP is owned by Edward Chan and
contact number at 408-343-1 C~88. There's no permit or permission at this time from
the city regarding the construction or loading/unloading material at the Rose Bowel
parking lot. Gary will call Edw~3rd Chan to find out what exactly the truck was doing at
7:OOam in the morning. Gary encourages Jennifer to call Edward Chan to discuss her
concern too. Gary looked into the building permit and the construction hours suppose
to be from 7:OOam to 8:OOpm, the delivery hours shall be from 8:OOam to 8:OOpm.
The storage of equipment supposes to be 200 feet away from the residential area. If
the noise issue still exists after the communication with Edward Chan, Gary
recommended Jennifer to submit a formal complaint to the code department. Jennifer
expressed her interest in attending the meeting of "planning commission" at next
Tuesday 09/09/08 at city hall. Jennifer has three minutes to address her concerns
during the meeting.
Called Edward Chan at Ex. 7.33 and left a message with the noise concern at
4:40pm. Asked a call back from him to address/resolve the concerns.
Items need to follow up: 1. Jennifer need to email Kenneth Wong about the fact. 2.
Gary Chao needs to call Jenn fer back regarding the discussion with Edward Chen.
3. Jennifer is waiting to hear back from Edward Chen 4. Jennifer needs to email Gary
Chao to re uest the buildin ermit.
09/07/08 - Email Gary Chao to rE~quest the building permit
- Replied to HOA email regarding the noise level
- Forward the HOA em~~il to Ken Wong but didn't go through. Later on Jennifer
realized it was one letter off after verify the email address on 09/08/08.
09/08/08 - Alex from Cupertino City code department called back at 8:15am and left a
voice mail. He restated the construction hours start 7:OOam in the morning
during week days.
- Received a voice mail from Edward at 9:29am regarding the voice mail
Jennifer left on Friday at 4:40pm
- Called Edward back at 12:20pm and left a message
- Edward called Jennifer back at 1:43pm and discusses the issue. Edward said
he already told the Vallco mall management (who Evershine authorizes them
to handle the project) and they will tell the construction company start at
8:30am in the mornincl. Edward explained that Evershine LLP didn't hire the
construction company to do this project. The construction company was hired
by the mall managem~ant. The project is to clean up the parking lot and move
the dirt always. Edward explained it would take around two weeks for the
project to finish. Edward said they don't have to start this early. In addition,
Edward also mentioned the actual construction will start around the third
quarter of 2009. Jennifer expressed her concern of the noise level when the
actual construction st~~rts and asked Evershine LLP to take consideration of
the local resident. Edward said he understood that and he got a call from
Gary Chao too. Gary mentioned the Metropolitan HOA and residents are
interested to hold a meeting with Evershine LLP to discuss the construction
issues, noise, concerns and etc. Edward said he's more than happy to have
a meeting and discus: the details with Metropolitan residents. Edward also
indicated that he's aware of Kenneth Wong has the same concern about the
Date Time Remarks, Notes, Actions Taken
on
Activit
construction issue. Furthermore, Edward mentioned the Sand Hill project and
it might affect the loc~~l Metropolitan too. Jennifer said she would follow up on
that.
- Called ken Wong and left a message to verify his personal email address
- Received email from I<en Wong regarding his person email address
09/09/08 - Jennifer wake up at 3:OOam and concerned about the noise level. She's
worried, concerned and frustrated while sleeping because the noise
sound was in her mind.
- Jennifer jumped out of bed when she heard the forklift generate the "bi, bi"
sound under her bedroom window. It's 7:50am in the morning. Jennifer called
Edward at work and IE~ft a message that based on the discussion on
09/08/08, the construction activity shall start after 8:30am.
- Jennifer left home at 8:50am. The forklift was under her bedroom window
and the truck was uncler her balcony loading dirt
- Edward called Jennifer back at 11:04am and left a message. Edward said
that he did ask one of his colleague to walk to Rose Bowel parking lot and
spoke to the construction workers. The construction workers now fully
understood that they c;an't start until 8:30am. If this happens again, please let
him know
- Jennifer called EdwarJ back at 11:10am and thanked him for the message
and action taken. Jennifer said she would call Edward if this happens again.
- Email ken at 3:12pm ~jttached with this activity record
- Called Ken at 3:35pm and let him know the mail Jennifer sent. In addition,
Jennifer said she's pl~~nning to attend the planning meeting Cupertino city
and will have a discussion with Gary Chao.
- Received a call from iCen at 3:45pm. He mentioned that he got Jennifer's
message. He asked about the planning meeting for tonight. Jennifer said the
meeting is open to public and it's a general meeting held by Cupertino city
twice per month. Ken said he could not make to the meeting tonight. He
would like to know they status. Jennifer said she would email or call tomorrow
about the updates.
- Come to the Cupertirn~ city planning meeting and met Gary Chao in person at
6:50pm. Discussed the issue with Gary. He asked the current status and
Jennifer explained to 'aim. Gary said he could call the mall manager Mike to
enforce the hour. Gar~,~ needed to do his presentation. Jennifer waited until
8:45 m and left a notE~ for Gary that she would call him tomorrow at 9:30am
09/10/08 - Called Gary at 9:30am and talked for 20 minutes. Jennifer mentioned about
the concerns on strong reaction towards noise level and if there's any
exception towards medical circumstance. Gary said he's not aware of
anything like that in the city code. Gary mentioned he could work as much as
he could with Evershine and the mall management. He can show Jennifer
and the HOA board member about the detail management plan on the Rosie
Bowel project. He can ask Jennifer and the other board members' input and
discuss with Evershin~ group. Gary will be the one approve the planning and
the construction ermit.
Sample documentation for AMC noise occurred on 03/16/07 from Home owner
at Metropolitan, Cupertino
Date Activity
1. I heard the truck trailer noise next to my balcony around 12:OOam
and ~1idn't stop until 4:OOam in the morning. Prior to that, I heard
the noise 5-6 times for last two weeks ever since I moved in about
a month ago. Description of noise: construction workers were
talking, bee-bee sound from the trailer, bang-bang sound from
loading the steel and the steel or other heavy items touch the
ground or the loading truck. I didn't see exactly what items was put
on the truck, but it was very close my balcony. I don't know what
time ':he construction loading stopped or never stopped because I
fall a:~leep. The next morning I heard complains from my
roommate and she's not able to sleep at night due to the noise
distr~ ction.
2. Cell: called HOA office in the morning and spoke to Grace
Morioka, the HOA manager and explained the noise issue with
her. ;>he said there's nothing she can do about and asked me to
call ttie city of Cupertino building department.
3. CamE~ back from home depot around 11:OOam and saw Pete from
Construction Company of metropolitan and spoke to him about the
03/16/07 noise level. Pete said the noise came from a different construction
company. Pete mentioned there's rule on the hour construction
company could work on the project. He's not sure about the hour,
most likely it's 8:OOam-5:OOpm or 10:OOpm.
Note: the noise continued for the rest of the day and I want to wait until
10:OOpm to sE;e if it would stop.
4. Called Cupertino police department at 9:40pm and spoke to a lady
and explained my concern of I couldn't sleep at night due to the
noise I asked about her name but she couldn't provide her name
and only give her ID # 151. She said she would research it and get
back :o me.
5. The I~~dy with ID #151 called back around half hour (10:10pm) on
my cell phone. She said the sheriff office is down stair to talk to me
regarding to the situation. I came down and spoke to Officer Todd
(didn't ask his last name). I explained the situation to officer and
offered him to come to my unit to look at the construction activity
under my balcony. Officer Todd came to my balcony and I
explained the situation to him. We saw the operating trailer